國際經濟法總論(英文授課)
International Economic Law
| 節 | 週一 |
|---|---|
5 13:20–14:10 | 國際經濟法總論(英文授課) MB1069（光復） 3 節連堂 |
6 14:20–15:10 | |
7 15:30–16:20 |
* 根據陽明交大上課時間表所列
Description of the Course and the Objectives of the Course: Content of the Course 1. General Agreement on Tariff and Trade (GATT), 2. General Agreement on Trade in Services (GATS), 3. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 4. Important FTAs, 5. International Investment Law. Objectives: 1. Understanding the rules regulating the conduct of sovereign states in international economic relations. 2. Understanding the procedure of dispute settlement procedure in the WTO and other relevant institutions. 3. Understanding the mechanisms of international trade negotiations. Expected Outcomes: 1. Ability to identify the obligations of sovereign states in international economic relations. 2. Ability to participate in a moot court to develop and present legal arguments. 3. Ability to understand and draft position papers in international trade negotiations.
This course is for: Students who are interested in learning the rules of international trade and investment, regional economic integration, and international intellectual property law. The course is especially suitable for students who planned to study abroad after graduation. Background of the Students: No specific background required. Basic understanding of international public law is recommended. English Ability Requirements: The course is conducted in English. Students need to have ability to read English materials and are willing to participate in the class discussion in English.
無備註
Course information: Available on E3 platform. The requirements for student participating through internet classroom are the same as student participating through physical classrooms. The teaching method is a mixture of both lecturing by instructors and discussion between instructors and students on WTO jurisprudence and practices. Syllabus, course materials and notices of each week are available at e-3 website. Students may choose to pay the cost for obtaining hard copies. Many WTO documents are available at WTO website: www.wto.org Apart from most courses led by Professor Ni, some guest speakers will be invited.
Grading: The grading is based on the following criteria and ratio: 1. Performance in class: Comprising reports, moot court exercises, mock negotiations, and class participations. Oral discussion and class participation during the lecture as responding to questions raised by teachers would be strongly encouraged (account for 35%); 2. Term paper or Essay: Evaluation of a term paper will take into account the following criteria: the significance of the topic, soundness of structure and reference, analysis quality and original contribution to legal study (account for 65%) The expected outcome stipulated in above section will be evaluated based on students’ participation in class, the performance of moot court exercise, as well as the demonstration of the student's understanding in the term paper.
Institutional Issues
Course Introduction; Lecturing on the significance of studying international economic law; The Creation and Institutional Framework of the WTO; Regional Trade Development
- 講授：
- 13.5
Trade in Goods
The Legal Principles of WTO; Technical Barriers to Trade; Sanitary and Phytosanitary Measures; Trade Remedies: Antidumping, Safeguards, Subsidy
- 講授：
- 24
Trade in Services
General Agreement on Trade in Services: Nature of Services, Barriers to Trade in Services, Agreements, Financial Services, Telecommunications
- 講授：
- 6
Intellectual Property
Trade-Related Aspects of Intellectual Property Rights (TRIPS), Theories, International Frameworks, Obligations, Substantive Rights, Enforcement, Development
- 講授：
- 3
International Investment Law
Definition of Investment, Scope of the Investment Law, Fair and Equitable Treatment, Expropriation, Investor-State Dispute Settlement
- 講授：
- 3
Dispute Settlement and International Negotiations
The WTO Dispute Settlement Understanding (DSU), Institution, Procedure, Evidence
- 講授：
- 4.5
- 實作：
- 3
- 其他：
- 3
| 週次 | 主題 |
|---|---|
| 第 1 週 | Course Introduction; Lecturing on the significance of studying international economic law: Prof. KJ Ni 9/11 |
| 第 2 週 | The Creation and Institutional Framework of the WTO: Prof. KJ Ni 9/18 |
| 第 3 週 | The Legal Principles of WTO: Non-discrimination (Part I), Most-Favoured-Nation: Prof. KJ Ni 9/25 |
| 第 4 週 | The Legal Principles of WTO: Non-discrimination (Part II), National Treatment: Prof. KJ Ni 10/2 |
| 第 5 週 | Double Tenth Day 10/9 |
| 第 6 週 | Technical Barriers to Trade (TBT): Prof. KJ Ni 10/16 |
| 第 7 週 | Sanitary and Phytosanitary Measures (SPS): Prof. KJ Ni 10/23 |
| 第 8 週 | Trade Remedies (I)—Anti-dumping: Dr Huei-Ying Shiu 10/30 |
| 第 9 週 | Trade Remedies (II)—Subsidy: Dr Huei-Ying Shiu 11/6 |
| 第 10 週 | Trade Remedies (III)—Safeguards: Dr Huei-Ying Shiu 11/13 |
| 第 11 週 | Trade in Services (I): Dr Huei-Ying Shiu 11/20 |
| 第 12 週 | Trade in Services (II): Dr Huei-Ying Shiu 11/27 |
| 第 13 週 | Trade-Related Aspects of Intellectual Property Rights (TRIPS I): Prof. Tsai-Fang Chen 12/4 |
| 第 14 週 | Dispute Settlement & Moot Court Exercise (I): Prof. Tsai-Fang Chen 12/11 |
| 第 15 週 | Dispute Settlement & Moot Court Exercise (II): Prof. Tsai-Fang Chen 12/18 |
| 第 16 週 | General introduction to int’l investment law: Prof. Tsai-Fang Chen 12/25 |
| 第 17 週 | Holiday 1/1 |
| 第 18 週 | Term paper Briefing & Feedbacks 1/8 |
Textbooks: The lecture will be based on a text book written by Matsushita, Mitsuo et al, The World Trade Organization: Law, Practice, and Policy, Oxford: Oxford U.P. (2005). Normally, a particular agreement will be reviewed each week. Students, apart from reading the textbook, are required to review the text of each agreement prior to attending the course. All WTO agreements are collected in the book, The Results of the Uruguay Round of Multilateral Trade Negotiations--The Legal Texts, Cambridge: Cambridge U. P. (1999) and are also available at the WTO website: www.wto.org.
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