2025/2026
Право и практика Всемирной торговой организации
Статус:
Маго-лего
Кто читает:
Департамент международного права
Где читается:
Факультет права
Когда читается:
1, 2 модуль
Охват аудитории:
для своего кампуса
Преподаватели:
Боклан Дарья Сергеевна
Язык:
английский
Кредиты:
6
Контактные часы:
40
Course Syllabus
Abstract
The Law and Jurisprudence of the World Trade Organization is a compulsory course to be taught on-line in English. A good command of legal English is required. The course aims to familiarize the students with the main trends in development of contemporary trade law and law of the WTO, specifics of trade regulation in international trade system, and the main rules on resoling trade disputes in the WTO dispute settlement mechanism. The course will also analyze the WTO covered agreements, jurisprudence of the WTO Dispute Settlement Body, and their interrelation with the regional trade agreements. Thus, the course will include elements of general international law, international trade law and law of the integration organizations. It is, therefore, desirable, that the students have already studied the course of “General international Law”. The target audience is both students of the Faculty of Law of the HSE and foreign students. The course is taught in English.
Learning Objectives
- Main purpose of the course is to make students able to use norms of law of the World Trade Organization (WTO), make legal research and solve cases in this field. The course’s objectives are numerous but its main purpose is to provide students with the necessary tools to understand and analyze the nature, role and effects of the WTO law, regulation, proceedings and decision-making. To that end, the first sessions will lay the necessary grounds, that is, introduce historical aspects of the establishment of the WTO, emergence of the WTO law, its general principles, main actors and an overview of general institutional design. After the necessary introductory sessions, we will look at the production and implementation of the WTO law; the WTO institutions; general access to the WTO dispute settlement system; WTO membership and decision-making; institutional structure of the WTO. Largely, half of the course is dedicated to WTO law and regulation of various trade aspects, such as trade in goods, trade in services, non-tariff barriers and trade related aspects of intellectual property rights.
Expected Learning Outcomes
- Knowledge and understanding: demonstrate general knowledge and understanding of basic notions of WTO institutions and WTO law; demonstrate extensive knowledge and understanding of WTO principles of trade in goods, trade in services, non-tariff barriers and trade related aspects of intellectual property rights, etc.
- Skills and abilities: demonstrate the ability to find, select and evaluate WTO law, as well as WTO case law; demonstrate a solid understanding of the WTO decision-making process, in particular in the WTO dispute settlement mechanism;
- Students should gain the following competences: ability to work with information (search, evaluate, use information, necessary for fulfillment of scientific and professional tasks, from various sources, including application of the systematic approach); ability to carry out professional activities in WTO and international setting; ability to search, analyze, and work with legally relevant information by using the juridical, comparative and other specific methods;
Course Contents
- Legal status of the WTO
- The Law of the WTO and its sources
- WTO dispute settlement
- Most-favoured-nation treatment (MFN) and national treatment (NT)
- General and security exceptions
- Sanitary and phytosanitary measures and technical barriers to trade.
- Trade in services
- Intellectual property rights
Assessment Elements
- Written assignment
- Attendance, active participation: in-class discussion and in-class presentationThis assessment component includes a 10-minute in-class presentation during one of the classes that serves to help steering the discussion of the relevant topic. Tentative topics per each session are presented further in the syllabus.
Interim Assessment
- 2025/2026 2nd module0.5 * Attendance, active participation: in-class discussion and in-class presentation + 0.5 * Written assignment
Bibliography
Recommended Core Bibliography
- A digest of WTO jurisprudence on public international law concepts and principles, Cook, G., 2015
- Alberto do Amaral Júnior, Luciana Maria de Oliveira Sá Pires, & Cristiane Lucena Carneiro. (2019). The WTO Dispute Settlement Mechanism : A Developing Country Perspective. Springer.
- Maggio, A. R. (2017). Environmental Policy, Non-Product Related Process and Production Methods and the Law of the World Trade Organization. Cham, Switzerland: Springer. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1612433
- Rasoulinezhad, E. (2018). A new evidence from the effects of Russia’s WTO accession on its foreign trade. Eurasian Economic Review, 8(1), 73–92. https://doi.org/10.1007/s40822-017-0081-1
- Richard Baldwin. (2016). The World Trade Organization and the Future of Multilateralism. Journal of Economic Perspectives, 1, 95. https://doi.org/10.1257/jep.30.1.95
- World Trade Organization, (DE-588)2145784-0, (DE-576)19521952X. (2013). WTO dispute settlement [Elektronische Ressource] : one-page case summaries (1995-2012) / World Trade Organization. Geneva: WTO. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edswao&AN=edswao.443062471
- Yildirim, A. B., Poletti, A., Chatagnier, J. T., & De Bièvre, D. (2018). The Globalization of Production and the Politics of Dispute Initiation at the World Trade Organization. Global Policy, 9, 38–48. https://doi.org/10.1111/1758-5899.12615
Recommended Additional Bibliography
- Climate border adjustments and WTO law : extending the EU emissions trading system to imported goods and services, Will, U., 2018
- World Trade Organization agreements : the legal framework of WTO, , 2017