CATÓLICA GLOBAL SCHOOL OF LAW
LISBON · PORTUGAL
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ADVANCED MASTER OF LAWS
Every year an innovative approach to transnational, anglo-american and european law.
LL.M. international business law Advanced
Master of Laws
Cat贸lica Global school of law AT A
Glance
Cat贸lica Global School of Law, in Lisbon, a leading European law school A transnational centre of teaching and research, bringing together global faculty and global students The perfect combination between American and European approaches Cat贸lica Global School of Law does not focus on local teaching and research. We prepare students to practice in the global legal world Our goals are academic excellence and respect for human values One of the most innovative Law schools in the world, according to the Financial Times
PARTNERS
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international business law key features
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Prepare yourself for a new tough labour market
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PROGRAMME
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STRUCTURE OF THE PROGRAMME
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PRE-LL.M. COURSES
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COURSES
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seminars
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FACULTY
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student profile
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ADVISORY BOARD
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the programme partners
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Among top LL.M.s in the world: Financial Times Innovative Law Schools Report
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Lisbon general information
LL.M. international business law Advanced
Master of Laws
“
One of the very few
truly international elite LL.M. programmes ” “ One of the very few truly international elite LL.M. programmes. Not only impressively qualified students gather from all over the world, but brilliant faculty members do so, too, accessibly sharing their specific insights. It creates an unrivalled setting. Appealing and enriching to any lawyer, even after years of practice. The teaching follows a unique approach to real lawyering, never getting lost in theory. Richard Notz Lawyer, Germany
The dimension by which legal and economic knowledge of European, US and cross-border business is broadened gives a significant distinction to one’s career. The friendships evolving from the common experience of enjoyable leisure activities as well as of intense academic work are likely to last for a lifetime. While sometimes quite challenging, it’s the special spirit of Católica Global School of Law on the one hand and the greatly attractive environment offered by the gorgeous city of Lisbon on the other hand which make every minute worth while. ”
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CATÓLICA GLOBAL SCHOOL OF LAW LISBON · PORTUGAL
international
business law
“This LL.M. is one of the few programmes specifically designed for those attorneys who seek to develop a professional career in international business law.” Building on the continual and consistent process of internationalization of our programmes and faculty and based on the success of prior editions of this unique programme, we are proud to present the LL.M. (Advanced Master of Laws) in International Business Law.
Henrique Sousa Antunes Dean, Universidade Católica Portuguesa, School of Law, Lisbon
This LL.M. is one of the few programmes specifically designed for those attorneys who seek to develop a professional career in international business law. It offers an innovative approach to transnational, Anglo-American and European business law. It is taught by top European and American faculty, and covers a wide range of topics, such as contracts, finance, commercial and investment arbitration, corporate law, securities regulation, EU internal market, energy transactions and international taxation. This programme is designed and developed at Católica Global School of Law (Universidade Católica Portuguesa), in Lisbon: an international centre of teaching and research, bringing together global faculty and global students. Students attending our LL.M. programmes so far come from more than 34 different countries. This programme is recognized by our partners as a pioneering project worth sponsoring. We acknowledge the strong support we have received from major Portuguese law firms, companies.
Luís Barreto Xavier Dean, Católica Global School of Law
We invite you to share our enthusiasm by applying to this innovative programme, and we look forward to welcoming you to our campus.
LL.M. international business law Advanced
Master of Laws
key
features An intensive, advanced programme, directed specifically to those who seek an active and international professional practice of Business Law: It exceeds the expectations and demands of both experienced lawyers, who want to deepen their skills and knowledge, and young associates seeking to enhance their opportunities in an international career. It also provides an environment in which those who seek an academic career can hone their academic skills while specializing in specific areas of law. A true international programme: Students come from a wide range of backgrounds and countries. Our outstanding faculty includes prominent scholars from prestigious American and European universities and top lawyers from international law firms. Using interactive and innovative teaching methods, our faculty is able to utilize Católica’s extensive and modern resources to engage students in an exciting and meaningful way. This LL.M. is one of the few LL.M. programmes in continental Europe that has been successful in bringing together top international academics and professionals from both Europe and the United States. It is one of the finest and most respected LL.M. programmes in all of Europe.
