Transnational law 2200-1PS027-ERA
The course aims to introduce students to the concept of transnational law — a body of law precisely defined in the literature as regulating actions and events that cross national borders. The course focuses on selected case studies to demonstrate how different legal orders intersect in practice today and what this means for the application of law.
Provisional Course Outline and Suggested Topics (subject to change):
What is transnational law? Key concepts and distinctions. Introductory session
Can a foreign investor sue a state — and is that fair?
Regulating the platform economy – who governs Big Tech? How does the EU protect its standards?
Transnational disputes over product standards – when does regulation become a trade barrier?
Digital trade inside and outside the WTO – do we need global rules?
Is there a transnational community of courts?
Immunity over justice? When international rulings clash with national constitutions
Can courts save the climate? Transnational climate law in action
Who has the final word in Europe? The CJEU versus constitutional courts
Land reform in Zimbabwe – sovereignty vs. international rulings
Alternatives to litigation? ADR in a transnational context
Being Erin Brockovich – class actions as a way to pursue group claims
Transnational consumer law in practice: What can you do when Amazon doesn’t ship your book, or Wizzair cancels your flight?
Public enforcement of transnational law – who will protect our rights if we don’t?
Access to justice in a transnational context – bridging the gap between theory and reality
Rodzaj przedmiotu
Tryb prowadzenia
Koordynatorzy przedmiotu
Kryteria oceniania
After each class, students are expected to submit a short reflective note (two paragraphs, up to 200 words) on the issues discussed during the session. This may include, for example, a comment on a particular thread of the discussion, a question that emerged, or a brief analysis of a specific problem. The aim is not to evaluate the class itself, but to provide a personal, thoughtful response to the material and conversation covered in class. These notes will serve as the basis for passing the course.
Literatura
1. Peer C. Zumbansen, Transnational Law: Theories & Applications, TLI Think! Paper 15/2020, May 14, 2020
2. Philip C. Jessup, Transnational Law, New Haven: Yale University Press, 1956
3. Selected court judgments, to be distributed to students during the first class, including rulings from the following courts and tribunals: International Court of Justice (ICJ), Court of Justice of the European Union (CJEU), International Tribunal for the Law of the Sea (ITLOS), SADC Tribunal, National courts (e.g. Germany, the Netherlands, Italy, Zimbabwe, South Africa, etc.), WTO Dispute Settlement Panels
4. Supplementary readings assigned for specific class sessions
Więcej informacji
Dodatkowe informacje (np. o kalendarzu rejestracji, prowadzących zajęcia, lokalizacji i terminach zajęć) mogą być dostępne w serwisie USOSweb: