Negotiations and Resolution of International Economic Disputes

2020/2021

Учебный год

ENG

Обучение ведется на английском языке

4

Кредиты

Кто читает:

Департамент международного права

Статус:

Курс обязательный

Когда читается:

2-й курс, 1, 2 модуль

Course Syllabus

Abstract

This course aims to provide students with an overview of various ways to resolve international trade disputes. It focuses on international trade negotiations and dispute settlement. This course builds on the knowledge the students are expected to have acquired previously on International Economic Law and the Law and Jurisprudence of the World Trade Organization.

Learning Objectives

• The primary goal of the course is to provide knowledge, skills and techniques on resolving international trade disputes. The course also aims at giving students a range of practical tools needed to develop appropriate strategies and tactics in the conduct of trade negotiations and dispute settlement.

Expected Learning Outcomes

• Students are expected to acquire a range of tools (both formal and informal) in order to be capable to engage in international trade negotiations and dispute settlement.
• Students are expected to gain an in-depth knowledge on: various means of resolving disputes, negotiation process and its stages, necessary negotiating skills and legal drafting techniques, as well as deepen and improve their knowledge of international dispute settlement and negotiations on multilateral and regional trade agreements.
• Students should be ready to apply the acquired knowledge and skills in selected case studies as well as in a simulation exercise in order to be better prepared for similar negotiations in practice.
• Students are expected to gain an in-depth knowledge on: various means of resolving disputes, negotiation process and its stages, necessary negotiating skills and legal drafting techniques, as well as deepen and improve their knowledge of international dispute settlement and negotiations on multilateral and regional trade agreements
• Students should be ready to apply the acquired knowledge and skills in selected case studies as well as in a simulation exercise in order to be better prepared for similar negotiations in practice
• Students are expected to gain an in-depth knowledge on: various means of resolving disputes, negotiation process and its stages, necessary negotiating skills and legal drafting techniques, as well as deepen and improve their knowledge of international dispute settlement and negotiations on multilateral and regional trade agreement

Course Contents

• Introduction to International Trade Negotiations
  International trade negotiations and their specific features. Major actors and key players in the international arena. Bilateral, plurilateral and multilateral trade negotiations. Negotiations in the World Trade Organization (WTO). Negotiations on regional trade agreements (RTAs), free trade areas.
• Resolving international trade disputes: various means
  Consultations between the parties. Good offices, conciliation and mediation. Facilitation procedures. Negotiations as a means of settling international disputes. Dispute Settlement Systems (WTO, RTAs)
• International trade negotiations and the WTO
  Key WTO principles and exceptions. Legal texts and provisions. Review session. Overview of the multilateral trade agreements in place and agreements being negotiated. Rounds of multilateral trade negotiations and their outcomes. Current state of play in the negotiations. WTO Accession negotiations. Legal advice on WTO accessions. Member-specific commitments and their impact on negotiations. Russia’s accession obligations.
• Negotiation Process
  Negotiation Theory. Basic principles and schools. Types of negotiations. Negotiation stages: from preparation to implementation and compliance. Pre-negotiation process. Negotiation strategy and tactics. Planning and drafting the negotiating position. Conducting negotiations. Drafting durable agreements. Power in the negotiations. Necessary negotiation skills and techniques. Common mistakes. Problems in the negotiations. Reviewing, summarizing, analyzing and implementing agreements. Compliance and the reality of ‘pacta sunt servanda’.
• Negotiations on Goods and Services
  Current international trade agenda and ongoing trade negotiations. Key negotiating tracks in the WTO. Agriculture, NAMA (Non-Agricultural Market Access), Services negotiations. Other negotiating tracks (Rules, TRIPS, Development, Environment, DSU, E-commerce, etc.). Tariff negotiations. Tariff-rate quotas (TRQs). Calculating trade-offs. Negotiations on services. Domestic regulation. GATS Rules.
• Negotiating Regional Trade Agreements
  Proliferation of RTAs in the world and its impact on the multilateral trading system. Mega-regional agreements (MRAs). CPTPP, TTIP, CETA negotiations. Competition for technology. U.S. - China Trade Agreement: the new era? Brexit negotiations as a specific case of international economic disintegration. The depth and scope of RTA negotiations. Overlapping trade regimes Negotiations on issues going beyond WTO obligations: competition policy, movement of natural persons, labor and environmental standards, etc.
• Dispute Settlement
  Dispute Settlement System in the WTO. Evolution, functions, objectives and main features. The scope of WTO disputes, main actors and stages in the WTO dispute settlement process. Panel and Appellate Review. Adjudication. Compliance with DSB recommendations and rulings (implementation, remedies, compliance review and arbitration under Article 22.6 of the DSU). Bilateral interim arrangements on dispute settlement. Appellate Body crisis (Walker process, MPIA). Dispute settlement mechanisms in RTAs. The choice of appropriate forum for trade disputes.

Assessment Elements

• Attendance, active participation and in-class discussion. Online.
  Each student is expected to attend all the sessions having go through and thought about the assigned material, including the questions and any problems in the text/ judgment, podcast, etc. that are assigned, and actively participate in class discussions, ask questions and make analytical comments about the assignments. Sessions will be structured as a mix of lectures, seminars, and participative workshops in order to stimulate class discussion: the participants are expected to cover the assigned materials in advance for each class.
• Final Interview. Online.
  Final Interview with the course instructor. Interview covers all topics of the course and is organized in the form of discussion. Every student is expected to answer relevant questions and to demonstrate his/her ability to engage in international trade negotiations and dispute settlement. Held online via zoom platform.

Interim Assessment

• Interim assessment (2 module)
  0.6 * Attendance, active participation and in-class discussion. Online. + 0.4 * Final Interview. Online.

Bibliography

Recommended Core Bibliography

• International negotiation actors, structure/process, values ed. by Peter Berton . (1999).
• Mautner-Markhof, F. (2019). Processes Of International Negotiations. New York, NY: Routledge. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=2199070
• Thompson, L. L. (2015). The Mind and Heart of the Negotiator, Global Edition (Vol. Sixth edition, global edition). Boston: Pearson. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=nlebk&AN=1419288

Recommended Additional Bibliography

• International Negotiations: Language in Crisis and Conflict Handling Negotiations, and vice versa : A conceptual study on international crisis/conflict negotiations considered in Wittgensteinian, Austinian and Derridean terms, with reflections on the cases of Oslo 1 Accords 1993 and Rambouillet Negotiations 1999. (2019). Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.77FA0759