Objectives and competences
The objective of this course is to gain basic knowledge about the international economic order, rules regulating the relationship between the subjects of int'l trade law on different levels, most important legal problems, dispute resolution, as well as about concrete international business transactions within the boundaries, determined by international law, EU law and national law
Content (Syllabus outline)
Introduction (definition an place of int'l trade law, international economic order).
Sources (sources of int'l public law, intrerantional commercial customary law, law of economic integration, national law).
Subjects (international organizations, States, public enterprises, private enterprises, relations between states and states and foreign enterprises, protection of foreign enterprises, state responsibility).
The law of the WTO (history of GATT, key agreements, tasks of the WTO, genra principles of the WTO, dispute resolution in the WTO, EC-WTO relations).
Dispute resolution in international trade (instruments of public int'l law, Alternative dispute resolution, int'l arbitration, dispute resolution before national courts).
International investment law (definition and scope of nationalization, direct and indirect nationalization, nationalization and international law, investor-protection mechanisms, resolution of investment disputes (ICSID)).
Antimpnopoly (general on limitations of com petition, European antimonopoly law, US antimonopoly law, international antimonopoly law).
Basics of selected areas of international trade law (internationall company law, int'l insolvency law, int'l tax law, int'l protection of IP).
Conclusion of int'l business transactions, specific risks of int'l transactions, problems related to conflict law).
The efforts for more uniformity of legal rules in int'l trade (the activitiy of (UNCITRAL, ICC, UNIDROIT, uniform general rules (conventions, general contract forms, general terms and conditions, (importance, problems, battle of forms).
External trade law o0f the EC (common external trade policy, trade agreements, antidumping and other protective measures.
Learning and teaching methods
• lectures,
• seminars,
• tutorials. Part of the tutorial is in a classroom while the rest is in the form of e-learning (e-tutorials may be given via video-conferencing or with the help of specially designed e-material in a virtual electronic learning environment),
• individual work,
• dealing with cases.
Intended learning outcomes - knowledge and understanding
Knowledge and Understanding:
On completition of this course, the student will be able to:
- demonstrate understanding of the basic features of the international economic order,
- find and understand the relevant sources of the international trade law,
- demonstrate understanding of the competences and the functioning of the institutions in interantional trade,
- demonstrate understanding of the different systems of dispute resolutio system
- demonstrate understanding of the basic problems regarding the conclusion of interantional business transactions
Intended learning outcomes - transferable/key skills and other attributes
Transferable/Key Skills and other attributes:
- Oral and written expression about basic legal concepts of int'l trade law, characteristics of the int'l trade law, dispute resolution in int'l, trade;
- limited use of the relevant sources of int'l trade law in practice.
Readings
• M. Tratnik, A. Ferčič: Mednarodno gospodarsko pravo, Univerza v Mariboru, Pravna fakulteta, Maribor 2002.
• H. van Houtte: The Law of international trade, Sweet and Maxwell, London 2001.
Weingerl, P. in Tratnik, M., Izbrana poglavja sodobnega mednarodnega prava, Uradni list, Ljubljana 2022 (v tisku)
Izbrana poglavja
Prerequisits
Understanding of basic concepts of domestic and international law.
Comments
• Succeasful performance of the practicum assignments are a condition to be ddmitted to the exam and are a part of the grade.
• Written exam.
