Summer Program +S1. 1page. Course Name. Course Introduction. Summer Program +S Economic and Trade Law and Practice in East Asia Program

Transcription

1 1page. Summer Program +S1 Course Name 2016 Economic and Trade Law and Practice in East Asia Program Course Introduction The program consists two main parts, i.e. WTO Law and Free Trade Agreements in East Asia as well as Bilateral Investment Treaties and Arbitration in East Asia. It is designed to enhance participants broader knowledge in international economic and trade law, regionalism, investment and arbitration and other related international economic law issues.

2 3page. Course Description This program is composed of the following three courses: A. WTO Law and Free Trade Agreements in East Asia 1. An overview of WTO law The course covers the fundamental principles and core agreements of the WTO so that participants will be equipped with basic WTO law knowledge and skills. It will also discuss intellectual property protection and dispute settlement mechanism so as to help participants understand the key operational aspect of the organization. It also deals with some rules and exceptions to help understand the relations with a very important value, i.e., maintaining human health, and the relations with other international legal orders. 2. Free Trade Agreements (FTAs) in East Asia Regional economic integration has become the prominent feature in international trade order. Many Free Trade Agreements (FTAs), including the recently concluded Transpacific Partnership Agreement (TPP) and other mega-ftas (Transatlantic Trade and Investment Partnership (TTIP) and the Regional Comprehensive Economic Partnership (RCEP)), will unquestionably give significant impacts on international trade rules in future. The course aims to provide basic understanding of the importance and legal implication of the FTAs in East Asia. Some FTA plus and linkage issues such as intellectual property, competition, labor, environment, human rights, public health will also be discussed. The course also explores issues on FTA dispute settlement. We hope that participants will benefit from the inputs of academic and issue-based discussions. B. Bilateral Investment Treaties and Arbitration in East Asia 1. Bilateral Investment Treaties (BITs) in East Asia Over 3000 international investment agreements (IIA) currently operates through Bilateral investment treaties (BITs) and investment protection provisions of free trade agreements. Investment agreements are concluded by the investor s home country and the host country. Its aim is to protect the investor and investment made in the territory of the host country. By the nature of mixing public-private law, investment treaties usually have a wider implication for the domestic regulatory system of host states, including trade, tax, intellectual property, environment, public health policies. How to balance investor rights and the host state s right to regulate has thus become a topical issue in investment relations. The course is to help participants establish the capacity to deal with issues on foreign investment law. The courses will begin with the discussion of investment in the context of WTO and FTA. It then will provide an overall review of international investment law, with special focus on the proliferation in Asia, general principles, indirect expropriations issue and right to regulate. The course will also explore certain cross-cutting issues in investment law from Asia perspective on sustainable environment and public health and dispute settlement. 2. Arbitration in East Asia Arbitration is the prevailing method for resolving disputes arising from international commercial agreements and relationships. The reasons for its growing popularity include the desire to avoid the uncertainties and rigidities associated with cross-border litigation, the desire to obtain efficient resolution, the enforceability of arbitration agreements and arbitral awards, the parties' freedom to select the arbitrators and to design the arbitral procedures. Apart from commercial arbitration, foreign investors are using investment arbitration under the investment treaties against host states with a view to enforcing the rights and protect their investments. The number of investor-state arbitrations has mushroomed as hundreds of millions of dollars have been awarded as compensation remedies. Investment arbitration usually affects a wider public interest of a host state and thus has invited hot debates within international economic community. This course will deal with commercial and investment arbitrations. It first provides an introduction of some commercial arbitration rules, followed by a discussion from the perspective of some Asian arbitration centers and their practices. After the introduction of investment arbitration rules and mechanisms, this course will further explore the issue of investment arbitration from a practical view. It will lead participates to exercise as to how to initiate and respond in an investment arbitration proceeding. We trust participates will have a good practical knowledge of international arbitration. C. Exploring Law and Practice in Taiwan: This course offers a series of field trips to Taiwan Taipei District Court, Judicial Yuan and other legal related institutions or law firms in Taipei that allow you to take a glance of legal development and practice in Taiwan. 2page.

