Handbook International & EU Law Programme (LAW) The Hague University of Applied Sciences
September 2016
LAW
International and EU law progra Year 2 About the LAW Programme The International and European Law bachelor is a four-year law programme fully taught in English. This unique bachelor has a curriculum that teaches international, European and Comparative Law from the first year onwards. Being part of a university of applied sciences, the programme ensures that students acquire professional and research skills that will make them exceptionally employable. With a strong focus on legal training in an international environment, the bachelor’s programme will boost the students’ ability to analyse legal problems from an international perspective and develop their critical thinking skills. It will prepare students for a wide variety of international careers, working for multinational or governmental organisations, companies and NGOs. We are situated in the heart of the International City of Peace, Justice and Security - an inspiring location to study international and European law and the programme, which has an excellent network in The Hague, Brussels and internationally was launched in 2007. Our first students graduated in 2011. Since then, many graduates in international and European law have proceeded to master’s programmes at other universities, for example, Maastricht University, Utrecht University, King’s College and Queen Mary’s University (London), Cambridge University and Oxford University. Other alumni have accepted job positions at international organisations and companies, for example ING, the Royal Bank of Scotland, Ernst & Young, the Constitutional Court of South Africa and many more. Our young and innovative students come from approximately 50 different countries. Our highly experienced lecturers come from over 15 different countries, representing most major legal systems. Currently, more than 800 students are studying International and European Law at THUAS. We look forward to welcoming many more in the future.
THUAS
amme - LAW Curriculum Year 1 & Year 2 (Mandatory Introductory Courses - 3 ECTS)
Year 1 + Public International Law + Constitutional Law + Introduction to Law + Skills 1 “Legal Analysis”
+ Criminal Law + Administrative Law + Contract Law + Skills 2 “Legal Advising”
+ Corporate Law + Tort Law + Introduction to EU Law + Skills 3 “Representing”
Program based on 8 legal competences Project 1 - “Model United Nations”
+ Human Rights Law + EU Decision Making + Property Law + Skills 4 “Decision Making”
Project 2 - “EU Crisis”
Year 2
+ Family Law + EU Public Law + European Criminal Law + Skills 5 “Legal Analysis 2”
+ International Labour Law + Internal Market Law + Advanced Corporate Law + Skills 6 “Legal Advising 2”
+ International Trade Law + Human Rights Enforcement + International Criminal Law + Skills 7 “Representing 2”
Project 3 - “Due Diligence”
+ International Organisations Law + Competition Law + Courts & Litigation + Skills 8 “Decision Making 2”
Project 4 - “ICC Moot Court”
Year 3 (Advanced Courses - “Minor/Elective Courses” - 5 ECTS)
Year 3 Specialisation Public International Law & Human Rights + Theory & Sources of Int. Law + Law of Int. Organisations 2 + NATO & International Security + Civil & Political Rights + Gender & Law + Terrorism + Social & Economic Rights + Use of Force + Refugee Law Specialisation International Humanitarian Law & International Criminal Law + International Humanitarian Law + ICC & Other Tribunals + Evidence + Individual Criminal Responsibility + Core Crimes (Genocide & CAH.) + Rights of the Accused Specialisation European Law + EU Employment Law + Internal Market Law 2
+ Competition Law 2 + EU Sports Law
+ EU Company Law + EU Consumer Protection Specialisation Commercial Law + Princip. & Rules of Investment Law + Arbitration + International Taxation + Contract Drafting + Principles & Rules of Tax Law + Intellectual Property Law 2 + Internet Law + Private International Law 2 + Tort & Business + Corporate Social Responsibility + Maritime & Transport Law Mandatory & Elective Courses
Year 3 Paper Project EU Law Moot Court Minors
+ Enforcement of Int. Law + Family Law 2 + Environmental Law + Core Crimes (Agression & War Cr.) + ICL Procedures + EU Foreign Relations Law 2 + EU Energy Law + Investment Dispute Settlement + Insurance Law + Multinational & Corruption
Project 10 (Arbitration) Project Telders Moot Court Minors
Project New York MUN Minors
Project ICC Moot Court Minors
Year 4 (Internship + Advanced Courses + LLB Thesis)
Year 4
Internship (30 ECTS) + Law & Economics + Law & Practice
+ Law & Ethics
+ Law & Economics + Law & Practice OR ALTERNATIVELY
+ Law & Ethics + LLB Thesis (15 ECTS)
Internship (30 ECTS)
240 ECTS - Bachelor degree
International & EU Law Programme
Programme based on 8 legal competencies Legal Analysis Advice Representation Decision-making Regulation File Management Organisation Legal Communication
THUAS
International and EU law programme - LAW Legal Competencies - List of Topics - Thesis Judicial review of national security clauses in BITs by international courts and arbitral tribunals - A. Baciu The right to self-determination and the emergence of new States: how to avoid the democratic bias - M. Della Porta Rodiani Konovov v. Latvia, war crimes and the principle of legality- J. Biskina The creation of an International Environmental Law Clinic - K. Kubovicova Bilateral non-surrender agreements and conflicting international obligations for the United States: To surrender or not to surrender foreign nationals to the ICC? - M. Boxberg The European Union at the United Nations: a more supranational EU External Action after Lisbon? - A. Hagenauer Revisiting the Right to Self-Determination in International Law in light of recent developments - M.C. Oliobi Omali Holding corporations liable for human rights violations committed in conflict zones - D. Tsaneva... The evolution of the concept of military necessity in international humanitarian law - N. Banas Systematic Limitations to the Presumption of Innocence at the ICC: a threat to ICJ? - G. Schöpf Can Grand Corruption be Considered as an “Other Inhumane Act” for the Purposes of Article 7(1)(k) of the Rome Statute? - S. Chin The progressive decline of trust and confidence in the United States Criminal Justice System - K. Bilarev Judicial notice of adjudicated facts and its effect on the right to a fair trial in case of Prosecutor v. Radova Karadzic - L. Luca Understanding the Position of Sexual Violence against Men during Armed Conflict within International Criminal Law and UN Resolutions: What needs to be changed? - I. Moraru... Are same-sex married couples considered as ‘family’ under the Free Movement Directive? - G. Antonov The ECtHR superior to the ECJ in the context of the future EU accession to the ECHR - V. Grozdeva The extraordinary case of Security Council Resolutions in the EU: Which way forward? -M. Vatsov As assessment of the proposed Ecocide Directive for its appropriateness to become an EU legislative act - K. Donald Comparative Advertising in Europe - K. Javorska The Jurisprudence of the ECJ and its contribution to the free movement of goods - D. Stivas EU Military Crisis Management - an effective policy or mere wishful thinking? - K. Stoyanov... The Over-the-Counter Derivative Market in the EU, US and China: lessons for China - R. Brust Online Dispute Resolution: an International Business Perspective - V. Yordanova Fighting Corruption in Pakistan: Empowerment of Private Actors - N. Amin Future of Patent Law in the EU: the Unitary Patent System: Road to Failure or to Success?- D. Dinut The future of US trade agreements after the Trade Promotion Authority Act - N. Engelhart Lobbying: a Legal Form of Corruption?- L. Schäfer Copyright law infringements in Russia - K. Nuzhdova The notion of Corporate Social Responsibility under Islamic Law - L. Hamraz Towards an effective unitary patent system: Do Dreams Come True?- D. Velikova Analysis of the new double taxation treaty between China and The Netherlands (2013) in the context of BEPS - Y. Luo...
TRAINING & EVALUATING THE RESEARCH SKILLS OF THE STUDENTS On their final year at THUAS, the students are required to write the LL.B. Thesis under the supervision of lecturers who are the experts of the relevant academic fields in which the student chooses to submit the thesis. The LL.B. Thesis enables students to conduct independent and original academic legal research while utilizing the feedback from their supervisors. The process of writing the thesis and performing the Thesis Defense not only in presence of the supervisor but also of the external grader, armor THUAS students with the necessary experience to follow a high-achieving academic career. This valuable experience also prepares the students for professional careers as they acquire the tools to work independently on a six month long project where they are not dictated their responsibilities but instead are responsible for benefiting from the guidance and feedback provided by supervisors. Dr. Elif Erdemoglu - Thesis Coordinator
International & EU Law Programme
International and EU law programme - LAW Internships Representatives of the following organisations are members of the Professional Advisory Committee Netherlands Helsinki Committee Institute for Environmental Security The Hague Security Delta The Hague Conference on Private International Law C & M Advocaten, Collet International Lawyers & Associates Shell Trade and Investment Commissioner ProMexico The Hague Institute for the Internationalisation of Law (Hiil) Coalition for the International Criminal Court The Danish Institute for Human Rights International Justice Program-RNW WaterLex Peace and Justice Initiative NGO/International Tribunal of Libanon Dutch Ministry of Foreign Affairs Europol Eurojust Dutch Data Protection Authority WORKING WITH EMPLOYERS THROUGH THE PROFESSIONAL ADVISORY COMMITTEE “The LAW Programme’s Professional Advisory Committee (PAC) was created in May 2014 in order to establish links with current developments in the professional field and the discipline and to engage professionals from the field of law in the programme’s quality assurance. Therefore, the main objectives are to systematically maintain the professional network and to provide useful information to the LAW Programme on the content and nature of the curriculum, in order to meet the professional profile of the industry by incorporating experiences, knowledge, views and needs as expressed by international legal professional industry. As for the composition, the PAC consists of: members from the professional industry with specific areas within the legal professional field which are represented are reflected in the LAW Programme; the PAC Coordinator; the Management Team and the External Relations Coordinator and faculty members/lecturers.” Hesther Calis - Coordinator of the Professional Advisory Committee
THUAS
Study & Career coaching Group work in Tutorials & Projects
“In Year 1 and in Year 2, students are gathered in groups of 15 students, called tutor groups, and they meet their tutor each week, meaning more than 32 times during the academic year, to discuss assignments, project tasks and study & career coaching. These sessions called tutorials are essential for keeping the students on the right track of their studies but also to train them to work individually and in agroup. They learn to adapt to daily work life as legal officers in a (fictuous) company, law firm, public authority or an association. Students are trained to draft contracts, write speeches, prepare a memorandum to clients, discuss initial steps of negotiation... real tasks asked outside in the work field! The Programme’s tutors have worked in practice as lawyers, prosecutors, lobbyists, researchers, etc at prestigious organisations and institutions before they joined the LAW Programme. They all consider students as potential employees of these places.” Guido Wilbers - Lecturer & Coordination of Tutoring
Mandatory internship period of 100 working days before graduation
“The Internship course consists of 100 working days to be completed on the site of an employer in relation to apply legal knowledge acquired in the LAW programme. Students are asked to follow the instructions of the employer, and use the competences acquired in the Programme. During the internship, a member of the Faculty mentors the students and meets the employer to discuss the performance of the student. We invite employers to come visit the university, to advise us in the Professional Advisory Committee and/or to discuss iwth students during our annual Employment Network Event. In this way, we maintain a constant discussion. By this, we prepare our students for their future careers.” David den Dunnen - Internship coordinator & Co-founder of Employment Network Events
Professional trainings offered to students on internships
“Getting prepared to face an internship or job offer is the goal of the training given to students every year. Students are taught that it is important to impress employers. Therefore they must get used to how application procedures and job interviews work. We help them to create an efficient CV, a well-structured Cover letter and to prepare for job interview questions. Their preparation goes beyond writing documents. We also teach students to respect professional dress-codes and to work on their online professional profile. The Employment Network Event is a learning moment for applying these skills collected during the previous months. We draw the attention of the students towards the job market while they are still studying. Above all, students of the LAW programme integrate the necessity to go getting the job or internship they want. We stimulate them to do so and not wait for the results to come. They should be able to make the efforts first and we train them actively on this.” Aurelien Lorange - Co-founder & organiser of the Employment Network Events
Feedback on Internships
“Employers are satisfied with the work of the students of the LAW Programme. This they tell us when we meet them as mentor during the internship of students. We appreciate the feedback they give on the performance to the student and this helps us a lot when grading the internships.” William T. Worster - Lecturer
International & EU Law Programme
International and EU law programme - LAW Partnerships - Collaborations (in 2016)
Legend Partner University Other ENE 2016 Exhibitors In discussions Americas South Western University (USA) Universite Laval (Canada)
International School of Protocol & Diplomacy (Belgium) University of Luxembourg (Luxembourg) SciencesPo Paris (France)
Western Continental Europe Universite Catholique de Lille (France) Webster University Geneva (Switzerland) Hautes Etudes Appliquees du Droit Paris (HEAD) (France) University St Gallen (Switzerland) University of Poitiers (France) Real Universitario Madrid (Spain) University of Nantes (France)
Nordic & Baltic region Stockholm University Mediterranean Region LUISS Guido Carli University (Italy) University Autonoma Barcelona (Spain) University of Malta (Malta) University of Ljublijana (Slovenia)
THUAS
EXTERNAL RESEARCH COLLABORATION AND STAFF ACTION The Bachelor of Law Program is committed to both professional and academic achievement. As regards the latter, a special characteristic of the program relates to Faculty Activity in the field of research. Many Faculty members are promising young researchers in search of exciting new research partnerships. Accordingly, the Bachelor of Law Program is open to partnerships on topical research questions in a variety of fields. Particularly in the light of Internationalization as an overarching HHS objective, the Program is interested in acquiring new and engaging research perspectives through collaboration and partnerships with other academic institutions within and without the European Union. It is hoped that such partnerships will make a dual contribution. On the one hand, they will expand and inform the Body of Knowledge of the courses offered to the students, with a view to making their education as updated, relevant and useful as possible. On the other, such research endeavours are expected to yield concrete research results that will contribute to international legal discourse in their own right. Dr. Michael Vagias - Lecturer & Researcher
LEARNING BY DOING The practical focus of the Programme is to prepare students for working in high demanding, international legal settings. Professionalism and Internationalisation aspects are therefore developed as part of the Curriculum. The Curriculum firstly lets students apply international and European law in various areas. Subsequently, students are trained to progress from simple mastery of legal concepts to their more detailed analysis, and ultimately to their final implementation in concrete cases with a cross-border, legal setting. ‘Learning by doing’ is the tradition of the Programme; internships and work placements are therefore essential for the accomplishment of our goal to advance knowledgeable legal professionals. That is why we are keen to ensure employers and students are both satisfied, so we can consistently build on the internationalisation and professionalism aspects, celebrated during the annual Employment Network Event. Hyun-Ju Park - Coordinator Internationalisation
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British Islands Birmingham Law School (United Kingdom) Northumbria University (United Kingdom) BPP University & BPP Learning Media (United Kingdom) Eastern & Central Europe Central European University (Hungary) Moscow State University (Russia) Africa University of Cape Town (South Africa)
Middle East Tel Aviv University (Israel) Asia Beijing Normal University (China) Beijing Foreign Studies University (China) Sun Yat Sen University (China) Oceania Victoria University (Australia) Melbourne Law School (Australia)
International & EU Law Programme
International and EU law programme - LAW Internationalisation - Alumni Master - International Financial Law
Master - Law
Master - Commercial Law Master - Politics of the Middle East and North Africa Master - European Law & Policy Master - Maritime Law
Master - Public International Law
Master - International Law & International Relations Master - International Law Master - Global Environment & Climate Change Law, European Law Master - International Relations & Diplomacy Master - International and European Law Masters - European Law, International Corporate & Commercial Law, International Economic Law, Globalisation & Law, Forensic, Criminology and Law Master - Law
QUEEN MARY UNIVERSITY
Master - International Public Relations Master - European Economic Law Master - European & International Law Master - Management & Law Master - European Intellectual Property Law
THUAS
Master - Intellectual Property Law, Computer & Communication law
Bachelor - National Finnish Law
Master - Public International Law Master - European & International Business Law Master - Law Master - Comparative, European & International Law Master - Law
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Master - Droit International & Transnational Master - Business Law Master - International Legal Studies Master - International Law Master - Energy Law
International & EU Law Programme
Decision-Makers and alumni meet students
2016
Examples of Speakers of the Employment Network Event (Job & Study Fair for international law students)
Karl Cox
Cornelia Kutterer
Vice-President for Global Public Affairs Oracle
Director EMEA Digital Policy & EU Affairs Microsoft
2016
IEL Alumni speakers
Nane Engelhart
Han van Gellecum
Associate Legal IP Counsel TomTom - Amsterdam
EHS Regulatory Consultant Enhesa - Brussels
Guest speakers for the Employment Network Event 2016
THUAS
Member of the Parliament of the Netherlands
Olga Reynhout 2012
2012
Tanja Jadnanansing
Katarina Otcenášová
Maarje Schaake 2013
2013
Member of the European Parliament
2014
2014
2014
2014
2015
2015
Assistant Strategic Analyst at The Hague Centre for Strategic Studies
Trajce Georgiev
Vera Jourová European Union’s Commissioner for Justice, Consumers and Gender Equality
Legal Assistant at Bentley Systems B.V. Graduated in 2013
Vessela Miladinova 2015
2015
Jyrki Katainen Vice-President of the European Commission, responsible for Jobs, Growth, Investment and Competitiveness Affairs
Lecturer in Academic Writing & Legal English at Maastricht University Graduated in 2013
Bobi Smilev
Thomas Spiller Vice-President of the Walt Disney Company for Global Public Affairs
Foreign Associate at King & Wood Mallesons in Beijing Graduated in 2013
Kirsty Donald
Wouter Veening Director of the Institute for Environmental Security
Lawyer at Carnogursky ULC Law Firm in Bratislava Graduated in 2013
Rebecca Brust 2014
2013
Pieter Duisenberg Member of the Parliament of the Netherlands
Legal Account Manager at CIS Management B.V. Graduated in 2011
LLB International & EU law (summa cum laude) Scholarship for an LLM at Melbourne University in 2015
Previous speakers: leaders and Alumni
International & EU Law Programme
Student ambassadors and student activities Prepared by the Student Ambassadors: Piyumi Jahansandera, Lucia Hat’apkova, Marin Bankov, Kosara Mihaylova, Diana-Elena Sarbu
ILSA Chapter A student association (a sub-division of the main ILSA organisation) specifically for the Law programme, taking part in organising guest lectures, exam preparation sessions, panel discussions and law-related events.
Exchange programme An attractive combination of learning through experience about different legal traditions and cultures, and travelling outside of The Netherlands all over the world, including to countries such as Los Angeles (USA), Australia and the UK.
Student Ambassador Team for the Law Programme Greatly assisted in helping to plan the Employment Network Event, as there is no better advertisement for a university than its own satisfied students!
THUAS
Projects Putting theory into practice, through projects such as: Model United Nations, European Parliament, Due Diligence, and an ICC Moot Court.
Moot Courts and Competitions The most ambitious and motivated students from the Law Programme representing the university in prestigious competitions, both in national and international contexts. Most recently, these include participating in the New York Model United Nations and the Telders International Law Moot Court Competition.
Trips Building on students’ ‘hopes for the future’ by travelling to important legal cities, including Brussels and Geneva, and visiting significant international institutions in The Hague itself, such as the ICJ and the ICTY.
International & EU Law Programme
Public International Law By Dr. Marina Lostal University of Cambridge Xian Jiaotong University, European University Institute
Ms. Szilvia Csevar Special Court for Sierra Leone International People’s Tribunal CAH in Indonesia
Period 1 Quarter 1 Teaching Aims
In its role as a first introduction to public international law, the goals of this course are for the student to be able to: - Recall and restate the basic principles and rules of international law - By reading the Nicaragua judgment, familiarise him/herself with how ICJ judgments are structured, distinguish obiter dicta from ratio decidendi, and extract and interpret the most relevant passages from a judgment according to the assigned topic. - Retain knowledge of the process of legal analysis and replicate the basic process of legal analysis by locating acts and legal sources relevant to an analysis of issues of international law
LAW
Course description
3 ECTS - 84 hours
This is an introductory course in public international law. It starts with the question why we need to study international law and how international law interacts with domestic law. The course will address sources of international law and subjects of international law (states, international organizations and other actors). Following those foundational issues, the students will study many of the crucial issues in international law such as territory, jurisdiction, immunities, use of force, state responsibility, diplomatic protection and dispute settlement. The course is intended to provide students with an understanding of the structure of the international legal system and basic principles underlying legal relations between states, international organisations and other actors in the international law arena. As such, it provides the critical concepts that will facilitate an understanding of many of the courses to follow. For example, the course will expose students to the law of treaties which is necessary for understanding human rights law; the law on subjects of international law is necessary for understanding European law; and so on.
Lectures / Seminars
Lecture 1 - Introduction to Public International Law Lecture 2 - Sources of Law and Treaties Lecture 3 - Customary International Law and Other Sources of Law Lecture 4 - Subjects of International Law Lecture 5 - State Responsibility & Dispute Settlement Lecture 6 - Branches (I) Use of Force and International Humanitarian Law Lecture 7 - Branches (II): The Law of the Sea and International Environmental Law
Constitutional Law (Comparative)
By
Dr. Michael Vagias Leiden University
Mr. Desmond Johnson University of Copenhagen
Year 1 Quarter 1 Teaching Aims
- To enable students to understand the key concepts of Constitutional Law; - To prepare students to read, find and understand Constitutional Law instruments as well as case law of various judicial bodies at the international, regional and national level.
Course description
3 ECTS - 84 hours
The State is an important entity within the field of international law. The State that is being discussed in this course is the socio-political entity that holds sovereignty over a territory. This sovereignty leads to certain obligations concerning governance and the distribution of power. This course will deal with issues regarding Statehood and Governance and with accomplishing checks and balances within the State. Before a State can be defined as a State, certain conditions have to be met. First of all a State must have a population, a territory and an effective government. Secondly the State must be able to enter into relations with other States. These interstate relations mostly show in the State’s ability to join international organizations and the ability to sign treaties. Within all democratic State systems a system of checks and balances is introduced in order to guarantee distribution of power. The French Revolution has introduced us with a system known as the ‘Trias Politica’, in which legislative, executive and judicial powers are separated. This course will give an overview of how different States have organized themselves in their Constitutions. Besides the European Union constitution, constitutions of different forms of States and polities like the EU will be discussed in the lectures and workshop lectures. There will be a particular focus on the constitution of legislative and executive power within the State.
Lectures / Seminars
Lecture 1 - Introduction: Statehood, Sovereignty, and Governments Lecture 2 - Principles of Constitutional Design: A Political Philosophy Approach Lecture 3 - Separation of Powers: Legislative Branch Lecture 4 - Separation of Powers: The Executive Branch Lecture 5 - Judiclal Review & Constitutional Review/ Interpretation Lecture 6 - Federalism: US and EU Lecture 7 - Constitutional Protection of Fundamental Rights; Equality and Abortion
LAW
Introduction to Law By Dr. Abiola Makinwa Erasmus Rotterdam University
Mr. Piet Willems Ghent University
Year 1 Quarter 1 Teaching Aims
Students should be able to achieve the following learning outcomes: 1. Understand the concept and function of law as well as the place of law in political, social and economic life. 2. Understand the legal traditions of the world and in particular the difference between civil and common law traditions. 3. Identify and understand the formal and informal sources and bodies of law. 4. Identify the different classifications of law, the differences between private and public law, domestic and international law as well as procedural and substantive laws. 5. Understand the main relationships governed by private law. 6. Understand the main areas of the relationship between the state and individual that are governed by public law. 7. Understand how law is administered and enforced in selected civil and common law systems. 8. Understand the nature of the legal profession in selected civil and common law systems as well as a brief overview of Legal Education.
LAW
Course description
3 ECTS - 84 hours
Law is the fabric of society and determines our social, political and economic relations. The course, Introduction to Law, will provide students with an overview of the nature of law and legal systems. Students will learn how to identify what the law is, where it can be found, how it is made and how it is enforced. They will discover the major legal traditions of the world and understand the pivotal role of the civil and common law systems. They will become familiar with the different methods of categorizing law as well as the different areas of law that fall within the private and public domains respectively. The course will serve as a ‘road map’ for starting law students and help them to anticipate and understand the relationship between the various subjects they will study in course of their law program.
Lectures / Seminars
Lecture 1 - What is Law? Lecture 2 - Legal Traditions of the World Lecture 3 - Sources of law (1) Lecture 4 - Sources of Law(2) Lecture 5 - Classifications of law Lecture 6 - Mechanisms for the Administration and Enforcement of Justice Lecture 7 - The Legal Profession
Skills 1 - Legal Analysis By Mr. David den Dunnen North Atlantic Association Maastricht University
Mr. Mark Hanna University of Essex University of Leiden New York Bar Queen Mary University
Year 1 Quarter 1 Teaching Aims
To have students: - Demonstrate competence in reading case and statute law and understand the importance of interpreting those sources of law. - Understand the role of IRAC as an analytical method and demonstrate competence in employing this tool in legal analysis. - Demonstrate competence in organizing legal analysis through clear statement of the relevant rule and clear application of the rule to given facts. - Understand the importance of organizing legal analysis in terms of identified legal issues.
LAW
Course description
3 ECTS - 84 hours
Success in law requires not only sound knowledge of the law but also the skills to apply the law. Principal among these is the skill of legal analysis. Traditionally, legal education focused on teaching knowledge of law, with the belief that the skill of analysis would come naturally with exposure to law. In recent years, however, there has been increased recognition that the analytical skills which go hand in hand with legal knowledge can and should be trained more directly, and that students can thereby develop those skills with good effect in their studies and in their professional practice. This course introduces students to the skill of legal analysis. It covers the basic tenets of legal analysis and the analytical techniques appropriate for primary legal materials, including instruction on analysis of relevant statutes and where to find and how to read case law, as well as analysis of secondary legal materials such as textbooks and journal articles. The primary focus of the course can be said to be twofold: (1) practical instruction on the use the IRAC formula as a tool of legal analysis (i.e. Issue, Rule, Apply, Conclude) and; (2) practical instruction on the effective organization of legal analysis and a method of communicating that is clear, accurate, to the point, and supported by reference to legal authority (what we call ‘CAPS’).