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GOALS To provide thorough exposure to and understanding of International Business. To encourage and develop better legal research and analytical skills. To develop innovative methods of legal problem solving while enhancing and improving dispute resolution skills. To prepare students for legal practise in the international context. To improve students’ understanding and use of legal language and to improve students’ legal writing proficiency in legal and business contexts.
ENROLMENT IN THE LL.M. MAY PROVIDE: Networking opportunities both domestically and internationally. Support of our career services office. Opportunity to pursue further studies at Católica, such as writing a Master of Laws dissertation or enrolling in the Global Ph.D. Programme. Brazilian students approved in a Master of Laws Dissertation will receive a Master Diploma which may be recognized as a “Diploma de Mestrado” in Brazil. Access to an additional LL.M. semester abroad in one of our partner Law Schools in the U.S. [Cornell University Law School, Duke University Law School, University of Houston Law Center, University of Illinois - College of Law, University of Iowa - College of Law, Washington University in St. Louis - School of Law] and in Europe [Catholic University of Leuven – Faculty of Law, IE Law School (Madrid), Maastricht University - Faculty of Law, Tilburg University - Tilburg Law School, University of Antwerp - Faculty of Law, University of Fribourg - Faculty of Law, University of Oslo - Faculty of Law, Utrecht University – School of Law].
Rodrigo Queiroz e Melo Programme Administrator
Gonçalo Matias Programme Administrator
LL.M. international business law Advanced
Master of Laws
PROGRAMME ATTENDANCE
Advanced LL.M. in International Business Law is a one year programme, running from September to July. The academic calendar is structured into three terms with classes generally held on Thursday, Friday, and Saturday mornings. Students must complete a total of 60 ECTS credits to meet the LL.M. degree requirements. This includes courses and seminars. Students may choose to enrol in the programme on a part-time basis, extending the coursework over two academic years. This option allows busy professionals to set their own pace of study.
THE CASE METHOD
Classes will have a dual nature, emphasizing both practice and theory. Through the application of the case method teaching technique, students will be faced with difficult, yet practical problem-solving scenarios where indepth analysis and reasoning will have to be applied. Serious preparation outside class is required. Class discussion is encouraged and will be factored into the students’ final grade. Class attendance is supplemented by Católica Global School of Law website which features additional study materials and allows for enhanced student-faculty interaction.
Conferences
The programme is enriched with a regular series of academic and professional conferences hosted by Católica Gobal School of Law. These conferences bring the brightest and most respected legal minds, along with renowned international personalities, to Universidade Católica. Such conferences give our students the opportunity to meet, network, and interact with influential members of the international legal community.
Seminars
During the academic year, enrolment in particular LL.M. seminars is made available to practitioners, who are not enrolled in the programme. Their participation not only enhances our programme’s diversity and increases the breath of intellectual conversation, but provides a networking opportunity for both the LL.M. students and the professional community.
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STRUCTURE OF THE PROGRAMME
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* Programme may be subject to minor changes
Pre-LL.M. Courses
SEMINARS
Fundamentals of Accounting and Finance Strategic Decision Making for Lawyers
Comparative Corporate Taxation Comparative Intellectual Property in the Digital Age: an EU – US Study Intellectual Property and Competition Law International Energy Law International Environmental Law International Petroleum Transactions International Tax Planning International Taxation Law, Business and Society in China Negotiation for Lawyers Structured Finance and Securitisation The Practice of Transnational Business Lawyering Transnational Bankruptcy Law Trends of Evolution of the EU Institutional Framework
COURSES Common Law Contracts Comparative and Uniform Contract Law and Law of Movable Property Competition Law Part 1 Competition Law Part 2 Competition Law Enforcement Corporate Law and Securities Regulation: Part 1 European Securities Regulation Part 2 US Company and Capital Market Law Part 3 European Corporate Governance International Commercial Arbitration and Investment Dispute Resolution Modern Financial Products, Services and Regulation
Students are allowed to enroll in courses from the following programmes: LL.M. Law in a European and Global Context: · The Law of European Integration I and II · Comparative Corporate Law · International Investment Law · International Trade Law · Free Trade and Environmental Protection Other English taught Master Seminars: · US Corporate Taxation · Energy and Environmental Taxation · Taxation, Competition and EU State Aid Law The Lisbon MBA Seminars*: · Knowledge Management and Competitive Intelligence · Sustainable International Business · Strategic Crowdsourcing * Offered by Católica Lisbon School of Business and Economics and Nova School of Business and Economics.
