International trade law and wto rules

  • A.A. 2016/2017
  • CFU 8, 6(m), 4(m)
  • Ore 40, 40(m), 20(m)
  • Classe di laurea LM-52, LM-77(m), LM-52(m)
Giuseppe De Marinis / Professore a contratto
Prerequisiti

nothing more than those to be admitted to this Master degree

Obiettivi del corso

This course is meant to provide students, by means of theoretical and applied approach, with the understanding of the issues characterizing international trade law. It is composed of two modules: theory and applied. The course provides students with a specialized training on the main legal aspects of international trade relations, with particular regard to Application of international contracts and dispute settlement, customs and international transport law, the World Trade Organization (WTO) and to its rules.
At the end of the course students, through: a) the Module Theory will be able to understanding the UNIDROIT Principles of International Contracts and understand the difference between the most common contract law international trade, such as: purchase, agency and joint venture. b) the Module Applied will be developed competences linked to custom and transport law, international payments and international trade funds.

Programma del corso

Among the topics covered during the course, particular emphasis is placed on:
the origin and evolution of the international trading system; the drafting of contracts, legal aspects of the international contract negotiation; the most important types of international trade agreements; the discipline and customs formalities, international transport, with the INCOTERMS 2010 and the payment discipline in operations with foreign countries.


International trade law - Theory

Contracts, agreements and the principal clouses
Unidroit Principles 2010
Joint Venture
Reg. UE 17/06/2008
Letters of credits


International trade law - applied

. an Introduction to Export-Import Practice
. Why export and import? The benefits of international trade
. The need for a professional approach
. The risks of exporting and importing
. Cultural and language differences
. European Custom Law
. The new EU Custom Law
. Customs and Import & Export Procedures
. Case Study

THE WORLD TRADE ORGANISATION (WTO)
. History of the WTO and international trade
. WTO membership
. WTO-relevant rules and codes already in force
. Rules of origin
. Preferential and non-preferential origin
. The World Custom Organization (WCO)
. Anti- dumping, subsides and Countervailing Measures
. Understanding on Rules Governing the Settlement of Disputes
. Implementation of WTO Agreement and rulings in EU law

SPECIAL TRADE TERMS ON INTERNATIONAL SALES
.
. (Inconterms 2010 edition)
. Overview of Incoterms rules
. The revision process
. Useful definitions
. Role in sales/purchasing contracts
. Hoops, hurdles and contracts
. An American perspective
. Incoterm-by-Incoterm analysis
. Relation to payment term
. International payment System

INTERNATIONAL CONTRACT LAW:
. International contracts of sales and generai conditions
. Agency, Distributionship, Franchising and Occasional lntermediary Contracts

INTERNATIONAL TRANSPORTATION
. Sea trasportation
. Containerized and multimodal trasport
. Air trasport
. Road and rail trasport
. Cargo insurance
. Custom

Testi (A)dottati, (C)onsigliati
  • 1.  (C) a cura di Marco Tupponi, Autori Vari : G. De Marinis, A. Russo, L.Piccinino, Anna Montefinese, Eleonora Greppi Manuale di diritto Commerciale Internazionale Giappichelli Editore, Torino, 2014 » Pagine/Capitoli: cap. 4, 5, 6, 7, 8
  • 2.  (A) Clive M. Schmitthoff Schmitthoff's Export Trade - The Law and practice of international trade Sweet & Maxwell, London , 2012 » Pagine/Capitoli: the teacher during the lessons explane which parts shall be studied
Altre informazioni / materiali aggiuntivi

Attending students will not study the part on UNIDROIT PRINCIPLES and the chapter on international commercial dispute resolution on Schmitthoff (from page 497 to 619). Only attending students will take the exam by studying the material provided during the lessons.

Metodi didattici
  • The training approach of the course is characterized by a methodology that combines the traditional classes also exercises on case studies, simulations, and other educational activities specifically related to the practice of law and foreign trade tecnique and in particular the training and preparation of contracts, customs and international transport law.
Modalità di valutazione
  • an oral examination in english

Lingue, oltre all'italiano, che possono essere utilizzate per l'attività didattica

English

Lingue, oltre all'italiano, che si intende utilizzare per la valutazione

English