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Course Introduction to International Business L aw

Course Introduction to International Business L aw. by Cynthia Vloon-Weultjes LLM Autumn 2012 . Lecture 1Topics. Introduction Expectations of the participants Objectives of the course + exam Short Introduction to International Private Law (IPL) Introduction to European Union Law

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Course Introduction to International Business L aw

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  1. Course Introduction to International Business Law by Cynthia Vloon-Weultjes LLM Autumn 2012

  2. Lecture 1Topics • Introduction • Expectations of the participants • Objectives of the course + exam • Short Introduction to International Private Law (IPL) • Introduction to European Union Law • The European Court of Justice (ECJ) and Preliminary rulings • Homework

  3. International Private Law • Characteristics: • solving legal problems arising out of different legal systems that apply to international relationships • providing a set of rules to either decide on the matter or refer the litigating parties to a national legal system • Dealing with three main issues • Which body of law is applicable? • Which court of law has jurisdiction? • Can a court decision be executed in another country?

  4. Introduction to European Union Law • Legal system of the EU • Treaty of the Functioning of the European Union = TFEU • Regulations • Directives • Decisions • Case law of ECJ

  5. Introduction to European Union Law 2 • Supremacy of EU law (Costa vs. ENEL) • Distinction between • Directly applicable EU law-> immediately effects the legal system of the Member States (MS) –art.288 TFEU • Directly effective EU law->individuals of MS

  6. Introduction to European Union Law 3 • Only ECJ decides on direct effectiveness (Van Gend & Loos case) -> • Provision is clear + unambiguous • Provision must be unconditional • Provision must take effect without further acts of EU or MS

  7. ECJ & Preliminary rulings • Art. 267 TFEU • Requirements: • Any Court and tribunal is allowed to.. • No juridical remedy under national law • Necessity of the ruling in order to enable the national court to give judgment (Cilfit case)

  8. Homework • Exercise 1 Chapter 1

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