Lectures / Seminars
Lecture 1 - Introduction to the skill of legal analysis Lecture 2 - Legal analysis and the law essay Lecture 3 - Analyzing statutes Lecture 4 - Analyzing case law Lecture 5 - IRAC and application Lecture 6 - Organizing legal analysis Lecture 7 - Recap and exam prep
Criminal Law (Comparative)
By
Ms. Diane Turner Kelliher & Turner Ministry of Attorney General of Ontario King College of London
Mr. Paul Garlick OSCE Furnival Chambers Special Department for War Crimes
Year 1 Quarter 2 Teaching Aims
Drawing on the IRAC approach (Issue, Rule, Analysis, Conclusion), students will draw on their competence for legal analysis and develop the competence of giving legal advice on the basis of legal analysis by - Gathering all the facts to allow him/ her to weigh the arguments of the parties, - Exploring and applying basic concepts and principles in the field of criminal law, - Following a comparative methodology engaging different national and international legal systems and sources of law.
LAW
Course description
3 ECTS - 84 hours
This course begins with an examination of the reasons for having a criminal justice system and the goals to be achieved by such a system. What should be criminalized and the goals of punishment are reviewed before going on to review basic principles of substantive criminal law which are common to most national and international legal systems. The second half of the course is then focused on examining the different procedural approaches to achieving justice in national and international legal systems. Throughout the course, various legal traditions are examined to explore the different ways in which they approach the task of applying criminal laws to those who are suspected of crimes or have been charged with crimes.
Lectures / Seminars
Lecture 1 - Introduction to Comparative Criminal Law and Justice Lecture 2 - Elements of Crime Lecture 3 - Substantive Criminal Law Lecture 4 - Modes of Criminal Liability and Defences Lecture 5 - Basic Fair Trial Principles Lecture 6 - Procedural Criminal Law Lecture 7 - After Conviction and Alternatives
Administrative Law (Comparative)
By
Mr. Desmond Johnson University of Copenhagen
Year 1 Quarter 2 Teaching Aims
Learning goals of this course are: understanding of structure of administrative agencies and their competencies, understanding the applicable rules; understanding the administrative actions as well as judicial and non-judicial mechanisms; ability to apply the relevant rules for resolving problems, and ability to think critically on administrative law. The purpose of this course is to introduce students to the essentials of Administrative Law through a review of some basic rules.
LAW
Course description
3 ECTS - 84 hours
Administrative Law is a branch of Public Law. It governs the establishment and operation of the agencies of public administration. In this course, powers and competencies of the agencies will be reviewed. Administrative agencies play a significant role in defining the rights and duties of the public. It should be noticed that these competencies are applied unilaterally without prior approval of the citizens. Therefore, it is important to find their basis in the statutory rules. The course also covers the basic tools used by agencies, such as rulemaking and adjudication, as well as the procedural and substantive rules that limit and guide the use of these tools. In this course the legal relationships between the agencies, other government bodies, and the public at large will be reviewed.
Lectures / Seminars
Lecture 1 - Introduction to Administrative Law Lecture 2 - Actors in Administrative Law Lecture 3 - Administrative Powers Lecture 4 - Principles Administrative Law Lecture 5 - Administrative Decisions Lecture 6 - Review Lecture 7 - Alternatives to Administrative Law
Contract Law (Comparative)
By
Dr. Abiola Makinwa Erasmus Rotterdam University
Dr. Ian Sumner University of Cambridge Utrecht University
Year 1 Quarter 2 Teaching Aims
Using the course text, selected cases and other materials students will learn to identify and anticipate the issues and problems that arise in the different stages in the life of a contract, from its creation to its dissolution. In particular students will: Understand how to apply basic principles of contract law to transactions between persons. Develop the ability to identify problems that may arise in a contractual relationship. Develop an ability to offer advice on how problems arising in a contractual relationship may be resolved.
LAW
Course description
3 ECTS - 84 hours
This course introduces students to the essential principles of the Law of Contract. These include the definition, and sources of contract law; the formation and binding force of contracts; the terms of a contract and their and interpretation; factors that affect the validity of contracts, rules relating to the performance of obligations under a contract as well as remedies for non-performance. Most countries have rules that deal with these essential questions but there is no single uniform law of contracts. National, regional and international rules can provide students with functional understanding of contract law principles. In addition, non-binding restatements of law, international principles also provide useful insight into solutions to contract law issues. In this course, the US Restatement (2nd) of Contracts, the Principles of European Contract Law and English Common Law are used to illustrate the operation of principles of contract law.
Lectures / Seminars
Lecture 1 - Introduction and Methodology of the Course Lecture 2 - Formation (1) : Offer and Acceptance Lecture 3 - Formation (2) : Intention / Consideration / Form Lecture 4 - Formation (3) Capacity / Vitiating Factors (Defects of Consent) (1) Lecture 5 -Vitiating Factors (Defects of Consent) (2) Lecture 6 - Discharge of Contract Lecture 7 - Remedies for Non performance
Skills 2 - Legal Advising By Mr. David den Dunnen North Atlantic Association Maastricht University
Dr. Tamara Lewis University College of Dublin Maastricht University Columbia University
Year 1 Quarter 2 Teaching Aims
To enable students to: - identify the steps to deliver legal advice tailored to clients based on the legal analysis of a simple and structured case; - recognize the consequences of the advice to the client; - identify appropriate written legal communication; - draft an appropriate legal product; - account for the use of sources by applying the proper citations protocol (OSCOLA); - understand and properly use legal English terms of art of relevant fields of law in their context
LAW
Course description
3 ECTS - 84 hours
The course will cover: - The form and delivery of legal advice to a client, based on a sound legal analysis of the issue(s) at hand; - The proper structuring of written communication; - Proper citations using OSCOLA; - Legal English terms of art used in their relevant context (including collocations).
Lectures / Seminars
Lecture 1 - Gathering the Facts from Your Client Lecture 2 - Client Interview Structure – Understanding the Process and Legal Setting Lecture 3 - Professional Legal Communication Lecture 4 - The Client Interview Lecture 5 - Team Meetings Lecture 6 - Legal Products Lecture 7 - What Medium Best Fits the Advice?
Corporate Law By Ms. Hyun-Ju Park Hogan Lovells Leiden University
Dr. Elif Erdemoglu University of Hamburg Manchester University Harvard Business School
Year 1 Quarter 3 Teaching Aims
At the end of the course, students: 1. have a basic understanding of the scope and subject matter of corporate law; 2. recognize and understand the core characteristics of a company or corporation; 3. understand and/or are able to recognize and/or reproduce core principles applying to a company or corporation; 4. can identify the main legal issues relating to companies or corporations; 5. understand the relevant provisions of company law in a legal systems under discussion; 6. can solve non-complex legal issues relating to companies or corporations
LAW
Course description
3 ECTS - 84 hours
This course introduces students to the basic concepts and principles of corporate law. Corporate law governs companies (also known as corporations), their formation, operation, and their dissolution. As regards terminology, both the term “company” and “corporation” will be used in this course as they are used in the jurisdictions we are looking into. The course first explains the key concept of the company or corporation. The definition of company or corporation is discussed, as well as its determining characteristics, such as legal personality, transferability of shares and limited liability. The differences between companies and other legal entities that can engage in business operations will be pointed out. The course continues with some details about the establishment or incorporation of a company (or corporation). Another important topic concerns how companies interact with the outside world. Students will learn about the important key actors of a company such as the directors (who act as representatives of a company) and the shareholders; we will study their function and how they are positioned in the company. We will also discuss various legal issues pertaining to the representation of a company by the directors (also known as board members) and duties of the directors. The course concludes with an introduction to the concept of dissolving companies or winding-up a company in selected jurisdictions. In the lectures the concepts and principles of corporate law will be introduced, whereas in the workshops we will look further into the legal issues pertaining to these. The workshops are therefore intended to further expand upon on the basic principles introduced during the lectures by means of class discussions
Lectures / Seminars
Lecture 1 - Introduction to Corporate Law: the UK, Germany, the Netherlands, and the US Lecture 2 - The Company and its core characteristics Lecture 3 - Incorporation or establishment Lecture 4 - Decision Making: Representation and the role of the Directors Lecture 5 - The role of the Shareholders – the relationship between the organs of a corporation Lecture 6 - Director’s Duties and Liability Lecture 7 - Dissolution and Winding-up
Tort Law By Mr. Jeff Dahl University of Miami University of Colorado Boulder
Year 1 Quarter 3 Teaching Aims
Upon completion of this course, a student will be able to: 1. Describe the fundamental concepts of tort law in both common law and in Book VI Draft Common Frame of Reference; 2. Identify the main rules that are applicable in tort law in both common law and in Book VI Draft Common Frame of Reference; 3. Compare the main differences and similarities in legal sources, legal reasoning and purposes of tort law between common law and European code based legal systems (as reflected in Book VI Draft Common Frame of Reference); 4. Analyze and resolve a simple and structured tort case in a common law or civil law jurisdiction; 5. Represent a client in a tort law case in a common law or civil law jurisdiction by applying appropriate formal requirements and writing in a persuasive way.
LAW
Course description
3 ECTS - 84 hours
Tort law, or non-contractual liability, determines legal responsibility, or “liability,� for the harms that people (and organizations, such as corporations) inflict on each other, intentionally or negligently. Unlike criminal law, which prosecutes wrong-doing on behalf of the State and the public at large, tort law provides the actual victim of wrongdoing with a remedy against the party responsible for their suffering. A tort claim provides both the opportunity for the injured party to be made whole as well as an opportunity to hold the responsible party accountable. Additionally, tort claims can serve as a corrective force on dangerous behavior. The kinds of occurrences that give rise to tort litigation happen all over the world: car accidents, toxic waste spills, punching and spitting; there is an almost infinite number of ways in which people inflict harm on each other. This course will study principles of tort law in both common law and European code based systems. Under common law systems students will gain a basic understanding of stare decisis and case law based principles by looking at cases from the UK and USA (where 50 state jurisdictions and a federal jurisdiction operate nearly independently with little overt effort to harmonize or make the laws consistent). By comparison, students will examine reasons behind the quest for a European Ius Commune and the different attempts to harmonize European tort law, i.e., the Principles of European Tort Law and Book VI Draft Common Frame of Reference dedicated to the non-contractual liability arising out of damage caused to another. The course will focus on the analysis of the rules on non-contractual liability contained in Book VI Draft Common Frame of Reference.
Lectures / Seminars
Lecture 1 - Introduction Lecture 2 - Questions of Intention Lecture 3 - Negligence Lecture 4 - Causation Lecture 5 - Defenses Lecture 6 - Strict Liability Lecture 7 - Remedies and Damages
Introduction to EU Law By Dr. Eva Maria Foldes Tilburg University University of Vienna Erasmus Rotterdam University
Mr. Guido Wilbers Leiden University AVRO Brocasting Company
Year 1 Quarter 3 Teaching Aims
At the end of the course, students will able • to comprehend the nature and hierarchic ranking of the sources of EU law; • to be able to explain the relation between domestic law and EU law; • to trace, read and understand the basics of the founding treaties; • to be able to explain the institutional framework of the European Union in terms of composition and competences, as well as to identify some of the most essential challenges in EU policy development related to the institutional framework.
LAW
Course description
3 ECTS - 84 hours
Introduction to EU Law aims to introduce students to the historical foundations and the development of the EU, the various sources of EU law, its institutional framework and the impact of the recent enlargement of the European Union. EU law is characterized by the multiplicity of legal sources, including primary law, international agreements, general principles of law, secondary law, case law of the Court of Justice of the European Union (CJEU) and soft law. The course deals with the composition and powers of the political institutions of the EU: European Commission, European Parliament, Council of Ministers, European Council and CJEU. Various issues are discussed: the difficult balance between supranationalism and intergovernmentalism, the “democratic deficit” of the EU, “Eurocriticism” as increasingly voiced in specific member states like the UK, and the institutional balance in the EU, particularly in view of the changes that are brought about by the Treaty of Lisbon.
Lectures / Seminars
Lecture 1 - Introduction - the origins of the EU and the EU’s development Lecture 2 - The sources of EU law Lecture 3 - The empowerment of the EU – transfer, division and control of powers; the principle of supremacy Lecture 4 - The EU institutions (I) : institutional overview; European Commission and European Parliament Lecture 5 - The EU institutions (II) : European Council and Council of the European Union Lecture 6 - The EU institutions (III) : Court of Justice of the European Union (CJEU); European Central bank; Court of Auditors; the EU’s advisory bodies; EU agencies Lecture 7 - Course review/overview; Q & A
Skills 3 - Representing By Dr. Tamara Lewis University College of Dublin Maastricht University Columbia University
Mr. Mark Hanna University of Essex University of Leiden New York Bar Queen Mary University
Year 1 Quarter 3 Teaching Aims
Upon completion of this course, a student should be able to do the following under supervision: • Differentiate between client interests and positions; • Explain the principles of representation; • Summarize the strategies for persuasive argumentation; • Construct an oral argument; • Identify basic negotiation modes; • Describe the goals of oral advocacy in litigation; • Explain the role(s) of lawyers when representing clients in mediation and arbitration; • Give comments to a peer regarding the content and structure of an oral argument
LAW
Course description
3 ECTS - 84 hours
The concept of representation is key competence of any legal professional. It is centred on identifying, managing and serving the interest of the client, while being cognisant of interests of other parties and the formal and institution setting. This calls for a proper understanding of the client and for the ability to identify and recognize the true needs of the clients. Legal representation has specific formats associated with it, including: pleadings in front of court, representation in alternative dispute resolution and construction of a contract. The course lays the foundation for the building of the competence.
Lectures / Seminars
Lecture 1 - Representation Defined. Client Relationship Lecture 2 - Responsibilities for Representation Lecture 3 - The Science of Persuasion Lecture 4 - Negotiation Lecture 5 - Litigation Lecture 6 - Alternative Dispute Resolution Lecture 7 - Representation in a Profession. Conclusion
Human Rights Law By Mr. Joris Sprakel Fischer Advocaten, Vrije Universiteit Amsterdam
Mr. Desmond Johnson University of Copenhagen
Year 1 Quarter 4 Teaching Aims
1. To enable students to understand the key concepts of Human Rights Law; 2. To prepare students read, find and understand Human Rights instruments as well as case law of various judicial bodies at the international, regional and national level; 3. To learn and practice case solving techniques.
Course description
3 ECTS - 84 hours
The course Human Rights Law will offer the students an introduction into International Human Rights Law. The course will take the students from the history of Human Rights Law, to the application of substantive human rights at the national and international level. The course deals with two introductory classes in which the history of human rights development will be discussed, as well as the various means of human rights protection (or monitoring/enforcement). In the lectures three through seven the classes will deal with substantive rights, ranging from the right to life to the right to education. The specific rights have been selected with the purpose of clarifying the most common mechanisms and levels of human rights protection. The right to life and the prohibition of torture for instance belong to the so-called non derogable rights, whereas the right to private and family life allows derogations under certain circumstances. The right to education finally can be used to explain that certain rights create positive obligations in which case the government is called upon to act, rather than to refrain from acting, in order to (fully) achieve the right. In the course Public International Law, the individual is discussed as subject of international law. Human beings have rights and obligations under international law. When obligations are violated lawyers can classify that within the subject of international criminal law and humanitarian law. When the (human) rights of individuals, such as life, liberty and welfare are violated, the individual may seek justice at an international court or claim rights at the national level while referring to international treaties.
Lectures / Seminars
Lecture 1 - Introduction to Human Rights Law Lecture 2 - Human Rights Enforcement Lecture 3 - The Right to Life & Prohibition of Torture and Inhuman and Degrading Treatment Lecture 4 - Equality & non-discrimination Lecture 5 - Right to Freedom of Expression Lecture 6 - Right to Private and Family Life Lecture 7 - Right to Education
LAW
EU Decision Making By Dr. Eva Maria Foldes
Course description
3 ECTS - 84 hours
Year 1 Quarter 4
The purpose of this course is to familiarize students with the EU secondary law making procedures and with the varying mechanisms of enforcement of EU law. The course will clarify the relationship between the national courts and the EU jurisdictional system, which relies on a cooperative mechanism of preliminary rulings and a clear division of competences. It will be shown that, while national courts are competent to apply EU law, only the EU courts may decide on the validity of EU law and have the ultimate authority to interpret it. The course will focus on actions that may be brought before the EU courts including enforcement actions, action for annulment and preliminary rulings. Some other mechanisms adding to the enforcement of EU law will be introduced in brief, before being taught more in-depth in Year 2: direct effect and state liability
Teaching Aims
Lectures / Seminars
Tilburg University University of Vienna Erasmus Rotterdam University
Mr. Philippe Reyniers European University Institute
1. To give an overview of the relevant developments in the area of decision making and enforcement of EU law. 2. To identify and explain the scope and subject matter of decision making in the EU as well as of the judicial remedies available for breaches of EU law at the Union level. 3. To analyze the relevant the case law of the Court of Justice of the EU. 4. To practice simple case-solving techniques.
LAW
Lecture 1 - Competences and procedures Lecture 2 - Enforcement of EU law (I): Legal effects of the EU legal order Lecture 3 - Enforcement of EU law (II): Preliminary rulings Lecture 4 - Enforcement of EU law (III): Actions in infringement Lecture 5 - Actions for annulment (I) Lecture 6 - Actions for annulment (II) Lecture 7 - Revision
Property Law (Comparative)
By
Dr. Elif Erdemoglu University of Hamburg Manchester University Harvard Business School
Year 1 Quarter 4 Teaching Aims
Upon completion of this course, a student should be able to: 1. Understand and apply the fundamental principles and rules of property law in both civil law (France and Germany) and common law (England & Wales) legal systems. 2. Understand the basic differences and similarities between common law and civil law legal systems with regard to property law. 3. Develop the ability to identify the legal issues related to property law and make decisions weighing up the relevant interests in a simple structured case, with supervision and instruction and no urgency.
Course description
3 ECTS - 84 hours
Property law is the law that pertains to the rights that a person has vis-Ă -vis third parties in respect to an object. In particular, two different types of property fall in the realm of property law: tangible and intangible properties. Examples of tangible (corporeal) property are land (immovable property) and goods (movable property) and examples of intangible (incorporeal) property are obligations and intellectual property rights. More in particular, property law deals with questions about what is a property right, what are the different types of property right and how can a property right be created, acquired, protected, transferred and destroyed. Even though property law has been and still is considered an area of law that has its roots in national law, several attempts have been made to unify and harmonize property law at international and European level in different ways (e.g. via binding international instruments, European Directives, soft law instruments or academics initiatives). This course will study and provide students with a basic comparative knowledge of the leading principles and rules of property law in both common law (England and Wales) and civil law legal systems (France and German). The basic principles of intellectual property law will also be introduced. This course will focus on the historical development of property law in the common law and civil law traditions and the recent attempts to harmonize property law at international and European level. Furthermore, under common law systems students will gain a basic understanding of property rights in respect to land and in respect to goods by looking at English and Welsh case law. By comparison, students will examine the dichotomy between possession and ownership and the types of property rights over immovables and movables in the French and German legal systems. Finally, the different steps of the life cycle of property rights from their creation to their destruction will be examined.
Lectures / Seminars
Lecture 1 - Introduction to Property Law Lecture 2 - Possession and Ownership Lecture 3 - Tangible Property Rights over Immovables and Movables in Civil Law Jurisdictions (France and Germany) Lecture 4 - Tangible Property Rights in Respect to Land and Goods in Common Law Lecture 5 - Creation of Property Rights Lecture 6 - Transfer of Property Rights Lecture 7 - Destruction of Property Rights
LAW
Skills 4 - Decision Making By Mr. Mark Hanna University of Essex University of Leiden New York Bar Queen Mary University
Year 1 Quarter 4 Teaching Aims
1. Identify the eight basic steps involved in the decision-making process 2. Know and apply the steps involved in the decision-making process to different scenarios, legal and non-legal 3. Identify and apply good writing techniques in communicating decisions 4. Learn and apply basic writing rules concerning structure and coherence 5. Be familiar with the Hart/Dworkin debate and the theory of the veil of ignorance, and how they affect the decision making-process.
LAW
Course description
3 ECTS - 84 hours
Decision-making incorporates a range of skills that you have already studied and practiced throughout the course. A good lawyer is a good decision-maker and a good writer: someone who not only knows and understands what the law states (i.e. legal analysis) but can also apply it and communicate it clearly in a concise, clear and coherent manner. As you progress in your degree, you will be faced with more complex legal scenarios: the facts leading to a dispute and/or applicable rule and the ensuing result would not always be self-evident. The same will happen in your career as a professional. While the degree of difficulty varies, the rationale behind the decision-making process remains essentially the same, so does the fact that you will need to communicate most of these decisions in written form This course breaks down in parts the simple process of decision-making to help you identify, be aware, and reflect on each one of its steps. It will make you apply such process to legal and policy scenarios. Since decisions needs to be, for most part, written, this course also places emphasis on writing style and how to improve your legal writing.
Lectures / Seminars
Lecture 1 - The process of taking a decision and writing it down: the madman, the architect, the carpenter and the janitor Lecture 2 - Easy and hard cases in law: the Hart/Dworkin debate Lecture 3 - A hard case in practice – the Case concerning jurisdictional immunities of the State (Germany v. Italy) before the ICJ Lecture 4 - Guest Lecture by Ms Goldah Matete, ICTY Chambers Lecture 5 - Who do you think you are? The veil of ignorance Lecture 6 - Honing IRAC Lecture 7 - Recap session
Project 1 Model United Nations
By
Dr. Marina Lostal University of Cambridge Xian Jiaotong University, European University Institute
Mr. Mark Hanna University of Essex University of Leiden New York Bar Queen Mary University
Year 1 Quarter 1-2 Teaching Aims
Upon completion of this project, a student should be able to do the following under instruction/supervision: Concerning File Management - Create and/or retrieve a case file and render it accessible - Monitor (a) deadline(s) - Organise an existing case file - Manage a case file when not urgent Concerning Organisation - Collaborate within a simple legal context - Retrieve simple legal (hard-copy and electronic) sources - Define (a) simple working process(es) - Recognise basic principles of process and quality management, knowledge and information management
LAW
Course description
6 ECTS - 168 hours
Model United Nations (MUN) is an experiential learning program that culminates in a final event, namely, a simulated meeting of an organ at the United Nations where each group of students represents a state. Every student enters the simulation as a newly hired young legal professional at a Ministry of Foreign Affairs of a given country. All members of the same tutor group are considered to be working on the same legal team and their tutor acts as their head of department at the Ministry of Foreign Affairs. During the duration of the project (periods 1 and 2) you and your team members will have to attend a series of lectures (6) and tutorials (16), and complete a number of individual and groups tasks that would prepare you and your team for the final event. The final event will revolve around the current situation in Afghanistan. The MUN project is designed to enhance the student’s knowledge, skills and attitude required to become a competent legal professional. It challenges students to think, be critical, learn to retrieve and manage information, plan and manage both individual and group work, conduct meetings, take minutes, make summaries, communicate professionally both orally and in writing.
Lectures / Seminars Non Applicable
Project 2 EU Crisis
By
Dr. Eva Maria Foldes Tilburg University University of Vienna Erasmus Rotterdam University
Mr. Piet Willems Ghent University
Year 1 Quarter 3-4 Teaching Aims
Upon completion of this course, students should be able to: 1. Understand and apply the fundamental principles of EU procedural and substantive law in a political, social and economic context, particularly draft amendments to a directive where the regulation competence is tested thoroughly. 2. Understand the basic differences and similarities between the integrated competences of the European institutions and the prerogatives of the Member States in order to include them in a position paper (representation competence). 3. Develop the ability to identify the legal (and related) issues before a political decision is made and advise on weighing up the relevant interests in a simple but structured case, with guidance and instruction and some elements of urgency.
LAW
Course description
6 ECTS - 168 hours
The project primarily covers elements of EU procedural and substantive law. The scenario brings the students into a fictional subject matter dealing with the Healthcare policy of a Member State of the European Union. Students will gain a basic understanding of the interplay between the different legal systems, the interests of different parties to (international) disputes and the challenges faced by the lawyers who advise them. Students will be expected to develop competences in legal advising, legal regulation, communication, teamwork and selfguidance. The elements used in the European Union (EU) Crisis project are not only applied to European affairs but also to national government decisions, communication of the position of national assemblies, interaction with ministries and committees responsible for adopting binding rules or non-binding opinions. EU procedural law is the reference preventing malfunctioning issues in the machinery involving 28 Member States and 7 EU institutions. In this project the students of the International and European Law Program of The Hague University of Applied Sciences take their first practical steps into EU affairs. Students will go through various activities a specialist of EU affairs would likely engage in over their career in different institutions and at different levels of responsibility. They will review, analyse and create various legal products belonging to the EU sphere. They will have to defend their position in front of lecturers familiar with EU cases. Dealings with responsibilities delegated to them by several decision-makers, students will practice the skills connected to legal advising, drafting regulations and representing interests, as explained in the skills training. Students will be provided with facts, models of position papers, and a proposed directive, modelling the existing legislative procedure in the European Parliament based on an initiative of the European Commission. Upon successful participation, students will understand the fundaments of what European affairs entails
Lectures / Seminars Non Applicable
Family Law (Comparative)
By
Dr. Ian Sumner University of Cambridge Utrecht University
Ms. Annemarie Van Toom
Year 2 Quarter 1 Teaching Aims
Students of the Family Law course will develop an understanding of the basic problems facing family law throughout the world. Reference will be made to many different legal systems throughout the course, including various European jurisdictions, as well as the Inter-American jurisdiction.
