Кафедра финансового права (Санкт-Петербург)

The course aims at developing the skills of legal analysis and research in the field of international law using the legal framework of the World Trade Organization. The course focuses on the skill of interpreting international treaties, resolving legal controversies, structuring legal argumentation through the analysis of the WTO Dispute Settlement Body cases. The course covers the underlying principles of international trade law, such as most-favoured nation treatment and national treatment, as well as the basic features of the WTO as an international organization, such as decision making procedures and accession. The course develops the skills of students to interpret and apply international treaties, interpret and apply the findings of the WTO Dispute Settlement Body, provides an understanding of the basic structure of the WTO institutions and legal texts, and fosters knowledge and skills necessary for practice in international trade litigation, skills useful in international trade negotiations and policymaking.

Learning Objectives

obtain the understanding of the place of international trade rules within the international legal and political system;
obtain the ability to resolve conflicts between international treaties, including in the field of international trade;
obtain the ability to apply the rules of the WTO Agreements and plead cases based on WTO rules;
obtain the ability to provide a reasoned and concise legal advice on the given cases;
obtain the ability to deal with the constructed moot situations and cases, develop the solutions.

Expected Learning Outcomes

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
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
Detailed knowledge of the dispute settlement system of the WTO, including its system of sanctions
Knowledge of the system of legal texts, ability to resolve legal conflicts

Course Contents

The system of international economic law
History of international trade law
WTO Legal texts
WTO law and public international law
Fundamental principles of international trade law
Tariffs and non-tariff barriers
WTO dispute settlement mechanism
Perspectives of the development of international economic law

Assessment Elements

Exam
The exam is in writing and implies the resolution of ten practice-oriented cases based on the material covered in class and during self-study. For each of the cases, up to five solutions are proposed, and the student must choose from the proposed options one answer, which is the most accurate and complete in the context of the applicable legal rules and the positions of the WTO Dispute Settlement Body. Absence of an answer or the selection of several answers are evaluated as incorrect answer. The number of correct answers (correct answer options indicated by a student) is equal to the final grade for the exam. The exam is closed book; students could not use any materials or devices. The duration of the exam is 60 minutes.
Written assessment
If 0 points are given for the performance of the written assessment, and there are no grounds for scoring 0 points for the exam as a whole, provided for by local legal acts of the National Research University Higher School of Economics, 1 point is given for the exam as a whole.

Interim Assessment

2023/2024 4th module
Gf = 0, 4 * Gwa+ 0, 6 * Gwe with: Gf – final grade for the course (10 points maximum), Gwa – grade for written assessment (10 points maximum), Gwe – grade for the written exam (10 points maximum),

Bibliography

Recommended Core Bibliography

Guzmán, A. T., & Sykes, A. O. (2007). Research Handbook in International Economic Law. Edward Elgar Publishing.
Marceau, G. Z. (2001). Conflicts of norms and conflicts of jurisdictions : the relationship between the WTO agreement and MEAs and other treaties.
Matsushita, M., Schoenbaum, T. J., Mavroidis, P. C., & Hahn, M. J. (2015). The World Trade Organization : Law, Practice, and Policy: Vol. Third edition. OUP Oxford.
Mavroidis, P. C., Horn, H., & American Law Institute. (2013). Legal and Economic Principles of World Trade Law. Cambridge University Press.
Mitchell, A. D., Sornarajah, M., & Voon, T. (2015). Good Faith and International Economic Law (Vol. First edition). Oxford, United Kingdom: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1200898
Rolland, S. E. (2013). Development at the WTO. Oxford University Press.
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
Van den Bossche,Peter, & Zdouc,Werner. (2017). The Law and Policy of the World Trade Organization. Cambridge University Press.

Recommended Additional Bibliography

Cottier, T. (DE-588)1011627426, (DE-576)160629268. (2005). International trade regulation : law and policy in the WTO, the European Union and Switzerland; cases, materials and comments / Thomas Cottier; Matthias Oesch. Stämpfli [u.a.].
Gantz, D. A. . (DE-588)171114132, (DE-576)253796407. (2013). Liberalizing international trade after Doha : multilateral, plurilateral, regional, and unilateral initiatives / David A. Gantz. Cambridge Univ. Press.
Low, P., & Capling, A. (2010). Governments, Non-State Actors and Trade Policy-Making : Negotiating Preferentially or Multilaterally? Cambridge University Press.
Mavroidis, P. (2008). Trade in Goods: The GATT and the Other Agreements Regulating Trade in Goods. Oxford University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.b.oxp.obooks.9780199552139
Piérola, F. (2014). The Challenge of Safeguards in the WTO. Cambridge University Press.
Van Damme, I. (2010). Treaty Interpretation by the WTO Appellate Body. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.2ED13F43

Authors

Власова Ольга Леонидовна
Talanov Vladimir Vladimirovich

Research Seminar "International Economic Law"

Преподаватель

Course Syllabus

Abstract