4178 - DIRITTO INTERNAZIONALE DELL'ECONOMIA
Academic Year 2021/2022
Free text for the University
DANIELE AMOROSO (Tit.)
- Teaching style
- Lingua Insegnamento
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The course “International Economic Law” pursues a three-fold aim: a) to provide students with basic knowledge as to the functioning of the international legal order, having regard to its sources of law, its compliance mechanisms, and its incorporation within the Italian legal system; b) to offer a broad introduction to the principles governing international economic law; c) to show how the international legal framework concretely operates in the following fields: trade liberalization, protection of foreign investments and financial stability.
Under the Dublin Descriptors, the Course Learning Outcomes are as follows:
1) Knowledge and understanding
Students will learn:
- international economic law principles and rules, and related policies
2) Applying knowledge and understanding
Students will be able
- to interact with economic-related institutions and organizations at both national and international level
- to apply their multidisciplinary competences to interpret, describe and resolve issues concerning international economic law
3) Making judgments
- Students will be able to make their own assessment and/or judgment on the basis of the interpretation of available data, as well as to identify, collect and process further elements in order to obtain greater awareness on specific or common issues concerning international economic law
- Students will know how to start an initiative or take a decision, with the awareness that every activity is carried out in a situation of uncertainty or risk, and taking into account – besides legal/technical aspects – also economic, ethical and social ones.
4) Communication skills
- Students will be able to communicate, in an effective manner, information, projects and courses of action to stake-holders, relevant organizations, economic and social operators, as well as to the community at large, both at a national and at an international level. They will also be able to discuss their own ideas, raise problems, put forth solutions.
5) Learning skills
Students will develop
- the autonomous learning skills, which are needed by managers in order to operate in line with the dictates of international economic law;
- the ability to search for different bibliographical sources in order to acquire new competences
- the competence, curiosity and inclination to continue their studies
No formal prerequisites are envisaged.
1) BASIC CONCEPTS (6 hours)
1.1) Definition of International Law
1.2) The Functioning of International Law (Sources of International Law; Compliance Mechanisms)
1.3) The Incorporation of International Law within the Italian Legal Order
2) GENERAL CHARACTERS OF INTERNATIONAL ECONOMIC LAW (6 hours)
2.1) Sources and subjects of international economic law
2.2) International Economic Summits
2.3) The International Economic Order
3) THE INTERNATIONAL TRADE SYSTEM (6 hours)
3.1) The World Trade Organization (WTO): Structure and Fundamental Principles
3.2) The WTO Dispute Resolution System
4) THE INTERNATIONAL FINANCIAL SYSTEM (6 hours)
4.1) The International Monetary Fund (IMF)
4.2) Financial crisis and international assistance
5) THE PROTECTION OF FOREIGN INVESTMENTS (6 hours)
5.1) Foreign investment protection standards
5.2) The International Centre for Settlement of Investment Disputes (ICSID)
The course will last 36 hours and will include 24 hours of academic teachings and 12 hours of workshops.
During the hours of academic teachings, the topics outlined in the Course Programme will be explained to the students, whose active participation will be strongly encouraged.
In the Workshops, students will be asked to apply to selected case studies the knowledge acquired during academic teachings. To this end, fictitious scenarios for role-playing will be made up. Attendees' participation to the simulation will be taken into due account for the purposes of the final assessment.
Lessons will be delivered simultaneously both in the classroom and online, thereby establishing a mixed teaching methodology that can be experienced in university classrooms but at the same time also remotely. Each student, at the beginning of the semester, can opt, with a binding choice, for attending the classes physically or virtually. Depending on the availability of the classrooms and the number of students who will opt for physically attending the classes, there may be a rotation for the actual access to the classroom.
Verification of learning
The exam will consists of an oral interview, where students will be asked to expose the contents of the course programme. In this respect, it will be verified whether the student has acquired: knowledge and understanding, the competence to apply such knowledge and understanding to specific cases, the ability of making judgments, as well as communication and learning skills.
The interview will be articulated as follows:
- question 1 on basic concepts and general characters of international economic law (8/30 points);
- question 2 on the international trade system (7/30 points);
- question 3 on the international financial system (7/30 points);
- question 4 on the protection of foreign investments (7/30 points);
A 2 points bonus could be added to the assessment of students who stand out for their ability to expound on the issues dealt with in the Course in a comprehensive and critical manner. In this connection, the quality of the participation to the workshops will be also taken into account.
On the basis of the above-mentioned assessment methods, grading will be expressed as follows:
- from 18/30 to 20/30: the student has a basic knowledge of the programme, without serious conceptual mistakes;
- from 21/30 to 25/30: the student has a good knowledge of the programme, but his/her analytical tools remain quite elementary;
- from 26/30 to 29/30: the student has a good (or more than good) knowledge of the programme, and has acquired likewise good analyitical tools;
- 30/30 (if the case, cum laude): the student is able to sistematize in a logical and coeherent manner the knowledge acquired during the Course, to apply critically the learned legal framework to specific cases and to master the legal lexicon.
M.R. Mauro, Diritto internazionale dell’economia. Teoria e prassi delle relazioni economiche internazionali, ESI, 2019 (Chapter I; Chapter II, except for paras. 10-12; Chapter III, except for paras. 8-11 and 14-15; Chapter IV; Chapter V; Chapter VI)