Course description
3 ECTS - 84 hours
The course deals with the various sources of family law in different jurisdiction. Each week will discuss a different area of family law centered on the three fundamental pillars of family law around the world: adult relationships, parent-child relationships and financial aspects of such relationships. During the lectures, the main structure and principles of a particular area of family law will be discussed. The main aim of the lectures is to introduce students to the basic tents, after which they will be better equipped to discuss landmark cases in family law during the workshops. The workshops are, therefore, intended to further expand upon on the principles introduced during the lectures by means of in-class exercises designed to spotlight critical family law issues in different regions of the world and explore the diversity of approaches to resolving them, among them will examine the human rights concerns encountered by many aspects of Family Law. Students of the Family Law course will develop an understanding of the basic problems facing family law throughout the world. Reference will be made to many different legal systems throughout the course, including various European jurisdictions, as well as the Inter-American jurisdiction.
Lectures / Seminars
Lecture 1 - Legal constructs of family: Sources and principles of law Lecture 2 - Adult relationships: Marriage and divorce Lecture 3 - Adult relationships: Non-marital relationships Lecture 4 - Parent-child relationships: Parentage Lecture 5 - Parent-child relationships: Custody and parental responsibility Lecture 6 - Parent-child relationships: Adoption Lecture 7 - Financial aspects: Maintenance and relationship property law
LAW
EU Public Law By Dr. Eva Kassoti University of Bristol
Mr. David Nederlof University of Amsterdam
Year 2 Quarter 1 Teaching Aims
At the end of the course, students have 1. Deepened their understanding of the scope and subject matter of European Union Public Law; 2. Become familiarised with the most recent scholarly, legislative and policy developments in the field of constitutional and administrative law of the EU; At the end of the course, students can 3. Read, understand and apply the relevant provisions of the EU Treaties, of secondary EU legislation and of the case law of the CJEU in relation to the themes of European Union Public Law that are discussed throughout this course.
LAW
Course description
3 ECTS - 84 hours
This course will present a selection of the main themes of European Union Public Law. It will focus on the founding principles of European Union law, most notably direct effect and primacy, which make it so unique and which have resulted in its supranational nature. In addition, this course will deal with the relation between the European legal order and the legal orders of the member states, state liability, the central role of fundamental rights, and relations between the EU and international legal order. Due to the central role of the CJEU in all this, the analysis and understanding of the CJEU’s case law is essential for this course. In a stimulating setting students are challenged to actively engage in extending their knowledge of several themes of European Union Public law, providing a solid basis for a further deepening thereof in other courses.
Lectures / Seminars
Lecture 1 - The Principle of Direct Effect I Lecture 2 - The Principle of Direct Effect II Lecture 3 - State Liability Lecture 4 - EU General Principles and Fundamental Rights I Lecture 5 - EU General Principles and Fundamental Rights II Lecture 6 - The interplay between the EU and the international legal order Lecture 7 - Revision
European Criminal Law By Dr. Els de Busser Max Planck Institute Ghent University
Dr. Luca Pantaleo Asser Institute University of Luxembourg University of Oslo Max Planck Institute
Year 2 Quarter 1 Teaching Aims
1. To enable students to understand the guiding principles and key concepts in the area of Criminal Justice in Europe, including the origin and further developments of this policy area by the Council of Europe and the European Union. 2. To prepare students to read and understand the legal instruments adopted by the Council of Europe and the European Union in the area of Criminal Law, as well as the case law of the European Court of Human Rights and the Court of Justice of the EU in this area. 3. To develop the students’ ability and skills in order to ensure correct application, in practice, of the European legal instruments, European case-law and national legislations adopted by the Member States
LAW
Course description
3 ECTS - 84 hours
This Course provides a comprehensive overview of the guiding principles, key concepts and legal instruments adopted by the Council of Europe and the European Union in the area of criminal justice. It also covers the role of the European Court of Human Rights and of the Court of Justice of the European Union with regard to the protection of the fundamental rights of individuals. The Course starts with an introduction to the origin and to the first legal instruments of judicial cooperation in criminal matters adopted by the EU and the Council of Europe. It focuses on the increasing role of the European Union in this field with the setting up of and further developments in the Area of Freedom, Security and Justice. The leading role of the European Court of Human Rights in the protection of the fundamental rights of suspects and victims of criminal offences is examined in detail. Current competences of the Court of Justice of the EU in the protection of fundamental rights after the Treaty of Lisbon and on the basis of the Charter of Fundamental Rights of the EU are also covered. Three main elements are analysed afterwards. First, the legal instruments of police judicial cooperation in criminal matters adopted by the Council of Europe and the European Union, and the practical application of such legal instruments by the national authorities of the Member States. Second, the policy measures and legal instruments aimed at ensuring certain harmonisation of criminal offences and sanctions related to certain forms of serious crime. Third, the mission to be carried out by the EU agencies (Europol, Eurojust, Frontex, eu-LISA and others, as OLAF) and networks (European Judicial Network, the Expert Network on Joint Investigation Teams) with competences in the area of criminal justice. The course ends with an analysis of the Commission proposal for the setting up of a European Public Prosecutor’s Office, and of further developments in the Criminal Justice Area in the light of the Treaty of Lisbon and the new multi-annual programme replacing the Stockholm Programme.
Lectures / Seminars
Lecture 1 - Introduction to European Criminal Law: History and Development Lecture 2 - EU Competences, Legislative Processes and Institutions in the Field of Criminal Law Lecture 3 - Sources and General Principles of EU Criminal Law Lecture 4 - Mutual Recognition and the European Arrest Warrant Lecture 5 - Substantive EU Criminal Law and ‘Euro Crimes’ Lecture 6 - Fundamental Rights and Defence Rights Lecture 7 - Agencies and Bodies of the EU with Competences in Criminal Matters. The European Public Prosecutor’s Office. Future Developments.
International Labor Law By Ms. Stefania Marassi Maastricht University University of Trento Tillburg University ICTY
Mr. Mark Hanna University of Essex University of Leiden New York Bar Queen Mary University
Year 2 Quarter 2 Teaching Aims
1. Identify, interpret and classify fundamental concepts of labor law, primarily through an international legal perspective, with direct relevance to most domestic systems. 2. Develop legal reasoning skills by comparing and contrasting, as well as debating and critiquing labor law issues at the international, regional and domestic law level. 3. Develop the ability to identify legal issues related to labor law and provide a legal advice tailored to the client and with the appropriate formal requirements that weighs up the relevant interests in a simple and structured case with interim supervision and no urgency.
LAW
Course description
3 ECTS - 84 hours
International labor law stands at a major confluence of economics, ideology, politics and sociology. The conflict between labor and capital has been a primary driver of change in the geopolitical landscape since the industrial revolution. The primary purpose of labor law is providing order and stability at this convergence of societal pressures. Labor law is the international legal mechanism for regulating the exchange between labor and capital. International labor law also serves the purpose of identifying and operationalizing basic concepts of worker protection as well as supporting improved labor conditions around the world. This course will identify and explore basic principles of labor law. The fundamental concepts of labor law will be examined primarily in the international legal context. Supporting materials will demonstrate how the same principles are treated in both regional and domestic legal regimes. The course work will focus on the basic elements of labor law by first introducing the subject in light of the political, economic, social changes since the industrial revolution. The subject area will be further defined with respect to the variety of labor/capital relationships that may or may not be indicative of a labor contract. The student will be introduced to the legal sources of labor law and asked to compare and contrast both the sources and basic legal principles as they appear in the various sources. Next, the various roles of government in labor law will be reviewed. Considerable class time will be devoted to the critical concepts of freedom of association, collective bargaining and collective agreements, as well as fundamental rights in the work place. In addition, a lecture will focus on unfair dismissal and the various legal mechanisms for resolving labor disputes. The last lecture will address child labor and forced labor.
Lectures / Seminars
Lecture 1 - Introduction Lecture 2 - Sources of labor law Lecture 3 - Governmental policies in pursuit of minimum labor standards on a global basis Lecture 4 - Freedom of association and collective bargaining Lecture 5 - Unfair dismissal and conflict resolution in labor law Lecture 6 - Fundamental rights in the workplace Lecture 7 - Workers on the fringe: forced labor and child labor
Internal Market Law By Dr. Luca Pantaleo Asser Institute University of Luxembourg University of Oslo Max Planck Institute
Mr. Philippe Reyniers European University Institute
Year 2 Quarter 2 Teaching Aims
1. To discuss and analyse EU substantive law and the four fundamental freedoms (free movement of goods, persons, services and capital); 2. To understand and apply key concepts of internal market in the practical, everyday problems faced by the individuals and the businesses; 3. To find and understand the law in the case law of the Court of Justice.
LAW
Course description
3 ECTS - 84 hours
This course tackles the main aspects of the internal market of the European Union. The starting point of the course is the economic and legal rationale of the internal market, including its evolution and the stages of economic integration, the benefits of having free trade. The general principle of non-discrimination on grounds of nationality is of special interest as it underpins the internal market and its freedoms. This is followed by an in-depth discussion of the four freedoms of the internal market free movement of goods, persons, services and capital. Free movement of goods occupies an important part of the course with a focus on tariff and non-tariff barriers to trade and prohibited discriminatory taxation. The most challenging part of the course is dealing with the various definition of measures having an equivalent effect to quantitative restrictions. Free movement of workers has always been one of the key issues on the agenda of the European Union. Since the creation of the Communities in 1950s, it came a long way from movement of workers to movement of persons. Now there are important question to be answered concerning the rising number of migrant works moving from East to West and from South to North amongst soaring unemployment in all EU MS and an increase in anti-EU feelings. Next, the course focuses on the distinction between the right of establishment and freedom to provide services. The special focus on case solving aims to give insight into the application of the EU free movement law. The case law of the Court of Justice on the four fundamental freedoms is thoroughly studied.
Lectures / Seminars
Lecture 1 - Introduction Lecture 2 - Free movement of goods I Lecture 3 - Free movement of goods II Lecture 4 - Free movement of workers Lecture 5 - Citizenship of the EU Lecture 6 - Right of establishment Lecture 7 - Free movement of services. Free movement of capital and payments (overview)
Advanced Corporate Law By Ms. Hyun-Ju Park Hogan Lovells Leiden University
Dr. Barbara Warwas European University Institute University of Wroclaw International Court of Arbitration GE Oil & Gas
Course description
3 ECTS - 84 hours
Advanced Corporate Law builds further on earlier acquired knowledge concerning corporations; it discusses legal issues in corporate law and their legal policy aspects from a comparative law perspective with a focus on the laws of the dominantly influential jurisdictions in and outside Europe, being Germany, the UK and the US. Topics include corporate governance structures (internal and external control mechanisms), the interaction between the several organs of a company, and decision-making mechanisms.
Year 2 Quarter 2
Students will look into legal issues deriving from the interaction between the organs of the company, for example the interaction between the board of directors and shareholders or between several shareholders: matters of representation, conflict of interests, liabilities and voting among shareholders will be discussed.
Teaching Aims
Lectures / Seminars
At the end of the course, students have 1. deepened their understanding of the scope and subject matter of comparative corporate law; 2. furthered their ability to identify the main legal issues relating to corporations in the legal systems under discussion 3. deepened their understanding of the differences and similarities between corporate law approaches in the legal systems under discussion 4. studied the main legal issues relating to advanced corporate law from a comparative law perspective by studying their text book and examples of corporate legal issues in case law
LAW
Lecture 1 - Introduction – Comparative corporate law Lecture 2 - Corporate Governance I: Internal mechanisms for control of Board of Directors Lecture 3 - Corporate Governance II: Shareholder’s influence on the decision-making Lecture 4 - Shareholder’s Duties & Enforcement of Shareholder’s Rights Lecture 5 - The Corporation´s Capital Lecture 6 - Taxation of Legal Persons and their Owners Lecture 7 - Liability of Shareholders: Pre-incorporation and Introduction to Corporate Veil doctrine
International Trade Law By Dr. Abiola Makinwa Erasmus Rotterdam University
Dr. Barbara Warwas European University Institute University of Wroclaw International Court of Arbitration GE Oil & Gas
Year 2 Quarter 3 Teaching Aims
Upon completion of the course students will understand: 1. The objectives of the multilateral trading system. 2. The international legal framework in which trade between nations takes place. 3. Key non-trade issues affecting WTO negotiations. Upon completion of this course, a student should be able to: 4. Identify and recognize legal issues in an international trade dispute. 5. Apply international trade law rules to provide legal advice with respect to an international trade dispute. 6. Identify the different social and business interests that impact on decision making in trade related matters.
LAW
Course description
3 ECTS - 84 hours
International trade is influencing many aspects of modern life. Across the world, consumers purchase and use products and services produced in or originating from other countries and subsequently delivered to the country of use. Economic theory demonstrates that by creating ‘one’ world market, producers, or even whole countries, can specialize in certain products leading to maximized quality and low prices. International trade law deals with the legal aspects of this global distribution of products and services, the rights and obligations that states (and sometimes multi-national corporations) have in that respect, and the World Trade Organization (WTO), being the key international organization in the field. The course introduces the students to the main elements of international trade law and requires them to solve cases of contemporary global trade issues. As the central body of law that provides both the substantive and procedural legal framework, the law of the WTO is studied, including but not limited to the Marrakesh Agreement, the GATT 1994, various special agreements and the TRIPS. As such, the institutional aspects of the WTO will be discussed, building on the course on Law of International Organizations. Subsequently the WTO dispute settlement mechanism will be discussed. The WTO dispute settlement mechanism has produced a jurisprudence that allows insight in the substantive areas of non-discrimination, market access, unfair trade, liberalization of markets and harmonization of rules within markets. These subjects form the subsequent content of the course. Non-discrimination is the central idea of trade law, resulting in two main obligations of states: to treat foreign traders and/or their products equally or according to the standards of the most-favored-nation, and the obligation to treat foreign traders and/or their products not less favorable than the national producers and their (similar) products. Treatment includes tariff barriers, other tax measures, statutory requirements on product quality, marketing, administrative establishment of a business, etc. Market access and unfair trade (dumping and state aid) are two other important areas of discussion that shape the understanding of the objectives of the WTO and the application of the legal rules.
Lectures / Seminars
Lecture 1 - From Bretton Woods to the Establishment of the WTO Lecture 2 - The WTO Dispute Settlement Mechanism Lecture 3 - The Main Elements of GATT 1994 Lecture 4 - Rules on Unfair Trade Lecture 5 - The Main Elements of GATS Lecture 6 - The Main Elements of TRIPS Lecture 7 - Balancing Trade and Non-Trade Concerns: Looking Forward
Human Rights Enforcement
By
Ms. Catherine van Hoogstraten Erasmus University International Criminal Court Amnesty International
Mr. Philippe Reyniers European University Institute
Course description
Without enforcement mechanisms in place it is often difficult for individuals to claim their respective human rights. In international law there is a wide variety of different enforcement mechanisms. These mechanisms offer the individual a varying degree of protection against human rights violations. The least protective mechanism is the State reporting system. The most protective system is the individual complaints mechanism. Other mechanisms, such as inter State complaints, collective complaints, and the Universal Periodic Review (UPR) stand somewhere in the middle.
Lectures / Seminars Year 2 Quarter 3 Teaching Aims
Students should: - Be aware of the different human rights enforcement mechanisms available - know advantages and disadvantages of different systems from an enforcement point of view - be able to apply the relevant rules and regulations of the various mechanisms - be able to interpret the outcomes / judgments / findings of the various mechanisms - be able to determine standing and admissibility independently - be able to represent the side they are assigned to represent independently
LAW
3 ECTS - 84 hours
Lecture 1 - Introduction to Human Rights Enforcement Lecture 2 - Reporting Mechanisms Lecture 3 - Universal Periodic Review Lecture 4 - Complaint mechanisms Lecture 5 - Individual Complaints Procedures in the (Pre-)Merits Phase: Provisional Measures and Third Party Interventions Lecture 6 - Individual Complaints Procedures in the (Pre-)Merits Phase: Friendly Settlement, Unilateral Declaration, and Reparations Lecture 7 - Individual Complaints Procedures in the Execution Phase and Pilot-judgment procedures
International Criminal Law
By
Ms. Szilvia Csevar Special Court for Sierra Leone International People’s Tribunal CAH in Indonesia
Dr. Marina Lostal University of Cambridge Xian Jiaotong University European University Institute
Year 2 Quarter 3 Teaching Aims
In its role as a second-year international law course, the goals of this course are for the student to be able to: 1. Demonstrate knowledge of the principles and rules of international criminal law with precision 2. Interpret (sometimes conflicting) legal sources and apply the law to new factual scenarios 3. Identify the legal interests of others and argue in favour of a particular position; criticize the legal argument of the opposing side and persuade a decision-maker.
LAW
Course description
3 ECTS - 84 hours
International criminal law is focused on punishing individuals for violations of crimes that are so serious that they can be considered crimes committed against the entire international community. When countries experience atrocities, they have some choices in how to repair their society. They can prosecute the crimes on the national level, or perhaps another country will do so. In some cases, the international community may establish a special international tribunal. Whichever country or international tribunal prosecutes; it must first ensure that it has jurisdiction. If it does, then it divides the crime that must be proved into small pieces, or “elements”, and requires proof of each before it can determine if the person is responsible. Even if the tribunal is satisfied, the tribunal might still not be able to find the person responsible if the person had a good reason for committing the act. In the course of this inquiry, the tribunal must follow certain procedures for a fair trial. This is an introductory course in International Criminal Law. This course will build on students existing knowledge of criminal law (comparative and European) to take those discussions to a new and unusual criminal law system, those crimes that are “international”. This course will discuss the concept of jurisdiction, specifically criminal jurisdiction, how it is acquired, and limitations, such as immunity for heads of state and diplomats. This course will apply students’ existing knowledge of the concept of the element of a crime to the context of war crimes, crimes against humanity, and genocide. Moving beyond, it will also examine the forms of prohibited behavior, including responsibility of commanders for their troops, and excuses or justifications, such as acting in self-defense or insanity.
Lectures / Seminars
Lecture 1 - Foundations and Principles of International Criminal Law Lecture 2 - Use of Force and International Humanitarian Law Lecture 3 - Core Crimes I: War Crimes & Aggression Lecture 4 - Core Crimes II: Crime against Humanity & Genocide Lecture 5 - Principles of Individual Criminal Responsibility: Modes of Responsibility Lecture 6 - Principles of Individual Criminal Responsibility: Excuses/Justifications Lecture 7 - Jurisdiction, Admissibility & Immunity
International Organizations Law
By
Mr. David den Dunnen North Atlantic Association Maastricht University
Mr. William Worster UMKC Leiden University ICTY Law Office A.E.Gustafsson P.C.
Year 2 Quarter 4 Teaching Aims
1. Establish a basic understanding of the general structure and operation of the legal regime of International Organizations 2. Acquire general knowledge of the United Nations-systems and the distribution of tasks between the UN organs 3. Develop a general understanding of the role the UN, autonomous agencies, and regional organizations play in the current world order
LAW
Course description
3 ECTS - 84 hours
International Organizations (IOs) are organizations that work on a transnational level and that have been founded by a treaty. This definition therefore excludes International Non-Governmental Organizations (INGOs) and Trans-National Corporations (TNCs). International Organizations are founded where there is a need or political want for them. This course builds on students’ knowledge of the basic tenets of Public International Law, introduced in Period 1. This course is an introduction to the Law of International Organizations. The course will focus on IOs that work on a global level, more specifically the United Nations. Where necessary regional IOs will be referred to. The historical development, and the definition and categories/classification of IOs will be the subjects of the first lecture. The United Nations is an IO that has six main bodies. In lecture 1, the relationship of IOs with Member States (admission, suspension and expulsion of members), as well as the types of membership will be discussed. Lecture 1 will also focus on legal personality of international organizations, and it will deal with powers and functions of IOs. Lecture 2 is dedicated to the law of the UN system, with emphasis on the functions of the organization, its agencies and the relationship of three principal organs. Also, the Organisation of American States (OAS) will be discussed as an example of a regional institution. Finally, aspects of peacekeeping and peace-enforcement will be touched upon.
Lectures / Seminars
Lecture 1 - Overview: History, Definitions and Types of International Organizations Lecture 2 - Creation of a New International Legal Person Lecture 3 - Membership in an International Organization Lecture 4 - Organs, Sub-organs and Agencies of the United Nations Lecture 5 - Decision-Making and Governance in the UN: Powers and Procedures Lecture 6 - Accountability of the UN and Its Employees: Immunities and Responsibility Lecture 7 - The Role of the UN in International Peace and Security
Competition Law (EU)
By
Dr. Eva Kassoti University of Bristol
Mr. Piet Willems Ghent University
Year 2 Quarter 4 Teaching Aims
Upon completion of this course, a student should be able to do the following with supervision as required: 1. To enable students to analyse key issues of EU Competition law; 2. To prepare students to find, read and understand the relevant case-law of the CJEU; 3. To practice case solving.
LAW
Course description
3 ECTS - 84 hours
The course covers the main principles of EU Competition law, its scope of application and economic background. One of its core tasks is to define key concepts such as relevant market, market share, undertaking and agreement. The key topics include the prohibition of anti-competitive agreements Article 101 Treaty on the Functioning of the European Union (TFEU), the prohibition of an abuse of a dominant position under Article 102 TFEU, supervision of concentrations (mergers and acquisitions) and EU rules on state aids. Furthermore, an essential part of the course is dedicated to the relationship between EU and national competition law, application of EU competition law by the national and Union courts, enforcement by the European Commission and by national competition authorities. The main focus is on the relevant legislative framework, on the leading cases of the Court of Justice of the EU and on European Commission decisions. All topics are taught through the case method – students must read the cases and literature in advance and be prepared to contribute to discussion in class.
Lectures / Seminars
Lecture 1 - Introduction Lecture 2 - Analysis of Article 101 TFEU Lecture 3 - Classes of Agreements caught under Article 101 TFEU Lecture 4 - Abuses of Dominant Position, Article 102 TFEU Lecture 5 - Control of Concentrations Lecture 6 - State aid Lecture 7 - Enforcement & Procedure
Civil Procedure (Comparative)
By
Dr. Elif Erdemoglu University of Hamburg Manchester University Harvard Business School
Mr. Szilvia Csevar Special Court for Sierra Leone International People’s Tribunal CAH in Indonesia
Year 2 Quarter 4 Teaching Aims
1. Identify and understand the function of the main stages of an adjudicative process 2. Identify and understand basic principles of procedural law in the context of transnational litigation
Course description
3 ECTS - 84 hours
This is an introductory course to procedural law and adjudication on the national and the international level. National and international courts and tribunals form the backbone of their respective legal systems. Their performance largely determines the quality of law as a system of binding legal norms that command the respect of their corresponding social groups. In that context, the peaceful settlement of disputes on the national or international level through adjudicative processes is considered as a landmark of the development of human civilization. This course aspires to present an introduction to the organization of courts and tribunals on the national and international plane, as well as certain basic principles of procedure that underline their operation. In explaining national systems, it is necessary to highlight the traditional dichotomies between civil, administrative and criminal adjudication mechanisms and the nature of the parties involved in disputes before these courts. In order to familiarize the first year students of the Bachelor of law program with these processes, three are the main objectives of this course; first, to explain the organization of courts on the national level, secondly to explain their organization on the international level, and thirdly to provide certain basic rules of procedure that underline their operation. In that sense, the aim of this course is to provide to the students the basic vocabulary of procedural law. In addressing these basic standards of international adjudication, a comparative approach will be taken as regards common and civil law systems and their respective solutions to problems of adjudication.
Lectures / Seminars
Lecture 1 - Introduction to Civil Procedure Lecture 2 - Parties to Proceedings Lecture 3 - Structure of the Proceedings Lecture 4 - Parties to Proceedings (part 2) - Court Management Lecture 5 - General Principles - Evidence Lecture 6 - Judgments - Enforcement - Appeal Lecture 7 - Lis Pendens and Res Judicata - Alternative Dispute Resolution - International Recognition
LAW
Skills 5 Legal Analysis 2
By
Mr. Jeff Dahl University of Miami University of Colorado Boulder
Dr. Tamara Lewis University College of Dublin Maastricht University Columbia University
Year 2 Quarter 1 Teaching Aims
- To have students understand and develop different styles of legal analysis and problem-solving skills within both civil law and common law contexts. - To have students apply different styles of legal analysis and problem-solving skills to a variety of cases. - To have students qualify relevant facts in different legal contexts on the basis of details given and to be researched. - To have students write persuasive and coherent legal documents for a variety of audiences (internal memoranda, opinion letters, court submissions) and effectively edit their work.
LAW
Course description
3 ECTS - 84 hours
Legal Analysis II is differentiated from Legal Analysis I (IRAC) in the complexity of the context of the analysis: ability to reason from code-based systems and case law. This course will cover body of knowledge material related to the categories “Practical Legal Research” and “Legal Information Methods.”
Lectures / Seminars
Lecture 1 - Introduction to Legal Analysis and Reasoning Lecture 2 - Statutory Analysis Lecture 3 - Creating the Coherent Argument Lecture 4 - Analyzing Case Law Lecture 5 - Analyzing Case Law Part II Lecture 6 - Introducing and Concluding Lecture 7 - Opinions of Experts and Scholars
Skills 6 Legal Advising 2
By
Mr. Paul Garlick OSCE Furnival Chambers Special Department for War Crimes
Ms. Diane Turner Kelliher & Turner Ministry of Attorney General of Ontario King College of London
Year 2 Quarter 2 Teaching Aims
Students will be introduced to the following topics pertaining to international negotiations: - The context and settings of different forms of international negotiation; - The actors involved: states, non-state actors (NGOs), and their dynamics; - The principle elements of international negotiation, including stakes and interests, strategy and tactics, goals and outcomes; - Treaty negotiation and treaty-drafting, including the analysis of travaux prĂŠparatoires and past successful negotiation processes and their legal implications.
