| CODE | ECL5104 | ||||||||
| TITLE | EU and International Trade Law and Policy | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | European and Comparative Law | ||||||||
| DESCRIPTION | This study-unit will provide students with an overview of the EU鈥檚 trade policy with particular reference to the external relations law, the common commercial policy and the use of trade defence instruments. The relevant judgments of the European Court of Justice will provide added understanding of the evolution and application of the EU鈥檚 common commercial policy. Another aim of this study-unit is to conduct a comparative analysis between WTO law and EU law. This will enable the students to effectively conduct a comparative exercise between the WTO law and EU law in specific areas, such as the issue of non-discrimination and trade defence instruments. Particular focus will be dedicated to the following themes: 鈥� The EU鈥檚 common commercial policy and the rules based international trading system under the auspices of the World Trade Organisation; 鈥� An overview of the WTO, sources of WTO law, WTO law and domestic law; 鈥� International Trade Agreements: The GATT, GATS, EU Trade agreements and the negotiation and conclusion of agreements in the EU; 鈥� WTO law and EU law on trade defence instruments; 鈥� WTO law and EU law on Trade and Development (Economic Partnership Agreements/General System of Preferences); 鈥� Multilateral and bilateral international trade dispute settlement. Study-Unit Aims: This study-unit aims to help students learn about the evolution of EU trade policy and international trade policy, including the pertinent EU institutions involved in trade policy and the World Trade Organisation. It also aims to introduce the students to analyse, compare and contrast EU trade policy and international trade policy, including the negotiation of international trade agreements. The ultimate scope is to equip students to give professional advice as well as to move into related spheres of work, including public institutions/entities on the instruments of the common commercial policy and the WTO鈥檚 multilateral agreements, while also undertaking further advanced academic work. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - the EU's trade policy instruments and to analyse the competences of the European Union and of the Member States, as well as the Common Commercial Policy and its scope; - how the EU conducts the process of the negotiation and conclusion of international agreements; - the WTO and its multilateral agreements, namely GATT, GATS; - multilateral and bilateral international trade dispute settlement instruments. 2. Skills: By the end of the study-unit the student will be able to: - provide legal advice and representation to government and other public institutions/entities on the instruments of the common commercial policy and the WTO鈥檚 multilateral agreements; - open opportunities for the student to be considered for a post within the EU institutions or the WTO. Main Text/s and any supplementary readings: Main Texts: EU legislation - Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 4 October 2006 鈥淕lobal Europe: Competing in the world鈥�, COM (2006) 567 final- Council Regulation 260/2009 on the common rules for imports [2009] OJ L84/1. - European Commission, Communication from the Commission 鈥� Europe 2020: A strategy for smart, sustainable and inclusive growth, Brussels 3 March 2010, COM (2010) 2020 final. - Regulation (EU) No 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union. - Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (codification). - Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union鈥檚 rights under international trade rules, in particular those established under the auspices of the World Trade Organization (codification). - Regulation (EU) No 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (codification). - Regulation (EU) No 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (codification). - Regulation (EU) No. 978/2012 applying a scheme of generalised tariff preferences. - Treaty on the European Union. - Treaty on the Functioning of the European Union. - Trade for all 鈥� Towards a more responsible trade and investment policy, European Commission, 2015. WTO legislation - General Agreement on Trade and Tariffs. - General Agreements on Trade in 福利在线免费. - Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. - Agreement on Subsidies and Countervailing Measures. - Understanding on Rules and Procedures Governing the Settlement of Disputes. Textbooks - Barnard Catherine, The substantive law of the EU 鈥� the Four Freedoms, Oxford University Press, Third Edition, 2010. - P. Craig & G. De Burca EU Law: Text, Cases and Materials, 7th ed., Oxford University Press, 2020. - Eackhout Piet, EU External Relations Law, Second Edition, Oxford University Press, 2012. - Leal-Arcas Rafael, EU Trade Law, Elgar European Law Series, 2019. - Jackson J., The Jurisprudence of GATT and the WTO, Cambridge 2000. - Matsushita Mitsuo, Schoenbaum Thomas & Mavroidis Petros, The World Trade Organisation. - Law, Practice and Policy, Third Edition, Oxford University Press, 2017. - Van den Bossche Peter, The Law and Policy of the World Trade Organisation, Text, Cases and Materials, Third Edition, Cambridge University Press, 2013. - World Trade Organisation, The Legal Texts: The results of the Uruguay Round of Multilateral Trade negotiations, First Edition, Cambridge University Press, 2002. Journals - Official Journal of the European Communities (OJ) - European Court Reports - Common Market Law Reports - Common Market Law Review - European Law Review - Journal of World Trade - Journal of International Economic Law |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Joseph Bugeja |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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