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年度 2017 開講期 前期 曜日 火曜日 時限 3 単位 2 コード 306
授業科目 国際経済法
専攻 国際協力専攻
プログラム ガバナンスと法プログラム
教員 石川
目的・概要

Overview of the course

This course provides an examination of the law of the World Trade Organization (WTO) and the law on foreign investment.  It first provides a brief introduction to the history and evolution of the legal framework for trade liberalization and investment protection.  It then proceeds to examine WTO law, focusing primarily on the WTO Agreement on Goods (GATT) and on the WTO Dispute Settlement Understanding (DSU), while a brief overview of topics such as the General Agreement on Services (GATS) and financial services in the GATS as well as intellectual property under the WTO will also be provided.  The latter half of this course deals with investment law, focusing on selected substantive obligations for investment protection and investment arbitration as a means of procedural protection for foreign investment. The course concludes by examining the developing trends towards regionalism demonstrated by the ongoing negotiations of mega Free Trade Agreements such as the Trans-Pacific Strategic Economic Partnership Agreement, Transatlantic Trade and Investment Partnership and Regional Comprehensive Economic Partnership.

Aim of the course

The aim of this course is for students to obtain both the knowledge of international trade and investment law – including a critical mass of case-law – and the skills which will enable them to analyze to what extent regulatory measures that have impact on international trade and/or foreign investment are consistent with these laws.  It also provides the basis for the analysis of issues of controversy such as the points of divergence and convergence between WTO law and the law on foreign investment, and the role of these fields of law in the global legal order. 


計画

Tentative Schedule

  1. Introduction to WTO law and the Law on Foreign Investment: common roots, diverging evolutions

Part I: WTO Law

  1. Structure of the WTO: membership, institutional structure and decision-making
  2. Dispute Settlement (1): jurisdiction of the WTO dispute settlement system, key features of WTO dispute settlement
  3. Dispute Settlement (2): institutions and process of WTO dispute settlement, remedies for breach
  4. Rules on Trade in Goods (1): market access - scheduling concessions in the GATT
  5. Rules on Trade in Goods (2): The principle of non-discrimination (the most-favoured-nation (MFN) treatment and national treatment (NT)) and General Exceptions
  6. Rules on Trade in Goods (3): the SPS Agreement, the TBT Agreement, Subsidies and Countervailing Measures, Safeguard, Anti-dumping
  7. Rules on Trade in Services (Scheduling Concessions and Financial Services Liberalization) and TRIPS

Part II: The Law on Foreign Investment

  1. Structure of International Investment Agreements (IIAs) – Substantive and Procedural Protection of Foreign Investment and Japan’s Investment Treaty Practice
  2. Substantive Obligations in IIAs (1): Concepts of ‘Investment’, National Treatment and Most-Favoured-Nation Treatment Obligations, Transfer of Capital
  3. Substantive Obligations in IIAs (2): Fair and Equitable Standard of Treatment, Full Protection and Security, ‘Umbrella Clause’
  4. Substantive Obligations in IIAs (3): Expropriation and Exceptions to Substantive Obligations – Balancing Competing Interests in IIAs
  5. Investment Arbitration (1): Overview of Investment Arbitration – ICSID, UNCITRAL and Other Arbitration Rules and Conditions to Establish Jurisdiction
  6. Investment Arbitration (2): Some Interpretative Issues of IIAs and Remedies in Investment Arbitration
  7. Concluding Remarks: developing trends in international trade and investment law: perspectives on regional Free Trade Agreements/Economic Partnership Agreements

 


テキスト・参考文献など

Textbooks

Peter Van den Bossche and Werner Zdouc, The Law and Policy of the World Trade Organization (3rd ed., Cambridge University Press, 2013)

Rudolf Dolzer and Christoph Schreuer, Principles of International Investment Law (2nd ed., Oxford University Press, 2012)

References

Mitsuo Matsushita, Thomas J. Schoembaum and Petros C. Mavroidis, The World Trade Organization: Law, Practice, and Policy (2nd ed., Oxford University Press, 2006)

Zachary Douglas, Joost Pauwelyn and Jorge E. Viñuales, The Foundations of International Investment Law: Bringing Theory into Practice (Oxford University Press, 2014)

Additional reading materials will be provided for each session.  E.g. For Session 1, N. DiMascio and J. Pauwelyn, “Nondiscrimination in Trade and Investment Treaties: Worlds Apart or Two Sides of the Same Coin?” 102 Am. J. Int’l L. (2008) pp. 48-89.


成績評価

Participation & Contribution: 30%, Assignment and Term Paper: 70%


授業での使用言語・その他

Language: English

Easier to understand if participants have already studied international law.

Contact by sending an email to: ishikawa@gsid.nagoya-u.ac.jp