Магистратура
2023/2024
Правовое регулирование проекта "Один пояс-один путь"
Лучший по критерию «Полезность курса для расширения кругозора и разностороннего развития»
Статус:
Курс по выбору (Право международной торговли и разрешение споров/Law of International Trade and Dispute Resolution)
Направление:
40.04.01. Юриспруденция
Кто читает:
Департамент международного права
Где читается:
Факультет права
Когда читается:
1-й курс, 3 модуль
Формат изучения:
без онлайн-курса
Охват аудитории:
для всех кампусов НИУ ВШЭ
Прогр. обучения:
Право международной торговли и разрешение споров
Язык:
английский
Кредиты:
3
Контактные часы:
28
Course Syllabus
Abstract
A decade ago, the ‘Belt and Road Initiative’ (BRI) was enacted by the Chinese government, aiming to represent a global cooperation for developing infrastructure, enhancing regional connectivity, and further accelerating economic growth. Since the past ten years, the BRI has already welcomed 152 countries around the world to participate in, and has formed more than 200 cooperative documents. Compared to China’s previous efforts of opening-up and going-global, the BRIs is characterised by its endeavour of frameworking the undertakings and institutionalising them into certain mechanisms underpinned by legal instruments, both formal and informal. Accordingly, the legal aspect of the BRI should be paid more significance by both practitioners and scholars.
This two-week teaching module would provide students with a comprehensive understanding of the relevant legal issues regarding the BRI. From a horizontal perspective, the proposed module covers a wide range of topics, including transnational trade, cross-border investment, and international financing. The law subject to exploration is triple-folded, namely: the law applicable to commercial relationships between private actors on an equal footing, the law governing regulatory relationships between a state and a market actor, as well as the law underpinning the coordinative relationships between different sovereign states. For each specific topic, the module first focuses on different kinds of instruments are employed under various BRI projects, and then go further as to discuss the questions as to how relevant norms of international economic law have been adopted or otherwise revised by BRI practices and to what extent the international economic order may be enhanced or otherwise reshaped by the implementation of the BRI.
The course does not isolate itself from a wider ground of the international economic order whereby countries alongside the BRI have assumed profound and sophisticated international obligations under various bilateral, regional, and multilateral treaties. Therefore, more international legal instruments, as well as international adjudicative practices in different tribunals, will be explored and discussed in order to understand the compliance of BRI practices with various international economic regimes. The teaching module pays particular attention to the bilateral relationship between Russia and China, whereas stable and positive cooperation between the two major players of the world economy has increasingly shown its significant during a time of uncertainty resulting from protectionism and anti-globalisation movements.
Learning Objectives
- The proposed course aims: - to review the legal instruments employed under the BRI, covering broadly the areas of world trade, transnational investment, and international finance; - to guide students to have an up-to-date conception of the innovative doctrines guiding various BRI practices, while exploring the implications of the BRI to the existing international economic order; - to discuss the rationales behind the BRI, focusing on the relevance of China’s traditional and contemporarily prevailing philosophies to its existing engagement into the international economic order. - to bridge the gap between Chinese scholarships in global trade law and international investment law and their counterparts in the non-Chinese scholarships. They will introduce the views and primary sources in contemporary China, and conversely, receive comments and critiques from the outside world; - to avail students to access the most heated topics in the field of BRI, such as the outbound investment by state-owned enterprises (SOEs), contractual arrangements underpinning infrastructure-based projects, the compliance of relevant BRI practices with the existing international economic regimes, as well as the legal instruments that can be adopted to counter the potential risks of BRI projects; and - to enhance students’ capacity of conducting doctrinal and normative analysis and in and legal reasoning.
Expected Learning Outcomes
- to avail students to access the most heated topics in the field of BRI, such as the outbound investment by state-owned enterprises (SOEs), contractual arrangements underpinning infrastructure-based projects, the compliance of relevant BRI practices with the existing international economic regimes, as well as the legal instruments that can be adopted to counter the potential risks of BRI projects;
- to bridge the gap between Chinese scholarships in global trade law and international investment law and their counterparts in the non-Chinese scholarships. They will introduce the views and primary sources in contemporary China, and conversely, receive comments and critiques from the outside world;
- to discuss the rationales behind the BRI, focusing on the relevance of China’s traditional and contemporarily prevailing philosophies to its existing engagement into the international economic order.
- to enhance students’ capacity of conducting doctrinal and normative analysis and in and legal reasoning.
- to review the legal instruments employed under the BRI, covering broadly the areas of world trade, transnational investment, and international finance; to guide students to have an up-to-date conception of the innovative doctrines guiding various BRI practices, while exploring the implications of the BRI to the existing international economic order;
Course Contents
- Session 1: Introduction - The concept of the BRI from various perspectives
- Session 2: Introduction - The legal issues of the BRI and the peculiarities of BRI activities
- Session 3: China’s foreign investment regime and the BRI
- Session 4: China’s outward investment regime and the BRI
- Session 5: Trade in Goods under the BRI
- Session 6: Intellectual Property (IP) Protection and Technology Transfer under the BRI
- Session 7: Potential risks and obstacles for BRI projects
- Session 8: Economic reform, cultural background, and ideologies of China and the BRI
Assessment Elements
- In-class activityThe course will be taught through a combination of lectures and tutorials, where students are encouraged and requested to participate in class discussions actively. In-class activity is 10% attendance and 10% participation; and concerning the meaning of participation, it is about answering questions, raising questions for either the lecturer or other students, and critically deliberating personal opinions.
- Essay writingThe criteria for assessing and a list of suggested topics will be provided in advance, but students can choose any topic relevant to the course.
Bibliography
Recommended Core Bibliography
- Smith, F. (2002). The Jurisprudence of GATT and the WTO: Insights on Treaty Law and Economic Relations. By JOHN H. JACKSON. Cambridge: Cambridge University Press, 2000. 497 pp. {pound}45. https://doi.org/10.1093/bybil/72.1.397
Recommended Additional Bibliography
- John H. Jackson. (1997). The World Trading System, 2nd Edition: Law and Policy of International Economic Relations. The MIT Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.b.mtp.titles.0262600277