3 5page. Lecturers Prof. Chang-Fa Lo ( 羅昌發教授 ) Professor Lo received his S.J.D. from Harvard University Law School in He is currently Justice of the Constitutional Court of the Republic of China in Taiwan. He used to be a Chair Professor and a Lifetime Distinguished Professor at NTU and was the Director of Asian Center for WTO and International Health Law and Policy of NTU College of Law until September His research interests include WTO & International Trade Law, International Health Law, International Arbitration, Government Procurement Law. Prof. Tsai-Yu Lin ( 林彩瑜教授 ) Professor Lin received her Ph. D. in Law at National Cheng Chi University and is a professor at NTU College of Law since She also is a researcher at Chung-Hua Institution For Economic Research (The Taiwan WTO and RTA Center). Her research interests include World Trade Organization Law, International Economic Law. Prof. Hong-Lin Yu ( 俞鴻玲教授 ) Dr Yu graduated with a PhD in Law from Edinburgh University in She lectured at University of Essex Law School before joining Stirling in 2005 as a lecturer in law and becoming a Reader in Law in She was the Director of LLM in International Commercial Law for five years. Currently, she is the Director of Research Postgraduates Programme. Dr Yu has been an external panel member in subject institutional reviews at the University of Strathclyde University, Edinburgh Napier University and Glasgow Caledonian University. She has also carried out PhD examination internally and externally. She is a member of the editorial board of the International Arbitration Law Review. Research Interests: Dr Yu's main areas of interest are the theories and practice of international commercial arbitration, International investment law and arbitration, legal research methods as well as transnational commercial law. Her approach is broadly doctrinal and comparative based, and she has a particular interest in exploring law in the context of current development in practice. A key theme in her work is justification of current developments in both commercial and investment arbitration, and she has published in these areas in journals such as the International Comparative Law Quarterly, Journal of International Arbitration, and Civil Justice Quarterly. She has also acted as a referee for journals in her specialist areas. Assistant Professor Tsai-fang Chen Tsai-fang Chen is an assistant professor at National Chiao Tung University Law School. He received his S.J.D from University of Wisconsin Law School in His research interests include international economic law, international arbitration, and patent law. Alex Lo Alex Lo is a Managing Counsel and part of the case management team at the Singapore International Arbitration Centre (SIAC). Prior to joining SIAC, Alex had completed internships with law firms in Taipei, Shanghai, and Stuttgart. He worked on commercial arbitration cases as well as an investment arbitration case during his time in Stuttgart. Alex was one of the Executive Editors of the Contemporary Asia Arbitration Journal ( CAAJ ), which is a journal co-published by the Arbitration Association of the Republic of China ( CAA ) and the Asian Center for WTO & International Health Law and Policy, College of Law, National Taiwan University. He has also published articles and papers with the CAAJ and the Austrian Yearbook on International Arbitration Assistant Professor Ching-wen Hsueh ( 薛景文 ) Ching-wen is an assistant professor at National Chiao-Tung University, School of Law. She was also an assistant professor at Graduate Institute of Financial and Economic, Feng Chia University in In 2011, she worked for Institutum Iurisprudentiae, Academia Sinica as a post-doc researcher. During her study in Germany, she did the internship at Legal Division, World Trade Organization. She received scholarship of Ministry of Education, Taiwan and scholarship of University of Cologne for International Doctoral Candidate, Germany. She earned her Dr. iur. from School of Law, University of Cologne in Her doctoral dissertation Direct Effect of the WTO Agreements: Practices and Grounds was published in page.

4 7page. Schedule Mon Tue Wed Thur Fri Time 4-Jul 5-Jul 6-Jul 7-Jul 8-Jul subjet An overview of WTO law Exploring Law and Practice in Taiwan Dormitory check in & Orientation WTO Fundamental Principles WTO Core Agreements Intellectual Property protection under WTO WTO Dispute Settlement case study 1 case study 2 Time 11-Jul 12-Jul 13-Jul 14-Jul 15-Jul subjet Free Trade Agreements (FTAs) in East Asia Bilateral Investment Treaties (BITs) in East Asia Overview of FTA Economic Integration, Proliferation, General Contents and WTO Context Mega FTAs (TPP & RCEP), Regional FTAs (ASEAN+) and Some Bilateral FTAs in Asia FTA Plus Issues Intellectual Property, Competition & Others FTA as Vehicle for Other Public Goods Labor, Environment, Human Rights, Public Health Investment in the Context of WTO and FTA Overview of International Investment Law Proliferation in Asia and Some General Principles Indirect Expropriations and Right to Regulate Cross-cutting Issues in Investment Law Asia Perspective on Sustainable Environment and Public Health BIT Dispute Settlement in East Asia FTA Dispute Settlement in East Asia Time 18-Jul 19-Jul 20-Jul 21-Jul 22-Jul Fri subjet Exploring Law and Practice in Taiwan Arbitration in East Asia Exploring Law and Practice in Taiwan Some Asian Arbitration Centers Farewell Party and Their Practices To use an arbitration center to illustrate the practices Final Exam subjet Arbitration in East Asia Arbitration in East Asia 23-Jul Sat Introduction of Some Commercial Arbitration Rules Introduction of Some Investment Arbitration Rules and Mechanisms Investment Arbitration in Practice How to Initiate and Respond Domitory check out 6page.

5 Dates: July 4-23, 2016 Application fee: USD150 (Non-refundable) Program fees (in USD): International students: 3300 Partner-university students: 2900 Early Bird (Before Mar 11): USD 2,400 Services: The program fees include: 1. Costs of tuition fees 2. Orientation 3. Housing 4. Insurance 5. s Credits: 3 credits Housing: Housing is provided for students on campus in NTU Dormitory, which offers single rooms in a student residential complex equipped with sports facilities and spacious common areas English Language Proficiency Requirement: All courses are conducted in English. Student who is not a native English speaker must provide one of the following certificates: TOEFL IBT 90, TOEIC 800, IELTS 6.5 or equivalents. Application link: Course information: Application period: February 20 April 30, 2015 *Students who are majored in law or have a basic understanding of economic or commercial law are welcome to apply. Contact Information: Wenling WU (Ms) ntulaw@ntu.edu.tw