LL.M. international business law Advanced
Master of Laws
This is a highly innovative programme that prepares the students for what they are likely to face in international commerce and finance in the next 30 years.
All subjects are taught seminar style in small classes by studentfriendly world class legal scholars specially chosen for this course from the US and other European countries. Jan Dalhuisen Miranda Chair in Transnational Financial Law, Católica Global School of Law
In private law, the programme concentrates on (a) the modern approaches to law formation and legal reasoning in civil and common law, (b) the impact, meaning and method of the transnationalisation of private law and the formation and operation of the modern lex mercatoria, c) the relevance in this connection of the functional and interdisciplinary approaches developed in the US especially in law and economics, (d) unification and harmonization efforts in UNCITRAL (the Vienna Convention on the International Sale of Goods or CISG) and in the EU (the Draft Common Frame of Reference or DCFR and the draft Regulation of a Common European Sales Law or CESL), (e) the development of modern company law in Europe and the USA, (f) the operation of modern financial products and markets and the principles of risk management, (g) comparative intellectual property law, and (h) energy law. In regulatory and tax law, the programme concentrates on competition law, financial regulation, insolvency, energy/ environment, and international taxation. In public international law, the emphasis is on (a) the operation of the EU internal market and of the WTO, and (b) the protection of foreign investment now often under Bilateral Investment Treaties (BIT’s). The programme is preceded by an introductory course in analytical methods and is completed by a course on international dispute resolution in the ordinary and bankruptcy courts and in international commercial and foreign investment arbitration.
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PRE-LL.M. COURSES FUNDAMENTALS OF ACCOUNTING AND FINANCE
STRATEGIC DECISION MAKING FOR LAWYERS
Mihael Jeklic
Mihael Jeklic
This course highlights two key areas of business knowledge required of law school graduates in legal practice where effective argumentation and legal advice depends on understanding of techniques and language of accounting and finance.
This course provides a comprehensive overview of strategic decision making in the legal setting. It provides training in decision analysis as well as a theoretical examination of the relevant aspects of game theory, contracting theory and behavioural decision theory. The emphasis is on the aspects of decision-making relevant in the legal context.
King’s College London
The Accounting part of the module covers the methods of accounting for ordinary business transactions and financial analysis. It starts with introducing the central notions of double-entry bookkeeping and the debit and credit convention and continues with construction and functions of the balance sheet, the income statement and the statement of cash flows. It concludes with basic financial analysis, including benchmark and trend analysis of profitability, leverage, liquidity, efficiency and market ratios. The Finance part of the module covers fundamental principles of corporate finance. It starts with important theoretical foundations of modern finance, including Coase’s theory of the firm, Modigliani and Miller’s thesis on the cost of capital and leverage effect, and the characteristics and implications of the Berle-Means corporation. It continues with financial valuation, covering time value of money and discounted cash flow valuation of financial assets, the relationship between risk and return, notions of diversification, and the Capital Asset Pricing Model. It concludes with Efficient Capital Markets Theory and its critical assessment from the perspective of behavioural finance.
King’s College London
Theoretical issues covered in the course include notions of uncertainty and risk, basics of prospect theory, selected topics from game theory, including the prisoner dilemma, social dilemma and other common cooperative and non-cooperative games, moral hazard and Akerlof’s adverse selection problem, as well as descriptive lessons from behavioural decision science, including bounded rationality and judgmental heuristics, anchoring, judgmental overconfidence, framing, and instances of bounded awareness in strategic settings such as irrational escalation of commitment, overbidding and the winner’s curse. In addition to the theory, the students will be taught applied decision analysis, a formal analytical framework for decisions under uncertainty, commonly used by major corporations in capital investments and increasingly employed by law firms when advising clients.
LL.M. international business law Advanced
Master of Laws
CoURSES COMMON LAW CONTRACTS Raymond T.Nimmer
University of Houston Law Center Distinguished Chair in Residence, Cat贸lica Global School of Law, Lisbon
This course will examine the idea and methodology of making and enforcing contracts and the terms within which law allows parties to set the scope and the character of their own obligations. We will examine contract formation, how one determines the terms of the obligation, what differences exist among different fields of contacting, and how contracting occurs in modern commerce. The primary focus will be on basics of contract law and practice, but we will also consider comparative law issues resulting from differences among common law and other traditions, as well as from international sources of law such as the Convention on the International Sale of Goods, the UNIDROIT Principles of International Contract Law, and the various uniform laws adopted and enforced in the United States.
