41063008-- International Economic Law

Course Title:    International Economic Law

Course Code

41063008

Semester

Spring

Teaching Hours

48

Credits

3

Prerequisites

International law

Instructor Information

Name

Sumei Yu

Email

maviszlj@sina.com

Institute

Department of International Economic Law, Law School

Applicable Object

international postgraduate students

Course Objectives

This course intends to provide international postgraduate students with fundamental knowledge about international economic law. In addition, students will learn about some basic skills and methods to help them make further study in this field.

Specifically, this course will enable students to:

-apply basic concepts and laws or rules to analyze and deal with key legal issues;

-think strategically about and deal professionally with important legal matters such as the drafting of the contract or other legal documents, or figure out best & effective solutions for their principals;

-describe & understand the present status of international economic law and predict its tendency for development in the future;

-use a variety of special skills independently to discover new legal issues in practice and make ongoing & further study on related subjects.

Course Description

(200 words)

As a mandatory and survey course for international students, this course covers a wide range of legal issues that lawyers or other professionals who are engaged in foreign trade or other relevant foreign economic affairs will face or feel confused in practice.

It mainly consists of five parts. The first part is theoretical analysis of the concept, subjects, sources and principles of international economic law; the second part is about law on foreign direct investment, covering not only domestic foreign investment laws but also treaties or conventions in this regard, particularly introducing and analyzing the most controversial issues in the field of international investment law. In this part, some cases will be discussed; the third part is concerned with trade regulation and introduction about WTO legal system, more details about the fundamental principles in relation to GATT1994, the multilateral rules on fighting against unfair competition, as well as WTO disputes settlement will be discussed, legal issues on international commercial transaction will be mentioned if time allows; the fourth part is in relation to international monetary and financial law, in addition to the brief introduction about the international financial law system, the historical development of the international monetary system is intended to be examined in more detail; the fifth and the last part is related to legal issues on international taxation.

Assessment Methods

The grades will not rise or fall entirely on a final exam. The total grades are composed by three parts: class attendance (10%), PPT presentation(40%), and final course paper(50%). The attendance in class counts towards the total grade 10%. Students will be arranged to make PPT presentation within 20 minutes in the last week of the course, the performance in PPT presentation accounts for 40% of the total score. A final term paper with no less than 5 pages in length is required to submitted by the end of the course.

Textbooks and References

Required textbook:

Jianming Sheng, International Economic Law, Beijing: University of International Business and Economics Press, 2017.

Other referential books:

Yonghong Han, International Trade Law, Beijing: University of International Business and Economics Press, 2008.

Fabai Sun, WTO & International Economic Law, Beijing: University of International Business and Economics Press, 2008.

Andreas F. Lowenfeld, International Economic Law, 2nd ed., Oxford University Press, 2008.

Course planning

Chapter 1

Introduction to the course outline, providing students with the syllabus and the reading material to read for the 2nd time.

Chapter 2

Topic1: Concept and characteristics of IEL

Topic2: Sources & system of IEL

Chapter 3

Topic1: Major subjects of IEL                                                 

Topic2: Principles, challenges and reformations

Chapter 4

Topic1: Concept & sources of International Investment Law (IIL)

Topic2: Major legal problems in IIL

Chapter 5

Topic1: Discrepancies in treatment standards

Topic2: Legal issues on expropriation and nationalization

Chapter 6

Topic1: Legal nature and legal effect of concession agreements

Topic2: How investment disputes solved

Chapter 7

Topic1: FDI regulation and protection

Topic2: Introduction to Chinese laws on FDI

Chapter 8

Topic1: Political risks faced by overseas investment

Topic2: Domestic insurance of overseas investment

Chapter 9

Topic1: Bilateral Investment Treaties & Regional Free Trade Agreements

Topic2: Multilateral agreements on international investment

Chapter 10

Topic1: Introduction to GATT/WTO Multilateral Trade System

Topic2: The WTO dispute settlement mechanism

Chapter 11

Topic1: Introduction to international monetary and financial law

Topic2: Introduction of international tax law

Chapter 12

Topic1: PPT presentation by students

Topic2: comments and summary of the course