The students will be made familiar with the ongoing processes of globalization and regionalization as well as with its instruments, such as the UN, WTO, OPEC and the European Union. Concept and functions of international law are discussed in these processes. Special attention will be devoted to the role of foreign investments on the global level, including legal guarantees against so- called sovereign risks and legal remedies against interferences by the host States against foreign investors in the light of the recent case law. Visits to the Vienna headquarters of the UN and of OPEC are further didactic means to make the students aware of the legal, economic and political aspects of such processes.
Prerequisites:
Interest in the legal aspects of globalization and regionalization.
Learning outcomes:
By the end of the course, students should be able to:
• Understand the contemporary processes of globalization and regionalization and to assess the role of international law therein; to
• understand day-to-day cases involving the UN, WTO and the European Union and to form their own opinion on such cases, thus widening their horizon on international affairs
Method of presentation:
Lectures, studies of hand-outs, students’ presentations, discussions, field trips.
Required work and form of assessment:
participation in class discussions and students’ presentations (10%), mid-term examination (25%), final examination (25%), class attendance (10%) and term paper (30%).
content:
1) Globalization and the Role of International Law
a) Definition and characteristics of globalization
b) The concept of international law and its function in the international community c) Reasons why States obey (or disobey) international law.
d) Sources of international law
e) Actors on the international scene
f) Transnational corporations and their impact on international economic relations g) Universal international organizations in general
h) The World Trade Organization (WTO)
i) Principles of foreign investment law
j) The International Centre for Settlement of Investment Disputes (ICSID)
2) Regionalization and the Role of International Law
a) Definition and characteristics of regionalization
b) Legal forms of economic regional integration: trade agreement, free trade area, customs union, common (internal) market and economic and monetary union
c) Regional international organizations: the European Union (history, functions, structure and legislative process)
d) The Organization of Petroleum Exporting Countries (OPEC): history and present role in the oil and gas industry
e) Selected case studies
Required readings:
Articles on individual organizations in: Rudolf Bernhardt (ed.) Encyclopedia of Public International Law, 4 vols. (Amsterdam 1996-2002); hand-outs distributed in class; Derek Bowett, The Law of International Institutions (London, 5th ed. 2000 individual chapters tba.); Peter Fischer, Free Trade Areas, Ibid, Vol. I, p. 250.
Recommended readings:
Peter Fischer, European Law (3rd ed. Zilina 2009); Henry Schermers, International Institutional Law (4th ed. Alphen an den Ryn 2000).
Brief Biography of Instructor:
Peter Fischer earned in 1962 the degree Dr. jur. at the University of Vienna, Austria. He became Professor of International Economic Law, International Law and European Law at this University in 1977. The same year he received as the first non-American lawyer the “Certificate of Merit” from the American Society of International Law for his work on international oil concessions. Between 1979 and 1996 Dr. Fischer worked as a representative of the Holy See (Vatican) in international organizations (UNIDO and IAEA) based in Vienna. After his retirement from Vienna University in 2004 he became full professor of International Law and European Law at the newly established Bratislava School of Law, where since 2004 he has taught seminars and lectures on International Organizations, International Law and European Law. He received the Honorary Doctorate by the University of Bratislava in 2007 for his works on these subjects. Current research areas focus on global and regional international organizations, in particular on the European Union and on international law. Among his more recent publications in English is the textbook “European Law” (2009) and the articles ”Taiwan: The State which is not Allowed to Exist” (2007) and “The International Personality of the European Union” (2007).
Globalization, Regionalization, and International Law
The students will be made familiar with the ongoing processes of globalization and regionalization as well as with its instruments, such as the UN, WTO, OPEC and the European Union. Concept and functions of international law are discussed in these processes. Special attention will be devoted to the role of foreign investments on the global level, including legal guarantees against so- called sovereign risks and legal remedies against interferences by the host States against foreign investors in the light of the recent case law. Visits to the Vienna headquarters of the UN and of OPEC are further didactic means to make the students aware of the legal, economic and political aspects of such processes.
Interest in the legal aspects of globalization and regionalization.
By the end of the course, students should be able to:
• Understand the contemporary processes of globalization and regionalization and to assess the role of international law therein; to
• understand day-to-day cases involving the UN, WTO and the European Union and to form their own opinion on such cases, thus widening their horizon on international affairs
Lectures, studies of hand-outs, students’ presentations, discussions, field trips.
participation in class discussions and students’ presentations (10%), mid-term examination (25%), final examination (25%), class attendance (10%) and term paper (30%).
1) Globalization and the Role of International Law
a) Definition and characteristics of globalization
b) The concept of international law and its function in the international community c) Reasons why States obey (or disobey) international law.
d) Sources of international law
e) Actors on the international scene
f) Transnational corporations and their impact on international economic relations g) Universal international organizations in general
h) The World Trade Organization (WTO)
i) Principles of foreign investment law
j) The International Centre for Settlement of Investment Disputes (ICSID)
2) Regionalization and the Role of International Law
a) Definition and characteristics of regionalization
b) Legal forms of economic regional integration: trade agreement, free trade area, customs union, common (internal) market and economic and monetary union
c) Regional international organizations: the European Union (history, functions, structure and legislative process)
d) The Organization of Petroleum Exporting Countries (OPEC): history and present role in the oil and gas industry
e) Selected case studies
Articles on individual organizations in: Rudolf Bernhardt (ed.) Encyclopedia of Public International Law, 4 vols. (Amsterdam 1996-2002); hand-outs distributed in class; Derek Bowett, The Law of International Institutions (London, 5th ed. 2000 individual chapters tba.); Peter Fischer, Free Trade Areas, Ibid, Vol. I, p. 250.
Peter Fischer, European Law (3rd ed. Zilina 2009); Henry Schermers, International Institutional Law (4th ed. Alphen an den Ryn 2000).
Peter Fischer earned in 1962 the degree Dr. jur. at the University of Vienna, Austria. He became Professor of International Economic Law, International Law and European Law at this University in 1977. The same year he received as the first non-American lawyer the “Certificate of Merit” from the American Society of International Law for his work on international oil concessions. Between 1979 and 1996 Dr. Fischer worked as a representative of the Holy See (Vatican) in international organizations (UNIDO and IAEA) based in Vienna. After his retirement from Vienna University in 2004 he became full professor of International Law and European Law at the newly established Bratislava School of Law, where since 2004 he has taught seminars and lectures on International Organizations, International Law and European Law. He received the Honorary Doctorate by the University of Bratislava in 2007 for his works on these subjects. Current research areas focus on global and regional international organizations, in particular on the European Union and on international law. Among his more recent publications in English is the textbook “European Law” (2009) and the articles ”Taiwan: The State which is not Allowed to Exist” (2007) and “The International Personality of the European Union” (2007).