Universität Wien

030238 SE Seminar in Public International Law: Economic Sanctions and Public International Law (2022W)

for undergraduate and graduate students

4.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften
Continuous assessment of course work

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Details

max. 25 participants
Language: English

Lecturers

Classes (iCal) - next class is marked with N

  • Wednesday 19.10. 17:00 - 19:00 Seminarraum SEM31 Schottenbastei 10-16, Juridicum, 3.OG (Kickoff Class)
  • Monday 12.12. 09:00 - 18:00 Seminarraum SEM34 Schottenbastei 10-16, Juridicum, 3.OG
  • Tuesday 13.12. 09:00 - 18:00 Seminarraum SEM44 Schottenbastei 10-16, Juridicum 4.OG

Information

Aims, contents and method of the course

This seminar deals with numerous international law issues raised by economic sanctions for decades and which have become even more topical as a result of the sanctions imposed against the Russian Federation since February 2022. It will address among others the legal bases, die interplay between the UN, EU and state levels, the legal protection against sanctions, the effectiveness and permissibility of sanctions in regard to non-intervention and extraterritoriality, etc. primarily from an international legal perspective.
Knowledge of public international law is required.

Participants are requested to select a topic from the illustrative list below or to seek our approval for a comparable topic. Students may submit their final papers in German or English.

Assessment and permitted materials

Seminar paper, presentation of the paper and participation in the discussion during the seminar sessions.

Minimum requirements and assessment criteria

Seminar paper consisting of 50,000 characters –roughly 20 pages– (70%), oral presentation of the paper and active participation during the seminar sessions (30%).

Examination topics

The topics of the seminar papers are discussed and assigned in the preliminary meeting.

Topics
•The Austrian Sanctions Law 2010
• The Powers of the EU to Adopt Economic Sanctions
• Do EU Member States Still Have the Power to Adopt Economic Sanctions When the EU has Already Acted?
• What Are the Necessary Requirements for Listing Individuals in Targeted Sanctions?
• How Can Individual Natural or Legal Persons Challenge their Listing by the UN and/or the EU?
• How Are Assets Frozen in the EU and/or other States?
• The Issue of the Legality of Unilateral Sanctions – Extraterritoriality and Non-Intervention
• Sanctions and Arbitration
• The Legal Bases and Techniques of Energy Embargoes
• Are Sanctions in Conformity with WTO Law?

Reading list

Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, OJ L 78, 17.3.2014, p. 6

Council of the European Union, Sanctions Guidelines – update, 4 May 2018, Doc. 5664/18

Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, UN Doc A/74/165, 15 June 2019

ECOSOC, General Comment No 8: The Relationship between Economic Sanctions and
Respect for Economic, Social and Cultural Rights, 12 December 1997, (E/C.12/1997/8)

Human Rights Council, Report of the Special Rapporteur on the Negative Impact of Unilateral Coercive Measures on the Enjoyment of Human Rights, 30 August 2018,
(A/HRC/39/54)

Joined Cases C-402/05 P and C-415/05 P, Kadi and Al Barakaat International Foundation v Council and Commission, ECLI:EU:C:2008:461
Case C-376/10 P, Tay Za v Council, ECLI:EU:C:2012:138
Joined Cases C‑539/10 P and C‑550/10 P, Al-Aqsa/Council and Pays-Bas/Al-Aqsa, ECLI:EU:C:2012:711
Case C-417/11 P, Council v Bamba, ECLI:EU:C:2012:718
Joined Cases C‑584/10 P, C‑593/10 P and C‑595/10 P, Commission and Others v Kadi ECLI:EU:C:2013:518
Case C-348/12 P, Council v Manufacturing Support & Procurement Kala Naft, ECLI:EU:C:2013:776
Case C-280/12 P, Council v Fulmen and Mahmoudian, ECLI:EU:C:2013:775
Case C‑176/13 P, Council v Bank Mellat, ECLI:EU:C:2016:96
Case C-72/15 Rosneft Oil Company OJSC v Her Majesty’s Treasury ECLI:EU:C:2017:236

Military and Paramilitary Activities in und against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, I.C.J. Reports 1986, p. 14

Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America), Provisional Measures, Order of 3 October 2018, I.C.J. Reports 2018, p. 623

United States – Restrictions on Import of Tuna, Report of the Panel, 16 June 1994, DS19/R, paras. 5.1-6.2.

United States – Import Prohibition of Certain Shrimp and Shrimp Products, AB-1998-4, Report of the Appellate Body, 12 October 1998, WT/DS58/AB/R.

Russia – Measures concerning Traffic in Transit, 5 April 2019, WT/DS512/R, paras. 7.1- 7.104, and 8. 1.

US Supreme Court, Hartford Fire Insurance Co and Others v. California and Others, 28 June 1993, International Law Reports, vol. 100, pp. 566-602.

Association in the course directory

Last modified: Fr 22.07.2022 14:27