COMPARATIVE AND UNIFORM CONTRACT LAW AND LAW OF MOVABLE PROPERTY Jan Dalhuisen
Miranda Chair in Transnational Finance Law, Cat贸lica Global School of Law, Lisbon
The main subject of this course is the transnationalisation of modern contract and movable property law and the merits of efforts at formalisation of uniform private law especially at the EU level, now through the Draft Common Frame of Reference (DCFR). The course will start with a discussion of the differences between common and civil law in these areas, of the objectives and draw backs of statutory law and codification, of the effects of statism and legal positivism on the development of modern commercial and financial law, and of the older more fluid
notions of universal law. It will highlight the key distinction between professional law and consumer law, the status in a globalising business world of different sources of law in the former, especially fundamental principle, custom, general principle, and party autonomy, the emergence of a new transnational law merchant or modern lex mercatoria and the reducing importance of domestic private law but also the continuing relevance of domestic regulation in international business dealings. The operation of commercial and financial law at the transnational level is here viewed as a dynamic process as shown in the modern use of the notion of good faith in contract law and of party autonomy in movable property law. For movable property this leads to special interest in the notion of trusts, conditional and temporary ownership rights, floating charges, assignment, set-off and netting as largely developed in equity in common law countries. This is considered to be of special importance in modern international finance. Newer ideas about the issues of certainty and finality will be considered and the modern functional approaches, especially of Law and Economics, will be explained and their meaning and importance assessed.
COMPETITION LAW Part 1
Competition Law
Rosa Greaves
University of Glasgow, UK
The course focuses on Articles 101 and 102 Treaty on the Functioning of the European Union (TFEU) (the EU Competition rules). The EU competition rules prohibit agreements between undertakings which restrict competition and affect trade between Member States as well as the abuse of a dominant position by an undertaking within a substantial part of the EU internal market.
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A comparative approach with US Antitrust rules (s1 and s2 of the Sherman Act) will be used throughout the course. The course will also cover EU control of mergers but will not compare these rules with the equivalent ones in the US. The course will cover the following matters: the nature and objectives of competition/antitrust law and policy; the application of Article 101 and s1 Sherman Act to horizontal and vertical agreements; the meaning of “dominance” and “abuse” and its equivalent s2 Sherman Act; the basics of merger control in the EU.
Part 2
Competition Law Enforcement
J. L. da Cruz Vilaça
Judge, Court of Justice of the European Union; Católica Global School of Law, Lisbon Mariana Tavares
CADE - Administrative Council for Economic Defense of Brazil
The course will deal with the problems and prospects of modern competition law enforcement both at the EU and the Portuguese levels. The course will focus on the modern policy of decentralized application of EU competition law, its objectives, efficiencies and difficulties. The traditional approach of administrative enforcement in Europe will be compared with a more USA oriented judicial enforcement, against the background of a prevailing “effects based approach”. The course will aim at providing a good understanding of the nature of the so-called legal exception system set up by Regulation No 1/2003, as well as a detailed knowledge of the enforcement and investigation powers of the Commission and the National Competition Authorities, the rights of defence and the procedural rights of complainants, the scope of the authorities’ professional secrecy and of lawyers’ legal privilege and the functioning of the European Competition Network. Remedies and penalties, of both a pecuniary and a criminal nature, will be discussed. A part of the course will be devoted to a practical analysis
of cartel cases, leniency and strategies of legal defense in cases concerning different jurisdictions. Finally, private enforcement and damages actions for breach of the EU antitrust rules will deserve particular attention, together with the question of arbitrability of competition law. An inside view on administrative and judicial application of EU competition law will be provided with the support of some important cases before the Commission, national authorities, national courts and the European courts.
CORPORATE LAW AND SECURITIES REGULATION Part 1
governmental-sector clients dealing with both outward-bound and inward-bound transactions. Topics are selected with a focus on their comparative legal and policy treatment in the European Union. They include freedom of establishment and the state law governing the internal affairs of corporations; creditor protection rules; basic elements of corporate governance at the state and federal level; duties of corporate directors and controlling shareholders; insider trading and securities fraud liability; and the rules governing both merger and (hostile) takeover transactions.
