Магистратура
2024/2025
Субсидии и меры государственной поддержки 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:
1-й курс, 4 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:
3
Course Syllabus
Abstract
The course aims at developing comprehensive understanding of international rules on subsidies and state support in light of the developing jurisprudence of the WTO Dispute Settlement Body. The course examines the key provisions of the GATT, the Agreement on Subsidies and Countervailing measures and the Agreement on Agriculture, and covers a number of conceptual problems that have arisen in the application of these agreements in their interplay. Particular attention is paid to the regional rules on subsidies and state support instruments of the Eurasian Economic Union. The course also discusses the future developments of the global and regional rules on subsidies and the possible regulatory changes. Following the successful completion of the course, students are expected to acquire the understanding of the relevant legal provisions and the case law and develop the capacities to apply those in resolving practical cases in the field of state support instruments and subsidies.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 rules on subsidies and state aid, interpret and apply the findings of the WTO Dispute Settlement Body on the issues of subsidies and state support. It fosters knowledge and skills necessary for practice in international trade, development of state support instruments in compliance with the international rules in force, 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 subsidies and countervailing measures enshrined in the WTO agreements; 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
- Students must gain knowledge on regulation of subsidies and countervailing measures under the current international trade rules.
- Students must gain knowledge on specific conceptual problems of interpreting the WTO rules on subsidies in the WTO Agreement on Subsidies and Countervailing Measures.
- Students must gain knowledge on regulatory approaches to subsidies developed in the field of agriculture and in fisheries, as well as the mechanism of imposition and functioning of the countervailing duties.
- Students must gain knowledge on key positions of the WTO Dispute Settlement Body on the matters of subsidies and state aid.
- Students must gain knowledge on challenges and problems of the modern international regulation on subsidies and state aid.
- To use specific terms and sources of the international economic law on subsidies and countervailing duties.
- Ability to interpret and apply the findings of the WTO Dispute Settlement Body on subsidies and countervailing duties;
- Ability to assess the development of international trade rules on subsidies and countervailing measures;
- Practical abilities of research, analysis of the WTO legal documentation and academic papers;
- Skills to analyse and solve cases and controversies, preparing legal argumentation and procedural and analytical documents in the sphere of international rules on subsidies and countervailing measures.
- Students should gain the following competences: 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 and bility to search, analyse, and work with legally relevant information by using the juridical, comparative and other specific methods.
Course Contents
- Fundamentals of subsidies regulation
- Subsidies defined
- Categories of subsidies and their challenge
- Actionable subsidies
- Countervailing duties
- State support in agriculture
- Agreement on Fisheries Subsidies
Assessment Elements
- WTO case law testThe WTO case law test takes form of a test of 10 multiple choice questions with at least 4 answer options for each. The test is aimed at checking the student’s knowledge and understanding of the positions of the Dispute Settlement Body on the issues of subsidies and countervailing duties. Return to the previous questions of the test and changing the answers is not possible. The WTO case law test is closed book; students could not use any materials. The duration of the test is 20 minutes.
- Written examThe written exam takes form of a resolution of a practical case based on the material covered in class and during self-study. Students need to demonstrate the knowledge of the relevant rules and jurisprudence, as well as demonstrate the skills of argumentation. The exam is open book; students could not use any materials or devices. The duration of the exam is 60 minutes.
- 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. For active work in class (resolving problems, participating in discussions) and demonstrating due preparation for the classes, positively assessed by the tutor, a student can receive up to 10 points for all seminars preceding the exam in total. In case of insufficient student activity in seminars, the student accordingly receives 0 points. If a student is absent at more than 20% of classes, 0 points are awarded for in-class participation. The in-class participation grade received by the student is announced to him at the last tutorial and is taken into account in the calculation the resulting and final grade for the discipline.
Interim Assessment
- 2024/2025 4th module0.2 * Active participation, in-class discussion + 0.2 * WTO case law test + 0.6 * Written exam
