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Магистратура 2024/2025

Международное финансовое право

Направление: 40.04.01. Юриспруденция
Где читается: Факультет права
Когда читается: 1-й курс, 3 модуль
Формат изучения: без онлайн-курса
Охват аудитории: для всех кампусов НИУ ВШЭ
Прогр. обучения: Право международной торговли и разрешение споров
Язык: английский
Кредиты: 3

Course Syllabus

Abstract

International Financial Law and Institutions (IFLI) is a one-module course designed to provide an overview of fundamental principles and emerging policy concerns in the field of international finance regulation, as well as stimulate discussion on current events affecting the global financial system. This course aims to provide students with practical understanding of the international law of finance and functioning of international financial institutions. This will enable them to see the broad picture and apply their newly acquired knowledge to a wide range of legal and practical situations in the field of finance. The course also identifies some irregularities in the ways that domestic and international regulations treat differently specific kinds of financial activities. Students will also learn how to recognize and contextualize important financial trends. Pre-requisites Familiarity with Public International Law is presumed. No prior familiarity with international finance regulation is necessary.
Learning Objectives

Learning Objectives

  • The primary objectives of the course are to provide students with basic understanding on how the global financial system functions and how it is regulated, to suggest the necessary tools to navigate within the realm of international finance, and to prepare students to deal with different norms of international financial law in the rapidly changing environment.
Expected Learning Outcomes

Expected Learning Outcomes

  • be able 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), critically evaluate the relevant documents;
  • be able to search, analyse, and work with legally relevant information by using the juridical, comparative and other specific methods; be able to describe legal problems and situations in the field of IEL;
  • be able to formulate basic conceptual features of the international financial law, as well as understand the structure and mechanisms of international financial institutions;
  • demonstrate substantial knowledge of the fundamental principles, rules and regulatory framework of international finance;
  • identify the sources and hierarchy of the norms of international financial law;
  • demonstrate understanding and the ability to use specific terminology in the field of IFLI;
  • demonstrate knowledge of the history, purposes, governance, structure, and functions of major international financial institutions and their relationship with the member States;
  • demonstrate practical tools of research, analysis of the legal documentation and academic papers in the sphere of IFLI;
  • demonstrate substantial knowledge of recent developments and current challenges in this sphere and apply a critical approach to the analysis of the existing problems, engage in debates involving the subject-matters of the course.
Course Contents

Course Contents

  • Topic 1. Introduction to International Financial Law
  • Topic 2. International Monetary Law. Governance and Accountability
  • Topic 3. International Financial Architecture
  • Topic 4. Role of Non-State Actors in Transnational Financial Transactions and Architecture
  • Topic 5. International Financial Law and Development
  • Topic 6. Central Bank Digital Currencies (CBDCs)
  • Topic 7. International Financial System in the Age of Sanctions
  • Topic 8. Cryptocurrencies and Blockchain
Assessment Elements

Assessment Elements

  • non-blocking In-class participation
    Attendance, active participation and in-class discussion: Each 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/ judgement, podcast, etc. that are 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.
  • non-blocking Written assignment
    A take-away written assignment in the form of an academic essay or a case study (e.g., examination of a particular case of IMF financing or CBDC pilot project) should be related to the questions discussed within the course and need to refer to at least four-five readings. The research questions formulated by the students and the scope of the research will be discussed in advance with the course instructor.
  • non-blocking Final exam
    Form of the exam: written offline closed-book exam. Completion time: 2 academic hours (1 clock hour 20 minutes).
Interim Assessment

Interim Assessment

  • 2024/2025 3rd module
    0.4 * Final exam + 0.2 * In-class participation + 0.4 * Written assignment
Bibliography

Bibliography

Recommended Core Bibliography

  • International economic law, Lowenfeld, A. F., 2003

Recommended Additional Bibliography

  • Principles of international economic law, Herdegen, M., 2013

Authors

  • MARTYNOVA EKATERINA ALEKSANDROVNA
  • SMIRNOVA SVETLANA ANATOLEVNA