LAW
Course description
3 ECTS - 84 hours
International negotiations are typically processes based on dialogue between two or more (state) parties, intended to reach an understanding, resolve a point of difference, and/or gain advantage in outcome. Legal practitioners are regularly engaged in negotiations when closing contracts, drafting legislation or representing states in international treaty negotiations. Therefore, students will be introduced to the following topics pertaining to international negotiations:
Lectures / Seminars
Lecture 1 - Introduction: different types of advice and different settings Lecture 2 - Ethics Lecture 3 - Client Conference - special needs and cross cultural communication Lecture 4 - The expert witness Lecture 5 - Legal advice in a multi-level setting Lecture 6 - Delivering advice orally Lecture 7 - Delivering advice in writing
Skills 7 Representing 2
By
Mr. Paul Garlick OSCE Furnival Chambers Special Department for War Crimes
Year 2 Quarter 3 Teaching Aims
Workshops will provide students with the challenge of developing case theories and presenting oral arguments. Peer review exercises will help students to identify effective advocacy, allowing them to observe and to put into practice the skills which they have identified in others.
LAW
Course description
3 ECTS - 84 hours
Advocacy is an important skill for legal professionals working in organisations and on legal teams. Both inside and outside of a team, the need to persuade others in face-to-face meetings will often arise. The ability to use facts and law to communicate orally is enhanced when information is communicated in an organized and interesting way that is both clear and delivered confidently, without reading a text. The need to use the IRAC approach is as important with oral advocacy as it is with written advocacy, and practice makes perfect. The course begins with a study of advocacy and rhetoric and a survey of some of the basic tools of oral advocates. The roles of legal professionals and lawyers in international tribunals will be discussed, and advocacy tools appropriate for those forums will be examined with a continuing focus on processes of oral advocacy and persuasion.
Lectures / Seminars
Lecture 1 - Introduction to Oral Advocacy. An explanation and demonstration of the purpose of and distinctions between: examination-in-chief; cross-examination and re-examination Lecture 2 - Explanation and demonstration of how to carry out a case analysis and prepare a case theory Lecture 3 - Explanation and demonstration of the preparation of skeleton arguments and written submissions Lecture 4 - Explanation and demonstration of the preparation of opening and closing speeches Lecture 5 - Appellant Advocacy and Advocacy before International Tribunals and Courts Lecture 6 - Mock trial (Prosecutor -v- Robert Walkinshaw) part I - the prosecution case Lecture 7 - Mock trial (Prosecutor -v- Robert Walkinshaw) part II - the defence case
Skills 8 Decision-Making 2
By
Dr. Nadia Banteka MaxPlanck Institute University of Pennsylvania ICTY
Year 2 Quarter 4 Teaching Aims
The class will focus on decisions made by legal professionals in resolving disputed matters and, in particular, on the choice to pursue a negotiated or adjudicated decision in the context of the ADR spectrum, including mediation.
LAW
Course description
3 ECTS - 84 hours
We make decisions all the time in every aspect of life. The legal profession, as a problem solving profession, requires constant decision making, often with considerable consequences. Our training as legal professionals, as well as the experience we gain on the job, does not necessarily make us good decision makers. Studies show that experienced lawyers make bad decisions too frequently. Poor decision making is not the result of a lack of expertise. Poor decision making results from the failure to incorporate decision making methodology. This class will explore many of the decision making roles legal professionals find themselves in. We will examine some of the reasons legal professionals make poor decisions. Most importantly you will learn and apply decision making methodologies developed to help you make better legal decisions.
Lectures / Seminars
Lecture 1 - Introduction to decision making methods and obstacles to good decision making Lecture 2 - Issue identification Lecture 3 - Claims and their exploration Lecture 4 - Options for resolution Lecture 5 - Analysis of options for resolution Lecture 6 - Choice of option Lecture 7 - Implementation of decision
Project 3 Due Diligence
By
Dr. Barbara Warwas EUI, University of Wroclaw International Court of Arbitration GE Oil & Gas
Ms. Zahra Mousavi Iran-US Claims Tribunal, BILS, University of Leicester, Azad University of Tehran
Year 2 Quarter 1-2 Teaching Aims
Upon completion of this course, a student should be able to: 1. Understand and participate in the key stages of M&A process in a corporate context, in particular in a due diligence stage where the file management competence is tested thoroughly. 2. Understand the basic differences and similarities between the properties (assets) and shares of a company and a group of companies in order to include them in a draft contract for the client (competence “regulation�). 3. Identify the legal (and related) issues emerging prior to the decisions regarding acquisition of large companies and provide effective communication for clients after weighing up their relevant interests in a complex structured case, under supervision and pressure.
LAW
Course description
6 ECTS - 168 hours
Due diligence is part of the M&A and corporate restructuring process, a common practice in corporate financial affairs. As such, due diligence involves a variety of skills including legal analysis, advising the clients, representing clients’ interests and helping them arrive at complex decisions regarding commercial transactions. M&A can be understood by way of the nature of merger. One example of a M&A process is when two (acquiring) companies simply agree to takeover two other (target) companies by incorporating all the activities of the two previous companies. Due diligence is necessary to identify the potential issues inside and outside the target companies (i.e. problematic contracts, litigation risks, liabilities, financial issues) arising before and at the time of the M&A process, as they are determinative of the future of the newly formed company. Another example would be when the owners and decision-makers of a dominant company decide to acquire (buy) a smaller company. Here, the role of lawyers engaged in due diligence process is to identify any potential financial, structural, and legal issues relating to the company to be acquired so that the buyer can understand its potential future obligations and risks before committing to the transaction. It is therefore necessary that M&A lawyers conducting due diligence have good knowledge of different bodies of law (i.e. corporate law tax law contract law) in jurisdictions in which M&A process is conducted in order to be able to: (1) properly assess the risks involved; (2) protect their clients against those risks; and/or (3) identify any and all legal consequences coming from those risks.
Lectures / Seminars Non Applicable
Project 4 ICC Moot Court
By
Ms. Szilvia Csevar Special Court for Sierra Leone International People’s Tribunal CAH in Indonesia
Mr. William Worster UMKC Leiden University ICTY Law Office A.E.Gustafsson P.C.
Course description
The project is structured to be a litigation exercise engaging with the applicable regulations (“Elements of Crimes”), while it necessitates legal analysis and representation, among other competences, the instruction and evaluation focus is on students’ ability to advocate for an interpretation of the law most in favour of the students’ client. All students will be required to assume the role of a legal professional, either as a defense lawyer representing his or her client, or as the prosecutor representing, in this case, the international community. In taking up their role, students need to take a fully professional approach: in searching for the relevant facts and evidence, in relating these to the law and jurisprudence, in advocating for revising the underlying regulatory approach of the law, and in presenting their argument in written and oral pleadings. During the moot court each student will perform his or her specific task, in effective coordination with the other members of the team, aimed at correctly handling the case in the appeal of a criminal conviction. By the end of this course the students will have developed their communication (advocacy) and organization (teamwork) skills.
Year 2 Quarter 3-4 Teaching Aims
In its role as a second-year project course that will serve as the final project before students enter the third year of legal study, the goals of this course at a minimum are for the student to be able to: 1. Apply year 1 and 2 knowledge of work and information organization to devise a work flow plan (for editing and checking work, and developing litigation strategy), conduct collaborative legal research and drafting without redundancy or gaps, communicate professionally in a team, develop time management skills and account for working time. (Organization level 2) Communicate an objective analysis of the law to other team members and a persuasive analysis of the law to a tribunal, and refute argument from the opposing side (Legal communication level 2)
LAW
6 ECTS - 168 hours
Lectures / Seminars Non Applicable
Theory & Sources of Public International Law
By
Mr. William Worster UMKC Leiden University ICTY Law Office A.E.Gustafsson P.C.
Year 3 Quarter 1 Teaching Aims
As a third year seminar that deals with treaties and other sources of international law in depth, this is not an introductory role. Students are advised to review their notes from Year 1, Public International Law, before commencing the course. The goals of the course are for students to be able to: 1. Draw on cases and other original materials to synthesize and articulate the rules of sources of international law, and identify arguments and counter-arguments 2. Discuss, debate, defend and critique the rules pertaining to sources of international law 3. Solve hypotheticals by applying rules and arguments to new factual scenarios
LAW
Course description
5 ECTS - 140 hours
The theory upon which public international law is built are often reviewed quickly before moving to more substantive matters such as the law governing the sea or the use of force, but for advanced students of public international law, it bears considering the sources more closely. If one appears before an international tribunal, what can one argue? We are accustomed to citing the Statute of the International Court of Justice for the authoritative description of the sources of public international law, although it is, of course, not an entirely clear provision and is only a statement of the sources that may be invoked before that tribunal. Who creates and is affected by international law? Again, we are accustomed to mentioning states only, although other actors have acquired international rights and duties, such as corporations, NGOs and individuals. This course will examine the sources of public international law in depth. The class will read texts and discuss the sources in seminar meetings, examining treaties, custom and principles in detail. For treaties, the class will look at issues such as reservations, interpretation and the unique questions of human rights treaties. For custom, the class will consider the evidence and assessment of practice and opinio juris, among other topics. Additional topics will include general principles of law, the law making powers of international organizations and binding unilateral statements. Thus, the course provides a greater depth to the students existing knowledge of sources and can be applied throughout the remainder of the student’s education in public international law.
Lectures / Seminars
Seminar 1 - Sources of Public International Law Seminar 2 - Law of Treaties (1) Seminar 3 - Law of Treaties (2) Seminar 4 - Law of Treaties (3) Seminar 5 - Customary International Law Seminar 6 - General Principles Seminar 7 - Estoppel and Binding Unilateral Statements
Civil & Political Rights By Ms. Catherine van Hoogstraten Erasmus University International Criminal Court Amnesty International
Year 3 Quarter 1 Teaching Aims
The course aims at deepen the understanding of the scope of Civil and Political Rights, on both procedural and substantive issues at the European and Inter-American levels. In particular, the procedures and mechanisms for their effective enforcement will be analysed.
LAW
Course description
5 ECTS - 140 hours
Civil and political rights are a class of rights that protect individuals’ freedom from unwarranted infringement by private (non-state actors) and government (state actors), and ensure one’s ability to participate in the civil and political life of the state without discrimination or repression. The course critically evaluates its instruments, enforcement mechanisms and the role of the UN Human Rights Committee, the European Court of Human Rights and the Inter-American Court of Human Rights by analyzing a number of specific civil and political rights in context. In addition, it will provide sound ability to identify legal problems and to systematize arguments under the international and regional civil and political rights framework.
Lectures / Seminars
Seminar 1 - Categories of Rights and Right to Life Seminar 2 - Prohibition of Torture and Inhuman, Degrading Treatment or Punishment Seminar 3 - Right to a Fair Trial Seminar 4 - Freedom of Expression Seminar 5 - Right to Privacy and Data Protection Seminar 6 - The Practice of Strategic Litigation in Third Party Interventions (Amicus Curiae Briefs) Seminar 7 - The Practice of Strategic Litigation in Interim/ Precautionary Measures and Reparations
Environmental Law (International)
By
Dr. Wybe Douma Asser Institute University of Groningen Ministry of Social Affairs
Year 3 Quarter 4 Teaching Aims
The aim of this course is to enable participants to gain deeper insight in the challenges of greening our economies, protecting the environment and human health, and advancing cooperation between different countries on these challenges. In this manner, the participants will be able to apply the theory to fact scenarios. More specifically, they will be able to assess which norms apply to specific situations in which environmental disputes arise, and provide advice to parties in such disputes. Moreover, by gaining insight in regulating complex situations with multiple stakeholders with different interests, the skills to provide legal advice on advancing policy goals and stakeholders positions will be developed.
LAW
Course description
5 ECTS - 140 hours
With the knowledge acquired in general international law courses and in the Environmental Law I course, this course focuses on the ability to understand and be able to discuss the functioning of International Environmental Law norms (or their absence) in practice in a number of substantive areas, including climate change, international financing and environmental protection, sustainable use of natural resources (notably where forests and fisheries are concerned) and international waste transports. Be able to apply the theory to fact scenarios. The topic International Environmental Law looks at a number of specific institutional and material aspects of the way in which international law endeavours to contribute to the protection of the global, regional and national environment (including human health) and advances, or tries to advance, the goal of sustainable development and a greener economy. Environmental law is one of the instruments used by governments to advance these goals, and to ensure that polluters are not free to shift the pollution costs of production on society as a whole. Throughout the course, a question that will be focused on is how principles like the principle of sustainable development, the precautionary principle and the polluter pays principle are to be made operational. Other questions that form recurring reference points are: what legal status do the different norms have and in what way do they determine, or influence, the outcome of legal disputes within different fora dealing with environmental issues, including the International Court of Justice and the WTO Panels and Appellate Body. The focus will be on multilateral treaties (global and regional), rules of international customary law, global and regional principles of environmental law, the way in which IEL regulates the relationship between the developed and the developing world, the way in which different norms of IEL are used by the judiciary and in practice, and finally on enforcement and compliance issues, notably dispute settlement mechanisms.
Lectures / Seminars
Seminar 1 - Introduction Seminar 2 - International Waste Shipments Seminar 3 - Climate Change Seminar 4 - Sustainable management of natural resources Seminar 5 - Protection against environmental damages as a human right Seminar 6 - Trade and environment Seminar 7 - Compliance with International Environmental Law: Making it work
International Humanitarian Law
By
Mr. Arjan Vermeer Asser Institute Ministry of Justice of the Netherlands UN International Law Commission
Year 3 Quarter 1 Teaching Aims
Complement understanding and legal analysis of well-defined principles and rules of international humanitarian law with appreciation for current issues of applicability and compliance mechanisms.
Course description
5 ECTS - 140 hours
International humanitarian law pre-dates international criminal law and international human rights law. Also known as the law of war or the law of armed conflict, it is the foundation for crimes prosecuted at the international criminal tribunals. From The Hague Conventions to the Geneva Conventions to the Ad Hoc Tribunals created by the United Nations Security Council and the International Criminal Court, this area of law consists of principles guiding military action and rules to limit the effects of armed conflict for humanitarian purposes. Among its many goals are to protect persons no longer participating in an armed conflict and to restrain the means and methods of warfare. This is a foundational course for the Specialization in International Humanitarian Law & International Criminal Law, designed to coincide with a course on the International Criminal Court and other tribunals. The course material will address the topic of international humanitarian law (IHL) in the form of legal principles and rules which have been derived from conventional and customary international law since the inception of this area of the law to the present date and the enforcement mechanisms provided for in and outside IHL. The course begins with an overview lecture which places IHL within the larger body of public international law and demonstrates its fundamental importance to the sister discipline of international criminal law. The historical basis for IHL, major IHL treaties and the formation of customary IHL will be considered. This is followed by successive presentations of five core areas comprising the essential study of IHL principles, rules and compliance: The Principle of Distinction; Protection of Civilians and Persons Hors de Combat; Means and Methods of Warfare; Enforcement of IHL through States, (International) Organisations, Non-state actors; Individual Complaints Procedures and Prosecution of violations of IHL (national and international). In addition to surveying the complete category of sub-topics for each core area (e.g., The Principle of Distinction covers the distinction between civilians and combatants and between civilian objects and military objects, as well as indiscriminate attacks, proportionality in attack, precautions in attack and precautions against the effects of attacks), one sub-topic from each will be highlighted for its relevancy to current legal affairs or its importance as an area of progressive development of the law.
Lectures / Seminars
Seminar 1 - Introduction to IHL, sources and qualification of armed conflict Seminar 2 - Basic principles of IHL, the principle of distinction and the protection of PoWs Seminar 3 - Protection of PoWs (cont’d) and the protection of civilians and civilian objects Seminar 4 - Conduct of Hostilities: Targeting military objectives Seminar 5 - Conduct of Hostilities: Means and methods of warfare Seminar 6 - Enforcement of IHL Seminar 7 - Selected topic / wrap up session
LAW
Individual Criminal Responsibility
By
Dr. Eva Kassoti University of Bristol
Year 3 Quarter 1 Teaching Aims
At the end of the course, students have 1. Deepened their understanding of the concept and scope of individual responsibility under International Criminal Law; 2. Become familiarized with the most recent scholarly developments in the field of international criminal responsibility; At the end of the course, students can 3. Identify and apply general principles of international law relating to individual criminal responsibility.
Course description
5 ECTS - 140 hours
The course begins with a historical overview of individual criminal responsibility for war crimes and for crimes against humanity, beginning with ancient times and then jumping to Nuremberg and Tokyo, and then, fifty years later, to the ad hoc tribunals for Yugoslavia and Rwanda, followed by a mushrooming of international tribunals, including the creation and current blossoming of the International Criminal Court. The course will provide students with an opportunity to identify and apply general principles of international law relating to individual criminal responsibility and to the jurisprudence of various international criminal courts. Contextual elements, modes of participation, group criminality, inchoate crimes, criminal omissions, command responsibility, defenses and sentencing factors are all examined. Both national and international case law will be used to illustrate commonalities and differences in the employment of the relevant legal concepts. Differences in jurisdiction and in the approach of Prosecutors of the different international tribunals will also be examined. Within the context of the ad hoc tribunals and the ICC, the role of the United Nations Security Council in relation to waivers of immunity for heads of State will also be examined.
Lectures / Seminars
Seminar 1 - Objectives of international criminal justice, its historical evolution, and general principles of individual criminal responsibility Seminar 2 - General principles of liability Seminar 3 - Command/superior responsibility and crimes of omission Seminar 4 - Group criminality Seminar 5 - Defences Seminar 6 - Immunity Seminar 7 - Guilty Pleas, Sentencing and the future of individual criminal responsibility under international law
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EU Employment Law By Ms. Stefania Marassi Maastricht University University of Trento Tillburg University ICTY
Year 3 Quarter 4 Teaching Aims
Upon completion of this course, a student should be able to: 1. Understand the fundamental concepts and rules of EU employment law. 2. Understand how to apply the fundamental rules of EU employment law. 3. Develop the ability to identify legal issues related to EU employment law and provide a legal advice tailored to the client, that weighs up the relevant interests and with the appropriate formal requirements.
Course description
Few social provisions - and of limited scope of application – could be found in the Title on Social Policy of the Treaty of Rome. However, over the years, the Union social policy has started playing a very important role in the protection of living and working conditions and in the achievement of minimum labour standards at European level. Several European Directives and soft-law instruments now deal with different aspects of employment law, for instance working time and atypical workers (e.g. fixedterm, part-time workers) but also information and consultation of workers and social consequences stemming from the restructuring of enterprises. Moreover, among the actors involved in the development of the Union social policy, social partners at European level played and still play an important role. This course will study and provide students with a basic knowledge of the leading concepts, principles and rules of EU Employment Law. This course will focus on the evolution of the EU Social Policy from the Treaty of Rome to the EU 2020 Strategies and the recent financial crisis (Week 1). Furthermore, during the course students will gain an in-depth understanding of free movement of workers as well as the rules on posting of workers (Week 2 and 3). In Week 4, students will study the concept of equal treatment and the principle of non-discrimination in employment and occupation. Different prohibited grounds of discrimination will be examined in detail. After that, the Union policy concerning health and safety and working conditions will be delved into (Week 5). Finally, in the last two weeks of the course (Week 6 and 7), student will study the social consequences of certain managerial decisions concerning, for example transfer of undertakings or collective redundancies, and the ways in which employees can participate in the employer’s decision-making process.
Lectures / Seminars
Seminar 1 - Introduction to EU Employment Law Seminar 2 - Free movement of workers Seminar 3 - Posting of workers Seminar 4 - Equality law: equal treatment Seminar 5 - Health and safety and working conditions Seminar 6 - Employee rights on restructuring enterprises Seminar 7 - Collective labour law
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5 ECTS - 140 hours
Internal Market Law 2 By Dr. Luca Pantaleo Asser Institute University of Luxembourg University of Oslo Max Planck Institute
Year 3 Quarter 1 Teaching Aims
1. To deepen and broaden your knowledge of the internal market and the four fundamental freedoms; 2. To enable you to understand and apply in case studies the legal issues faced by individuals and businesses; 3. To prepare you analyze the case law of the Court of Justice; 4. To evaluate and discuss recent publications from legal journals.
Course description
5 ECTS - 140 hours
In the European Union there are common rules regulating the free movement of goods, persons, services and capital from one Member State to another. These rules have vast economic, social and political impact as they affect not only the EU but also companies or individuals wishing to enter this market. In that context many questions are raised. What is the importance of free trade in the EU in a global financial and economic crisis? Should there be leniency with protectionist measure for as long as the crisis lasts? Are imported goods and services a threat to local industries and jobs? Do migrant workers trigger a race to the bottom in social standards? One of the aims of the course is to answer these questions, among many others. This course tackles some advanced topics on the law of the internal market of the European Union. Pursuant to the Treaty on the Functioning of the European Union (TFEU), the internal market is an area without internal frontiers, in which the free movement of good, persons, services and capital is ensured (Art. 26 TFEU). The starting point of the course is the internal market in a global economic context – the current economic and financial crisis. The course deals with the Lisbon Treaty amendments. The impact of the financial crisis on the internal market is discussed, the actions undertaken by the European institutions and governments of the Member States in that regard. This is followed by an indepth discussion of the most recent developments in free movement of goods, the citizenship of the EU, right of establishment and the freedom to provide services from the perspective of corporate entities, free movement of capital and payments. The special focus on case solving aims to give insight into the application of the EU free movement law. The case law of the European Court of Justice on the four fundamental freedoms is thoroughly studied. Finally, the course deals with the topic of harmonization. The course introduces the students to the law of the internal market in its economic context, in particular all the challenges which the internal market faces during the global economic crisis. The course deals with the Treaty of Lisbon changes, as well as any changes proposed as a measure to deal with the economic crisis. It aims to present the internal market law from not only European and legal stand point but also global, social and economic.
Lectures / Seminars
Seminar 1 - The internal market in a global economic context Seminar 2 - Recent developments in the area of free movement of goods Seminar 3 - Citizenship of the EU on the go Seminar 4 - Challenges to the right of establishment Seminar 5 - Free movement of services Seminar 6 - Free movement of capital and payments: the crisis Seminar 7 - Harmonisation
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EU Health Law By Dr. Eva Maria Foldes Tilburg University University of Vienna Erasmus Rotterdam University
Year 3 Quarter 1 Teaching Aims
Students should: - Identify and explain the rationale and achievements of human health protection in the EU in the light of relevant EU legislation; - Explain the functions, shared values and challenges faced by health systems in the EU and assess the added value of EU action in coping with those challenges; - Analyze the reasoning and point out the implications of the health-related CJEU rulings discussed throughout the course; - Explain the impact of internal market rules on Member States’ capacity to safeguard their competence in health system governance.
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Course description
5 ECTS - 140 hours
Human health is becoming an increasingly important topic on the agenda of the European Union. EU competences in health have undergone a gradual expansion during the last decades, from isolated actions at the margins of the internal market to harmonization of Member States’ laws in a number of fields, and the task to ensure a high level of human health protection in the design and implementation of EU action taken in all other policy fields. In addition, action taken by the EU in a number of other areas, notably, the promotion of internal market and enforcement of competition rules, have an impact on human health and on health system governance. This course discusses EU action to (1) protect and improve human health, (2) address common safety concerns in health matters and (3) support the health systems of the Member States. In doing so, the course focuses on the main regulatory instruments used by the EU as well as the relevant case law of the Court of Justice of the European Union (CJEU). Specifically, the course addresses a number of key issues pertaining to EU law and health, such as the impact of internal market rules on patients, health professionals and health systems, the relevance of competition law, and the possibilities for the EU to support Member States’ health systems in their efforts to cope with the challenges brought about by the economic crisis. Case studies on tobacco control and pharmaceutical regulation will be used to highlight the practical implications of the relevant EU Directives and case law. Furthermore, the course aims to develop not only subject-specific knowledge and skills, but also transferable skills. In terms of the latter, particular attention is paid to analytical skills.
Lectures / Seminars
Seminar 1 - Introduction - health systems in Europe: common values, shared challenges and the scope of EU action Seminar 2 - Human health on the EU agenda: competences, constraints, opportunities Seminar 3 - Impact of internal market rules: the issue of cross-border healthcare Seminar 4 - Cross-border patient mobility: group work on Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare Seminar 5 - Tobacco control in the EU Seminar 6 - Pharmaceuticals: a case study Seminar 7 - Health professionals: relevance of EU law
Principles & Rules of Investment Law
By
Ms. Stefania Marassi Maastricht University University of Trento Tillburg University ICTY
Year 3 Quarter 1 Teaching Aims
Students should be able to achieve the following learning outcomes: 1. Understand the basic principles and rules of investment law. 2. Understand the different rules between developing and developed countries to attract and to control foreign direct investment. 3. Identify the practical challenges faced by individuals, business and states when making investment decisions. 4. Understand the domestic and international law aspects influencing investment laws such as domestic rules regulating investment, bilateral investment treaties, adjudicating bodies, and alternative dispute resolution clauses.
Course description
5 ECTS - 140 hours
Investment law covers the legal aspects of cross-border investments and in particular investments that are meant to function as a structural investment in a country other than the country where the investor is (originally) located. From the perspective of the country receiving the investment, this type of investment is called foreign portfolio investment or foreign direct investment. The main focus of this course is on foreign direct investment (FDI) and the rules to attract and to control foreign direct investment including also the protection provided by international law to these investments. From the perspective of the State in which the investor is located, FDI leads to questions about the protection of the (corporate) citizen of that state in the foreign country. This protection is provided by means of bilateral investment treaties and investment contracts among other legal instruments. This course aims to introduce the main domestic and international investment provisions applicable to cross border transactions including the use of bilateral investment treaties and to provide working knowledge of the instruments to deal with investment law, investment disputes, and foreign direct investment in developing and developed countries. The course will follow the path of the traditional topics in the field, including but not limited to history, sources, actors, investment rules, investment treaties, standards of treatment, admission & establishment, performance requirements, risk analysis, national regulations, expropriation, and access to justice. On a public international level dispute settlement and investment is discussed, as part of a broader dealing with the legal consequences of breaches of investment law. Finally, this course will address the questions that foreign investment may trigger around the relationship of foreign direct investment with the local economy, and its contribution to inclusive growth and sustainable development. Having completed the course, students should be able to recognize the basic principles and rules of investment law, and of the instruments to promote foreign direct investment and to settle international investment disputes in developing and developed countries.
