Doing business Europe-Asia: legal, political and economic perspectives 2100-IISMA-DBEU

The course introduce students into common trade policy which covers the trade in goods and services, foreign direct investment, commercial aspects of intellectual property and is composed of trade agreements with non-European countries , trade regulation to protect EU producers from unfair competition and EU membership in World Trade Organization. Trade policy is an exclusive EU competence - EU as w whole, rather than individual member states, has the power to legislate on trade matters and conclude international trade agreements.
The basic treaties will be presented and explained, as well as trade law and investment regulations. The EU opens markets for its members by concluding trade agreements with partner countries or regions. EU-ASEAN trade relations will discussed both multilateral and bilateral. With trade agreement since 2007 EU is the third largest trade partner and investor playing significant role in ASEAN countries economy. Case studies based on business practice will show how EU regulations, provisions of law and bilateral agreements work in practice and what they affect the activities of small, medium and big companies.

1. 06.10.2022, EU Trade Policy - Common Trade Policy - basic treaties - prof. Edward Haliżak

2. 13.10.2022, EU Trade Law - prof. Edward Haliżak

3. 20.10.2022, Contracts as a vehicle of international trade (concluding contracts; modes of contract conclusion: negotiations, offer and acceptance, auction and tender; legal consequences of contracts - basic legal constructions and specifics of contracts concluded in international trade; applicable law for contractual obligations; concluding of contracts by organization entities - the issue of proper representation: public registers to be checked (importance of the National Court Register - KRS and the mortgage register) - dr hab. Bogusław Lackoroński.

4. 27.10.2022,EU- ASEAN trade - multilateral and bilateral agreements- Amb. T.Lukaszuk, bilateral cooperation with most important member countries from EU, structure of trade, investments; M.M. A.Paderon, "Opportunities in ASEAN-EU economic cooperation", International Economics and Economic Policy
International Economics and Economic Policy(2020) 17:783–798

5. 03.11.2022, EU- ASEAN trade - multilateral and bilateral agreements - Amb. Tomasz Lukaszuk, EU agreements with member countries at different levels of economic cooperation - PCA and FTA; Instruments of development assistance in economy - programs and loans provided by EIB and EC; Observer Research Foundation, "Connecting Distant Geographies: The EU in the Indo-Pacific", https://www.orfonline.org/research/connecting-distant-geographies-the-eu-in-the-indo-pacific/; Hanna Deringer Hosuk Lee-Makiyama , "Europe and South-East Asia: Shifting from Diplomacy to Unilateralism!, European Center for International Political Economy,April 2019, https://ecipe.org/publications/europe-asia-shifting-unilateralism/

6. 10.11.2022, Performance of contractual obligations and liability for non-performance or undue performance of obligations; pacta sunt servanda rule; rebus sic stantibus rule; date of performance and maturity of receivables; place of performance; partial performance; proves of performance – receipt. Specific types of dispute resolution in international trade, in particular arbitration. Freedom of undertakings in Polish and EU law – conditions to undertake and conduct business activity in Poland. Conditions to undertake and conduct business activity in Poland by foreign entities (national treatment treaty clause and principle of reciprocity) - dr hab. Bogusław Lackoroński.

7. 17.11.2022, Business practice in EU - case studies - Slawomir Majman, former President of Polish Trade, Information and Investment Organization

8. 24.11.2022, Business practice in EU - case studies - Slawomir Majman, former President of Polish Trade, Information and Investment Organization

W cyklu 2023Z:

The course introduces students into common trade policy which covers the trade in goods and services, foreign direct investment, commercial aspects of intellectual property and is composed of trade agreements with non-European countries , trade regulation to protect EU producers from unfair competition and EU membership in World Trade Organization. Trade policy is an exclusive EU competence - EU as w whole, rather than individual member states, has the power to legislate on trade matters and conclude international trade agreements.
The basic treaties will be presented and explained, as well as trade law and investment regulations. The EU opens markets for its members by concluding trade agreements with partner countries or regions. EU-ASEAN trade relations will discussed both multilateral and bilateral. With trade agreement since 2007 EU is the third largest trade partner and investor playing significant role in ASEAN countries economy. Case studies based on business practice will show how EU regulations, provisions of law and bilateral agreements work in practice and what they affect the activities of small, medium and big companies.

