INTERNATIONAL TRADE LAW AND FOREIGN INVESTMENTS B

General Module

Course Sheet

Course code:

000385L B

Academic Year of enrolment:

2022

Year of supply:

2022/2023

Type of Course:

Characterising

Degree:

Course of 2nd Cycle Degree in LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION

Disciplinary Sector:

International Law

Is part of:

INTERNATIONAL TRADE LAW AND FOREIGN INVESTMENTS

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

FRANCESCHELLI FERDINANDO

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

Prerequisites:
Knowledge of international law is highly recommended.

Objectives

Learning Objectives:
The course aims at the knowledge of the international discipline on foreign investment and of the tools offered by the Italian legal order to promote the internationalization of the Italian enterprises.

Expected learning outcomes:
The first section of the course will allow the student to acquire the theoretical knowledge necessary to understand the functioning of the international economic order and the action of multilateral monetary and financial institutions. The second section will allow the student to understand the discipline of foreign direct private investment, that of international bodies active in the field of foreign investment and of control bodies. In addition, the student will be able to apply the theoretical knowledge acquired and to offer professional advice on opportunities, practicability, protection and treatment of foreign investments.
The training of the course of study in "Scienze per l'internazionalizzazione e l'innovazione delle imprese" will therefore be completed, for the aspect related to internationalization, by the following skills:

Knowledge and understanding:
Student must prove to:
- know the main actors and the dynamics of the international economic order
- be familiar with the activities of multilateral institutions operating in the monetary and financial sectors
- be familiar with the main international institutions and organisations active in the field of foreign investment
- understand the basic standards of investment protection and treatment and know how to apply the principles and instruments relating to foreign investment
- know the Italian production system and the internationalization process and know how to apply the internationalization tools.

Autonomous assessment capacity:
- Student must show the ability to be able to interconnect international investment rules with other general international law and treaty rules relating to non-economic values.

Communication skills:
- Drafting dossiers and reporting on specific foreign investment cases
- addressing problems of concrete realization of foreign investments
- advise on international and internal instruments to foster the internationalisation of enterprises

Contents

Contents:
The course of 6 credits, is divided into 2 Sections. The first section (3 ECTS) is addressed to international economic institutions dealing with the discipline of international monetary law governed by the International Monetary Fund; and the discipline of international financial law as reflected in the activities of the World Bank Group and regional development banks.
The second section (3 ECTS) deals with the evolution of the discipline on foreign direct private investment; the applicable conventional and soft law instruments; the role of multinational enterprises and the problems related to their alleged international subjectivity and their accountability, including corporate social responsibility in the light of the principle of sustainable development; the action of international bodies active in the field of foreign investment such as MIGA and ICSID. Particular attention will also be paid to the process of internationalization of the Italian enterprises (competent institutions and economic, legal and financial instruments of implementation). The problem of foreign sovereign debt will be given a brief account.

Extended Syllabus

Extended content:
Section I (3 ECTS):
- The issue of the external debt of developing countries
- Multilateral economic institutions: IMF, World Bank Group, ICSID and MIGA
- The World Bank's Inspection Panel
- The OECD
- Bank for International Settlements
- The European Investment Bank
- Regional Development Banks

Section II (3 ECTS):
- Foreign private investment
- The notion of investment
- Bilateral agreements on investment promotion and protection
- The European Union's exclusive competence in foreign investment matters
- The World Bank Guidelines
- Protection of human rights and international corporate responsibility
- The standards of conduct for MNEs developed by the UN
- The standards of conduct developed by the ILO
- Internationalisation of the Italian manufacturing system
- Support for the internationalisation of companies – ICE Agency
- The SACE Group
- The Italian society for foreign joint ventures (SIMEST)

Recommended Bibliography

Bibliography/Readings:
Suggested Textbook:
- M. R. Mauro, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, Napoli, 2019, E.S.I.
Texts to be consulted:
- A. Arena, J. Martire, R. Nocerino, A. Torino, Il codice dell'Organizzazione Mondiale del Commercio, Napoli, 2008, Editoriale Scientifica
- B. Nascimbene, Unione europea - Trattati, V ed., Giappichelli, Torino 2020.
Additional teaching material and documents will be uploaded on the e-learning platform.

Teaching Methods

Teaching methods:
The course is structured in a theoretical part and a practical part divided as follows:
- two-hours front lectures on international monetary and finacial law and on foreign investment discipline (3 ECTS);
- seminars, workshops and simulations of practical cases to be solved and methods for preparing and drafting practical dossiers of two hours each, carried out with the help of experts in international trade and foreign investment, (3 ECTS).

Evaluation methods

Verification of learning:

Assessment and examination methods:
Assessment of student learning will be an oral test. The arguments reflect those dealt with during the teaching and included in the syllabus.
The final oral test is the same for both attending and non-attending students.
Partial examinations: a partial examination is foreseen in order to facilitate the preparation of the final exam, reserved to the attending students. The final mark is in thirtieth percentile.

Contacts/More Information

Additional information:
E-mail: paola.puoti@unich.it
Students can benefit from reception hours after lessons for further explanations, or by appointment with the teacher. There is also a weekly reception day, on Thursdays, at a time to be determined, during the entire academic year. For further information visit the Course website: https://giurinn.unich.it

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree