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Legal Aspects of Globalization

Course Information

Course Instructor  Amir A. ABDI

Teaching Language: Eng
Total number of hours : 23 / crédits ECTS :

 

 PREREQUISITES

 Students are not required to have any previous legal knowledge

This course should be useful for all those intending to be involved in international business, as well as for those who desire to understand the legal principles underlying the current international economic system.

 



Presentation / Summery

This course consists of 23 class hours dedicated to providing a thorough and practical introduction to students with no legal background to public and private law aspects of the global trading system, as well as to the basic legal principles underlying European economic integration.

The aim of the course

is to give a good, practical-based understanding of how business works in the European Union environment, and to present the paralell basic principles on the level of international law. It is not intended to give students a thorough, in-depth analysis of EU rules and regulations, but rather to provide them with an intelligent approach to the many business and commercial areas affected by EU & international law in practice.

 

 

Learning Objectives

  • To understand the basic legal principles underlying the World Trade Organization and the EU.
  • To use the basic principles of EU law & International business law, applying them to different areas of law. Students will thus study the Single European Market (four freedoms – goods, workers, capital, and services (and the right to establishment) – as well as competition law, consumer protection and basics of European corporate law.
  • In each case, students will be introduced to actual cases to exemplify how the European Court of Justice, the EU's court, and the Appellate Bodies at the WTO, have used their powers to create and interpret the law, and the practical impacts of their decisions. Other relevant areas of international commercial law will also be explored, such as the international protection of intellectual property rights, principles of international contract law, choice of law, and principles of international commercial arbitration.
  • to give business students a basic understanding of how law, particularly EU law & International law, impinges upon the work of any business organization whether sole trader to multinational.

 

Sessions:

Session 1

Introduction to International Economic Law:

General introduction to international law: definition & scope, sources of the law, enforcement mechanisms of international rules.

  • Introduction to international economic law & globalization, including the legal regime of the World Trade Organization and that of the European Union.
    • Supremacy of the rules v. domestic law
    • Direct effect of rules
    • Law making mechanisms
    • Enforcement of rules
Role of the international judiciary

Session 2

Trade in Goods under the General Agreement on Tariffs & Trade (GATT) - World Trade Organization (WTO ) (1)

 

  • Basic principles of the WTO system:
  • Most Favored Nation Treatment (MFN)
  • National treatment
  • Rules regarding quotas, quantitative restrictions & internal taxation

Go to interKUlti's Database on WTO law for links to online artilces on the various aspects of the WTO.

 

Session 3

Trade in Goods under the General Agreement on Tariffs & Trade (GATT) - World Trade Organization (WTO ) (2)

  Exceptions:

  • Rules affecting dumping and subsidies
  • Exceptions to the main principles: Safeguards agreement
  • Further exceptions: Protection of the health and life of consumers, animals, plants and the environment & security exceptions
  • G ATT/WTO dispute settlement & Enforcement

 

Session 4

The European Single Market (1) : Free movement of goods,

Arts.28-29 – imports/exports

Arts. 23-25 Tariffs, duties and other charges

Art.90 Discriminatory taxes

Discriminatory barriers to trade:

  • Quantitative and qualitative restrictions
  • promotion of domestic products

 

Session 5

The European Single Market (2) : Free Movement of Goods

  • Exceptions
  • Protection of Public morality
  • Protection of Public policy
  • Public Security
  • Protection of health and life of humans, animals or plants
  • Mandatory requirements
  • Consumer protection
  • Fairness of commercial transactions
  • Freedom of assembly and the right of expression
  • Protection of the environment

 

Session 6

 

Session 7

Comparatove European corporate Law,

corporate forms ( UK , German French and EU

Incorporation theory v. Seat theory (US and EU perspectives compares)

European competition law & policy  

  • Art. 81 anti-competitive agreements and concerted practices
  • Exemptions – individual, block
  • Vertical restraints: exclusive distribution, exclusive purchasing
  • Art. 82 abuse of dominant position and market power
  • Mergers and acquisitions (merger control regulation)
  • State aids and subsidies

 

Session 8

Protection of Intellectual Property Rights – under International law (WTO TRIPS, WIPO) and under EU law

 

  • Sources of Law (WTO, WIPO, EU)
  • Forms of intellectual property rights & kind of protection
  • Patents
  • Trade Marks
  • Copyright

 

 

Session 9

Comparative Principles of Contract law (1) :

  •  
  • Choice of law - Rome Convention on the law applicable to contractual obligations
  • Contracts for the international sale of goods – Vienna Convention (CISG):
    • Basic principles (Good faith & fair dealing, the duty to cooperate)
    • Formation of contract (offer & acceptance)
    • The “ Battle of the forms” problem

 

Session 10

Comparative Principles of Contract law (2) :

 

  • Rights and obligations of the parties
  • Breach of contract (delay, non performance, defective perfomance)
  • The “efficient breach of contract” paradigm
  • Remedies for breach of contract
  • Exemption from liability – vis maior
  • Hardship, economic impossibility – clausula rebis sic stantibus

Amir A. Abdi 2005: Outline of Principles of European & International Contract Law

 

Session 11

 

International & European Principles of International Commercial Arbitration

 

  • Sources of the law on international commercial arbitration
  • (European Convention, UNCITRAL MODEL Law, New York Convention 1958 )
  • The Arbitration Agreement
  • Procedure: Choice of arbitrators and institution of proceedings
  • Procedure: Applicable laws
  • The award and its challenge, grounds for challenge
  • Enforcement of arbitral awards
  • Grounds for refusal to enforce a foreign award

Amir A. Abdi 2004: Outline of International Commercial Arbitration

 

 

course policies

Teaching Methos and Self-Study

During the semester, students will have practically oriented lecturing, combined with power point presentations and class discussion of major cases and other critical issues.

EVALUATION

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Copyright 2006 -Amir A. Abdi

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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