Lectures / Seminars
Seminar 1 - Introduction to International Investment law Seminar 2 - Admission, Establishment and Expropriation Seminar 3 - Bilateral Investment Agreements Seminar 4 - Multilateral Agreements and Fragmentation of International Investment Law Seminar 5 - Standards of Protection Seminar 6 - The Relationship between International Investment Law and Labor Standards Seminar 7 - TTIP: the Investment Chapter
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Contract Drafting By Ms. Zahra Mousavi Iran-US Claims Tribunal BILS University of Leicester Azad University of Tehran
Year 3 Quarter 1 Teaching Aims
Learning goals of this course are: understanding concept of international contract drafting; being able to find appropriate law governing contracts; and being able to analyze clauses, being able to draft international contracts. The purpose of this course is to introduce students to the essentials of contract drafting through a review of basic clauses of international contracts. It introduces students to the role of legal professional in negotiations leading to international contracts, and the essentials of contract drafting through a review of some basic clauses of international contracts.
Course description
5 ECTS - 140 hours
Contract drafting is a means of communication between the parties, and possibly with a litigation body at a later time. A legal professional may frequently be asked to draft a contract, to revise a draft contract, or even to participate in the negotiations leading to the conclusion of a contract. It is necessary for a legal professional to know the reasons for inserting all terms and clauses in a contract. When a contract comes before a court or dispute settlement body for enforcement, these terms and conditions will be used to address the dispute between the parties. Cases are often a reflection of failure of the legal professional in anticipating contentious areas in the drafting the contract, or of the parties. A legal professional should see the function in a planning context and aim for the prevention of pitfalls. Therefore, a legal professional needs to predict what may occur, to provide for unforeseen circumstances, and to support parties’ rights with remedies. Disputes are unavoidable. Therefore, contract drafting is also important to the litigation process. Moreover, when it comes to litigation, a well-drafted contract may help parties to settle their case by agreement. Drafting contracts is a skill which is learned through practice. It is a combination of applying substantial law of contract and enhancing additional skills. It is said that ‘easy reading is the result of hard writing’. In this course, the elements of drafting contracts with an emphasis on some important clauses will be taught. Students will be introduced to standard international contract clauses and standard contract structure, as well as issues specific to more specialized agreements. The course begins with the role of the legal professional in negotiations leading to contracts, letters of intent, and recitals in international contracts. It continues with the review of some standard clauses in international contracts, such as interpretation, confidentiality, penalty, liability, exemption, force majeure, termination, post contractual obligations, and dispute settlement.
Lectures / Seminars
Seminar 1 - Introduction to the course; role of lawyer/legal adviser in international negotiations; letters of intent; and recitals in international contracts Seminar 2 - Interpretation Clauses Seminar 3 - Best efforts, reasonable care/efforts, due diligence, general/professional trade standards; and confidentiality clauses Seminar 4 - Penalty clauses Seminar 5 - Liability, exemption, and force majeure clauses Seminar 6 - Termination clauses; and post-contractual obligations Seminar 7 - Dispute settlement clauses (e.g. arbitration clauses)
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Internet Law By Mr. Aurelien Lorange European Commission European Parliament SAS University of Aix-en-Provence Stockholm University
Year 3 Quarter 4 Teaching Aims
Upon completion of this course, a student should be able to: 1. Understand the context of digital media and Internet applications, the rights and obligations of actors and develop the ability to draft relevant legal instruments 2. Develop the ability to advise on the legal issues related to internet law and represent weighing up the relevant interests in a complex structured case, with interim supervision and instruction and some urgency.
Course description
During the first decade of the 21st century, information is probably the most important factor in our modern society of interconnection between different communities. With information, many new economic activities went strengthening policies promoting a participating democracy (Web 2.0), development of communities by interest (social networks), and protection of citizens and consumers against the treatment of personal data without any consent from the concerned persons. Information needs channels in order to connect owners and consumers and in order to transmit content and messages. The Internet is the most advanced version of the telecommunication network which was the first physical network permitting exchange of data. Based on the modulation and de-modulation protocol, telecommunications allowed a sufficiently regulated market, protecting end-users, and maintaining a very efficient system of communication for the general interest. The Internet is the network of the cultural economy and abolishes borders. How can national and international rules frame the ongoing improvements of the networks and the electronic terminals? The course starts with a discussion about the phenomenon of the Internet. The digital age started with the creation of a global network and the particular architecture of the network comes from organizations created for administering it. ICANN (Internet Corporation for Assigned Names and Numbers, created by the US department of commerce, located in California and submitted to the Californian law) or RIPE (RĂŠseaux IP EuropĂŠen, located in Amsterdam, submitted to the directives and policies of the ICANN on the allocation of block of IPs address and extensions like .nl, .de for the European continent from Iceland till Kazakhstan) are organizations at the center of regulation of the Internet due to the US centralization of the Internet. Another important aspect is the content of the internet which mainly deals with applications. Applications are the visual interface of computer programs or software, working in hardware. Legislations on these creations are viewed differently in the EU and in the US, due to the development of both software and hardware in the US and development of only computer programs in Europe.
Lectures / Seminars
Seminar 1 - Overview and Perspectives on Internet Governance Seminar 2 - Global Internet Jurisdiction – choice of Law Seminar 3 - E-commerce & consumer protection Seminar 4 - Internet-related privacy Seminar 5 - Cybercrimes and Data security Seminar 6 - Content regulation on the Internet Seminar 7 - Main IP issues on Internet: Copyright in Cyberspace
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5 ECTS - 140 hours
Corporate Social Responsibility
By
Dr. Abiola Makinwa Erasmus Rotterdam University
Year 3 Quarter 4 Teaching Aims
Students should be able to achieve the following learning outcomes: 1. Understand the concept and function of CSR. 2. Understand the arguments for and against CSR 3. Identify and understand the different theoretical underpinnings for the notion of CSR. 4. Understand the concept of ‘stakeholders’ and how this interrelates with CSR. 5. Understand the 4 principal areas of CSR Application – The Marketplace, the Workplace, the Community and the Environment. 6. Understand key steps that a corporation can take in Managing CSR.
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Course description
5 ECTS - 140 hours
The far reaching consequences of business practices on society is changing the perception of the role of the corporation. The traditional notion that the responsibility of a corporation is simply to increase shareholder profits no longer suffices. There is an increasing demand that corporations should play a bigger role as participants in society. A fundamental question of our time is what responsibilities do corporations bear to society? How are these responsibilities articulated? How are they managed? This course introduces the concept and origins of corporate social responsibility (CSR). It provides a conceptual understanding of corporate citizenship and its importance to the multinational corporation. The course examines the link between business and society as well as the role of corporate stakeholders such as shareholders, customers, employees, regulators, suppliers, and communities. Students will examine CSR issues in the marketplace, workplace, community and in the environment. In addition, this course examines emerging methods of managing CSR. Having completed the course, students should be able to recognize the responsibilities increasingly attributed to the corporation as well as the l challenges faced by companies in responding to the call for social activism. They should be familiar with the concepts and theory underpinning corporate responsibility and be familiar with major trends in CSR management.
Lectures / Seminars
Seminar 1 - Introduction to CSR Seminar 2 - The Case ‘For’ and ‘Against’ CSR Seminar 3 - Understanding CSR: Concepts and Theories Seminar 4 - Responsibilities to Stakeholders Seminar 5 - Application of CSR –Marketplace / Workplace Seminar 6 - Application of CSR – Community / Environment Seminar 7 - Managing CSR
Law of International Organizations 2
By
Mr. Arjen Vermeer Asser Institute Ministry of Justice UN International Law Commission
Year 3 Quarter 3 Teaching Aims
The goals of the course are for students to be able to: 1. Draw on cases and other original materials to compare international organizations/institutions and articulate the relevant distinctions, and their legal consequences (i.e. applicable international law and identify arguments and counter-arguments) 2. Discuss, debate, defend and critique of international organizations/institutions 3. Solve hypotheticals by applying rules and arguments to new factual scenarios
Course description
5 ECTS - 140 hours
The law of international organizations is an increasingly important field as these organizations are increasingly responsible for many competencies. International organizations exist in a variety of forms and serve a number of different functions with differing powers. However, they have many important common attributes such as their personality, governance, privileges, and responsibility. The legal officers of international organizations often look to other organizations for precedent for solving common problems. Over time, a coherent field of the law of international organizations is growing so that now a student of public international law must have an understanding of international organizations almost at the same level as an understanding of the international law of states. Also the number of positions at international organizations is increasing as the number of organizations grows making this an additionally important field. This course will examine the current state of the law of international organizations. The class will read texts and discuss various topics following a comparative study of international organizations. Initially the students will discuss the definition of the topic. What is an international organization? What organizations are included and excluded from consideration? The course will then move into substantive topics of international legal personality, powers and competence of international organizations, internal governance and decision-making, privileges and immunities, and responsibility and attribution. In contrast to the Year 2, Law of International Organizations mandatory course which focuses on the United Nations and does not take a comparative approach, this advanced seminar will discuss the United Nations, but only as a comparative example (and most important example) of an international organization (albeit having a general scope of competence and universal membership). This seminar will integrate the students’ existing knowledge of the European Union gained during the mandatory phase of the degree into the comparative study, as well as organizations encountered in, inter alia, International Criminal Law (International Criminal Court) and International Trade Law (World Trade Organization), etc., as well as international institutions not commonly studies in a course on international organizations (e.g. Conference of Parties, etc).
Lectures / Seminars
Seminar 1 - Definition of an International Organization, International Legal Personality, Law of Treaties Seminar 2 - Creation, Membership and Representation Seminar 3 - Powers of International Organizations, Ultra Vires and Legal Effects of Acts Seminar 4 - Internal Structure, Governance and Decision Making Seminar 5 - Privileges and Immunities Seminar 6 - Responsibility of and Attribution to International Organizations
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Gender & Law By Ms. Catherine Van Hoogstraten Erasmus University International Criminal Court Amnesty International
Year 3 Quarter 2 Teaching Aims
This 5 ECTS course aims at deepen understanding and building student’s analytical skills on the way that law creates and responds to gender inequalities and gender based violence engaging in gender analysis and debates about ongoing substantive and procedural issues, available legal remedies and strategic Human Rights litigation.
Course description
This course aims, on one hand, to build understanding of the root causes and the interconnection between various forms of gender inequalities and violence. On the other hand, realizing the way law is implicated in gender inequality and gender based violence (law as agent of social ordering), as well as of the law’s potential to assist in countering these issues (law used to effect social change). For that purpose, students will read, critically analyze, and discuss CEDAW Committee, Inter-American Court of Human and European Court of Human Rights landmark cases that have contended with gender-based stereotypes, and the meaning of equality, discrimination and gender-based violence in domestic, transnational and international contexts. Additionally, cases before other forums and jurisdictions will be discussed (Guatemala, Colombia, South Africa). Further, students will be encouraged to think critically about law. Week by week, concrete legal contexts, such as equal protection, reproductive rights, the sex trade, work family issues, and violence, will be articulated to consider the relationships between legal rules and social context. They will examine how law can be used to change social institutions, identities and practices. The course aims to develop not only subject-specific knowledge and skills, but also transferable skills. In terms of the latter, particular attention is paid to research, analytical and strategic litigation skills. For this purpose, we will have two ‘Gender & Law Seminars-Guest Lecture Series’ featuring lectures on ‘Strategic Human Rights Litigation for Gender Justice’.
Lectures / Seminars
Seminar 1 - Gender in International Law Seminar 2 - Gender Stereotypes Seminar 3 - Equality and Non-Discrimination Seminar 4 - Sexual Orientation and Gender Identity Seminar 5 - Sexual and Reproductive Health Rights Seminar 6 - Gender Dimensions of Human Trafficking Seminar 7 - Sexual and Gender-based Crimes
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5 ECTS - 140 hours
Use of Force By Dr. Michael Vagias Leiden University
Year 3 Quarter 2 Teaching Aims
Students should be able to achieve the following learning outcomes: 1. Understand the concept and function of public international law on the use of force and its exceptions. 2. Understand the arguments for and against use of force and its exceptions. 3. Identify and understand the different theoretical underpinnings for use of force and its exceptions. 4. Analyse the rules pertaining to the use of force in light of their historical development since 1945. 5. Analyse the basic doctrinal components of the contemporary prohibition on the use of force and its exceptions on the basis of case-law.
Course description
5 ECTS - 140 hours
This 5 ECTS course will familiarize students with the international systems of the maintenance of peace and security. The general principles will touch upon as well as substantive issues through the various cases that have to be analyzed. One of the most important questions of international law is the existence and maintenance of international peace and security. Whereas traditional 16-17th century notions of balance of power still shadow the development of the modern world order, today States, international organizations and increasingly non-state actors are becoming actively involved in armed conflicts. It is the ambition of international law to project as a prevalent, commonly shared-value on the international plane the maintenance of international peace and security; in a nutshell, to put an end to war. This course will attempt to trace humanity’s recent efforts to prevent armed conflicts. In doing so, emphasis will be given to the preventive instruments available to the international system, such as the United Nations legal and political organs. This course will offer an overview of the way, in which contemporary international law deals with modern warfare. The primary goal of this course will be an in-depth examination of the regulation of the legal situation following the failure of the peaceful settlement mechanisms, namely the law concerning the recourse to war (jus ad bellum). As such, both the centralized enforcement system of the UN Security Council and the different forms of the inherent right of self-defense will be the focal points of the present course. Over the course of this 7 weeks’ lecture period students will have learned to identify the main legal rules concerning the prohibition of resorting to the use of force in international law, as well as the exceptions to this prohibition. Students will also be offered a general idea of the main types of legal regulation of use of force under customary international and treaty law. It is the ambition of this course to familiarize the students with the basic elements of the international system for the protection of peace and the means available under international law to avert armed conflicts.
Lectures / Seminars
Seminar 1 - Introduction, History and Theory of the Law of Use of Force Seminar 2 - The Prohibition of the use of force; civil wars and the use of force Seminar 3 - Self-Defence Seminar 4 - UN Enforcement Seminar 5 - Case Study 1: Use of Force in the Case Military and Paramilitary Activities in and Against Nicaragua Seminar 6 - Case Study 2: Use of Force in the Oil Platforms Case and the Wall Advisory Opinion Seminar 7 - Case Study 3: Armed Activities in the Congo (DRC v. Rwanda), (DRC v. Uganda)
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ICC & Other Tribunals By Dr. Michael Vagias Leiden University
Year 3 Quarter 3 Teaching Aims
The goals of this course are for students to be able to: 1. Understand the institutional developments of international criminal tribunals; 2. Analyze international criminal tribunals and their jurisprudence in a comparative manner; 3. Critically evaluate the impact of international criminal tribunals on the realization of human rights, justice and peace in conflict and post-conflict societies
Course description
5 ECTS - 140 hours
The events immediately following World War II involved the search for an appropriate mechanism to dispense international justice, that resulted in the establishment of international military trials at Nuremberg and Tokyo, as well as the development of treaty law which specifically addressed international humanitarian law (the Genocide Convention of 1948 and the 1949 Geneva Conventions for instance). The pressing and constant desire of many individuals, local communities and much of the international community for justice in the aftermath of atrocities has only recently resulted in significant and potentially enduring efforts toward the adoption of an international criminal justice system. Thus, within the last two decades, ad hoc tribunals, the expansion of mechanisms of criminal accountability and the creation of a permanent International Criminal Court have evolved as remarkable innovations designed to administer justice. Despite rapid advances, troubling questions about whether International Criminal Justice simply represents punishment imposed upon the vanquished by the victors, or, more disturbingly, whether it is manipulated by the powerful to serve their interests and resist deeper social transformation, must be acknowledged, examined and answered. The institutional developments to answer gross violations of international law over the last two decades are the focus of “The ICC & Other Tribunals”. This course will give students an overview of the ICC and other criminal tribunals and an understanding of their general norms and principles. It will highlight the diversity of international criminal tribunals in terms of jurisdiction, constitution, law and practice.
Lectures / Seminars
Seminar 1 - Law’s Response to Mass Atrocity Seminar 2 - The UN ad hoc Tribunals Seminar 3 - The ICC and ‘Mixed’ Tribunals Seminar 4 - The ICC and Sex Crimes Seminar 5 - The ICC and Food Deprivations Seminar 6 - The ICC and Victims: Participation and Reparations Seminar 7 - International Criminal Tribunals: Assessment and Alternatives
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Core Crimes (Genocide & Crimes against Humanity)
By
Dr. Marina Lostal University of Cambridge Xian Jiaotong University European University Institute
Year 3 Quarter 4 Teaching Aims
At the end of this course, students will have deepened their understanding of the concepts, elements, and proof required for genocide and crimes against humanity; familiarized themselves with the most recent developments in international criminal jurisprudence; and demonstrated their ability to identify and apply these concepts to the assessment of factual narratives.
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Course description
5 ECTS - 140 hours
This course provides a comprehensive inquiry into the historical background, legal elements and problems of proof concerning genocide and crimes against humanity. We will examine these crimes through an analysis of selected jurisprudence from international courts and tribunals, including the IMT, ICJ, ICC, ICTY, ICTR and the ECCC, scholarly articles and other relevant material.
Lectures / Seminars
Seminar 1 - Introduction to Crimes against Humanity Seminar 2 - Chapeau Elements of Crimes against Humanity (I) Seminar 3 - Chapeau Elements of Crimes against Humanity (II) Seminar 4 - Crimes against Humanity: prohibited acts and mens rea Seminar 5 - Introduction to Genocide Seminar 6 - Genocide: underlying acts and protected groups Seminar 7 - Genocide: modes of liability and the status of the dolus specialis
Competition Law 2 (EU)
5 ECTS - 140 hours
By
Course description
Year 3 Quarter 2
EU Competition Law is a challenging subject affecting many policy makers, industries and legal scholars in Europe and worldwide. Advanced knowledge of this area is thus indispensable for those students who wish to pursue a career in European Business or within the European Legal Profession.
Teaching Aims
Upon completion of the course, students will be able to: 1. Understand the fundamental concepts and rules of EU competition law 2. Understand how to read and comprehend the case law of the European Court of Justice 3. Prepare and give a case presentation 4. Identify the legal issues related to EU competition law and make decisions by weighing up the relevant interests and in accordance with the prescribed formal requirements.
Furthermore, after the European Commission imposed a â‚Ź497 million fine on Microsoft in 2004, a US based corporation, for abusing its dominant position on the European market, no one questions the cross border implications of EU competition law and its international relevance today. The course covers the main principles of EU competition law, its scope of application and economic background. One of its core tasks is to define key concepts such as relevant market, market share and undertaking. The key topics include the legislative framework on the prohibition of an abuse of a dominant position under Article 102 TFEU (former Article 82 EC Treaty), supervision of concentrations (mergers and acquisitions) and EU rules on state aids under Articles 107, 108 and 109 TFEU (former Articles 87, 88, 89 EC Treaty). The main focus is furthermore on the leading cases of the European Court of Justice and the European Commission Decisions. An essential part of the course is dedicated to the relationship between EU and national competition law, application of EU Competition Law by the national and Community courts, enforcement by the European Commission and the National Competition Authorities.
Lectures / Seminars
Seminar 1 - Introduction to the course Seminar 2 - Article 101 TFEU: Restrictive Practices Seminar 3 - Article 102 TFEU: Abuse of a Dominant Position Seminar 4 - EU Competition Law Reform and Enforcement Seminar 5 - Case Presentation Seminar 6 - Merger Control Seminar 7 - Control of State Action in the Common Market
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EU Sport Law By Ms. Stefania Marassi Maastricht University University of Trento Tillburg University ICTY
Year 3 Quarter 3 Teaching Aims
Upon completion of this course, a student should be able to: 1. Identify and explain the fundamental concepts and rules of EU Sports Law; 2. Explain what the main characteristics of the litigation system in sport are and how this works; 3. Identify and explain the relation between EU rules on free movement of people and transfer rules and nationality clauses laid down in sporting bodies’ rules; 4. Describe and explain the contractual relationship between a players and its club as well as the status of sports agents; 5. Explain how doping is regulated in the WADA code.
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Course description
5 ECTS - 140 hours
Sport entered the 21st century as a societal phenomenon where nations, cities, and each citizen can measure not only its strength and strategic mindset, but also in generating business, incomes, from media, contracts, and major event. With the Olympic games, and the FIFA World Cup, Sport is the most broadcasted show in the World, and the sports, games become global, but in keeping their own rules of game, a certain self-regulation. National federations have as first requirements for being accepted in the International federation to stay disconnected from the governmental, political and executive power. Governance and policies call an integrated system of rules which must be compatible with the Kelsen hierarchy sources of law still. Major cases like the Bosman case in the European Union, set a fundamental difference between the American and the European approach, concerning the status of the Sportsmanship. Human Rights and Discrimination are also part of the Ethical approach of law in this field, and of course the economic value of Sport brings Intellectual Property Law, Contract law and Tax Law issues among others. Within Europe a distinction can be made between northern countries, which share the passive role of the State when promoting and effectively “managing” sport. And the southern Mediterranean countries, where there is a tradition of specific regulation.
Lectures / Seminars
Seminar 1 - Introduction to Sports Law Seminar 2 - European Sport Governance and the Specificity of Sports Seminar 3 - Litigation in Sports Law Seminar 4 - Free movement of sportspeople Seminar 5 - The legal status and transfers of sportspeople (football players) Seminar 6 - Sports agents (players’ agents) Seminar 7 - Doping
Arbitration By Dr. Barbara Warwas European University Institute University of Wroclaw International Court of Arbitration GE Oil & Gas
Year 3 Quarter 1 Teaching Aims
Learning goals of this course are: understanding the usual procedure of International Arbitration; being able to draft and recognize a valid and effective arbitration agreement; and understand the significance of the enforcement phase of arbitration. The purpose of the course is to introduce students to the fundamental legal underpinnings of this form of dispute resolution, including the establishment, operation, and implementation of awards of arbitral tribunals in international commercial disputes; the role of national courts in compelling, facilitating, and enforcing or vacating arbitral awards; and policies currently under consideration for changing arbitral practices. It introduces students to the basic elements of international arbitration from international perspective.
LAW
Course description
5 ECTS - 140 hours
This course is designed to give students insight into international arbitration in its different aspects, including both international commercial and investment treaty disputes. Particular emphasis will be placed on the policy underpinnings of international arbitration as an alternative to national and international court adjudication. The course begins with a recap of dispute settlement methods and agreement to arbitrate. It continues with an introduction to arbitration dealing with the relevant concepts, advantages and disadvantages of arbitration, arbitrability, confidentiality, and different forms of arbitration. The applicable laws on arbitration including the law governing the agreement to arbitrate, the law governing the arbitration procedure, the law applicable to the substance, the law governing to the recognition and enforcement of the award, and ethical rules and guidelines, as well as conflict of laws will be reviewed. During the next two Seminars, establishment of the arbitral tribunal, powers, duties, jurisdictions, conduct of proceedings, Evidence, witness testimony, party-appointed and tribunal-appointed experts, cross-examination, and document production, Interim measures, and challenges of the Judges, and award will be dealt with. Next seminar will be devoted to hybrid arbitrations and technical arbitrations. The course will end with the issues of recognition and enforcement of arbitral Award.
Lectures / Seminars
Seminar 1 - Introduction to Arbitration Seminar 2 - Arbitration and Law Seminar 3 - How to Negotiate an Arbitration Clause? Seminar 4 - When the Dispute Arises: Request for Arbitration Seminar 5 - When the Dispute Arises: Arbitration Proceedings Seminar 6 - Arbitral Awards Seminar 7 - Recognition and Enforcement of Foreign Arbitral Awards: Legal and Practical Considerations
Principles & Rules of Tax Law
By
Year 3 Quarter 2 Teaching Aims
Students should be able to achieve the following learning outcomes: 1. Understand the basic principles of direct taxation mainly income tax and corporate income tax. 2. Understand the different rules between common law and civil laws to attract investment and to obtain tax revenue. 3. Identify the practical challenges faced by developing and developed countries when making tax law rules. 4. Understand the main features of the tax systems of countries such as definition of tax, tax principles, sources of tax law, definition of income and taxable unit, schedular versus global elements in income tax, rate schedules, business income, and methods for profit determination.
LAW
Course description
5 ECTS - 140 hours
In the context of globalization, countries around the world are introducing domestic tax rules to promote investment and to protect their revenue base. As a consequence, lawyers and companies are required to understand the differences among income and corporate tax systems around the world. This course aims to introduce the main domestic income (and corporate income) tax provisions in civil law and common law countries and to provide working knowledge of these rules from a perspective of developing and developed countries. This course starts with an introduction to comparative tax law addressing first the differences between common law and civil law tax systems. Subsequently, the influence of the constitutional principles (e.g. legality, equality) in taxation will be studied. Thereafter, the basic structure of tax systems (i.e. global vs. scheduler) and the main concepts of income tax and corporate income tax will be addressed. Finally, specific issues regarding business income will be addressed including the differences in the taxation of business income and the methods for profit determination. This course will have a theoretical and a practical (comparative research) approach. During the course, the students will carry out comparative tax research on the issues discussed during the lectures. For this purpose, the students will choose 2 countries: one common law and one civil law country. The theory discussed during the lectures will be researched by the students in their two selected countries of study.
