K2SP 3150 - International Economic Law

This course will provide students an overview of the legal aspects of the liberalization and regulation of international economic transactions. It will start with an introduction on the main sources and actors of international economic law as well as the political and economic aspects underpinning this field. The course will then be dedicated to the study of trade disciplines (within the WTO and in the framework of preferential trade agreements) and legal aspects of foreign investment. Emphasis will be placed on common principles (non-discrimination, transparency, etc.) and on the link with non-economic issues (protection of environment and health, national security and public order, etc.). Special attention will be paid to adjudication mechanisms such as the WTO dispute settlement mechanism and investor/State arbitration. The effects of the Covid-19 crisis on international economic law will also be addressed, especially in reflection papers and discussions.
Emanuel CASTELLARIN
Cours magistral seul
English
1) Readings - Required readings are available online or at Sciences Po library. Before each class, please also refer to the relevant chapters of M. Herdegen, Principles of International Economic Law, Oxford, Oxford University Press, 2nd ed., 2016. - The course will mix lecture, discussion and debate. Required readings do not necessarily (and most of the time will not) cover all the topics that will be discussed in every class. Rather, they usually focus on specific issues deserving special attention. Reading assignments can be adjusted with prior notice. - Likewise, required readings are not necessarily related to the topics of refection papers. The preparation of refection papers thus requires for students to carry out additional research. 2) Papers -Rules concerning reflection papers (papers not complying with these requirements will not be accepted) o Length -Reflection paper: 4 pages max (without the bibliography) -Format  Font: Times New Roman, 12 pt, single-space  2.5 cm margins -Use footnotes (10 pt, single-space) (no endnotes or references inserted in the text) o Insert a short selected bibliography (≈ 10 references max.) o Content: although no specific structure is expected, papers are expected to:  Briefly outline the current situation, i. e. positive law (law as it is now) and existing proposals  Identify core issues and problems: under what standards should the current situation be assessed  Weigh pros and cons of existing rules and possible evolutions  Give a personal opinion based on objective facts o Submission: all papers must be sent to emanuel.castellarin@sciencespo.fr before class 3) Rules concerning oral presentations o Duration of oral presentations: 30 minutes maximum + 10 minutes of Q&A o A slideshow can accompany your presentation. o Oral presentations should encourage and stimulate student participation.
None but some background in international law is helpful.
Autumn 2021-2022
Final grades will be based on:
50%: One 4-page reflection paper
50%: One 30-minute collective oral presentation (groups of three students)

Please note:
Participation can raise a student's grade up to 3/20
Evidence of plagiarism or any form of cheating in a paper will result in a failing grade and further disciplinary action.
The course will mix lecture, discussion and debate.
J. Bonnitcha et al., The Political Economy of the Investment Treaty Regime, Oxford, Oxford University Press, 2017
D. Collins, An Introduction to International Investment Law, Cambridge, Cambridge University Press, 2017 (http://catalogue.sciencespo.fr/ark:/46513/sc0001293509)
T. Cottier, Elgar Encyclopedia of International Economic Law, Cheltenham, Edward Elgar, 2017
M. Herdegen, Principles of International Economic Law, Oxford, Oxford University Press, 2nd edition 2016
F. Lachenmann & R. Wolfrum (eds), International Economic Law – The Max Planck Encyclopedia of Public International Law, Oxford, Oxford University Press, 2015