Fundamental Issues of International Economic Law

URL study guide

https://studiegids.vu.nl/en/courses/2024-2025/R_IntTIl6e

Course Objective

The course offers a critical exploration of some current and fundamental issues affecting three areas of International Economic Law: international trade, foreign investment protection, and international development. Under public international law, these areas can be considered as distinct regimes with their own sources, principles and institutions. Throughout their development, each regimes has revealed tensions in conciliating different aims, values and ideologies on economic development. The law both constitutes and reflects these tensions by oscillating between norm and exception, or inclusion and exclusion of those directly affected by the law. The course engages with these aspects by striking a balance between technical application and critical reflection about the law. In particular, by the end of the course participants should be able to: (1) Identify and describe the main legal sources of and the international organizations active in trade, foreign investment and international development; (2) Critically apply the fundamental principles of the World Trade Organization, as well as their general exceptions; (3) Critique the tensions between foreign investors’ main protection under public international law and the host states’ legitimate pursuit of other policy aims, such as the protection of human health and the environment; (4) Understand the contested nature and practice of environmental and social safeguards and related accountability mechanisms in development finance institutions, such as the World Bank; and (5) Evaluate the fundamental aspects that make international economic law promote development, but also challenge it, particularly in the context of current affairs and contested visions of development.

Course Content

Below is an indicative list of the topics covered throughout the course which can be subject to change. Introductory topics
• Mapping the field of International Economic Law and its institutions
• Introducing international trade, investment and development
• Sustainable development and sustainability International trade law
• An overview of the World Trade Organization and its legal sources
• An introduction to tariff and non-tariff barriers to trade
• The most-favoured nation and national treatment principles
• General and security exceptions International investment law
• The sources and structures of international investment law
• Investor-state dispute settlement
• Fair and equitable treatment
• International investment law and climate change International development (law)
• An overview of the International Bank for Reconstruction and Development (IBRD, as part of the World Bank Group)
• The Environmental and Social Framework of the World Bank
• The Inspection Panel of the World Bank as an accountability mechanism
• ‘Developing a Right to Development’

Teaching Methods

The course consists of introductory lectures, discussion-based seminars, group debates, and group work. Students are expected to study the assigned material in advance and prepare on questions and case scenarios.

Method of Assessment

Students will be evaluated through written or oral assignments (both group-based and individual) and a class participation component. Participation can include one or more of the following: presentations, engagement in class discussions and responding to questions.

Literature

Generally, the literature assigned will consist of primary materials,such as treaties, reports of the WTO Dispute Settlement Body,international investment arbitration awards, or internal policies of theWorld Bank, as well as secondary materials, such as textbooks, academicjournal articles or institutional reports. There will be also videos orpodcasts to consider for class discussions. The secondary material willvary across areas and approach -theoretical or more doctrinal
- to thetopics.

Target Audience

The course is available to all LLM students who are interested in a critical and practical engagement with the regulation international trade, investment and development. Previous knowledge of public internatinoal law is useful but not necessary.

Recommended background knowledge

Students are expected to have basic knowledge of public internationallaw.