Магистратура
2024/2025
Тарифы и упрощение процедур торговли в международном торговом праве
Статус:
Курс по выбору (Право международной торговли и разрешение споров/Law of International Trade and Dispute Resolution)
Направление:
40.04.01. Юриспруденция
Кто читает:
Департамент международного права
Где читается:
Факультет права
Когда читается:
2-й курс, 1, 2 модуль
Формат изучения:
без онлайн-курса
Охват аудитории:
для всех кампусов НИУ ВШЭ
Преподаватели:
Таланов Владимир Владимирович
Прогр. обучения:
Право международной торговли и разрешение споров
Язык:
английский
Кредиты:
6
Course Syllabus
Abstract
The course “Tariffs and Trade Facilitation in International Trade Law” covers the main international trade disciplines on market access and addresses the most fundamental border measures applied in international trade. The course covers the frequently used border regulatory instruments, such as tariffs, tariff classification, renegotiation of tariff bindings, tariff rate quotas, customs valuation, quantitative restrictions and the other like measures. It also addresses the peculiarities of the WTO rules regulating these matters for industrial and agricultural products and services. The course is tailored to permit students acquire practical skills of reading, applying and interpreting the WTO Schedules of Concessions and Schedules of Specific Commitments, and will also provide an overview of the Trade Facilitation Agreement and its toolkit to improve the customs clearance procedures. The course requires the students to have basic knowledge of international law and WTO law, sufficient level of English (to read legal sources, write essays and participate in class discussions), as well as other skills acquired during their studies at the university. Additional background in administrative law, private international law is welcome, although not mandatory for the course.
Learning Objectives
- The course develops the skills of students to interpret and apply the WTO Schedules of Concessions and Schedules of Specific Commitments, interpret and apply the findings of the WTO Dispute Settlement Body on the issues of market access and provides an understanding of WTO rules on border measures. It fosters knowledge and skills necessary for practice in international trade turnover and domestic litigation on the matters of cross-border trade, skills useful in international trade negotiations and policymaking. Following the completion of the course, students shall obtain the following skills and knowledge: understanding of the disciplines on border measures enshrined in the WTO agreements, understanding of the scope of the relevant international trade rules and the domestic approaches in their application; ability to apply the rules of the WTO Agreements and plead cases based on WTO rules; ability to provide reasoned and concise legal advice on the given cases; ability to deal with constructed moot situations and cases, develop solutions.
Expected Learning Outcomes
- ability to search, analyse, and work with legally relevant information by using the juridical, comparative and other specific methods,
- ability to work with information (search, evaluate, use information, necessary for fulfilment of academic and professional tasks, from various sources, including application of the systematic approach);
- ability to carry out professional activities in the international environment;
- ability to interpret and apply the WTO Schedules of Concessions and Schedules of Specific Commitments
- ability to interpret and apply the findings of the WTO Dispute Settlement Body on the issues of market access
- practical abilities of research, analysis of the WTO and WCO legal documentation and academic papers
Course Contents
- Subject 1. Economic Effects of Border Measures
- Subject 2. Tariffs and the goods tariff concessions in the WTO
- Subject 3. Quantitative restrictions
- Subject 4. Agricultural market access and tariffication
- Subject 5. Market access commitments in the field of services trade
- Subject 6. Reading and applying the Schedules (tutorial)
- Subject 7. WTO Trade Facilitation Agreement
Assessment Elements
- Active participation, in-class discussionEach student is expected to attend all the sessions having go through and thought about the assigned material, including the questions and any problems in the text/ judgment assigned, and actively participate in class discussions, ask questions and make analytical comments about the assignments. Sessions will be structured as a mix of lectures, seminars, and participative workshops in order to stimulate class discussion: the participants are expected to cover the assigned materials in advance for each class and prepare position papers and presentations on identified matters.
- Written assessmentThe written assessment takes form a resolution of a practical case, based on the material covered in class and during self-study. The written assessment is open book, students could use any materials and devices they consider appropriate. The duration of the assessment is 45 minutes. The written assessment may be also held remotely through Zoom and LMS platforms, with students uploading their assessment papers to LMS Projects.
- Written examThe written exam takes form of a resolution of two practical cases based on the course material. Students need to demonstrate the knowledge of WTO law and jurisprudence, as well as demonstrate the skills of argumentation. The written exam is open book, students could use any materials and devices they consider appropriate. The duration of the assessment is 90 minutes. The written exam may be also held remotely through Zoom and LMS platforms, with students uploading their exam papers to LMS Projects.
Interim Assessment
- 2024/2025 2nd module0.2 * Active participation, in-class discussion + 0.2 * Written assessment + 0.6 * Written exam
Bibliography
Recommended Core Bibliography
- Bagwell, K., & Sykes, A. O. (2005). Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products. World Trade Review ; Volume 4, Issue S1, Page 133-157 ; ISSN 1474-7456 1475-3138. https://doi.org/10.1017/s1474745605001278
- Wauters, J.-M., & Vandenbussche, H. (2011). China – Measures Affecting Imports of Automobile Parts. Cambridge University Press. https://doi.org/10.1017/cbo9781139107204.009
Recommended Additional Bibliography
- Bernard Hoekman. (2014). The Bali Trade Facilitation Agreement and Rulemaking in the WTO: Milestone, Mistake or Mirage? RSCAS Working Papers.
- Jane Korinek, & Jeonghoi Kim. (2010). Export Restrictions on Strategic Raw Materials and Their Impact on Trade. OECD Trade Policy Papers. https://doi.org/10.1787/5kmh8pk441g8-en