Lectures / Seminars
Seminar 1 - Introduction to Comparative Tax Law Seminar 2 - Sources of Tax Law and Constitutional Principles Seminar 3 - Comparative Research Systems (1) Seminar 4 - Basic Structure Income Tax System and Main Concepts of Income Tax and Corporate Income Tax Seminar 5 - Comparative Research Systems (2) Seminar 6 - Taxation of Business Income and the Methods of Profit Determination Seminar 7 - Comparative Research Systems (3)
Private International Law 2
By
Dr. Ian Sumner University of Cambridge Utrecht University
Year 3 Quarter 3 Teaching Aims
Using the course text, selected cases and other materials students will learn to identify and anticipate the issues and problems that arise in the different issues of private international law. In particular students will: Understand how to identify different private international law issues, such as jurisdiction and applicable law. Develop the ability to apply private international law methodology to a given case. Develop the ability to offer advice on how problems arising in a given private international issues may be resolved.
LAW
Course description
5 ECTS - 140 hours
Private International law (PRIL) triggers the interests of practitioners and scholars across the globe due to the internationalization of commercial litigation. The key issues in Private International Law are jurisdiction of courts, applicable law and recognition and enforcement of foreign judgments. The differences in approach to these issues take into account whether a country has a common law or civil law approach. For instance, Private International law is known in common law countries like the United States and the United Kingdom as Conflict of Laws and it also contains principles that differ from civil law countries such as the principle of forum non conveniens. Private international law has evolved a great deal in recent years, due in part to the successes of international agreements in harmonizing the laws of individual countries. At the European Level Regulations such as Brussels I Regulation, contain the main principles dealing with jurisdiction, recognition and enforcement, and Rome I and II Regulations the main principles dealing with applicable law for contractual and non-contractual obligations. At international level, the Conventions of The Hague Conference on Private International Law, the International Law Association (ILA) Principles and the Vienna Convention on the Sales of Goods (CISG) are of importance in Private International Law.
Lectures / Seminars
Seminar 1 - Introduction Seminar 2 - Jurisdiction Seminar 3 - Applicable Law (contractual obligations) Seminar 4 - Applicable Law (non-contractual obligations) Seminar 5 - Recognition and enforcement of judgments
NATO & International Security
By
Mr. David den Dunnen North Atlantic Association Maastricht University
Year 3 Quarter 3 Teaching Aims
To enable students to: - Describe, analyze, and critically reflect on NATO’s roles and tasks in the framework of International Relations and security; - Describe the functioning of NATO as intergovernmental organization, applying knowledge of the law of International Organizations - Transfer and apply understanding of NATO and international security to NATO operations
LAW
Course description
5 ECTS - 140 hours
This course introduces students to the North Atlantic Treaty Organization (NATO). Established in 1949 primarily to defend and protect the ‘West’ against the Soviet-led communist threat, the 21st century NATO could rather be seen as a tool of its member states to influence and adjust regional and global power balances. Having carried out a number of small and large military operations, both in- and outside Europe, the Atlantic Alliance has proven to be a tool of collective security, acting as a ‘subcontractor’ to the United Nations.
Lectures / Seminars
Seminar 1 - Security in International Relations Seminar 2 - History, Aims and Tasks of NATO Seminar 3 - NATO and Collective Security Seminar 4 - NATO beyond Collective Self-defence and Collective Security Seminar 5 - NATO as Intergovernmental Organization: Structure and Decision-making Seminar 6 - NATO Transforming: The NATO-EU Relationship and beyond Seminar 7 - NATO Operation ‘Ocean Shield’: Operational and Legal Challenges in Practice
Social & Economic Rights By Mr. Joris Sprakel Fischer Advocaten Vrije Universiteit Amsterdam
Dr. Eva Maria Foldes Tilburg University University of Vienna Erasmus Rotterdam University
Year 3 Quarter 1 Teaching Aims
Knowledge on Social & Economic rights and the application of that knowledge. Developing research skills and transferring that research in class discussions. Communication skills through class discussions and the oral exam. Representation and advice in one assignment.
Course description
Social and Economic Rights are often referred to as the second generation of human rights. The distinction between the generations of human rights may be a useful one when it comes to the academic debate, in practice the distinction is less clear. The academic debate may focus on the distinction of the nature of the rights (civil & political vs. social & economic) and the difference in state obligations and legal protection of the rights. Practitioners will generally focus on the substance of the rights searching for means to make any human right justiciable. The course Social & Economic Rights will look at a variety of rights that are generally considered as social & economic rights. In seven seminars the students will study the selected rights with a view to making them justiciable. This will be achieved by studying selected texts as well as comments and case law from the authoritative bodies of international and regional international organizations. The first seminar will focus on the question what social and economic rights are. The discussion will focus on the difference between social and economic rights and other human rights, state’s obligations and justiciability of social and economic rights. In the other seminars of the course specific rights will be studied and discussed. The rights have been selected on the basis of the impact that (the absence of) these rights have on people’s lives. The following rights will be studied: the right to health, the right to food and water, the right to housing, the right to education, the right to social security, and the right to work. Besides looking at the rights themselves there will be specific attention for the position of women and children in relation to the rights.
Lectures / Seminars
Seminar 1 - Introduction Seminar 2 - Welfare systems Seminar 3 - Income (work and social security) Seminar 4 - Health Seminar 5 - Food and water Seminar 6 - Housing Seminar 7 - Simulation
LAW
5 ECTS - 140 hours
Terrorism By Mr. Matthiew Gillet United Nations ICTY International Criminal Court High Court of Zealand
Year 3 Quarter 4 Teaching Aims
1. Understanding the concept of terrorism and its modalities 2. Understand the international legal framework concerning counter-terrorism means 3. Familiarization with the various anti-terrorism conventions and other applicable international treaties and customary rules; knowledge of current efforts to agree a comprehensive definition and obstacles to same 4. Ability to distinguish terrorist methods and means from legitimate methods and means of warfare 5. Analyse the legal rules pertaining to terrorism in light of their historical development
LAW
Course description
5 ECTS - 140 hours
Terrorism generally refers to the threat of use of violence against civilians in order to achieve political goals. It is one of the most controversial, contested and contemporary subjects of public international law. While ‘terrorist’ is often used by governments as a pejorative term to condemn their political enemies, in reality a terrorist is an individual who uses terrorist means and methods – that is, tactics designed to inculcate a feeling of terror in the civilian population, whether in time of war or peace. Because of the intense controversy surrounding what constitutes terrorism – as summarized in the aphorism, ‘one man’s terrorist is another man’s freedom fighter’ – the law regulating terrorism remains underdeveloped. While there is a plethora of anti-terrorism conventions, each one addressing specific aspects of terrorism, such as hijacking or hostage-taking, there remains no comprehensive international convention on the definition of, and legal responses to, terrorism. This is partly on account of the difficulty in agreeing on a common definition of the term ‘terrorism’. Yet efforts to draft and ultimately to agree on a comprehensive treaty on terrorism continue under the auspices of the United Nations. A recent decision by the Special Tribunal for Lebanon holds some promise for formulating a future definition.
Lectures / Seminars
Seminar 1 - Introduction, historical development and theory of the law on terrorism Seminar 2 - Defining terrorism under conventional/treaty law and under customary international law Seminar 3 - Terrorism as defined and litigated at the Special Tribunal for Lebanon Seminar 4 - Terrorism and jus in bello in the jurisprudence of international criminal tribunals Seminar 5 - Towards a Terrorism Convention Seminar 6 - Counter-terrorism and human rights law Seminar 7 - “War” on Terror: Use of force against terrorism under international law
Evidence By Ms. Diane Turner Kelliher & Turner Ministry of Attorney General of Ontario King College of London
Year 3 Quarter 2 Teaching Aims
At the end of the course, students have 1. Understood and have the ability to explain the concepts, purpose and distinctions between evidentiary frameworks under national and international criminal law; 2. Understood and applied various scholarly analyses of evidentiary rules and international criminal evidence; At the end of the course, students can 3. Identify and apply general principles of criminal evidence in both a substantive and procedural manner; 4. Demonstrate the ability to lead evidence, including the tendering of witnesses, exhibits and expert evidence.
LAW
Course description
5 ECTS - 140 hours
The course examines the evidentiary requirements that enable guilt or innocence to be proven before a tribunal. Fundamental to any system, is the requirement that the fact-finder consider evidence to prove or disprove the existence of facts alleged to exist or to have existed in the past. Comparisons will be made between courts belonging to the common law tradition, (which rely on complex rules of evidence, with varying burdens of proof at different stages that are central to the adversarial trial process) and courts belonging to the civil law tradition, (which consider all relevant evidence without the use of formal rules and utilizing a single burden of proof). The International Criminal Court has combined inquisitorial and adversarial approaches and all legal systems engage in assuring the proper balance between probative value and prejudicial effect. Students will examine general principles of evidence, focusing primarily on the common law rules of evidence, particularly those used in Canada, to illustrate the challenges associated with building a case. Four traditional types of evidence are examined in detail, in addition to fundamental evidentiary concepts such as disclosure, burden of proof, corroboration, relevance, credibility and others. Specific practical evidentiary issues will also be analyzed, including; illegally obtained evidence, expert evidence, rules in relation to sexual assault offences, as well as evidentiary frailties. Evidence can be presented in a variety of ways and sometimes its effectiveness may depend on the manner in which it is presented, therefore students will develop the ability to; conduct witness examination, cross examination, introduce exhibits and tender expert evidence both through the synthesis of case principles and practical exercises.
Lectures / Seminars
Seminar 1 - Evidence in an International Context Seminar 2 - Fundamental Principles and Comparison of Approaches Seminar 3 - Types and Collection of Evidence Seminar 4 - Admissibility of Evidence Seminar 5 - Unique Evidentiary Issues Seminar 6 - Tendering Evidence – Practical issues Seminar 7 - Mock Trial - Presentation of evidence at trial
Rights of the Accused By Mr. Paul Garlick OSCE Furnival Chambers Special Department for War Crimes
Year 3 Quarter 3 Teaching Aims
At the end of this course, students will have deepened their understanding of the concepts, elements, and proof required for the application of international human rights standards in the administration of justice; familiarized themselves with the most recent developments in international criminal jurisprudence; and demonstrated their ability to identify and apply these concepts to the assessment of factual narratives and the advocacy of a reasoned legal position.
Course description
5 ECTS - 140 hours
This course examines the rights of persons who are suspected or accused of having committed a criminal act. From suspicion and investigation to arrest and trial, culminating in the execution of a criminal sentence, we will examine the application of international human rights standards in the administration of justice by domestic courts and international tribunals. We will analyse current and historical events through the lens of international human rights standards as interpreted by the European Court of Human Rights, the International Criminal Court and ad hoc international tribunals. Through role-play, advocacy exercises and case studies, we will explore how the rights of the accused can be given full effect. We will start by examining the roles of the judges, prosecutors and lawyers in upholding the rule of law. We will consider the application of standards governing the investigation and prosecution of crimes, and the treatment of persons who are suspected of criminal activity but not formally charged. We will also consider the rights of persons deprived of their liberty following trial. Our investigation of the rights of the accused will include to the “war on terror”, extraordinary rendition and enforced disappearances, arbitrary or indefinite detention, torture, and extra-judicial killings. Finally, we will examine special issues concerning victims of crimes and human rights violations, the imposition of the death penalty, and the treatment of children accused of crime. This course focuses on the application of human rights standards in the administration of justice, with particularly emphasis on the interpretation of relevant human rights instruments by the European Court of Human Rights, the International Criminal Court, and the International Criminal Tribunals for the former Yugoslavia and for Rwanda. Readings will be drawn from primarily two texts: The Trial Observation Manual for Criminal Proceedings by the International Commission of Jurists and the United Nations training manual Human Rights in the Administration of Justice.
Lectures / Seminars
Seminar 1 - Introduction - sources of law; and the requirement of independent and impartial judges, prosecutors and lawyers Seminar 2 - Arrest, detention and interrogation Seminar 3 - Fair trial rights: from investigation to trial Seminar 4 - Fair trial rights: from trial to judgment and appellate review Seminar 5 - Special situations: extradition versus “extraordinary rendition” Seminar 6 - Special situations: the imposition of the death penalty; children accused of crime Seminar 7 - Rights of prisoners
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EU Company Law By Year 3 Quarter 4 Teaching Aims
1. To enable the students discuss and analyze key issues of European Company law; 2. To enable the students apply in key case studies the legal issues faced by individuals and businesses; 3. To prepare the students to analyse the case law of the Court of Justice; 4. To discuss recent publications from authoritative legal journals such as the European Law Review and the Common Market Law Review.
Course description
5 ECTS - 140 hours
European Company Law (ECL) provides the top-most layer of EU regulation, which strives for a level playing field for businesses across the EU. It provides regulatory intervention in the complex relationships between businesses, investors, shareholders and creditors. If you compare it to any national EU law, it is not a well-developed area of law as it does not guide you how to set up or run a company in a given EU country. These issues are governed by the national law of the EU MS. In that sense, ECL deals with these major issues by providing uniform, harmonised rules: creditor protection, shareholder protection, domestic and cross-border mergers and divisions and rules on the European Company and European Private Company. What exactly is the scope of ECL? It all started with the idea that creditor protection is important. This falls largely within the scope of the 1st Company Directive, which deals with the requirement to provide certain uniform information for companies limited by shares in the interest of their creditors. Specifically, the directive deals with rules on formation, capital and disclosure requirements, which will be discussed in detail together with the relevant case law. Another important part of the course deals with shareholder’s protections, including protection in case of hostile or friendly takeovers. The Takeover Directive is a relatively recent instrument, which deal with the interplay between management and shareholders or investors. Next the course will delve into the rules of domestic cross-border mergers and divisions under the 3rd, 6th and 10th Company Directives. Finally, we will address the issues concerning the transformation of a purely national company or a group of companies into a European one through the rules on cross-border mergers and on the European Company (SE) and the European Private Company (SPE). This course in sum aims to provide an intensive, practically oriented discussion of current ECL issues. Both jurisprudence and legal doctrine will be pooled into the dynamic weekly seminars covering a number of topics in order to introduce the students to recent developments and main debating points in this area.
Lectures / Seminars
Seminar 1 - Introduction – some fundamental concepts Seminar 2 - Harmonisation of Company Law in the EU Seminar 3 - Formation and Financing of Companies (1st and 2nd Directive) Seminar 4 - Domestic and cross-border mergers and divisions (3rd, 6th and 10th Directives) Seminar 5 - European takeover rules (13th Directive) Seminar 6 - Practicum – presentation and discussion of the students’ assignment 1 on the topic “The Mandatory Offer in the EU Takeover Directive: an Effective Instrument for Minority Shareholder Protection?” Seminar 7 - European company (SE) and other European companies. Annual accounts
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EU Consumer Protection By Year 3 Quarter 3 Teaching Aims
This 5 ECTS EU Consumer Protection course focuses on case law, rationales, legal techniques, benchmarks, legal remedies applicable to enhance the protection of the consumers in financial services. Students should: • Understand European Financial Consumer Protection in the light of European directives and case law of the European Court of Justice. • Have working knowledge of the legal techniques, benchmarks, legal remedies applicable to enhance the protection of the consumers in financial services.
LAW
Course description
5 ECTS - 140 hours
For a long time, EU consumers have been faced with difficulties when using financial services, which have been intensified by the financial crisis, leaving consumers with serious concerns about the future of their personal deposits and savings, loans, mortgages and pensions. Thus, the course will focus on ‘financial consumer protection’ regulation. Consequently, it will identify different instruments of regulation, legal techniques, rationales, benchmarks, best practices and legal remedies to enhance the protection of the consumers in financial services. Further, the course aims to develop not only subject-specific knowledge and skills, but also transferable skills. In terms of the latter, particular attention is paid to research and analytical skills.
Lectures / Seminars
Seminar 1 - Introduction - EU consumer protection rationales Seminar 2 - Unfair commercial practices Seminar 3 - Consumer protection in financial services Seminar 4 - Challenges in ensuring a high level of consumer health protection: the case of tobacco control Seminar 5 - Safeguarding consumers’ right to information: a case study on pharmaceuticals Seminar 6 - Data protection vs consumers’ right to access information Seminar 7 - The Consumer Rights Directive
International Taxation
5 ECTS - 140 hours
By
Course description
Year 3 Quarter 3
In the context of globalization, countries around the world are introducing international tax rules to remove obstacles to cross-border transactions as well as to protect their revenue base. As a consequence, lawyers and companies are required to understand the international tax consequences of their cross-border transactions. This course aims to introduce the main domestic and international tax provisions applicable to cross-border transactions and to provide working knowledge of the instruments to deal with juridical double taxation and tax treaty abuse in developing and developed countries.
Teaching Aims
Students should be able to achieve the following learning outcomes: 1. Understand the basic principles and international aspects of Income Taxation. 2. Understand the domestic and international tax provisions to prevent juridical double taxation in cross- border transactions available in the Tax Code and Bilateral Tax Treaties. 3. Understand the domestic and international tax issues influencing tax systems in developing and developed countries such as transfer pricing, permanent establishment, taxation of active and passive income (e.g. dividends, interest, and royalties), technical services, and exchange of information. 4. Identify the practical challenges faced by developing and developed countries in order to prevent tax fraud, tax evasion and aggressive tax planning including the solutions provided by the G20, OECD and UN to address base erosion profit shifting (BEPS).
LAW
This course starts with a description of the principles of residence and source and of the concepts of active and passive income. Subsequently, the instruments to prevent double taxation such as bilateral tax treaties and unilateral tax provisions will be addressed. Thereafter the methods to prevent double taxation will be explained. Finally, a general introduction to international tax planning and the measures to prevent tax evasion, tax avoidance, and base erosion profit shifting will be presented.
Lectures / Seminars
Seminar 1 - Introduction to Principles and Basic Concepts of International Taxation Seminar 2 - Rules for Taxation of Income in Tax Treaties Seminar 3 - Double Taxation Relief Seminar 4 - Discussion cases International Taxation of Income Seminar 5 - Tax Treaty Negotiation from a Developed and Developing Country Perspective Seminar 6 - Introduction to Tax Planning and Anti-Avoidance Measures Seminar 7 - Relationship between European Taxation and International Taxation
Intellectual Property Law By Ms. Miera Montero Maastricht University
Mr. Aurelien Lorange European Commission European Parliament SAS University of Aix-en-Provence Stockholm University
Period 1 Quarter 2 Teaching Aims
Upon completion of this course, a student should be able to: 1. Understand and apply the fundamental principles and rules of intellectual property law in both United States and Europe. 2. Understand the differences and similarities between these two legal major systems in the field of intellectual property law. 3. Develop the ability to advise on the legal issues related to intellectual property law and represent weighing up the relevant interests in a complex structured case, with interim supervision and instruction and some urgency.
LAW
Course description
5 ECTS - 140 hours
This course explores the concept of intellectual property rights and their justifications. Should the pharmaceutical company which invented a new AIDS medication be forced to license it at an affordable price for production in a developing country? How is the pharmaceutical company going to recover the millions spent on research and development during the last decades? Why the software are protected differently in the US than in Europe where it is rather considered as computer programs falling under the copyright protection? What are the different steps in the Life Cycle of a patent, or a trademark or a copyright? What will be the next developments of the consideration of the IP rights in the EU and US legislation? What are the “minor areas� dealing with an Industrial and Intellectual Protection? These are some of the questions discussed. Intellectual property rights have two main features: they can be exclusive or territorial in nature. Territorial criteria can determine largely the differences in the main areas of Trademark, Copyright or Patents. In order to soften the territoriality principle, minimum standards for protection of intellectual property rights were provided for in various international treaties (Berne Convention, Paris Convention among others). To reach the same goal, other international treaties provide for simplified mechanisms for obtaining national registrations (Madrid Agreement and Madrid Protocol).
Lectures / Seminars
Seminar 1 - Introduction Seminar 2 - Catalogue of Intellectual Property Rights, major and minor rights in Europe and in the United States Seminar 3 - Trademarks 1 Seminar 4 - Trademarks 2 Seminar 5 - Patents Seminar 6 - Copyright Seminar 7 - Trademark law, Patent law on the Internet
Refugee Law By Mr. William Worster UMKC Leiden University ICTY Law Office A.E.Gustafsson P.C.
Year 3 Quarter 2 Teaching Aims
1. To enable students to understand the key concepts of Refugee Law; 2. To prepare students read, find and understand Refugee Law instruments as well as case law of various judicial bodies at the international, regional and national level.
Course description
5 ECTS - 140 hours
Migration plays a huge role in the modern “global village�. Starting on the one side with massive urbanization within nation states, moving to voluntary migration to other countries and ending with refugees, the legal side of it is of serious concern to all countries in the world. Migration Governance (global, national and on the European level) is of great relevance. Three forms of migratory movement can be discerned: labour migration (incl. study), family migration (reunification & formation), protection migration (asylum refugees IDPs). In fact, refugees and asylum-seekers represent less than 10% of the total migratory flows. Yet, its impact is enormous. In this course the various aspects of asylum law as well as practical matters in the field will be dealt with. Also the link between asylum on the one hand and migration and statelessness on the other will be highlighted (the so-called triptych). Asylum is not just a human rights issue. Asylum can be looked into from various angles, including economics, demography, statistics, social and political sciences and e.g. economy and sustainable development. This course, focuses on the legal aspects, but the reality in the field will also come to the fore. The course starts with the public international law perspective on migration and refugees in particular, including a close study of articles 13, 14 and 15 of the Universal Declaration of Human Rights. These three articles deal with migration, asylum and nationality (statelessness), and these three aspects will feature throughout the semester. In doing so knowledge of other courses in the Program is mobilized, like on human rights law and international criminal law, allowing students to realize that within the specialized areas of public international law and European law, lawyering is never an isolated exercise. Time will be spent on the implementation of refugee law and the work of the United Nations High Commissioner on Refugees, IOM and ILO. Part of this general introduction to the subject is an intermezzo on nationality, without which concept no discussion on migration is possible.
Lectures / Seminars
Seminar 1 - General Introduction Seminar 2 - Refugees & Asylum Seminar 3 - Seeking and Enjoying Asylum Seminar 4 - Inclusion, cessation and exclusion Seminar 5 - EU asylum law: reception, procedures, qualification Seminar 6 - Upon The Decision: Integration, The Family and/or Return Seminar 7 - The organizations (UNHCR, IOM, ILO)
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Enforcement of International Law
By
Dr. Nadia Banteka MaxPlanck Institute University of Pennsylvania ICTY
Year 3 Quarter 3 Teaching Aims
At the end of the course, students have 1. Deepened their understanding of the concept and scope of International Law Enforcement; 2. Become familiarised with the major scholarly developments in the field of International Law Enforcement; At the end of the course, students can 3. Identify and apply general principles of international law relating to International Law Enforcement; 4. Identify and apply possible means of International Law Enforcement; 5. Deepened their understanding of the factors surrounding International Law Compliance
LAW
Course description
5 ECTS - 140 hours
This seminar will focus on the enforcement of public international law. The first part of the course will cover the sources of states’ obligations to obey international law and different theories as to why states do – and sometimes do not – obey international law in practice. The second part will address the most common enforcement mechanisms available under international law, including countermeasures, collective action, and dispute settlement bodies. The third part of the course will focus on case studies of current enforcement problems in areas such as the use of force, human rights, and the environment.
Lectures / Seminars
Seminar 1 - Why Do States Obey International Law? The Problems of Compliance and Enforcement Seminar 2 - Enforcement Mechanisms in the Iran Hostages Case Seminar 3 - Enforcing Democracy? From Haiti (1991-94) to the “Arab Spring” and Beyond Seminar 4 - Weapons of Mass Destruction: Iran and Nuclear Non-Proliferation Seminar 5 - Responsibility to Protect and the Islamic State in Iraq and Syria Seminar 6 - Non-Consensual Territorial Change: The Russian Annexation of Crimea Seminar 7 - The International Criminal Court & Palestine
Family Law 2 (Comparative)
By
Dr. Ian Sumner University of Cambridge Utrecht University
Year 3 Quarter 4 Teaching Aims
Understanding the fundamentals of international and EU family law with respect to a number of specific areas of law.
LAW
Course description
5 ECTS - 140 hours
This course builds upon the knowledge and skills gained in the Family Law course in the second year, as well as the private international law course. Using the concepts of parental responsibility, parentage, formal and informal relationships, a number of current topics will be discussed on how these affect the current global familial society. Basic issues of EU family law will be discussed, such as jurisdiction in divorce cases, applicable law in custody cases. Furthermore, two major topics will be discussed, namely child abduction and international surrogacy. Both areas bring together all major aspects of family law, both within a national and international context.
Lectures / Seminars
Seminar 1 - Concept of family life, and the interaction of human rights and family law Seminar 2 - International procedural law: jurisdiction and applicable law in EU context Seminar 3 - Hague Child Abduction Convention 1980: Goals and exceptions, application within the EU Seminar 4 - Same-sex unions Seminar 5 - Transgender rights Seminar 6 - Concept of surrogacy and embryo donation Seminar 7 - Home birth and access to abortion
Core Crimes (Aggression & War Crimes)
By
Dr. Nadia Banteka MaxPlanck Institute University of Pennsylvania ICTY
Year 3 Quarter 2 Teaching Aims
At the end of the course, students have 1. Deepened their understanding of the treaty and customary rules concerning Aggression and War Crimes; 2. Become familiarised with the major scholarly developments in the field of Aggression and War Crimes; At the end of the course, students can 3. Identify and apply general principles of international law relating to Aggression and War Crimes; 4. Critically analyze relevant case law; 5. Deepen their Knowledge of current developments in this area
Course description
5 ECTS - 140 hours
Aggression and war crimes are crimes that are by their nature associated with armed conflict. Aggression (jus ad bellum) describes the situation when a state unlawfully attacks another state. Aggression is often regarded as a trigger crime, since this so-called ‘crime against peace’ starts the armed conflict, which provides the de facto lawless environment in which international criminality flourishes. Once armed conflict begins, international humanitarian law (jus in bello) comes into play, and it regulates the conduct of the hostilities and the protection of persons not participating. But despite comprehensive legal regulation of warfare, war crimes are a recurring feature. The course will provide students with a comprehensive overview of the most important international crimes related to armed conflict: aggression and war crimes. After a brief introduction to the concepts of jus ad bellum and jus in bello, the course will tackle the development of the doctrinal and judicial debate on the crime of aggression, up to the most recent pronouncements of domestic and international courts and tribunals and the attempts to define ‘aggression’ as a crime within the ICC jurisdiction and the evolutions of the ICC Review Conference. Students will then be exposed to the contemporary law of war crimes, from its evolution from a set of vague rules binding (some) states to its application by domestic and international tribunals in contexts as diverse as World War II, the former Yugoslavia, and the most recent International Armed Conflicts. The most important categories of war crimes (attack against civilians, torture, infringement of basic rights etc.) will be considered through case studies. Discussion of some of the hotly debated topics of the contemporary law of armed conflict – including targeted killings and the question of unlawful combatants – will be encouraged.
