REGIONAL TRADE AND INVESTMENT LAW
2016/2017, Semester 1
Modular Credits: LL4278V ( 5 ) / LL5278V ( 5 ) / LL6278V ( 5 )
You are expected to acquire:
- A critical understanding of the central institutional features and organising legal principles of ASEAN, the European Union, Mercosur
- A familiarity and ease in interpreting and analysing legal materials from all these jurisdictions and experience of independent legal research of at least two jurisdictions.
- A capacity to evaluate the variable distinctive challenges and possibilities of regional organisations, their use of law and their transformational effects on domestic legal and political systems
- A capacity for critical reflection about the strength and limits of legal authority and the interface between law and politics;
- Development of skills of legal research in more than one jurisdiction.
NUS Compulsory Core Curriculum or its equivalent
Teaching will be by seminar format with strong participation expected. You will be provided with a reading list and are expected to do the 'required reading' in advance of the seminar and to have thought about it. In addition, there will be an online element. For select weeks, you will be divided into groups and expected to do a short online collective presentation on an aspect of the seminar prior to the seminar and for it to be uploaded 48 hours before the seminar.
This module compares the frameworks for governing trade, investment and movement of persons provided by the world’s four leading regional organisations: ASEAN, the European Union, Mercosur and NAFTA. It has three components. The first looks at the public law of these organisations, their systems of norm-setting and dispute settlement. The second looks at the general frameworks for governing trade and investment in each. The final section looks at a number of key sectors and policies: intellectual property, the professions, free movement of persons.
The Development and Styles of Regional Organisation
: evolution and competences of ASEAN, EU, MERCOSURand NAFTA; styles of regional integration (trade, development, security and postnational communities
Government by Regional Organisations:
the role of supranational administrations; national administrative coordination and specialisation; supranantional and national parliamentary oversight.
adjudication, negotiation, mediation and arbitration between national governments; EU, NAFTA and MERCOSUR law in national courts
Authority of Regional Organisation Law:
primacy of supranational law; judicial review of regional organisations; governance as an alternative to regional law
Free Movement of Goods:
harmonisation and negative integration; standardisation and regional trade; regional trade arrangements within the WTO; free movement of goods and administrative reform; ASEAN Agreement on Free Movement of Goods
Freedom of Services
: freedom of services and the protection of public goods in the European Union and NAFTA; mutual recognition and sectoral harmonisation in ASEAN.
Freedom of establishment in EU law; Chapter XI proceedings in NAFTA; ASEAN Comprehensive Investment Agreement; emergent investor protection provisions
Intellectual Property Rights:
NAFTA Chapter 17; the Unified Patent and EU law; ASEAN Framework Agreement on Intellectual Property; exhaustion of rights
Free Movement of Professionals:
mutual recognition of professional qualifications; freedom of residence for professionals; access to social advantages for professional.
Free Movement of Persons:
citizenship in the EU and Mercosur; free movement of persons and national regulation in NAFTA and ASEAN variably labour mobility; human trafficking.
Financial Services Liberalisation:
European System of Financial Supervisors;
ASEAN Banking and Financial Integration Frameworks; regional SWAPs arrangements
20% will be awarded for participation in classes and IVLE. 40% will be awarded for a 2500 word essay and 40% will be awarded for a take home exam.
Workload Components : A-B-C-D-E
A: no. of lecture hours per week
B: no. of tutorial hours per week
C: no. of lab hours per week
D: no. of hours for projects, assignments, fieldwork etc per week
E: no. of hours for preparatory work by a student per week