International Economic Law (in English)

  • Credits: 6
  • Ending: Examination
  • Range: 2P + 4C
  • Semester: summer
  • Year: 1
  • Faculty of International Relations

Teachers

Included in study programs

Economic Diplomacy (in English language)

Teaching results

The aim of the course is to clarify the basic legal architecture of international economic relations, its main pillars, fundamental principles, rules, functioning of major institutions and other actors in the multilateral trading system, international investment, monetary, financial relations, and their correlation, dispute resolution and current developments in this area. It includes an analysis of legal sources as well as the landmark and current disputes and case studies in the field of international economic law.

Knowledge: knowledge and understanding of characteristics, principles and rules of operation of individual branches of international economic law, understanding of the relationship between international law, international economic law and national law, the ability to critically analyze the current legal framework of individual branches of MEP, including its advantages and challenges.

Competences: understanding the legal aspects of international economic relations.

Skills: the ability to work with various sources of international economic law, including the decisions of relevant dispute settlement bodies, and to apply the knowledge acquired in analyzing current issues in international economic relations.

Indicative content

The aim of the course is to clarify the basic legal architecture of international economic relations, its main pillars, fundamental principles, rules, functioning of major institutions and other actors in the multilateral trading system, international investment, monetary, financial relations, and their correlation, dispute resolution and current developments in this area. It includes an analysis of legal sources as well as the landmark and current disputes and case studies in the field of international economic law. Knowledge: knowledge and understanding of characteristics, principles and rules of operation of individual branches of international economic law, understanding of the relationship between international law, international economic law and national law, the ability to critically analyze the current legal framework of individual branches of MEP, including its advantages and challenges. Competences: understanding the legal aspects of international economic relations. Skills: the ability to work with various sources of international economic law, including the decisions of relevant dispute settlement bodies, and to apply the knowledge acquired in analyzing current issues in international economic relations.

Support literature

LOWENFELD, A. 2008. International Economic Law. Oxford: Oxford University Press. 2. vydanie. 2008. ISBN 978-80-7400-752-1.
BOSSCHE, P. v.d. 2017. Law and Policy of the World Trade Organization. Cambridge: Cambridge University Press. 2017. ISBN 978-13-1661-052-7.
DOLZER, R., SCHREUER, Ch. 2012. Principles of International Investment Law. Oxford: Oxford University Press. 2. zrevidované vydanie. 2012. ISBN 978-01-9965-180-1.
ANDHOV, Alexandra - BROCKOVÁ, Katarína - ŠIMALOVÁ, Katarína. Slovakia. In Investment Arbitration in Central and Eastern Europe : Law and Practise. - Cheltenham; Northampton : Edward Elgar Publishing, 2019. ISBN 978-1-78811-516-2; 978-1-78811-517-9

Syllabus

1. Basic characteristics of international economic law - concept, subject of study, branches, sources, subjects, principles of IEL, relationship between IEL, international public law and international private law, concept of economic sovereignty of the state. 2. WTO, its history and fundamental legal framework – Havana Charter and the GATT 1947 – historical context, structure of GATT 1947, organs of GATT 1947; WTO Agreement and its annexes; principles, specific features and structure of the WTO legal system; WTO and SR/EU. 3. Fundamental priciples and rules of the multilateral trading system – main principles , rules for market access. 4. Rules for unfair competition – rules applicable to dumping, subsidies. 5. Exceptions from rules of the multilateral trading system rules – general exceprions, security exceptions, economic integration exceptions. 6. WTO dispute settlement system – historical development of the trade dispute settlement system within GATT/WTO; main bodies of the WTO DSS; WTO dispute settlement procedure; main challenges and current development in WTO dispute settlement system. 7. Legal framework for international investment – economic and legal dimension of international investment; investor, host state; sources of international investment law; legal regime of international investment protection – multilateral, plurilateral and bilateral investment agreements. 8. Fundamental principles of international investment protection – historical overview, current developments – non-discrimination, FET, full protection and security, applicability of MFN, exceptions in international investment agreements and investment chapters of trade and economic agreements. 9. Investor-State dispute settlement system – diplomatic protection, national courts, international arbitration and conciliation procedures ICSID, ICSID Additional Facility,; - ad hoc arbitration under UNCITRAL rules, current developments in the investor-state dispute settlement system. 10. Basic characteristics of international financial institutions - an overview of the system of international monetary and financial law; sources, entities, major monetary and financial institutions; the mission, structure, characteristics and voting mechanisms of the individual components of the World Bank Group. 11. International Monetary Fund - the concept, subject and sources of international financial and monetary law and the international monetary system; IMF mission, structure, decision-making mechanisms; the definition of special drawing rights and the IMF's conditionality characteristics; the basic preconditions, conditions and forms of use of general IMF resources in comparison with the legal conditions for the provision of funds from individual World Bank organizations; IMF exchange rate system and IMF supervision. 12. International development law - concept, subject, sources, basic international legal framework, institutional connections, sustainable development goals. 13. Current developments in the legal aspects of economic integration in Europe, North America, South America, Africa, Asia, Australia and between these regions.

Requirements to complete the course

30% - active participation in the semester work - semester presentations, case studies
70 % - oral exam evaluation

Student workload

Lecture participation 26hrs, seminar participation 52hrs, preparation for seminars 13hrs, work on semester presentations, case studies 13hrs, preparation for oral exam 52hrs

Language whose command is required to complete the course

English

Date of approval: 10.02.2023

Date of the latest change: 18.01.2022