1. 07.10.2021, EU Trade Policy - Common Trade Policy - basic treaties - prof. Edward Haliżak

2. 14.10.2021, EU Trade Law - prof. Edward Haliżak

3. 21.10.2021, EU- ASEAN trade - multilateral and bilateral agreements - Amb. Tomasz Lukaszuk, EU agreements with member countries at different levels of economic cooperation - PCA and FTA; Instruments of development assistance in economy - programs and loans provided by EIB and EC; Observer Research Foundation, "Connecting Distant Geographies: The EU in the Indo-Pacific", https://www.orfonline.org/research/connecting-distant-geographies-the-eu-in-the-indo-pacific/; Hanna Deringer Hosuk Lee-Makiyama , "Europe and South-East Asia: Shifting from Diplomacy to Unilateralism!, European Center for International Political Economy,April 2019, https://ecipe.org/publications/europe-asia-shifting-unilateralism/

4. 28.10.2021,EU- ASEAN trade - multilateral and bilateral agreements- Amb. T.Lukaszuk, bilateral cooperation with most important member countries from EU, structure of trade, investments; M.M. A.Paderon, "Opportunities in ASEAN-EU economic cooperation", International Economics and Economic Policy
International Economics and Economic Policy(2020) 17:783–798

5. 04.11.2021, Contracts as a vehicle of international trade (concluding contracts; modes of contract conclusion: negotiations, offer and acceptance, auction and tender; legal consequences of contracts - basic legal constructions and specifics of contracts concluded in international trade; applicable law for contractual obligations; concluding of contracts by organization entities - the issue of proper representation: public registers to be checked (importance of the National Court Register - KRS and the mortgage register) - dr hab. Bogusław Lackoroński.

6. 18.11.2021, Performance of contractual obligations and liability for non-performance or undue performance of obligations; pacta sunt servanda rule; rebus sic stantibus rule; date of performance and maturity of receivables; place of performance; partial performance; proves of performance – receipt. Specific types of dispute resolution in international trade, in particular arbitration. Freedom of undertakings in Polish and EU law – conditions to undertake and conduct business activity in Poland. Conditions to undertake and conduct business activity in Poland by foreign entities (national treatment treaty clause and principle of reciprocity) - dr hab. Bogusław Lackoroński.

7. 25.11.2021, Business practice of Asian companies in EU - case studies - Slawomir Majman, former President of Polish Trade, Information and Investment Organization

8. 02.12.2021, Business practice of EU companies in Asia- case studies - Slawomir Majman, former President of Polish Trade, Information and Investment Organization

Założenia (opisowo)

The European Union and ASEAN are the raw models of regional integration in the modern world. Despite many common features trade and business making conditions vary significantly. EU developed deeper institutional mechanisms, expanding the system of bureaucracy and taking over a large part of competencies in trade policy.Member countries assumed that integrated economic policy, unified legal regulations, introduction of common currency, free movement of people and goods, and joint promotion of foreign direct investments, favor their development and achieving the goals of individual countries and the entire region. The economies of the EU countries have many common features under common trade policy but they still differ due to diversity of business culture. Many officials and businessmen from non-European countries find that unity in diversity extremely difficult to understand what make them hesitant to enter the market or to cooperate at the level of states, regions or companies.

Koordynatorzy przedmiotu

Marian Haliżak
Bogusław Lackoroński
Tomasz Łukaszuk
Stanisław Majman

Rodzaj przedmiotu

ogólnouniwersyteckie

Tryb prowadzenia

mieszany: w sali i zdalnie

Efekty kształcenia

Knowledge - basic information on EU trade law and legislation, and external trade policy
Skills - understanding of rules and procedures of EU trade law and basic treaties and analyzing main processes in EU trade

Kryteria oceniania

Test of 28 questions, 18 to pass

Praktyki zawodowe

none

Literatura

Rafael Leal Arcas, "EU Trade Law", Elgar European Publishing, Cheltenham 2020
Evelyn S.Devadason and Shujaat Mubarik, "ASEAN and the EU: An Assessment of Interregional Trade Potentials", https://papers.ssrn.com
Katharina L.Meissner, "Commercial Realism and EU Trade Policy:Competing for Economic Power in Asia", Routledge, Abingdon 2018
"New business opportunities for EU companies in the ASEAN Area : how to benefit from the ASEAN integration : an investor's guidebook / European Commission. EuropeAid Co-operation Office. Asia Invest", Luxembourg : Office for Official Publications of the European Communities, 2005.
Alfredo C. Robles, "The Political economy of interregional relations : ASEAN and the EU", Aldershot ; Burlington : Ashgate, 2004.

W cyklu 2023Z:

Topic 5. and 6.
United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG). https://uncitral.un.org/en/texts/salegoods/conventions/sale_of_goods/cisg

New York Convention: 1958 - Convention on the Recognition and Enforcement of Foreign Arbitral Awards
https://www.newyorkconvention.org/11165/web/files/original/1/5/15432.pdf

Alfredo C. Robles, "The Political economy of interregional relations : ASEAN and the EU", Aldershot ; Burlington : Ashgate, 2004.

Więcej informacji

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Strona przedmiotu 2100-IISMA-DBEU w USOSweb