Law of the World Trade Organization

2021/2022

Academic Year

RUS

Instruction in Russian

4

ECTS credits

Author

Talanov, Vladimir

Delivered at:

Department of Financial Law (School of Law)

Course type:

Elective course

When:

3 year, 1 module

Instructor

Talanov, Vladimir

Программа дисциплины

Аннотация

The course provides a comprehensive analysis of the system of the law of the World Trade Organization. The course secures an advanced scrutiny of the WTO agreements as interpreted in case law and state practice, and addresses the matters of the implementation of those rules into the national legal systems. The course puts particular emphasis on the issues of technical barriers to trade, sanitary and phytosanitary measures, subsidies, trade in services and international intellectual property protection as applied by national authorities and reviewed in the WTO milieu. A part of the case is devoted to the matters of international investment law within the WTO system and beyond

Цель освоения дисциплины

• The course develops the skills of students to interpret and apply the WTO agreements, interpret and apply the findings of the WTO Dispute Settlement Body, formulate the position of national authorities in international trade disputes, structure a foreign investment to foresee the related legal risks. Following the successful completion of the course, the student shall obtain the following skills and knowledge: ability to apply the rules of the WTO Agreements and plead the case based on WTO rules before domestic and international courts and tribunals; ability to provide a reasoned and concise legal advice on the given cases in the field; ability to develop and prepare a draft part of the legal pleadings before an international tribunal; ability to deal with the constructed moot situations and cases, develop the solutions

Планируемые результаты обучения

• Develop the skills in the field of judicial work and in the field of law enforcement
• Develop the skills in the field of legal analysis, research and application
• Mitigation of legal risks, legal opinions and pleadings drafting
• Skills of students to interpret and apply the WTO agreements developed
• Develop the skills in the field of legal analysis of documents, skills of legal opinions and pleadings drafting
• Skills of students to formulate the position of national authorities in international trade disputes developed
• Skills of students to interpret and apply the findings of the WTO Dispute Settlement Body developed
• Skills of students to structure a foreign investment to foresee the related legal risks developed

Содержание учебной дисциплины

• Key Principles of International Trade as Applied by the WTO DSB
• Technical Barriers to Trade
• Sanitary and Phytosanitary Measures
• Agriculture in the WTO rules
• Subsidies and other forms of state support (aid) within the WTO
• Foreign investment protection in the WTO and beyond
• Trade in services
• Protection of intellectual property in international economic law

Элементы контроля

• Written homework
  Written homework is drafting a part of the final award of an international tribunal on the presence / absence of expropriation in the given circumstances. Students should the elements and forms of expropriation, identify the corresponding tests, apply the tests to the case at hand, and make reasoned conclusions. Short and concise reasoning is highly appreciated. Students should limit the written homework to 1500 words
• In-class online discipline written assessment
  In-class online discipline written assessment takes form a resolution of two practical cases, based on the material covered in the online discipline. Students are informed on the date of the in-class online discipline written assessment no less than 7 days beforehand. The in-class written assessment is open book, students could use any materials and devices they consider appropriate. The duration of the assessment is 30 minutes. is 45 minutes. The in-class online discipline written assessment may be also held remotely through Zoom and LMS platforms, with the students uploading their assessment to LMS Projects.
• Written exam
  The written exam takes form of a resolution of two practical cases based on the course material. Students need to demonstrate the knowledge of WTO law and jurisprudence, as well as demonstrate the skills of argumentation. Students are informed on the date of the written exam no less than 7 days beforehand. The written exam is open book, students could use any materials and devices they consider appropriate. The duration of the assessment is 90 minutes . The written exam may be also held remotely through Zoom and LMS platforms, with the students uploading their assessment to LMS Projects.

Промежуточная аттестация

• 2021/2022 учебный год 1 модуль
  0.2 * In-class online discipline written assessment + 0.2 * Written homework + 0.6 * Written exam

Список литературы

Рекомендуемая основная литература

• Stoll, P.-T., & Schorkopf, F. (2006). WTO : World Economic Order, World Trade Law. Leiden: Brill | Nijhoff. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=202942

Рекомендуемая дополнительная литература

• Delimatsis, P. (2007). International Trade in Services and Domestic Regulations: Necessity, Transparency, and Regulatory Diversity. Oxford University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.b.oxp.obooks.9780199533152
• Peel, J. (2011). Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement. By LUKASZ GRUSZCZYNSKI. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.DF630212