Part 3
European Corporate Governance
European Securities Regulation
Guido Ferrarini
Jorge Brito Pereira
The course will examine some of the main corporate governance issues recently discussed in Europe, which will be analysed functionally across systems, focussing on boards, shareholder activism, gatekeepers and enforcement.
Católica Global School of Law, Lisbon
This course deals with some of the basic structures of European Securities Regulation. After an overview of European securities regulation and European market integration, in particular regarding the Lamfalussy Process, EU securities directives and the EU financial services directives that apply to securities transactions, emphasis will be on Prospectus and transparency, takeover regulation and the new EU regulatory architecture and the future of supervision and regulation in the context of the financial crisis.
Part 2
US Company and Capital Market Law
Franklin A. Gevurtz
University of the Pacific, California
This course is intended for European professionals whose responsibilities require a sufficient understanding of US law to advise both private-sector and
University of Genoa
We will pick up things like the trade off between EU level and member state level requirements, differences between Member States, governance changes and reforms coming out of the new economy bubble and the recent financial crisis. In addition to analysing past and current EU developments, we will focus on four jurisdictions (France, Germany, Italy and the UK) and make references to other Member States. We shall read economic and legal materials and discuss case studies, including well known financial scandals (Parmalat and Vivendi) and recent bank failures or frauds (Northern Rock, Royal Bank of Scotland, UBS and Société Générale).
LL.M. international business law Advanced
Master of Laws
INTERNATIONAL COMMERCIAL ARBITRATION AND INVESTMENT DISPUTE RESOLUTION
MODERN FINANCIAL PRODUCTS, SERVICES AND REGULATION Jan Dalhuisen
Miranda Chair in Transnational Finance Law, Católica Global School of Law, Lisbon
Jan Dalhuisen
Miranda Chair in Transnational Finance Law, Católica Global School of Law, Lisbon
This course covers the modern ways of resolving international commercial and investments disputes through arbitration. For commercial disputes, it investigates the differences with and advantages/ disadvantages of this way of dispute resolution compared to ordinary litigation in the national courts. It subsequently deals with the arbitration clause, jurisdiction issues and the question of arbitrability followed by a discussion of the various steps in arbitration in ad hoc, ICC and LCIA arbitrations, the different sets of procedural rules that may apply and with the applicable substantive private or regulatory laws, and finally with the residual roles of national courts in the supervision of arbitrations, in providing support and interim relief, and in the recognition and enforcement of arbitral awards, under the New York Convention. For investment disputes resolution, the course goes into the differences with international commercial arbitration, discusses the scope, and substance of modern bilateral investment treaties (BITs) and of the NAFTA treaty in North America, the special protections thereunder and their legal status and significance, the role of ICSID and the Washington Convention, the problems in the modern causes of action given to the international investor either in or outside these treaties, and in the applicable public international law or transnational or domestic private and regulatory law.
This course deals with the recycling of money either through the banking system or though the capital markets, the modern financial products used and the financial services provided in this connection, their legal back up, their risks, the management of these risks, and the objectives, structure and effectiveness of modern financial regulation in terms of promoting financial stability and adequate protection of depositors and investors. In banking, the accent will be on asset backed funding in secured transactions or through finance sales (like in repos, factoring, finance leasing), on ordinary and credit derivatives, and on loan securitisation. In the capital markets, the accent is on modern capital market products and their holding, the issuing activity, underwriting, and trading, brokerage, and fund management activity. As to the regulatory response, the course goes into the main techniques of financial regulation, the differences between banking and capital market activity, the capital adequacy requirements, the EU harmonisation programme in this area, and the effect of the 2008/9 financial crisis and the re-regulation efforts particularly in the EU and US.
