WTO and Investment Law
This course covers the basics of international trade and investment law, which are of vital importance for a business lawyer in the 21st century. To start with, the basic institutional as well as substantive WTO rules are discussed. Attention is paid to the “constitution” of the WTO, its structure, rules on dispute settlement, and the main substantive rules laid down in WTO, such as the prohibition on discrimination and (non-)tariff barriers. Attention is given as well to the general and security exceptions, economic emergency exceptions and exceptions for regional trade agreements. This part of the course also briefly touches upon rules and practices relating to dumping, subsidies and countervailing measures, as well as rules regarding the harmonization of national regulation in the context of sanitary and phytosanitary measures, and technical barriers to trade.
This overview is followed by an analysis of the rules regarding international investment protection. In recent years these rules have increasingly come to be seen as complementary to the traditional framework governing international trade. From a business perspective, the attraction is that –contrary to the international trade framework which is intergovernmental in nature— private parties have direct access to an international dispute settlement mechanism. At the same time, civil society is becoming increasingly concerned about the impact of so-called Investor-State Dispute Settlement on the policy space of governments (e.g., regarding public health and environmental regulation). In 2009, the EU received important new powers over international investment, in additional to international trade. The European institutions and the Member States are now grappling with the question how international trade and international investment rules as well as sustainable development goals are to be reconciled in a new generation of international economic agreements. The course addresses this question as well.
Co-ordinator
Europa Institute Steenschuur 25 2311 ES Leiden Phone: 071-527 7760 Website: www.europainstituut.nl Sheena Bruce, s.bruce@law.leidenuniv.nl Phone: +31 (0)71 527 7821
Lecturer(s):
Prof. dr. Freya Baetens - xxxxxx- Course Coordinator; Dr. Joris Larik
** Course Objectives:**
Objectives of the course:
A key objective of the course is to enable students to understand how transborder trade and investment under international law. This is a matter of gaining knowledge of positive law. Another objective of the course is to give students an insight into certain policy debates about current rules– and to see which reform proposals are being discussed. Another theme addressed in the course is whether and how private stakeholders (businesses, NGOs) can rely on intergovernmental trade and investment rules.
Achievement levels:
The following achievement levels apply with regard to the course:
Knowledge and comprehension:
Being familiar with basic trade and investment law rules and concepts.
Application:
Being able to apply these rules and concepts to actual cases. Understanding some of the major controversies and policy discussions concerning these rules.
Analysis:
Students should gain a working knowledge of the main international treaty rules on trade and investment, with an understanding of the underlying policy objectives.
Presentation:
Students should demonstrate that they are capable of applying international trade and investment law to policy questions and hypothetical cases studies.
Mode of Instruction:
Students are expected to attend 6 interactive lectures and 3 presentation sessions. In addition, 3 review seminars are organised where attendance is optional. For every lecture, students have to review the mandatory reading listed on Blackboard and be prepared to discuss these materials in class. For every case study seminar students have to review the relevant materials which form the basis of the case study in preparation of the exam case studies. For each presentation session, students have to review the materials relevant to the policy reform that will be debated.
Topic 1: International Trade and the Law of the World Trade Organisation (WTO)
Topic 2: The WTO Dispute Settlement System
Topic 3: Most-Favoured-Nation Treatment and National Treatment
Topic 4: Tariff Barriers and Non-Tariff Barriers
Topic 5: General and Security Exceptions; Economic Emergency Exceptions and Regional Trade Exceptions
Topic 6: Dumping and Subsidies; Rules Regarding Harmonisation of National Regulations
Optional seminar (a): Case studies for exam preparation (focus on WTO law)
Topic 7: Introduction and Sources of International Investment Law
Topic 8: Definitions ‘Investor’ and ‘Investment’
Topic 9: Expropriation
Topic 10: Standards of Host State Behaviour
Topic 11: Settlement of Investment Disputes
Topic 12: The Future of International Investment Law
Optional seminar (b): Case studies for exam preparation (focus on investment law)
Optional seminar (c): Case studies for exam preparation (WTO and investment law)
Presentation session (i)
Presentation session (ii)
Presentation session (iii)
Assessment Method(s):
50% of the students’ grade will be determined based on an in-class presentation concerning a particular policy reform question.
50% of the students’ grade will be determined based on a written in-class exam consisting of a hypothetical case study.
Students who pass both components, or, who fail one component but obtain an overall passing grade, will not be allowed a retake to obtain a higher grade.
Students who fail both components, will have to do a retake for both (same format).
Reading List:
In addition to consulting the materials listed as required (and recommended) reading on Bright Space, the students need to purchase two books:
For the trade part of the course: The Law and Policy of the World Trade Organisation, Text, Cases and Materials by Peter Van den Bossche & Werner Zdouc (5th edition, Cambridge University Press, 2021).
For the investment part of the course: International Investment Law – Text, Cases and Materials by Krista Nadakavukaren Schefer (3rd edition, Edward Elgar, 2020)
Course Materials
- Course Reader can be downloaded from Bright Space
Course requirements
- Master degree
Application
- Sheena Bruce, s.bruce@law.leidenuniv.nl – Phone: +31 (0)71 527 7821
**Disclaimer:
Currently these pages are being updated to reflect the courses for 2023 - 2024. Until these pages are fixed as per 1 September 2023 no rights can be claimed from the information which is currently contained within. Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2023 may only be done with the approval and consent of the Faculty Board and Programme Director.