Lectures / Seminars
Seminar 1 - The Difference between Jus in Bello and Jus ad Bellum Seminar 2 - Historical Overview of Aggression Seminar 3 - Jus as Bellum: Towards Criminalizing Aggression Seminar 4 - Jus in Bello: War Crimes and other Violations of International Humanitarian Law Seminar 5 - War Crimes: Attack against Civilians & Murder Seminar 6 - War Crimes: Torture and other Serious Infringements on Basic Rights Seminar 7 - War Crimes: Domestic Implementation of War Crimes
LAW
ICL Procedures By Dr. Alejandro Kiss International Criminal Court
Dr. Hector Olasolo International Criminal Court Columbia Law School
Year 3 Quarter 4 Teaching Aims
Understanding International Criminal Proceedings from a pragmatic and jurisprudential perspective. Providing the basic theoretical framework to understand the law and jurisprudence of the Ad Hoc tribunals and the ICC on those procedural issues which are of utmost practical importance. Developing and exercising the ability to analyze and criticize the relevant case law. Obtaining the necessary skills to work effectively International Courts as staff members or interns.
LAW
Course description
5 ECTS - 140 hours
This course aims at providing students with and understanding International Criminal Proceedings from a pragmatic and jurisprudential perspective. Students will be provided the basic theoretical framework to understand the law and jurisprudence of the Ad-Hoc tribunals and the ICC on those procedural issues which are of utmost practical importance. Throughout the course, students will and opportunity to develop and exercise the ability to analyze and criticize the relevant case law with a view to obtaining the necessary skills to work effectively International Courts as staff members or interns. The course is part of the Bachelor of Law Programme in International and European Law at The Hague University. The main goal of the Programme, which has a strong focus on legal training in an international environment, is to prepare you for a wide variety of international careers in international, multinational or governmental organizations, firms or NGOs. International Criminal Proceedings is part of the Advanced Courses – “Minor/Elective Courses”, to be taken during the third year of your Bachelor studies. During the third year you can take other courses as well, which cover specific issues of International Criminal Proceedings; such as: Rights of the accused and Evidence. The course on “International Criminal Procedure” will deliberately not address these issues but it will provide the theoretical and practical framework within which the tools gained in these courses become operative.
Lectures / Seminars
Seminar 1 - Introduction Seminar 2 - Triggering mechanisms of the International Criminal Court’s jurisdiction Seminar 3 - Analysis of the ICC complementary system Seminar 4 - Prosecutorial discretion Seminar 5 - Pre-trial proceedings Seminar 6 - Trial proceedings Seminar 7 - Victims’ participation, reparations and compensation proceedings
EU Foreign Relations Law By Dr. Els de Busser Max Planck Institute Ghent University
Year 3 Quarter 4 Teaching Aims
At the end of the course, students will be able to understand and discuss the concepts of EU Foreign Relations Law.
Course description
5 ECTS - 140 hours
This course aims at deepening further the understanding of the external interaction of the EU with third states and International Organizations as well as more generally the role of the EU in the world. Since the Maastricht Treaty entered into force in 1993, the EU’s foreign relations have been expanding beyond the classic realm of trade, development and environment, into foreign, security and defense policy under the remaining 2nd pillar, as well as into police and judicial cooperation now incorporated also into the 1st pillar. The abolishment of the third pillar, or even the pillar structure itself by the Lisbon Treaty provides new opportunities, but also new challenges, and the filling of the new provisions with life, which will be examined closely, including the development of the External Action Service, and the consequential contrast between Member States´ and EU interests and actions. This course will provide a detailed overview of the constitutional and legal foundations of the EU foreign relations. The first part of the course is devoted to the fundamental principles and elements as codified by the Treaties and case-law, e.g. legal personality of the Union, the main actors in EU foreign relations, the division of competences, the instruments of EU external action and their effects. The second part of the course will explore some of the EU external policies, such as the Common Commercial Policy (CCP), the Common Foreign and Security Policy (CFSP), the Common Security and Defence Policy (CSDP), and the European Neighborhood Policy (ENP).
Lectures / Seminars
Seminar 1 - The EU as a Global Player and the Main Actors Seminar 2 - The Existence, Nature and Scope of EU External Competences Seminar 3 - International Instruments 1: Conclusion, Binding Character and Integration Seminar 4 - International Instruments 2: Effects in the EU and MS legal orders Seminar 5 - Common Commercial Policy, the WTO and TTIP Seminar 6 - Common Foreign and Security Policy and Common Security and Defence Policy Seminar 7 - The EU and its Neighbours
LAW
EU Energy Law By Mr. Aurelien Lorange European Commission European Parliament SAS University of Aix-en-Provence Stockholm Universitet
Year 3 Quarter 2 Teaching Aims
Upon completion of this course, a student should be able to: 1. Understand the context of the scarcity of old sources or energy and apparition of clean energy, the rights and obligations of actors and develop the ability to draft relevant legal instruments 2. Understand and apply the fundamental principles and rules of Energy Law on the territory and on economic interests of the European actors of the energy sector in the EU and outside. 3. Develop the ability to advise on the legal issues related to Energy Law and represent weighing up the relevant interests in a complex structured case, with interim supervision and instruction and some urgency
LAW
Course description
5 ECTS - 140 hours
This course explores the concepts of Energy law and the complex system of obligations of the States, energy regulators, companies in the European Union, respecting not only the EU regulations and packages but also the International Conventions applying to the European actors. Should oil, gas, nuclear energy, renewable energies have different system of regulation? How is it possible the European Competition rules applicable on markets generating more profits than any other market since the end of the 19th century? What is the link between Energy law and Environmental law? Considering that European Energy Companies operate outside of Europe for the exploitation of resources, how the liability is triggered on the territory of the European Union in the case of an accident happening outside of Europe? EU Energy law has two main features: the role of the Public Authorities regulating, maintaining the competition between the actors and the role of the large energy companies supplying the whole economy with resources which are indispensable for all the sectors. Lex mercatoria, administrative law and environmental affairs show that Energy Law is one of the few areas where law, politics, economy and more and more environmental affairs are reforming the system in order to find a solution to the end of oil as main source of energy for the world that we know for almost two centuries. Various international treaties, EU regulations and policies will be discussed and analysed, starting with the European Coal and Steel Community agreement to the European Energy Policy triggering the next and future regulations currently in discussion.
Lectures / Seminars
Seminar 1 - Introduction to International Energy law in application in the European Union Seminar 2 - Sovereignty and sustainable development Seminar 3 - International regulation for Energy trade and Investment Seminar 4 - Energy activities and international regulations (Part I – non-renewable energy) Seminar 5 - Energy activities and international regulations (Part II – renewable energy) Seminar 6 - EU Energy law and Policy Seminar 7 - Energy, Human Rights and Environment
Investment Dispute Settlement
By
Ms. Zahra Mousavi Iran-US Claims Tribunal BILS University of Leicester Azad University of Tehran
Year 3 Quarter 2 Teaching Aims
Learning goals of the course are: legal analysis of investment treaties in disputes; legal analysis of arbitral tribunals’ differing approaches to the substantive provisions of investment treaties; and making decisions with regard to the disputes on investment treaty terms and protections. The course is intended to develop competency in legal analysis by comparing arbitral tribunals’ differing approaches to similar issues, regulation by discussing states’ choices in attracting investment while preserving sovereignty, and decision-making by requesting that students consider how they would define investment treaty terms. It allows students to deepen their knowledge and understanding of international investment law and international arbitration.
LAW
Course description
5 ECTS - 140 hours
Rules of Investment Law towards a deepen knowledge on investment disputes. The distinct field of international investment dispute settlement has arisen due to the increase in investment treaties that not only provide substantive investment protections, but also dispute resolution mechanisms. Arbitrations between investors and states regarding the protections afforded in these treaties interpret relevant treaty provisions, and these arbitrations create opportunities for attorneys and scholars to practice in the field and assist in its evolution, while also contributing more broadly to international law. This course examines the foundations of international investment dispute settlement and the jurisdictional prerequisites for establishing international investment treaty claims. Then the substantive obligations of these international agreements, and the circumstances under which tribunals have found those obligations to have been breached, will be reviewed. Moreover, students learn about the states’ sovereignty concerns that have arisen in the context of the investment arbitration system. Last discussion will be devoted to the enforcement mechanisms. The course will be taught using seminars, discussion of case studies, and assignments. Students are expected to play an active participatory role in this seminar.
Lectures / Seminars
Seminar 1 - Introduction to the Investment Dispute Settlement Seminar 2 - Consent to Investment Arbitration Seminar 3 - Jurisdiction Seminar 4 - Substantive Obligations (I) Seminar 5 - Substantive Obligations (II); and investment protection under TTIP Seminar 6 - Necessity and Sovereignty in Investment Treaties, and International Arbitration Seminar 7 - Damages, Post-Award Remedies, and Enforcement
Insurance Law By Mr. Jeff Dahl University of Miami University of Colorado Boulder
Year 3 Quarter 2 Teaching Aims
At the end of this course, a student should be able to: 1. Identify and outline the basic elements of insurance law. 2. Analyze and evaluate the concepts in light of changing factual patterns by studying and analyzing case law. 3. Undertake an advanced level of contract interpretation through examination of policy terms and by applying policy language to a variety of factual scenarios. 4. Exercise an advanced level of legal reasoning through the analysis of facts, policy language and applicable case law.
Course description
5 ECTS - 140 hours
This course is designed to give students insight into the law of insurance in its different aspects. The course will focus primarily on common elements of insurance law across multiple jurisdictions. Insurance, and the intrinsic concept of spreading the risk, is essential to any commercial, financial or personal endeavor. Insurance protects business and individuals from unpredictable events. Insurance preserves capital, both human and financial, and, thusly, promotes the risk taking necessary for the prosperity of capital based economies. While insurance regulation, and the concomitant business of insurance, is highly decentralized around the world, certain legal principles hold true across legal jurisdictions. This course will focus on those common concepts. Insurance Law will be introduced from a historical context and a comparison will be made between the European attempt at a single market and the American experience of 50 separate markets with a focus on the importance of insurance in international commerce. A full lecture will be devoted to the concept of insurable interest with regard to who and what can be insured, and whom can benefit from such insurance. The concept of the insurance contract, formation requirements and questions of misrepresentation and disclosure as well as warranties and conditions will be considered. Questions of insurance policy construction will be examined, including coverage triggers and exclusions. The course will also look at the claims process, including questions of notice, causation and, ultimately benefits, or indemnity. Also examined are the concepts of subrogation and contribution and why they are critical in spreading the risk of loss. The course concludes its examination of insurance law through an examination of some specific types of insurance coverage often found in international commerce.
Lectures / Seminars
Seminar 1 - Introduction to Insurance Law and Insurance Regulation Seminar 2 - Insurable Interest Seminar 3 - The Insurance Contract Seminar 4 - Policy Construction, Coverage Triggers and Exclusions Seminar 5 - Claims Seminar 6 - Subrogation, Contribution Seminar 7 - Typical Coverages Found in International Commerce
LAW
Maritime & Transport Law By Mr. Jeff Dahl University of Miami University of Colorado Boulder
Year 3 Quarter 1 Teaching Aims
Upon completion of this course, a student will be able to: 1. Explain the origins, sources and jurisdiction of maritime law. 2. Classify different modes of transportation. 3. Apply international maritime law (treaty law), general principles of maritime law and case law from specific jurisdictions to resolve disputes regarding contracts for carriage of cargo and passengers. 4. Explain the historical and substantive connection of maritime law to other areas of transportation law
LAW
Course description
5 ECTS - 140 hours
Four-fifths of the world merchandise trade (9.84 billion tons of cargo) is transported by sea. This course will introduce maritime law and examine core concepts of maritime law in the context of transportation of cargo and passengers and how some of those concepts provide the groundwork for other areas of transportation law. Unfortunately, the breadth of maritime law cannot be covered in one quarter. As for the even larger topic of transportation law (which includes all modes of transportation including pipelines, data transfer and space travel), we can only crack open the hatch and peek inside. To avoid putting ourselves on beams end, we will begin by examining the broad nature of transportation in general, but quickly narrow our inquiry to an examination of the unique aspects of maritime law. Having learned the ropes, we will get underway and examine the specific aspects of maritime law related to the transportation of cargo including the unique aspect of inter or multimodal cargo, where a container arrives at its destination by means of 2 or more modes of transportation. Finally, we will look at the contract for carriage with regard to the transport of people.
Lectures / Seminars
Seminar 1 - Introduction to the transportation industry, origins of maritime law and maritime law as a starting point for transportation law Seminar 2 - Sources, jurisdiction and dispute resolution Seminar 3 - Liabilities of vessels Seminar 4 - Carriage of cargo Seminar 5 - Charter Parties Seminar 6 - Intermodal Transportation Seminar 7 - Carriage of passengers
Corporate Liability By Ms. Hyun-Ju Park Hogan Lovells Leiden University
Year 3 Quarter 4 Teaching Aims
LAW
Course description To be taught for the first time in April 2017.
Lectures / Seminars
5 ECTS - 140 hours
Anti-Money Laundering Compliance
By
Mr. Paul Garlick OSCE Furnival Chambers Special Department for War Crimes
Year 3 Quarter 3 Teaching Aims
LAW
Course description To be taught for the first time in February 2017.
Lectures / Seminars
5 ECTS - 140 hours
Anti-Corruption Compliance
By
Dr. Abiola Makinwa
Course description
Erasmus Rotterdam University
To be taught for the first time in February 2017.
Year 3 Quarter 3
Lectures / Seminars
Teaching Aims
LAW
5 ECTS - 140 hours
Data Protection & Privacy Compliance
By
Dr. Elif Erdemoglu University of Hamburg Manchester University Harvard Business School
Year 3 Quarter 3 Teaching Aims
LAW
Course description To be taught for the first time in February 2017.
Lectures / Seminars
5 ECTS - 140 hours
Tax Compliance By
Course description To be taught for the first time in April 2017.
Year 3 Quarter 4 Teaching Aims
LAW
Lectures / Seminars
3 ECTS - 84 hours
Year 3 Paper By Dr. Marina Lostal
University of Cambridge, Xian Jiaotong University, EUI
Year 3 Quarter 1-2 Teaching Aims
- Thorough understanding of the research process - Ability to develop a research question within the framework created by the research topics selected by the individual law lines - Ability to develop and present legal arguments - Ability to draft and refine research plans, demonstrating the ability to receive and incorporate constructive feedback
Course description
The aim of the course is to prepare third year students with the skills necessary to successfully complete their LLB thesis. Students will be introduced to the research process and to a selection of research methodologies. By the end of the course, students should - have a good understanding of how to develop a research question; - be able to reflect on their research methodology, informing their research project; - are advised as to how to develop and refine a research plan (including time management and file management skills); - how to write a research proposal; - how to draft, structure and write a research paper, including referencing skills; - how to develop and present a legal argument as evidence of analytical and independent thinking. The year three paper is part of a process to prepare students for their tasks in their final year of study. As such, it should provide students with the opportunity to test their ability to develop a legal argument which will be crucial for the successful completion of the LLB thesis in year four. It will be of most importance for students to gain individual feedback on the presentation and the quality of their legal argument and possible areas for improvement in the context of the year three paper assessment. In contrast to the grading of the final LLB thesis, the development of a structured and coherent argument should be marked much more favourably in the year three paper evaluation.
Lectures / Seminars Non Applicable
LAW
5 ECTS - 140 hours
Project 10 Arbitration
5 ECTS - 140 hours
By Dr. Els de Busser
Course description
Year 3 Quarter 3-4
All students will have the opportunity to act as Counsel in the Ministry of Foreign Affairs for one of four possible countries: UK, Canada, Belgium or Poland. As always, students need to take a fully professional approach: in searching for the relevant facts, building an evidentiary basis for a claim and applying the law and jurisprudence in the representation of their client (the various Ministries) in written and oral pleadings. The Project will help students function effectively as members of a team in a fictional case that involves multiple issues under: (1) Public International Law & Human Rights; (2) International Humanitarian Law & International Criminal Law, (3) European Law; and (4) Commercial Law. By the end of this course the students will have further developed their issue spotting, case strategizing, communication and advocacy skills. During the arbitration process each student will need to interview witnesses, review and use physical evidence to support their case and participate in the creation and performance of opening and closing statements
Max Planck Institute Ghent University
Teaching Aims
The purpose of this project is to further develop students’ legal argumentation skills by exposing them to a simulation of an international arbitration. Specifically, the project has the following competence goals: 1. Legal research and analysis (identifying issues, research, collecting and organizing sources, and applying sources to case) 2. Legal writing, especially persuasive writing (analysing legal argument and responding appropriately with legal argument) 3. Gathering, assessing and managing legally relevant evidence, including developing strategies for acquiring evidence from witnesses through depositions 4. Legal representation skills (identifying with a client) 5. Presentation skills (both written and oral) 6. File management
LAW
The Project of the Second Semester of Year 3 allows students to familiarize themselves with the various steps in an international arbitration proceeding. It focuses on framing a legal claim, the assessment of evidence, case preparation and strategizing, deposition-taking, written pleadings and advocacy.
Lectures / Seminars Non Applicable
EU Law Moot Court By Mr. Philippe Reyniers
Course description
European University Institute
To be asked to the Exchange Coordinator
Dr. Luca Pantaleo
Lectures / Seminars
Asser Institute University of Luxembourg University of Oslo Max Planck Institute
Year 3 Quarter 2-3 Teaching Aims
LAW
Non applicable
3 ECTS - 84 hours
New York MUN By Mr. Jeff Dahl University of Miami University of Colorado Boulder
Ms. Charlotte Irwin Laureate Education King College London University of Liverpool
Year 3 Quarter 2-3 Teaching Aims
Upon completion of the project, a student should be able to: • Represent a client (UN Member State) with interim supervision/supervision as required by: • Applying the appropriate formal requirements. • Representing the client on the basis of a complex and structured instruction. • Represent the client under a certain degree of urgency.
Course description
The New York Model United Nations is the largest collegiate United Nations simulation. The five day conference takes place in Manhattan in March. The purpose of this course is to prepare students for the conference and support them during them while attending the conference. Initially, students will prepare by learning and teaching each other about the UN and its related agencies. Once committee assignments are made, students will begin specific preparation for the conference. Students will also be tasked with organizing travel logistics for the trip. • Manage a file (Position Papers and Draft Resolutions) with interim supervision/indirect supervision by: • Creating a case file. • Retrieving files and making them accessible. • Organize existing and new files. • Distinguish between the main proceedings and minor points within a single file. • Manage multiple files with a certain degree of urgency. • Organize a conference delegation with interim supervision/indirect supervision by: • Organizing simple work processes. • Retrieve and manage simple legal sources. • Apply basic principles of process and quality management. • Collaborate within a legal context. • Verbally communicate with interim supervision/supervision as required by: • Use specific techniques (oral persuasion, negotiation, advise and mediation skills) in a simple situation • Use specific techniques (conflict management, presenting, convening and collaborating) in a complex situation. • Provide and receive feedback in line with the feedback rules in a more complex situation. • Reflect upon one’s own conduct and the collaborative process. • Communicate in writing with interim supervision/supervision as required by: • Writing a clearly structured text on the basis of a complex, structured instruction. • Tailoring the text to the target group. • Using appropriate legal terms of art. • Using correct spelling and grammar (level C2).
Lectures / Seminars Non Applicable
LAW
3 ECTS - 84 hours
Telders International Law Moot Court Competition
By
Ms. Nadia Banteka
Course description
MaxPlanck Institute University of Pennsylvania ICTY
To be asked to the Exchange Coordinator
Period 1 Quarter 2
Non Applicable
Teaching Aims
LAW
Lectures / Seminars
3 ECTS - 84 hours
VIS International Moot Court Competition
By
Ms. Zahra Mousavi Iran-US Claims Tribunal BILS University of Leicester Azad University of Tehran
Year 3 Quarter 2-3 Teaching Aims
LAW
Course description To be asked to the Exchange Coordinator
Lectures / Seminars Non Applicable
3 ECTS - 84 hours
Law & Economics By Mr. Aurelien Lorange European Commission European Parliament SAS University of Aix-en-Provence Stockholm University
Ms. Axelle Cartier McGill University Leiden University De Brauw Blacktone Westbroek B.V.
Year 4 Quarters1 or 3 Teaching Aims
Upon completion of this course, a student should be able to: - Draft, amend, apply existing or potential regulations using the fundamental principles of law and economics. - Explain the practical the economic and legal implications of regulations using a legal reasoning, oral argumentation with little instruction and some urgency.
LAW
Course description
5 ECTS - 140 hours
This course will deepen students’ understanding of the economic analysis of law. After a brief overview of pertinent economic principles, we will apply these principles to regulations and their effects on the interest of the parties. Legal issues and rules will be analyzed in light of concepts including allocative efficiency, Pareto efficiency, Kaldor-Hicks efficiency, and rational choice theory. We will conduct economic analyses of areas of law, including tort litigation, criminal law, and internal market law. The course will also consider criticisms of the law and economics movement; such as claims that it makes over-simplistic assumptions about human nature.
Lectures / Seminars
Seminar 1 - Economic Principles of Law Seminar 2 - Contract and Economic models Seminar 3 - Economic analysis of commercial law, the economic meaning of EU legal products – Competition Law & Economics Seminar 4 - Environmental Law & Economics Seminar 5 - Intellectual Property Law & Economics Seminar 6 - Criminal Law & Economics Seminar 7 - Aviation Emissions Trading System (ETS)
Law & Ethics By Ms. Axelle Cartier McGill University Leiden University De Brauw Blacktone Westbroek B.V.
Year 4 Quarter 2 or 4 Teaching Aims
Students should be able to achieve the following learning outcomes: - To provide advice to the client based on the ethical theories discussed during the course. - To weight up the interest of the parties and to make a decision in a specific problem taking into account the ethical framework for decision making. - To make an oral presentation addressing the application of ethical theories to a specific problem that will be given by the lecturer. - To become familiar with the rules that apply with regard to the correct method of source citation and to make responsible use of (legal) sources.
LAW
Course description
5 ECTS - 140 hours
This course will study the place of ethics in society at both philosophical and practical levels. Areas of analysis will include the relationship between ethics and morality and an examination of the source of and rationale for ethical frameworks in society generally, turning to then to various specific ethical issues and dilemmas. We will begin by examining general ethical theories to address the rules and principles that determine right and wrong for a given situation. Students will make use of normative ethical theories to explain at what point can be said that a particular behavior is more than just different to what we would have done, but in some way actually wrong? By using the word normative, these theories propose to prescribe the morally correct way of acting. After discussing ethical theories, we will move on to consider the ethical responsibilities of certain decision-makers, including legal actors and other professionals. A review of codes of conduct, various ethical guidelines and practices will assist in the comprehension and analysis of a variety of ethical approaches and their intrinsic value. Students will build on their previous knowledge of approaches to questions of ethics in the practical legal realm and will have the opportunity to apply their understanding to a different range of ethical problems over the course of the quarter. Students will develop their ideas and augment their knowledge through class discussions and in-class debates.
Lectures / Seminars
Seminar 1 - Introduction to Ethics: Ethics, Moral and Justice Seminar 2 - Ethical Theories: Natural law, Utilitarianism, Egoism and Libertarianism Seminar 3 - Ethical Theories: Ethics of Rights, Ethics of Duties, Postmodern Ethical Theories Seminar 4 - Ethical Theories: Workshop decision making: Ethical Theories Seminar 5 - Applied Ethics: Business Ethics Seminar 6 - Applied Ethics: Conflicting Loyalties Seminar 7 - Applied Ethics: Financial Incentives
Law & Practice By Dr. Tamara Lewis Max Planck Institute, Ghent University
Ms. Christine Tremblay Asser Institute, University of Luxembourg, University of Oslo
Mr. Paul Garlick Max Planck Institute, Ghent University
Year 4 Quarter 1 or 3 Teaching Aims
1. Preparation of students to enter the legal profession by providing an overview of the ethical duties and professionalism essential for any legal career. 2. Introduction to fundamental practice management issues, which may confront students in their future employment and are essential for successful integration into a law firm or legal environment. 3. Augmentation of the knowledge and skills acquired over the last three years of study, with a practical presentation and discussion of professional responsibilities. 4. At the completion of the course, the student should be able to independently represent a client on the basis of simple and structured instruction and utilize appropriate formal requirements in the process.
