2019 Winter - CML4108JA - Studies in International Law (Class Number: 8731)

Intl Economic Law & Regulation of New Technol


Professor(s): Michael Ewing-Chow
Language: English
Units: 3
Level: Upper year

Class Schedule

TermActivityDayPlace
2019 Winter
(January 07 - January 24)
SEMMon,tue,wed,thu,fri 13:00 - 16:00FTX316
2019 Winter
(January 12 - January 12)
SEMSat 10:00 - 13:00FTX316
Prof. Michael Ewing-Chow

Description:

Many lawyers have started looking at the regulation of “new technology” as the development of ride-hailing apps, self-driving cars and cryptocurrency have raised domestic concerns. At the same time, the recent record setting summer temperatures around the world and the entry into force of the United Nations Framework Convention on Climate Change (the Paris Convention) have both increased the pressure on national governments to adopt policies favouring “green energy”. However, these complex issues will require cooperative solutions rather than unilateral measures. International Economic Law (IEL) provides a framework for policy space to deal with these new challenges so that states have the flexibility to address their specific level of public protection while potentially requiring states to explain their policy choices. Indeed, the most of the rules of the WTO, FTAs and even International Investment Agreements (IIAs) were drafted with a view towards “technological neutrality” focusing instead on the effects of the regulations and the objectives of the measures. IEL basically seeks to distinguish between regulations aimed at protecting the public which is permitted and protectionist or interest captured agendas which IEL prohibits. Using a few selected regulatory concerns and analysing certain policy choices, this course will provide an overview of the regulatory space afforded by IEL and how states can both substantively and procedurally ensure that they do not violate IEL. The course will also further suggest that properly understood, IEL could act as a virtuous discipline for regulators encouraging the policy options that will more likely benefit the public.

Teaching Method:

Lecture

Materials Used:

TBC

Method of Evaluation


 

Other Type of Evaluation:

This course will be examined by way of a moot memorial and an oral submission. Each student will be required to submit a short memorial for both the complainant and respondent for the topic the student has been assigned to argue in the moot. Depending on the number of students, each student is likely to be required to make one oral submission for the complainant and one for the respondent. The rules of the moot will be clarified once we know the enrolment numbers for the course.

 

Final Exams:

Exam type: None

Exam duration:

Computerized exam: No