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課程名稱 |
WTO法律與實務專題研究一
Seminar on WTO Law and Practice (Ⅰ) |
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開課學期 |
110-1 |
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授課對象 |
法律學院 科際整合法律學研究所 |
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授課教師 |
林彩瑜 |
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課號 |
LAW5345 |
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課程識別碼 |
A21EM2330 |
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班次 |
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學分 |
2.0 |
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全/半年 |
半年 |
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必/選修 |
選修 |
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上課時間 |
星期三3,4(10:20~12:10) |
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上課地點 |
霖研五1702 |
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備註 |
本課程以英語授課。
限碩士班以上
總人數上限：12人 |
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課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
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課程大綱
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課程概述 |
The effective dispute settlement system is essential to the credible operation of the World Trade Organization (WTO) as a functioning international organization. WTO’s dispute settlement system has been generally recognized as a success in revolving trade disputes since its inception. However, due to the United States’ blockage of appointments to the members of Appellate Body, no disputes can now be heard at the second instance, which was used to be considered as “the Jewel in the Crown” in WTO dispute settlement system. How the Appellate Body’s survival crisis can be resolved through new reforms has constituted an urgent challenge that the WTO needs to face in the coming years.
In this semester, our seminar will discuss the issues in WTO dispute settlement system. The historical evolution of the dispute settlement system, the current state of the dispute settlement system, the operational and procedural problems arisen and its broader implication for other fields of international economic law would be looked at.
Tentative topics to be discussed are as follows:
A. General issues in WTO dispute settlement System
1. The WTO and its ruled-based dispute settlement: evolution, operation and challenges: An Overview
2. Challenging unwritten measures/expired measures in the WTO
3. Evolutive Interpretation by the WTO Adjudicator
4. The use of Non-Violation Claims
5. Reassessing remedies: prospective or retrospective?
6. Problems of non-enforcement of WTO rulings and cross-retaliation
7. More use of alternative dispute settlements (e.g. mediation and arbitration) for amicable dispute settlement?
B. Appellate Body’s Crisis
1. The rule of precedent and the role of the Appellate Body
2. The Workload and problems of the Appellate Body
3. Can the Appellate Body Be Saved?
4. Can WTO dispute settlement live without the Appellate Body?
C. A broader view on WTO dispute settlement system’s implication for other IEL fields
1. Why is there little litigation under Free Trade Agreements?
2. The role of WTO dispute settlement rulings in investment arbitration
3. The EU investment court system and its resemblance to the WTO Appellate Body
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課程目標 |
It is hoped that this course will enhance students’ professional knowledge and capability in WTO law and practice. |
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課程要求 |
1. Class sessions will be conducted by students’ presentations and class discussions.
2. Each student is required to present a chosen topic based on assigned papers (with other useful materials) and lead class discussion.
3. The Power-Point slides should be delivered to the instructor, teaching assistant and students via e-mail and COOL three days prior to presentation.
4. Each student is required to share his/her term paper draft in class. The topic of the term paper needs to be approved in advance by the instructor.
5. A 10-page full-paper shall use blue book citation and be submitted at the end of the semester.
6. Attendance for all classes and active class participation are strongly encouraged. In no event, the participants should miss two classes without good reason.
7. All parts of the requirements shall be met by students. If one of the requirements is not met (e.g. without submitting the term paper or make paper presentation), no course grade will be given by the instructor.
The course evaluation will be based on four parts: class attendance (20%), class participation (25%), presentation (25%) and final term paper (30%).
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預期每週課後學習時數 |
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Office Hours |
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指定閱讀 |
Required reading materials will be provided in class. |
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參考書目 |
Suggested reading materials will be provided in class. |
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評量方式
(僅供參考) |
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