Universität Wien
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251104 VO+SE Legal Aspects of Globalization of World Trade (2022S)

2.00 ECTS (1.00 SWS), Universitätslehrgänge
Continuous assessment of course work

This is a fee-based continuous education and training programme/certificate course offered by the Postgraduate Center. Please note that you must be admitted to a continuing education and training programme/certificate course to participate. For further information regarding Continuing Education Master Programs, Continuing Education Programs and Certificate Courses, please visit: https://www.postgraduatecenter.at/en/
Moodle

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Details

max. 25 participants
Language: English

Lecturers

Classes

Currently no class schedule is known.

Information

Aims, contents and method of the course

Sessions 1: Introduction, History of Economic Law, and General Aspects
How did the international economic legal framework evolve? What is the underpinning economic theory of free trade?
How did former colonies shape the international economic order? How did the two World Wars influence thinking on free trade?
Legal peculiarities concerning the application of the GATT 1947?

Sessions 2 and 3: GATT Principles and Barriers to International Trade (tariff reductions, most favored- nation principle, national treatment, safeguards and escape clauses)
What is the use of rules of origin?
What are the exceptions to the prohibitions of quotas?
Under what circumstances may WTO deviate from their obligations?
Discuss the GATT's MFN clause!
What are like products for the purposes of MFN and national treatment?
Discuss the major exceptions to the GATT's MFN obligation!
Describe the structure of the national treatment obligation in article III of the GATT!
What is a disguised discrimination?
What is the difference between Safeguards and unfair trade?
What are the essential differences between trade in goods and trade in services?

Session 4: The International Economic System (The institutional law of the WTO, the World Bank, and the IMF)
What is the Washington Consensus and why do some consider it as problematic? What are the tasks of the World Bank and the IMF?
What is the relationship between GATT 1947 and GATT 1994? What happened to the ITO?
Describe the basic structure and tasks of the WTO! What type of international organization is the WTO? Who may become a member of GATT/WTO?
How can a country withdraw from the WTO?
How does the WTO dispute settlement procedure work? What is cross retaliation?
What is "reverse consensus"?
What is the Washington Consensus and why do some consider it as problematic? What are the tasks of the World Bank and the IMF?

Session 5: Trade and Investment CETA, TTIP, and beyond
How do you assess the relationship between trade law and investment law?
What is the Vattenfall case about?
Which WTO rules are relevant in the field of investment? What is an Investment Agreement?
What are the fundamental rules of investment law and where can they be found?

Session 6: The Free Movement of Goods in the EU from Dassonville and Cassis de Dijon to Keck
Differentiate between a free trade agreement, a customs union and a common market! What is a charge equivalent to a duty?
Facts and significance of the Dassonville judgment?
Are there measures other than state laws, regulations or administrative practices that may violate Art 28 TFEU?
What is the Cassis formula?
For what reasons may the principle of free movement of goods be restricted?
Is the German purity law of 1516 requiring beer to be manufactured only from malted barley, hops, yeast and water consistent with Community law?
Is a Member State entitled to forbid the import of "indecent and obscene articles"?
Are national retail sales restrictions on Sundays which lead to a demonstrable reduction of imports from other Member States compatible with EU law?
What was new in the Keck case?

Assessment and permitted materials

Klausur mit Wahr/Falsch, Single und Multiple Choice-Fragen via Moodle (25 Punkte) und
Mitarbeit während der Einheiten sowie in Form einer kurzen Präsentation (15 Punkte)

Minimum requirements and assessment criteria

Notenschlüssel
0 - 19 Punkte: Nicht Genügend
20-25 Punkte: Genügend
26-32 Punkte: Befriedigend
33-36 Punkte: Gut
37-40 Punkte: Sehr Gut

Examination topics

Reading list

Leseliste vorab:
Allgemein empfehle ich folgende Bücher:
* Prévost/Den Bossche, Essentials of WTO Law (Cambridge University Press 2021),
* auf Deutsch wiederum Markus Krajewski, Wirtschaftsvölkerrecht (C.F. Müller 2021)
* Auf Moodle finden Sie den Max Planck Encyclopaedia of International Law-Eintrag zu International Economic Law

Sessions 1
Required readings:
* WTO, The GATT years: from Havana to Marrakesh, https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact4_e.htm
* Subedi, Evolution and principles of international economic law, https://london.ac.uk/sites/default/files/uploads/study-guide-postgraduate-laws- international-economic-law.pdf
* WTO, The case for open trade, https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact3_e.htm

Sessions 2 and 3
Required readings:
* EPIL, World Trade, Principles (Moodle)
* Herdegen, Priciniples of International Economic Law, The GATT (Moodle)
* WTO, The General Agreement on Trade in Services (GATS): objectives, coverage and disciplines https://www.wto.org/english/tratop_e/serv_e/gatsqa_e.htm
* WTO, THE GENERAL AGREEMENT ON TRADE IN SERVICES: AN INTRODUCTION, https://www.wto.org/english/tratop_e/serv_e/gsintr_e.pdf

Session 4:
Required readings:
*EPIL_World_Trade_Organization_WTO (Moodle)
* WTO, What is the WTO?, https://www.wto.org/english/thewto_e/whatis_e/whatis_e.htm and https://www.wto.org/english/thewto_e/whatis_e/wto_dg_stat_e.htm
* IMF at a Glance, https://www.imf.org/en/About/Factsheets/IMF-at-a-Glance
* IMF History, https://www.imf.org/external/about/history.htm
* World Bank, What We Do, http://www.worldbank.org/en/about/what-we-do
* World Bank History, http://www.worldbank.org/en/about/history

Session 5:
Required reading:
* EPIL, Investments, International Protection (Moodle)

Session 6
Required reading:
* European Commission, Free movement of goods Guide to the application of Treaty provisions governing the free movement of goods (pp 8-35), https://op.europa.eu/de/publication-detail/-/publication/a5396a42-cbc8-4cd9-8b12-b769140091cd/language-mt

Association in the course directory

Last modified: Th 16.02.2023 00:06