INTERNATIONAL TRADE AND PRIVATE INTERNATIONAL LAW

Detailed Course Content

• The WTO Legal System

  Organizational and legal structure of the World Trade Organization. The WTO and domestic legal systems. Regional integration agreements. The basic legal principles: non-discrimination (Most-Favoured-Nation Treatment and National Treatment), reciprocity and related general exceptions. Basic features of: Trade in goods, Non-tariff barriers to trade, Anti-dumping and subsidies, General Agreement on Trade in Services (G.A.T.S.), and Trade-Related Aspects of Intellectual Property Rights (TRIPs). Settlement of disputes. New issues and new perspectives in WTO system.

• The WTO Legal System

  Organizational and legal structure of the World Trade Organization. The WTO and domestic legal systems. Regional integration agreements. The basic legal principles: non-discrimination (Most-Favoured-Nation Treatment and National Treatment), reciprocity and related general exceptions. Basic features of: Trade in goods, Non-tariff barriers to trade, Anti-dumping and subsidies, General Agreement on Trade in Services (G.A.T.S.), and Trade-Related Aspects of Intellectual Property Rights (TRIPs). Settlement of disputes. New issues and new perspectives in WTO system.

• Conflict of Jurisdictions and Conflict of Laws: General Issues

  The basic problems underlying conflict of jurisdictions and conflict of laws. Sources of Procedural and Private International Law. Conflict of Jurisdictions: jurisdiction in “transnational” cases, recognition and enforcement of foreign judgments (Italian Law no. 218 of 31 May 1995; EU Regulation no. 1215/2012); international commercial arbitration (New York Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards). Conflict of Laws – General Issues: structure and purpose of choice-of-law rules; connecting factors and their possible combinations; characterization; preliminary questions; renvoi; knowledge, interpretation and application of foreign law; non-unified foreign legal systems; public policy (“ordre public”); mandatory rules; the principle of reciprocity.

• Conflict of Jurisdictions and Conflict of Laws: General Issues

  The basic problems underlying conflict of jurisdictions and conflict of laws. Sources of Procedural and Private International Law. Conflict of Jurisdictions: jurisdiction in “transnational” cases, recognition and enforcement of foreign judgments (Italian Law no. 218 of 31 May 1995; EU Regulation no. 1215/2012); international commercial arbitration (New York Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards). Conflict of Laws – General Issues: structure and purpose of choice-of-law rules; connecting factors and their possible combinations; characterization; preliminary questions; renvoi; knowledge, interpretation and application of foreign law; non-unified foreign legal systems; public policy (“ordre public”); mandatory rules; the principle of reciprocity.

Textbook Information

• The WTO Legal System

  1) STOLL P.-T., SCHORKOPF F., WTO – World Economic Order, World Trade Law, Leiden, 2006, pp. 11-205, 229-241; 2) MATSHUSHITA M., SCHOENBAUM Th. J., MAVROIDIS P. C., The World Trade Organization. Law, Practice and Policy, Oxford, 2006, pp. 547-581.

• The WTO Legal System

  1) STOLL P.-T., SCHORKOPF F., WTO – World Economic Order, World Trade Law, Leiden, 2006, pp. 11-205, 229-241; 2) MATSHUSHITA M., SCHOENBAUM Th. J., MAVROIDIS P. C., The World Trade Organization. Law, Practice and Policy, Oxford, 2006, pp. 547-581.

• Conflict of Jurisdictions and Conflict of Laws: General Issues

  1) MENGOZZI P., Private International Law - Italy, in International Encyclopaedia of Laws, The Hague, 2005, pp. 33-104; 2) BRIGGS A., The Conflict of Laws, 3rd ed., Oxford, 2013, pp. 55-110, 138-163; 3) STELÉ D., CERINA P., The New Italian Conflict-of-Laws: The Law N° 218 of May 31, 1995, in International Business Law Journal, 1996, 1, pp. 11-14, 20-27; 4) GAILLARD E., SAVAGE J. (eds.), Fouchard, Gaillard, Goldman on International Commercial Arbitration, The Hague-Boston-London, 1999, pp. 966-1001.

• Conflict of Jurisdictions and Conflict of Laws: General Issues

  1) MENGOZZI P., Private International Law - Italy, in International Encyclopaedia of Laws, The Hague, 2005, pp. 33-104; 2) BRIGGS A., The Conflict of Laws, 3rd ed., Oxford, 2013, pp. 55-110, 138-163; 3) STELÉ D., CERINA P., The New Italian Conflict-of-Laws: The Law N° 218 of May 31, 1995, in International Business Law Journal, 1996, 1, pp. 11-14, 20-27; 4) GAILLARD E., SAVAGE J. (eds.), Fouchard, Gaillard, Goldman on International Commercial Arbitration, The Hague-Boston-London, 1999, pp. 966-1001.