esade

World Trade Law (2235.YR.009995.1)

Datos generales

Tipo:

OPT

Curso:

5

Periodo:

S semestre

Créditos ECTS:

5 ECTS

Profesorado:

Grupo Profesor Departamento Idioma
Year 5 Giovanni Gruni Derecho ENG

Prerrequisitos

None

Contribución de la asignatura al programa

World trade law is the body of international laws underpinning international economic exchanges between States. From an embryonic system of rules created after World War II to deal mainly with customs duties on goods, world trade law blossomed into an extensive apparatus of norms including not only free movement of goods and services but also intellectual property rights, food safety, public intervention into the economy and many other areas of regulation. Notably, world trade law is endowed with an exceptionally efficient dispute settlement mechanism, the Appellate Body of the World Trade Organization (WTO), which distinguishes itself for its automatic jurisdiction on all matters related to WTO covered agreements. The WTO itself is a complex international organisation created in 1995 which is playing a pivotal role in shaping the rules and policies governing globalisation.

This course is an introduction to the law of the WTO in all its substantive, procedural and institutional elements. The course starts with an overview of the history of world trade law since the end of World War II to the creation of the WTO via the extensive legal developments happened in lengthy international negotiations called "Rounds? (1). The course then delves into the details of WTO institutional design (2) and of selected areas of WTO law and practice:

Objetivos de aprendizaje de la asignatura

The student is expected to:
- Know the main steps in the development of contemporary world trade law
- Know the salient elements of the institutional structure of the WTO
- Know the salient elements of the WTO dispute settlement system
- Know the general structure and organisation of WTO covered agreements
- Know the basics of the GATT and the obligations on free movement of goods in WTO law
- Know the salient elements of the GATS and the obligations on free movement of services in WTO law
- Know the law on free movement of agricultural products and food in WTO law
- Know the main obligations related to intellectual property in WTO law
- Know the main obligations related to the WTO SPS agreement
-Know the main feautres of WTO law on subsidies and trade remedies
- Being able to discuss critically contemporary challenges to the WTO and to WTO law
- Being able to identify specific legal material on World Trade Law databases

Contenidos

1. The History of World Trade Law

2. The Institutions of the WTO

3. Trade in goods

4. Trade in services

5. Trade related intellectual property rights

6. Dispute settlement

7. Free trade agreements

8. Sustainability issues (labour standards and the environment)

9. The trade policy of the United States

10. The trade policy of the European Union

Metodología

The course is based on lecture classes and active class participation. Reading assignments of different materials such as academic literature and the case law of the WTO Appellate Body and WTO Panels will be scheduled and posted on the course website to be accessed for careful reading in advance individually and commented openly in class.


Criterios de evaluación

The assessment criteria is based on the ongoing active participation of the student in class and on a final written exam. The active class participation requires from the student regular attendance, accessing for careful reading to the assignments scheduled and participation during class open discussions.

During the first week of the course time slots will be scheduled for group 6 minutes presentations on a topic related to the course of students' choice. The presentations are assessed on the basis of the quality of the argument proposed and the clarity of the delivery.

The final written exam will be assessed taking into account the capacity of the student to develop an original argument as well as critical analysis and personal reflection, provided that the latter is the result of a solid understanding of the course content and not just the product of personal preferences. Quality and not the quantity of the final written exam will be an important assessment criteria and will contribute positively to the grade.

Students who do not: Pass this course in the FIRST-SITTING due to not attending class or copying during the final written exam will not be able to RE-SIT THE FINAL and will thus have to re-take the course, duly completing the activities specified by the faculty.

Bibliografía

P Van den Bossche and D Prevost, Essentials of WTO law

Horarios y secciones

Grupo Profesor Departamento
Year 5 Giovanni Gruni Derecho

Horario Year 5

Del 6/9/2023 al 29/11/2023:
Cada miércoles de 11:30 a 14:30. (Excepto: 1/11/2023)