Inês Antas de Barros Lawyer, Portugal
“ I had the opportunity of enrolling in the International Business Law Advanced LL.M. of Católica Global School of Law through the firm’s academic programme (VdAcademia) and have found that its courses and seminars live up to their international reputation as a prestigious, challenging and insightful tool for lawyers seeking to specialize and gain a new perspective on international business law. Indeed, the top international experts in the LL.M. courses and seminars have provided me with a clear, in-depth understanding of international business law and its creative, hands-on approach to legal problems enhances the students’ personal and professional skills. ”
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SEMINARS COMPARATIVE CORPORATE TAXATION Miguel Correia
Católica Global School of Law, Lisbon
This seminar will study how corporations and their shareholders are taxed. The course will adopt a comparative and structural perspective, focusing on the corporate income tax systems of the United States, United Kingdom and Portugal. The intent is to give students a conceptual framework that may be used to better understand and analyze any corporate tax system they may encounter as practitioners. Students will be gradually introduced to the subtleties of corporate taxation by analyzing the different issues arising first on a closed economy setting and, subsequently, on an open economy setting. The seminar will cover the following topics: the core mechanical structure of corporate income tax systems; issues in corporate formation and capital structure; taxation of corporate distributions, liquidations, and restructurings; and consolidated corporate taxation.
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prestigious, challenging and
insightful tool for lawyers”
COMPARATIVE INTELLECTUAL PROPERTY IN THE DIGITAL AGE: AN EU – US STUDY James Boyle
Duke University School of Law Jennifer Jenkins
Duke University School of Law
The seminar will explore tensions between intellectual property law and freedom of expression, as well as challenges posed by new technologies, in both the United States and European Union. The seminar will begin with an introduction to different philosophical conceptions of intellectual property and authors’ rights in the US and EU. It will then cover case law and legislation in both the US and EU in the quickly evolving area of digital copyright. The class will conclude with an examination of current cases, legislation, and debates, including the controversies surrounding peer-to-peer file sharing, user generated content and “remix”, and video sharing sites such as YouTube.
INTELLECTUAL PROPERTY AND COMPETITION LAW Daniel A. Crane
University of Michigan
This seminar will explore a variety of issues arising at the boundaries of intellectual property and competition law. Using US and EU legal and regulatory sources, the class will explore such questions as market power in intellectual property, a conceptual framework for resolving IP/antitrust issues, refusals to license intellectual property, tying arrangements involving patents, copyrights, and trademarks, and anticompetitive structuring of licensing agreements.
LL.M. international business law Advanced
Master of Laws
INTERNATIONAL ENERGY LAW CatherineRedgwell
University of Oxford
INTERNATIONAL PETROLEUM TRANSACTIONS Jacqueline L. Weaver
University of Houston Law Center
This course starts with an overview of the general international law concepts and principles which are applicable to conventional (e.g. petroleum, nuclear, renewables) and unconventional (e.g. shale gas extraction, carbon capture and storage) energy activities, the rules of international law governing state responsibility and the exercise of state jurisdiction over energy activities. Given the extent of private sector involvement in energy activities, the protection of foreign direct investment from expropriation will be the focus of a case study. Equally important is the energy security of the State, and how to respond to the threats posed to it by a myriad of factors ranging from piracy, hostagetaking and armed incursions, to security of supply in times of international emergency. Certain energy activities, such as offshore petroleum exploitation and nuclear generation, merit particular attention given the extent of their international regulation. The course will conclude with a case study of transboundary pipeline development to illustrate, inter alia, the complex interplay of human rights, environmental and other factors in major energy infrastructure projects and the remedies routes available to affected individuals, groups and States at international law.
INTERNATIONAL ENVIRONMENTAL LAW James Salzman
Duke University School of Law
This course provides a general introduction to international environmental law and policy. We will begin by exploring the economic, political, and legal concepts relevant to international environmental treaty regimes. We will then apply these concepts to concrete regimes designed to deal with specific international environmental problems, such as climate change, ozone depletion, waste trade, fisheries management, and biodiversity and habitat loss. The course focuses principally on the dynamic of treaty negotiations and implementation, as well as the roles played by state and non-state actors.
International Petroleum Transactions examines the law and policy framework and the typical contract agreements used between host governments and foreign investors to develop host government petroleum resources. Topics include: concession agreements, production-sharing agreements, risk service contracts, host government petroleum laws, the model international Joint Operating Agreement, and social/ environment issues, including human rights cases with a focus on seeking ways to avoid the “petro-curse” and achieve sustainable development. The seminar includes an overview of the future of the petroleum industry including the increased dominance of National Oil Companies, the geopolitics of oil, and global warming.