LAW
Course description
5 ECTS - 140 hours
Professionalism involves a willingness to help others, dedication to the pursuit of justice and a commitment to quality. It is also comprised of the strict adherence to a set of values derived from statutory professional obligations, formally agreed codes of conduct and the expectations of clients, employers, the judiciary and colleagues. The relationship between lawyer and client is a fiduciary relationship, requiring the lawyer to act in the best interest of the client, maintaining confidentiality at all times. Law and Practice is a unique course that offers students the opportunity to familiarize themselves with the expectations and challenges of work in the field of law. The course combines knowledge and skills with practical advice. Moving from the study of law to a career in law demands a clear understanding of the challenges that lie ahead and familiarity with the expectations placed on lawyers. Through class presentations, exercises and discussions, students will develop an appreciation of the significance of the role of a lawyer in society and the importance of the adherence to and promotion of the rule of law. Insight will be provided into the ethical and professional responsibilities of a lawyer, including the dictates of governing bodies and practical matters such as trust accounting and proper billing practices. Students will also be exposed to the fundamental demands upon a professional and the essential attributes of a lawyer, including honesty and integrity and the desire to commit oneself to a helping profession. Specific ethical and practical issues likely to be encountered in most legal careers will be considered; such as “solicitor – client” privilege, confidentiality, conflict of interest, misconduct, as well as practice management issues, such as effective work habits, client contact, interview techniques, workload, time and file management. Self - governance, regulatory schemes and professional conduct regimes in various jurisdictions will be discussed. Students will also be provided with critically important practice tips and an overview on how to establish effective client relations, accounting/filing systems, stress management techniques and how to foster positive relationships with clients and colleagues.
Lectures / Seminars
Seminar 1 - The Role of a Lawyer Seminar 2 - Advocacy Beyond the Courtroom Seminar 3 - Ethical and Professional Obligations - Part 1 Seminar 4 - Ethical and Professional Obligations - Part 2 Seminar 5 - Practice Management Issues - Business Considerations / Organization Seminar 6 - Practice Management Issues - Client Contact / Effective interviewing Seminar 7 - Career Considerations
Internship By Ms. Cheryl Balm
Course description
30 ECTS - 840 hours
University of Waterloo Elsevier Laureate Online Education
The mandatory 30-ECTS Internship enables the student of the International Bachelor of Law Program to further develop and acquire ‘on the job’ - i.e. in a real-life work environment - the knowledge, skills and professional attitude (together competences) needed to be successful on a competitive labour market.
Year 4 Quarter 1-2 or 3-4
Lectures / Seminars Non Applicable
Teaching Aims
1. Preparation of students to enter the legal profession by providing an overview of the ethical duties and professionalism essential for any legal career. 2. Introduction to fundamental practice management issues, which may confront students in their future employment and are essential for successful integration into a law firm or legal environment. 3. Augmentation of the knowledge and skills acquired over the last three years of study, with a practical presentation and discussion of professional responsibilities. 4. At the completion of the course, the student should be able to independently represent a client on the basis of simple and structured instruction and utilize appropriate formal requirements in the process.
LAW
LL.B Thesis By Dr. Elif Erdemoglu University of Hamburg Manchester University Harvard Business School
Year 4 Quarter 1-2 or 3-4 Teaching Aims
The LLB Thesis strives to achieve three intertwined purposes. First, the thesis module aims to train students in academic legal research and the processes of academic discourse (receiving and utilizing feedback). Secondly, the course aims to assess through the final written product whether the student meets certain minimum qualifications in terms of body of knowledge, as well as the competencies of legal analysis, decision-making and legal communication. Thirdly, the LL.B. Thesis constitutes the final assessment moment for the students’ oral and written communication skills. As such, it seeks to exercise students in the ability to use legal conversational techniques in complex cases as well as to provide and receive feedback.
LAW
Course description
5 ECTS - 140 hours
The course LL.B. Thesis is a semester course. The course has two main components. The first component is process oriented. It consists of the training of the LLB Thesis Candidates in legal research and academic discourse. This part focuses on the preparation of the thesis. Students are required to conduct research, receive and utilize feedback, as well as critically engage with current legal argumentation on a specific topic. The second component is product oriented. At the end of that process, the thesis candidates should submit an academic paper that meets certain requirements in terms of body of knowledge and legal competencies, as detailed below. Moreover, the paper must be successfully defended in a viva before a panel of examiners. At a minimum, the preparation of the thesis, the thesis itself and the viva should justify the award of an LL.B. degree to the Thesis Candidate. The Thesis process takes place under the guidance of the Thesis Supervisor. The Thesis may draw from the author’s internship experience or his/her previous academic experience. However, the paper must represent an original analysis and must not merely restate others’ work or summarize the literature. Students are required to engage with current legislation, literature and jurisprudence, where applicable. Minimum requirements and technical instructions are included below.
Lectures / Seminars Non Applicable
Nadia Banteka MaxPlanck Institute, University of Pennsylvania, ICTY Enforcement of International Law, Core Crimes (Agression & War Crimes)
AurĂŠlien Lorange European Commission, European Parliament, SAS, University of Aix-en-Provence Internet Law, Intellectual Property Law, EU Energy Law, Law & Economics, Project 2, Project 3
Cheryl Balm University of Waterloo, Elsevier, Laureate Online Education Internship Coordinator
Marina Lostal PhD University of Cambridge, Xian Jiaotong University, EUI Public International Law, Skills 4, International Criminal Law, Project 1, Core Crimes (Genocide & Crime against Humanity)
Rachel Barrett KPN Telecom, Q8, BHP Billiton Management Assistance Els de Busser Max Planck Institute, Ghent University Programme Director
Abiola Makinwa PhD Erasmus Rotterdam University Introduction to Law, Contract Law, International Trade Law, Corporate Sociel Responsibility, Multinationals & Corruption
Hesther Calis Arnold & Siedma, KPN Group Coordinator External Relations, Coordinator Exchange
Stefania Marassi Maastricht University, University of Trento, Tillburg University, ICTY Tort Law, International Labor Law, EU Employment Law, EU Sports Law
Axelle Cartier McGill University, Leiden University, De Brauw Blacktone Westbroek B.V. Law & Economics, Law & Ethics
Irma Mosquera Valderrama PhD Erasmus University Rotterdam, Utrecht University, University of Groningen Principles & Rules of Investment Law, Principles & Rules of Tax Law, International Taxation, Law & Ethics
Szilvia Csevar Special Court for Sierra Leone, International People’s Tribunal CAH in Indonesia Public International Law Ian Curry-Sumner PhD University of Cambridge, Utrecht University Contract Law, Family Law, Private International Law 2 Jeff Dahl University of Miami, University of Colorado Boulder Tort Law, Skills 5, Skills 8, Insurance Law, Model United Nations, Law & Practice Wibe Douma PhD Asser Institute, University of Groningen, Ministry of Social Affairs Environmental Law
Zahra Mousavi Iran-US Claims Tribunal, BILS, University of Leicester, Azad University of Tehran Contract Drafting, Investment Dispute Settlement David Nederlof University of Amsterdam EU Public Law Hector Olasolo PhD International Criminal Court, Columbia Law School ICL Procedures, ICC Moot Court Hyun-Ju Park Hogan Lovells, Leiden University Corporate Law, Advanced Corporate Law, Tort & Business
Elif Erdemoglu PhD University of Hamburg, Manchester University, Harvard Business School Corporate Law David den Dunnen North Atlantic Association, Maastricht University Skills 1, Skills 2, International Organizations Law, NATO & International Security, Internship
Philippe Reyniers European University Institute EU Decision Making, Competition Law 2 Miera Sibug Monteiro Maastricht University Intellectual Property Law, Study Coach, Tutoring
Maria Eva Foldes PhD Tilburg University, University of Vienna, Erasmus Rotterdam University Introduction to EU Law, EU Decision Making, Project EU Crisis, Consumer Protection
Joris Sprakel Fischer Advocaten, Vrije Universiteit Amsterdam Team Leader, Administrative Law, Human Rights Law, Human Rights Enforcement
Paul Garlick OSCE, Furnival Chambers, Special Department for War Crimes Criminal Law, Skills 6, Skills 7, Evidence, Rights of the Accused, Telders Moot Court, Law & Practce
Christine Tremblay McGill University, Leiden University Tutoring
Mark Hanna University of Essex, University of Leiden, New York Bar, Queen Mary University Skills 4, Skills 8 Catherine van Hoogstraten Erasmus University, International Criminal Court, Amnesty International Family Law, Human Rights Enforcement, Civil & Political Rights, Gender & Law, EU Consumer Protection Charlotte Irwin Laureate Education, King College London, University of Liverpool Team Leader
Diane Turner Kelliher & Turner, Ministry of Attorney General of Ontario, King College of London Criminal Law, Skills 7, Evidence, Rights of the Accused, Project 10, Law & Practice Michail Vagias PhD Leiden University Constitutional Law, European Criminal Law, Courts & Litigation, Use of Force, ICC & Other Tribunals Arjan Vermeer Asser Institute, Ministry of Justice, UN International Law Commission Law of International Organisations 2, International Humanitarian Law,
Desmond Johnson University of Copenhagen Constitutional Law, Administrative Law, Human Rights Law
Barbara Warwas PhD EUI, University of Wroclaw, International Court of Arbitration, GE Oil & Gas Advanced Corporate Law, Skills 3, Property Law, International Trade Law, Project 3, Arbitration
Eva Kassoti PhD University of Bristol EU Public Law, Competition Law, Individual Criminal Responsibility
Guido Wilbers Leiden University, AVRO Brocasting Company Introduction to EU Law
Alejandro Kiss International Criminal Court ICL Procedures
Piet Willems Ghent University Introduction to Law, Skills 6, Competition law, Project 1, Telders Moot Court
Tamara Lewis PhD University College of Dublin, Maastricht University, Columbia University Skills 2, Skills 3, Skills 5, Internship, Law & Practice, Coordinator Projects
William Worster UMKC, Leiden University, ICTY, Law Office A.E.Gustafsson P.C. Public International Law, International Organizattions Law, Project 4, Theory & Sources of International Law, Refugee Law
Faculty Executive Academics Professional Staff Professional & Educational Background
THUAS
Faculty of the International & EU Law Programme Liduine Bremer Faculty Director, Dean - Faculty of Law, Management & Security Studies
Curriculum Committee
Hilde Cadenau Programme Director Joris Sprakel Team Leader
Charlotte Irwin Team Leader Ian Curry-Sumner
Chairperson Michail Vagias Coordinator
Eva Kassoti Coordinator
Abiola Makinwa & Barbara Warwas Coordinators
Jeff Dahl Coordinator
International Law Line
EU Law Line
Commercial Law Line
Skills Law Line
Nadia Banteka Axelle Cartier David den Dunnen Wybe Douma Paul Garlick Desmond Johson Alejandro Kiss Janet Kruseman Marina Lostal Hector Olasolo Joris Sprakel Diane Turner Arjen Vermeer William Worster
AurĂŠlien Lorange Stefania Marassi David Nederlof Julia Schmidt Guido Wilbers Piet Willems Philippe Reyniers Eva Maria Foldes Els de Busser Luca Pantaleo
Ian Curry-Sumner Elif Erdemoglu Jeff Dahl Irma Mosquera Valderrama Zahra Mousavi Hyun-Ju Park Catherine van Hoogstraten
David den Dunnen Paul Garlick Mark Hanna Tamara Lewis Marina Lostal Diane Turner Jonas Fechtner
Exam Board Piet Willems Member Miera Sibug-Montero Member
Groups & Meetings
Management Team: Hilde Cadenau Programme Day: Joris Sprakel Tutor Meeting: William Worster External Relations: Hesther Calis Internationalisation: Hyun-Ju Park Student Ambassadors: Hyun-Ju Park Research: Michail Vagias
Programme Committee
Assessment Committee
William Worster Chairperson David den Dunnen Member Marina Lostal Member Student Representatives
Stefania Marassi Chairperson Eva Maria Foldes Mark Hanna Miera Sibug-Montero Members
External Relations Hyun-Ju Park Coordinator of Internationalisation AurĂŠlien Lorange Founder & Organiser Employment Network Event Hesther Calis Coordinator PAC & Exchange Coordinator Cheryl Balm Internship Coordinator Miera Sibug Monteiro Organiser Employment Network Event
Professional Advisory Committee (PAC) Hesther Calis Chairperson Law Professionals Representatives
Other Responsibilities & Events
Tutorials: Guido Wilbers Study Coaching: Zara Mousavi, Miera Sibug Monteiro Visits (Introduction Week, Brussels, Geneva): Guido Wilbers, David den Dunnen Weekly Assemblies, Guest Lectures, Meet-a-Lawyer: Hesther Calis Management Assistance: Rachel Barrett Project Line: Tamara Lewis Year 4 courses: Szilvia Csevar
International & EU Law Programme
IEL Student Profiles - Alumni 1/2
Olivia Flasch (Sweden)
Denitsa Marinova (Bulgaria)
Current position: MJur Candidate at the University of Oxford. Olivia lives in Oxford. She graduated at 2015 with high distinction (summa cum laude) of the International & Eu Law Program. She is Winner of the 37th edition of the Telders International Law Moot Court Competition as representative of the International and EU Law Program of The Hague University of Applied Sciences in 2014. She was awarded the Max Huber Award for the Team with the Highest Overall Score, the Award for the Best Oral Argumentation for the Respondent. She was individually awarded the award for Runner-Up Best Oralist. As Winning Team of Dutch Pre-Selection Rounds she was individually awarded for Best Oralist. During her studies in the International & EU Law Programme, she interned at the Prosecutor’s Office of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague. She published an article in the Journal on the Use of Force and International Law, in May 2016 titled: ‘The legality of the air strikes against ISIL in Syria: New insights on the
Current position: Trainee solicitor at Covington & Burling LLP. Denitsa lives in London. She graduated from the International & EU Law Program in 2012 with specialization in Commercial Law. She finished International Commercial Law (LL.M.) with distinction at University of Nothingham. During her studies in the International & EU Law program, she interned at
extraterritorial use of force against non-state actors’.
Mihail Vatsov (Bulgaria) Current position: PhD Candidate at University of Edinburgh. Mihail lives in Edinburgh. He graduated at 2012 with specialization in EU Law after completing the 4 years programme in 3 years. Valedictorian of his class. Subsequently he finished European Union Law (EUI) (LL.M.) at Maastricht University and Comparative, European and International Law (LL.M.) at the European University Institute (Florence, Italy). He was attached as researcher to the EUI. During his studies in the International & EU Law Programme, he interned at the Organisation for the Prohibition of Chemical Weapons OPCW), The Hague.
Vladimir Atanasov (Bulgaria) Current position: Office of Legal Affairs, NATO Headquarters. Vladimir lives in Brussels. He graduated the International and European Law program with honors (cum laude) in 2012 and subsequently finished an LL.M. program at the University of Edinburgh specializing in European Law. During his studies in the International & EU Law Program, he interned at Eurojust, Europol, OPCW, and the ICC.
the International Bar Association – the ICC Program in London.
Janos Ferencz (Hungary) Current position: Trade Policy Analyst at OECD in Paris. Janos graduated in 2013 with distinction (cum laude), specialized in Public International Law and International Human Rights Law from the International & EU Law Program. He finished European Union Law (LL.M.) at Maastricht University as well as a Law Honours Research Track Program at Maastricht Graduate School of Law within one year. He has participated in the Telders International Law Moot Court Competition as representative of the International and EU Law Program in 2012 and was awarded the position of 10th Best Oralist of the Competition. He interned at the T.M.C. Asser Institute in The Hague. He is fluent in English and Dutch.
Alexandra Baciu (Romania) Current position: Graduate Diploma in Law UK (before the UK Bar exam). Alexandra lives in London. She graduated with high distinction (summa cum laude) in 2014 at the International and EU Law program. She received a Diploma in International Commercial Arbitration at the University of Oxford, Jesus College. She subsequently finished a Master of Laws (LL.M.), Law at the University of Cambridge. During her studies in the International & EU Law Program, she interned at the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague and the at the Organisation for the Prohibition of Chemical Weapons (OPCW). She is fluent in Spanish and English.
IEL Student Profiles - Alumni 2/2
Maria Porta della Rodiani (Italy)
Miriam Boxberg (The Netherlands)
Current position: LL.M. student at the London School of Economics and Political Science (LSE). Maria lives in London. She graduated in 2014 from the International & EU Law Programme with high distinction (summa cum laude). She is Winner of the Telders International Law Moot Court Competition as representative of the International and EU Law Program in 2014. During her studies in the International & EU Law Program, she interned at
Current position: Mercator Fellow on International Affairs. Miriam lives in Essen (Germany). She graduated from the International & EU law Program in 2012. She finished Public International Law (LL.M.) at the University of Cambridge (LL.M.) with distinction. During her studies in the International & EU Law program, she interned at The Office of the Prosecutor at the UN International Criminal Court for the Former Yugoslavia (ICTY), The British Embassy in The Hague, the International Court of Justice and the Presidency of the International Criminal Court. She is an editor of the Cambridge Journal of International
the United Nations EOSG office in New York as Policy intern.
Svetlana Anatolyevna Sinyakova (Russia) Current position: Consultant at KPMG Australia. Svetlana lives in Melbourne. She graduated in 2014 from the International & EU Law Program, specialized in Commercial Law. Subsequently she finished an LL.M. in International Tax, International Business, Trade and Tax Law at the University of Melbourne. During her studies in the International & EU Law Program she interned at Crocs, Inc.
Lyuben Tyulekov (Bulgaria) Current position: Legal Assistant at the Council of European Union (Council of Ministers), portfolio: Veterinary and Plant Health Questions, Food Chain and Forestry Unit. Lyuben lives in Brussels. He graduated in 2012 with specialization in EU Law from the International & EU Law Program. He subsequently finished European Union Law (LL.M.) and Corporate and Commercial Law (LL.M.) at Maastricht University. During his studies in the International & EU Law Program, he interned at the European Parliament in Brussels and at Eurojust, The Hague.
Natalia Banas (Poland) Current position: HR employment policy and benefits advisor at Royal Dutch Shell. Natalia lives in Krakow (Poland). Upon graduation at THUAS in 2013 she finished the Forensics, Criminology and Law program at Maastricht University (LL.M.) and subsequently a postgraduate program Criminalistics and forensic examinations at the Jagiellonian University of Krakow, Poland. During her studies in the International & EU Law Programme, she interned at the United Nations Regional Information Centre (UNRIC).
& Comparative Law.
Dionysis Stivas (Greece) Current position: Legal Consultant at OECD in Paris. Dionysis lives in Paris and he graduated in 2013 from the International & EU Law Programme (cum laude), specialized in EU Law. He finished European Union Law (LL.M.) at Maastricht University in 2014 and he graduated from the College of Europe in Bruges in 2015. During his studies he interned at the Court of Justice of the European Union. He is now accepted for doctoral research at the University of Hong Kong.
Nane Engelhart (The Netherlands) Current position: Associate Legal IP Counsel at TomTom. Nane lives in Amsterdam. She graduated in 2013 from the International & EU Law Program. During her studies, she interned at TomTom in Amsterdam and she was hired within the same year as Associate Legal Counsel. In March 2015, she and her team won the European Intellectual Property Team-of-theYear award. With the same team she also won in June 2015 the Global Intellectual Property Team-of-the-Year award in New York.
Miroslav Kotleba (Slovakia) Current position: Tax Advisor at PwC New York City. Miroslav lives in New York City. He graduated in 2015 from the International & EU Law Program. He graduated in March 2016 from the University of Florida, Levin College of Law, specialized in Tax law. During his studies in the International & EU Law Program, he interned at BlauStein law firm and the Asian Pacific Dispute Resolution Center in Los Angeles.
International & EU Law Program The Hague, The Netherlands 76 courses taught in English
All law courses within the International & EU Law (IEL) Program are taught in English. Students seeking to study abroad as an exchange student at The Hague University of Applied Sciences (THUAS) may do so during the spring and/or fall semester. 38 courses are offered during the spring semester and in the fall semester 38 different courses are offered. These courses are taught by experienced national and international professors and lecturers, especially legal practitioners, and include offerings in International Criminal Law, War Crimes, Law of International Organization, Public International Law, European Union Law, EU Foreign Relations Law, Comparative and Commercial Law, Environmental Law, Human Rights, International Commercial Arbitration, Law of International Organizations, Internet Law, Information Privacy and Data Protection, Maritime & Transport Law, and more.
Current exchange partners
IEL has exchange agreements with LUISS Guido Carli, University of Barcelona, Catholic University of Lille, Victoria University in Melbourne, Royal University Center of Madrid, University of Poitiers, University of Bordeaux, Moscow State University, Beijing Normal University, Beijing Foreign Studies University, Sun Yat Sen University in Guangzhou. On average, The IEL Program will welcome approximately 10-15 exchange students from partner schools in 2016. The IEL Program normally send up to two to four students per destination each year. IEL is currently strongly expanding the network also with research collaboration purposes in Europe, North and South America and in Asia.
Term schedule
Inclusive of a mandatory orientation program, the fall semester normally runs from September through January, and is split into two separate sessions. The first session typically lasts ten weeks including exams, taking place between early September and mid-November, while the second session rounds up the semester, running from early November to mid-January. The spring semester runs from February until the beginning of July with again two separate sessions. The first session ends in mid-April and the second session ends in July.
Strengths of the program
The IEL Program is currently ranked best Bachelor of Law of the Netherlands (Elsevier survey) and largest program of The Hague University of Applied Sciences – has a highly educational program for the students enrolled. The combination of international law courses during four full years, legal skills courses, projects, portfolios, papers and theses, internships in the network of professionals in The Hague (international courts, EU agencies, NGOs, companies, law firms), the participation to the four international moot court competitions (victory in the Telders International Moot Court Competition in 2014), guests lectures by international judges, lawyers, makes the Ministry of education considering the IEL Program as the most demanding and ambitious LL.B existing in the Netherlands with a level of expectations higher than the other LL.Bs in the country. IEL’s exchange program has a strong focus on international law, especially international criminal law and comparative business law, and even enables exchange students to take lines of courses granting non-award certificates for each specialization. Method” to enable students and lecturers from around the world to actively engage in and explore issues in international and comparative law from various legal perspectives due to more than 20 nationalities among the Faculty. Courses are accredited by the Ministry of Education of the Netherlands allocating ECTS and thus allows for increased ease of credit transfer among others in Europe and through conversion the US and Australian systems. The IEL Program will help to place interested exchange Law students in internships at esteemed international organizations, tribunals, non-governmental organizations, law firms, embassies, in The Hague region, Amsterdam or Brussels before the fall semester or after the spring semester, thanks to its unique renown internship, job and fair called “Employment Network Event” enhanced the options tremendouslyfor careers in International Law.
Housing
The IEL Program does not provide on-campus housing, but does attempt to guide the exchange students on the accomodation system in The Hague. The International Office of the university will provide additional information regarding housing and other off-campus options.
Contact Information Hyun-Ju Park, Coordinator of Internationalization H.Park@hhs.nl
Aurélien Lorange, Hesther Calis, Founder Employment Network Event Exchange Coordinator A.Lorange@hhs.nl H.T.E.Calis@hhs.nl
Cheryl Balm, Internship Coordinator C.Balm@hhs.nl
International and EU law program Facts & Stats International & EU law Program Founded: 2007 Number of students in 2016: 850 Number of Faculty members: 40 Nationalities among the students: 45 Nationalities among the Faculty: 20 Proportion of non-Dutch nationals among the students: 72% Law courses: 69 (27 mandatory, 42 elective) Legal Skills courses: 8 Mandatory Projects: 5 Mandatory: Year 4 Internship (6 months), Year 3 Paper, Year 4 Thesis Language of instruction: English Number of study years: 4 ECTS granted: 240 Specialisations: 4 - Public International Law, International Criminal Law & Human Rights, European Union Law, Commercial & Comparative Law. Professional organisations visiting the IEL Program and providing internships: 120 Moot court competitions: Telders Moot Court Competition (Victory in 2014), EU Law Moot Court Competition (the IEL Program hosts regional finals in 2017), VIS International Arbitration Moot Court competition, ICC Moot Court Competition. Participation to the Model United Nations in New York Professional Advisory Committee: Netherlands Helsinki Committee - Institute for Environmental Security - The Hague Security Delta - The Hague Conference on Private International Law - C & M Advocaten, Collet International Lawyers & Associates - Shell - Trade and Investment Commissioner ProMexico - The Hague Institute for the Internationalisation of Law (Hiil) - Coalition for the International Criminal Court - The Danish Institute for Human Rights - International Justice Program-RNW - WaterLex - Peace and Justice Initiative NGO/International Tribunal of Libanon - Dutch Ministry of Foreign Affairs - Europol - Eurojust - Dutch Data Protection Authority. Alumni graduated at Maastricht University, Utrecht University, King’s College and Queen Mary’s University (London), University of Cambridge, University of Oxford, Ludwig Maximilian University, Stockholm University, University of Florida, Sciences Po Paris, University of Nottingham, Melbourne University, etc. Alumni have accepted job positions at international organisations and companies, for example ING, the Royal Bank of Scotland, Ernst & Young, Constitutional Court of South Africa, NATO, OECD, Council of Europe, European Parliament, ACN Europe, Bentley Systems, BitPay, TomTom, KPMG, PwC, Shell, etc. Left: Olivia Flash & Maria Della Porta Rodiani, Winners of the Telders International law Moot Court Competition 2014. Right: Vladimir Atanasov at NATO Headquarters at accession of the Republic of Montenegro to NATO in April 2016
THUAS
4 years programme in International and EU Law in The Hague “Legal Capital of the World”
Ms Cadenau (H.M.Cadenau@hhs.nl) - Programme Director Ms Park (H.Park@hhs.nl) – Coordinator of Internationalisation Ms. Hesther Calis (H.T.E.Calis@hhs.nl) - Coordinator of External Relations & Exchange Mr Lorange (A.Lorange@hhs.nl) – Founder-Organiser of the Employment Network Events Ms. Balm (C.Balm@hhs.nl) - Internship Coordinator
Designed & made by Aurélien Lorange 2016