Transnational Commercial Law
PROF. PAOLO ARGINELLI
COURSE AIMS
The course is aimed at giving students an understanding of those rules and
principles of international law that have a significant bearing on the way
multinational groups plan their business.
COURSE CONTENT
The course is divided into four modules.
Module 1 - WTO Law
This module provides students with an overview of the main legal principles
established by the World Trade. Organization agreements. It briefly describes the
World Trade Organization structure, main agreements and dispute. settlement
processes. In addition, it analyzes the most important rules established under the
World Trade Organization from the perspective of the economic issues that they
are meant to deal with.
In particular, this module examines the following topics:
Introduction to the WTO.
Regulation of tariffs and duties.
Antidumping measures.
Regulation of subsidies and countervailing measures.
The most-favored nation principle.
The national treatment principle.
Module 2 – EU and internal market Law
This module examines the legal foundations of the European Union, its basic
structure and the legal principles of its Internal Market. More specifically, it
analyzes the scope of fundamental freedoms guaranteed by the EU treaties (free
movement of goods, persons, services and capital), the basic rules of the EU
customs union and the main EU harmonization policies in the economic fields.
In particular, this module examines the following topics:
The Internal Market in the EU legal order.
The power to harmonize national laws.
The free movement of goods: the customs union and the prohibition of goods
movement restrictions.
The free movement of persons: free movement of workers and freedom of
establishment.
The right to freely provide services.
The free movement of capital: the enlargement to third countries.
The principle of non-discrimination.
Module 3 - EU Competition Law
This module deals with the basic provisions of EU competition law. It analyzes
how EU law regulates important economic phenomena such as anti-competitive
agreements, abuse of market dominance and mergers between firms and how it
generally prohibits EU member States to grant economic and financial aids to
national enterprises that might distort competition in the Internal Market.
In particular, this module examines the following topics:
Anti-competitive vertical agreements.
Anti-competitive horizontal agreements.
Abuse of market dominance.
Anti-competitive mergers and joint ventures.
Collective dominance.
State aids prohibition.
Module 4 - International Tax Law
This module examines the most important issues concerning the taxation of
business profits in an international context. At the outset, it analyzes the basic rules
on the taxation of business profits widespread in most of the industrialized
countries, including those concerning the distribution of such profits. It then
tackles the international aspects of the taxation of such profits, both under domestic
law and under international treaty law. It finally copes with the impact of EU law
on the taxation of business profits within the EU Internal Market.
In particular, this module examines the following topics:
Basic rules on the taxation of business profits.
Generally accepted rules for the taxation of business profits from international
economic activities.
International double taxation and the methods to relieve it.
Transfer pricing regulations.
Controlled Foreign Companies (CFC) regulations.
Treaties for the avoidance of international double taxation.
The impact of EU fundamental freedoms on the taxation of business profits.
EU directives concerning the taxation of business profits.
READING LIST
The reference materials will be provided before the beginning of the course.
TEACHING METHOD
Teaching hours will be split between general introduction to the topics and more in-depth
interactive analysis thereof by means of leading cases discussion.
Students will be required to carry out independent research activities on specific topics
during the course. Active and regular participation in the classes is recommended.
ASSESSMENT METHOD
Written final examination and assessment of the independent research carried out.
NOTES
Further information can be found on the Faculty notice board.