INTERNATIONAL TAX PLANNING Charles Gustafson
Georgetown Law Center
This seminar will examine the way in which income deriving from international trade, investment and labor movement is taxed, devices for avoiding double taxation and planning techniques for minimizing the tax burden on international transactions. The impact of income tax treaties will in particular be explored. Specific examples will be discussed to demonstrate the impact of relevant provisions and practices.
INTERNATIONAL TAXATION Miguel Teixeira de Abreu
Católica Global School of Law, Lisbon
The seminar focuses on issues related to international double taxation in the context of international business transactions. The OECD Model Convention on Income and Capital is the tool we will be using to compare Double Taxation Treaties signed by Portugal and
to see how such Treaties interact with domestic tax provisions. We will look at certain practical cases and situations to discuss current difficulties and we will follow on the work of the OECD in dealing with certain concepts, which are fundamental in international taxation: the concept of residence, the concept of beneficial ownership and the concept of permanent establishment, amongst others. We will also look at some of the papers prepared by the OECD, including those related with transfer pricing, business restructurings and the attribution of profits to permanent establishments.
LAW, BUSINESS AND SOCIETY IN CHINA Xiangshun Ding
School of Law of Renmin University of China
The course will examine the characteristics of Chinese law in modern Chinese society after examination of the formation of current legal system since the implementation of policy of reform and opening outside from the end of 1970s ,the basic structure of Chinese legal system, the mechanism of disputes resolution. The primary focus will be on the legal framework and basic policies for doing business and investments in China, but we will also make brief introduction on some important issues relating to the reform and development of rule of law in China that foreign students are interested in.
NEGOTIATION FOR LAWYERS Mihael Jeklic
King’s College London
The seminar draws upon thirty years of interdisciplinary research in negotiation from the perspectives of law, economics, game theory, and social, cognitivebehavioural and psychodynamic psychology. It offers training in negotiation, complemented with comprehensive theoretical background, and aims to address the requirements of modern legal practice, where effective legal work often entails negotiation in complex interpersonal settings involving multiple parties and multiple issues, and where deal-making, consensus building, and problem-solving frequently take the central stage.
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The seminar covers the Principled Negotiation model developed at Harvard Law School and the legitimacy-based negotiation style, advanced interdisciplinary notions of negotiation, organized around three experiential tensions, as well as instances of common irrational behavior encountered in negotiation such as naïve realism, reactive devaluation, susceptibility to framing and winner’s curse. In addition to the intensive readings, the students will be expected to negotiate complex proprietary negotiation cases during and between scheduled classes. Case experience will be used as material for class discussion and for explication of the relevant theory.
STRUCTURED FINANCE AND SECURITISATION Luís Branco
Católica Global School of Law, Lisbon Pedro Cassiano Santos
Católica Global School of Law, Lisbon
Structured finance and securitisation will cover innovative financing structures that have become extremely relevant in the international markets. In what relates to structured finance we will cover aspects of acquisition finance, corporate finance with the focus on project finance. Regarding project finance the objective is to understand the legal framework of this type of limited-recourse financing, especially in the context of the development of projects for the construction of important public infrastructures. In addition, due to the growing importance of Islamic participants in the international markets, the above structures will also be examined from an Islamic financing perspective. On securitisation the focus will be on the legal analysis of asset backed securities (securitization notes, covered bonds and public sector bonds) and comparison thereof with other negotiable instruments also used to raise liquidity to finance economic activities in general and the banking activity in particular, using the debt capital markets; significant attention will also be given to the market transactions that are carried out using such asset backed securities concept, namely in the current market conditions, as well as the role of developed by asset backed securities and securitization in the current economic crisis.
