International Economic Law 2100-ERASMUS-INEL

The course will include, inter alia, the following topics:
- GATT and other multilateral agreements on trade in goods: challenges of interpretation
- the framework of regulation of international trade in services: modes of supply and schedules of specific commitments
- TRIPS: protection of intellectual property and other government policy objectives
- preferential arrangements in international trade
- general principles of law in international investment law
- bilateral investment agreements, regional free trade agreements with investment provisions, bilateral free trade agreements with investment provisions
- international custom in international investment law
- jurisdiction of ICSID (ratione materiae, ratione personae), consent to ICSID arbitration
- applicable law in disputes in ICSID
- annulment of awards of ICSID tribunals, recognition and enforcement of awards of ICSID tribunals
- legal standards of treatment of international investments and international investors

Topic 1. WTO law in the context of economic globalization. Historical development of the rules of the WTO law. The structure of the World Trade Organization. Principles of the WTO law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 8 points.

International trade in the context of globalization. The role of international economic law in determining the rules of international trade. WTO law as part of the public international law. Havana Charter. Kennedy round. Tokyo round. Uruguay round. The main functions of the World Trade Organization.
The WTO bodies. The WTO decision-making process. WTO membership. Procedure for the WTO accession.
The principle of most-favored-nation treatment. The principle of national treatment. The principle of transparency. Elimination of quantitative restrictions.

Topic 2. Key provisions of the WTO law on the international trade in goods

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 8 points.

Market access for goods. Import duty as a trade barrier. Tariff binding: procedure and legal consequences. Tariff quotas. Customs fees and other mandatory payments. State trading enterprises. General exceptions. Nullification or impairment of benefits. Free trade areas and customs unions. Enabling clause.
The problem of customs valuation in the context of tariff concessions. Brussels definition of value. Development of rules on customs valuation in the GATT. The price paid or payable. The transaction value. Methods of customs valuation.

Topic 3. Technical barriers to trade. Sanitary and phytosanitary measures. WTO Agreement on Trade Facilitation

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 8 points.

WTO Agreement on Technical Barriers to Trade. WTO Agreement on the Application of Sanitary and Phytosanitary Measures. WTO rules on non-discrimination in the field of technical, sanitary and phytosanitary regulation. WTO rules on the development and implementation of technical regulations, standards, sanitary and phytosanitary measures. WTO rules on conformity assessment procedures. The difference between technical regulations and standards.
WTO rules on the transparency of regulatory measures. WTO rules on mandatory payments at the border. Advance rulings. Post clearance audit. Risk management and risk assessment. Authorized operator. WTO rules on transit.

Topic 4. Other WTO agreements on trade in goods. WTO law and other rules of international law.

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

WTO Agreement on Rules of Origin. WTO Agreement on Import Licensing Procedures. TRIMS agreement. Revised WTO Agreement on Government Procurement.
The concept of dumping. Anti-dumping investigation. Anti-subsidy investigation. Injury. Causal link between dumping and injury. Safeguard investigation. Special rules of dispute settlement in the WTO on anti-dumping, countervailing and safeguard measures. The concept of subsidy in the WTO law. Forms of subsidies. Classification of subsidies.
WTO law in domestic law. The regional integration of markets. Human rights and international economic relations.

Topic 5. Regulation of the trade in services and the WTO law. WTO Agreement on Trade-Related Intellectual Property Rights (TRIPS Agreement). Dispute settlement in the WTO

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

Most-favored-nation treatment in the trade in services. Market access in the trade in services. National treatment in the trade in services. GATS rules with regard to the qualification requirements for service providers. GATS rules on monopolies and exclusive service providers. GATS rules on domestic regulation.
The structure of the TRIPS Agreement. Copyright and the TRIPS requirements. The concept of related rights and the relevant requirements of TRIPS. TRIPS requirements on trademarks and industrial designs. Patentability of inventions. Layout designs of integrated circuits. TRIPS and enforcement of intellectual property rights. Civil remedies. Provisional measures. Border measures. Criminal remedies.
The stages of the dispute settlement process in the WTO. The implementation of recommendations and rulings of the Dispute Settlement Body.

Topic 6. Definition and sources of international investment law. Settlement of international investment disputes in ICSID

Lectures - 2 hours. Seminars - 2 hours. Maximum score for the seminar class – 9 points.

Definition and historical development of the international investment law. Historical significance of friendship, commerce and navigation treaties. Calvo Doctrine. Hull Doctrine. The establishment of the ICSID.
Classification of sources of international investment law. International customary law. Bilateral investment agreements. Regional free trade agreements with investment provisions. Bilateral free trade agreements with investment provisions. General principles of law in international investment law.
ICSID bodies. Panels of Arbitrators. Conciliation and arbitration. Jurisdiction of ICSID (ratione materiae, ratione personae). Consent to ICSID arbitration.

Topic 7. Practice of interpretation of sources of international investment law. Legal standards of treatment of international investment. Stimulation of international investment. Non-commercial risks. International Monetary Law.

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

Applicable law in disputes in ICSID. Annulment of awards of ICSID tribunals. Recognition and enforcement of awards of ICSID tribunals. ICSID additional facility.
Fair and equitable treatment. Full protection and security. Most-favored-nation treatment. National treatment. Umbrella clause.
International Monetary Fund. The World bank and other financial institutions. International regulation of the banking sector.
The concept of non-commercial risks. Classification of non-commercial risks. Functions of the MIGA. Stimulation of foreign investment activity.