Бакалавриат
2023/2024
Международное торговое право
Статус:
Курс обязательный
Направление:
40.03.01. Юриспруденция
Кто читает:
Департамент международного права
Где читается:
Факультет права
Когда читается:
4-й курс, 3, 4 модуль
Формат изучения:
без онлайн-курса
Охват аудитории:
для своего кампуса
Преподаватели:
Таланов Владимир Владимирович
Язык:
английский
Кредиты:
3
Контактные часы:
40
Course Syllabus
Abstract
The course provides a comprehensive analysis of the system of international trade law in the applicable business-oriented perspective. The course secures an advanced scrutiny of the international treaties regulating international trade 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 developing the skills of interpreting international treaties, resolving legal controversies, structuring legal argumentation through the lens of international trade-related cases. The aim of the course is also to foster knowledge and skills necessary for practice in international trade litigation, skills useful in international trade negotiations and policymaking. Students need to have prior familiarity with the basics of public international law. Additional background in administrative law, private international law is welcome, although not mandatory.
Learning Objectives
- The main purpose of the research seminar is to develop the skills of students to interpret and apply international treaties in the field of international trade law, interpret and apply the findings of the WTO Dispute Settlement Body, provide an understanding of the basic structure of the WTO institutions and the legal texts.
Expected Learning Outcomes
- Gain knowledge on sources of international trade law; the place of international trade rules within the international legal and political system; the key issues and principles of international trade law and the current legal challenges in the field; particularities of the application of WTO rules by the national courts in various jurisdictions.
- Be able: to use specific terms and sources of international trade law; to resolve contradictions between international treaties, including in the field of international trade; to apply the rules of the WTO Agreements and conduct business on the basis of WTO rules; to provide reasoned and concise legal advice on given cases in the field of international trade law.
- Acquire the following competencies and abilities: to cope with controversial situations and cases, develop solutions; to work with information (search, evaluate, use information necessary to perform scientific and professional tasks from various sources, including using a systematic approach).
- Acquire the following competencies and abilities: to search, analyze and work with legally significant information using legal, comparative and other specific methods; to describe and solve legal problems, prepare legal advice in the field of international trade law.
Course Contents
- Topic 1. History of international trade law.
- Topic 2. WTO and the sources of international trade law.
- Topic 3. WTO as an international organization
- Topic 4. Fundamental principles of international trade law
- Topic 5. Tariffs and non-tariff barriers in international trade law
- Topic 6. Dispute settlement in international trade law
Assessment Elements
- In-class workFor the active work in class (resolving problems, participating in discussions) and demonstrating due preparation for the classes, positively assessed by the tutor, a student can receive up to 10 points for all seminars preceding the exam in total. In case of insufficient student activity in seminars, the student accordingly receives 0 points. If a student is absent at more than 20% of classes, 0 points are awarded for in-class participation. The in-class participation grade received by the student is announced to him at the last tutorial and is taken into account in the calculation the resulting and final grade for the discipline.
- Written AssessmentThe written assessment is closed book; students could not use any materials or devices. The duration of the written assessment is 60 minutes.
- ExamForm of the exam: oral in the form of an interview on the whole syllabus. The interview may be held in class or remotely using computer technologies. In the course of an interview, a student is asked to answer two practical questions covered in class or in the assigned self-study materials. Any follow-up questions could be also asked in the course of the interview. The use of any materials and devices is not permitted during the interview.
Bibliography
Recommended Core Bibliography
- Julien Chaisse, & Tsai-yu Lin. (2016). International Economic Law and Governance : Essays in Honour of Mitsuo Matsushita. OUP Oxford.
- 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
- WTO - world economic order, world trade law, Stoll, P.-T., 2006
Recommended Additional Bibliography
- 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
- Treaty interpretation by the WTO appellate body, Damme van, I., 2011