The Practice of Transnational Business Lawyering James Rosener
Pepper Hamilton LLP-New York
Negotiating across boarders requires a familiarity with not only normal jurisprudential issues but also cultural, legal and business practice differences, often create impediments to the completion of a transaction. Common versus civil law traditions, cultural standards of one country versus another, including litigation propensity, corruption practices and risk tolerance expectations, often derail transactions where a party’s advisors fail to properly anticipate issues that are familiar to more experienced professional. This seminar will include a discussion of the seven cultural barriers to cross boarder deals, a general discussion of the differences between civil and common law systems as they relate to transactions and an overview of global anti-corruption efforts that impact the ability to successful conclude a deal.
law reformers around the world in recent times. In 1997, the United Nations Commission on International Trade Law (UNCITRAL) adopted a Model Law on Cross-Border Insolvency. The Model Law was adopted by the United States in 2005 and Great Britain in 2006. Nor is the Model Law the only modern treatment of cross-border insolvency problems. In 2000, the European Union adopted the Regulation on Insolvency Proceedings, which went into effect on May 31, 2002, and which governs the treatment of transnational bankruptcy proceedings involving two or more member states of the European Union. The EU Regulation is currently undergoing a mandated 10-year review, and will be reviewed hereafter every five years. The Cross-Border Insolvency Concordat was developed in 1995 by Committee J of the Section of Business law of the International Bar Association. Furthermore, courts may, and do, adopt principles of the Concordat, the UN Model Law, and the EU Insolvency Regulation on a case-by-case basis. In this seminar, we will study many of the critical issues implicated in transnational bankruptcies.
TRANSNATIONAL BANKRUPTCY LAW Charles J. Tabb
University of Illinois, College of Law
The subject of the reorganization or liquidation of insolvent firms which do business and have assets, interests, and creditors in multiple countries has grown immensely in importance in the last decade. When such a firm becomes financially distressed and needs bankruptcy relief, many difficult issues arise. Which country or countries will conduct bankruptcy proceedings regarding that firm? What assets will be administered in those proceedings? Which countries’ laws will apply? How will creditors be treated? Will the orders of foreign courts be recognized and enforced? Will foreign representatives have access to the courts in other countries? Recognizing the critical importance of these issues, and the need for international harmonization, the field of transnational (or cross-border) insolvency has been a fertile ground of effort for
TRENDS OF EVOLUTION OF THE EU INSTITUTIONAL FRAMEWORK António Vitorino
Lawyer, Guest Professor, Católica Global School of Law, Lisbon
Module I - Recent trends of evolution - from the “leftovers” of Amsterdam to the Lisbon Treaty. This module will focus on the concrete changes in the profile of EU Institutions following recurrent negotiations among Member States and the implications of Enlargement up to 28 countries. Special attention will be given to a number of concrete tensions in the effective functioning of EU Institutions on the basis of concrete examples (cooperation vs competition, inter-institutional balance of powers, consequences of the growing number of subjects submitted to co-decision, relations between large and medium/small Member States).
LL.M. international business law Advanced
Master of Laws
Module II - Overview of major Institutional changes introduced by the Treaty of Lisbon. The study will focus on the European Council as a full fledged institution with a permanent Chairman, on the composition of the European Commission and its accountability, on the new system of weighing of votes of Member States in the Council, on the enlargement of the legislative powers of the European Parliament and on the new framework for Foreign Policy and Defense. Module III - Lights and shadows of the Institutional Framework provided for by the Treaty of Lisbon. In this Module we will antecipate the dynamics that derive from the ambiguities in the field of Foreign Policy and Defense (High Representative with a “double hat” between the Council and the Commission), from the behaviour of Political fractions in the European Parliament, from the growing role of National Parliaments and the possible tensions. Concerning the future role of the Commission (politicization versus guardian of the Treaties, political accountability before the European Parliament and the European Council). The position of European Institutions in the new Framework of the Economic and Monetary Union as a consequence of the global financial crisis and the more recent sovereign debt crisis (such as the “six pack” and the “two pack”, the Treaty on the Fiscal Compact, the Treaty on the new European Stabilization Mechanism, the role of Eurogroup in the Euro governance). New developments in prospect concerning the banking union and the management of sovereign debt of Member States.
“
I can truly say that my
expectations were fulfilled ” “ I liked the courses, which are taught by international experts who bring into our small size classroom their own unique experience in additional to their command of the subject matter.
George A. Ligori JD May 2012, Wayne State University Law School LL.M. Católica Global School of Law
Although, I was enrolled at the Advanced LL.M. in International Business Law, I was able to participate in many seminars of the Law in a European and Global Context LL.M.. After being here in Lisbon for a full academic year, I can truly say that my expectations were fulfilled. My classmates were brilliant lawyers and law students from all over the world, and I have enjoyed spending time with them outside of the classroom as well. The academic support staff is very helpful, and I am grateful to them for being able to study here. