International economic law

Teacher(s)

Coppens Philippe; Culot Henri;

Language

French

Main themes

This course consists of an introduction to the specific rules of international economics and international trade: trade (international bodies such as GATT; trade between developed countries; trade between western and eastern countries, etc.), money and finance (IMF, World Bank, etc.), international economic agents (states, transnational companies); investment; analysis of trade relations; international contracts; international disputes. If requested by the Faculty and the Department for economic and social law, the method can be either lecturing or an analysis of cases. The choice of a method is made for a three-year period.

Learning outcomes

At the end of this learning unit, the student is able to :
1	The course's goal is twofold. The first goal is to show that law and economics share intertwined concerns. Some elements of Law & Economics are developed from this viewpoint. The second goal is to encourage students to have a critical and well-argued vision of the economic, political, and social movements of globalization and of the norms which convey their meaning. To be constructive, this critique should be supported by a rigorous command of the technical rules of substantive law stated in the Agreements establishing the World Trade Organization (WTO).

Content

The course aims to critically analyze the foundations, modes of operation and substantive law standards of the World Trade Organization (WTO).
The first part of the course examines the main economic and philosophical concepts that provide an understanding of the nature, purposes and tensions of international economic law (theory of absolute and comparative advantage and global justice).
The second part of the course examines the historical development from the partial failure of the Bretton Woods Agreement (1944), the pragmatic solutions of the multilateral negotiation rounds to the Marrakesh Agreement establishing the WTO (1994). it also examines the principles of the WTO Agreements as they relate to economic policy issues. It shows the nature and extent of pragmatic exceptions to these principles. It analyzes substantive law solutions in the Agreements on Trade in Goods and on Trade in Services and the Dipsute Settlement Understanding, taking account of  and WTO case-law. Bilateral and regional trade agreements are also discussed.
Finally, drawing mainly on WTO casesrelating to GATT Article XX, Part III analyses the complex relationship between international economic law and the environment.

Teaching methods

The method of teaching is not uniform, but its main goal is to facilitate interactions between students and teachers.
The students will have to read some materials in advance in order to participate in effective class discussions.

Evaluation methods

The exam is oral and/or written. It verifies whether students have acquired sufficient knowledge and understanding, as well as a capacity for critical analysis of the subject.
The students will bring the legal texts (WTO Agreements) with them.

Online resources

Are available online :
- A syllabus (course notes) for the first part of the course
- Power point presentations for the second part
-Articles of legal scholarship and other documents
-The case-law analyzed in class.

Bibliography

Michael J. Trebilcock and Joel Trachtman, Advanced Introduction to International Trade Law, 2nd ed., Edward Elgar, 2020
Peter Van den Bossche and Denise Prevost, Essentials of WTO Law, 2nd ed., Cambridge University Press, 2021

Faculty or entity

BUDR