European and International Business Law

SubjectEuropean and International Business Law
Semester3rd semester (autumn)
TypeRequired (area of study: Management and Law)
ECTS6 ECTS
Study programme:Business studies (master)
Primary language:Slovene
Visiting lecturer: Fatur, Andrej
Introduction
The course will be carried out in the Slovene language and is an elective course in accordance with an officially approved curriculum of the Master Degree Program in Business Studies.

Preconditions
Students must have basic knowledge in the area of law. It is also useful to have knowledge in international reality and international relations. It is desirable that students have sufficient knowledge of English language to understand the case-law of foreign and international courts and/or arbitrations and additional study literature.

Goals
The aim is to acquaint students with the foundations of international economic law, with special emphasis on World Trade Organization law and international investment law. After passing the exam, students will also be able to recognize legal aspects that represent opportunities or safeguards in European and international business operations, and various interests that are reflected in the regulation of the area concerned and affect free trade.
 
Competencies
  • acquire basic theoretical knowledge in the legal fields under consideration;
  • knowledge of relevant judicial and arbitration practice;
  • ability of professional-scientific analysis, problem solving, evaluation of different theoretical positions and the use of different legal interpretative methods;
  • understanding and knowledge of international economic law, including in the context of European economic law.
Learning outcomes
  • a student knows and understands the basic aspects of international economic law, including international investment law, also in the light of European economic law;
  • a student evaluates legal issues and issues from the subject area;
  • the student acquires the ability to argue and interpret relevant sources of international law, including relevant treaties and relevant provisions of the EU acquis;
  • knowledge, understanding and analysis of the case-law of domestic and international courts and arbitration and of the Court of Justice of the EU;
  • oral and written expression on legal issues in the field of the subject;
  • interdisciplinary integration of acquired knowledge.
Syllabus
1. General Information about International Economic Law (selected aspects).
1.1 Historical development, definition and relationship to other branches of law.
1.2. International economic arrangement.
1.3. Sources of International Economic Law.
1.4. Relationship between domestic and international law in the legal order of the Republic of Slovenia.
1.5. Entities under international economic law.
1.6. Settlement of disputes in international trade.
2. The foundations of European Economic Law.
2.1. Phases and meaning of economic integrations, in particular the European Union.
2.2. Fundamental areas of European economic law.
2.3 EU primary and secondary law.
3. World Trade Organization (WTO) Law.
3.1 The establishment and development of the WTO.
3.2 Fundamental Principles of the WTO / GATT 1994.
3.3 The WTO Normative Framework.
3.4 WTO Dispute Settlement Understanding.
4. International Investment Law (selected aspects).
4.1 Historical development and definition.
4.2 Sources of international investment law and fundamental principles for the protection of foreign investments.
4.3. Settlement of investment disputes.
4.5 International Centre for Settlement of Investment Disputes (ICSID), arbitration practice.
4.6. Relationship between EU law and international investment law.
 
Teaching and learning activities
  • lectures;
  • seminar (study of primary sources and of judicial / arbitration practice);
  • preparation of the seminar work;
  • conversation / debate;
  • involvement of guests / experts.
 Evaluation systems and criteria
  • Knowledge evaluation consists of three parts: seminar work (25% share in a joint assessment), assessment of participation and a presentation of a case at the seminar (25%) and written examination (50% share).
  • Written examination will be conducted after the end of the semester. In order to enter the exam, the student must have a positive evaluation of a seminar work and of a presentation of a case at the seminar.
  • All three parts of the knowledge evaluation must be positively assessed for a positive overall assessment.
 Teaching and learning material
  • Božičko, P. in Menard, M.: Zaščita tujih naložb v Sloveniji in slovenskih naložb v tujini na podlagi meddržavnih bilateralnih investicijskih sporazumov, v: Slovenska arbitražna praksa, marec 2013, str. 4-12.
  • Jereb, A.: Prihodnost reševanja investicijskih sporov na območju Evropske unije, v: Podjetje in delo 5/2016/XXXXII, str. 797.
  • Škrk, M.: Zaščita tujih investicij in mednarodno pravo, v: Podjetje in delo 6-7/2014/XXXX, str. 1331-1344.
  • Tratnik M. in Ferčič, A.: Mednarodno gospodarsko pravo, dopolnjena in spremenjena izdaja, Pravna fakulteta Univerze v Mariboru, Maribor, 2002.
  • Trstenjak V., Brkan M.,: Pravo EU: ustavno, procesno in gospodarsko pravo EU, GV Založba, Ljubljana, 2012.
Office hours
  • Before and after the lectures
  • By agreement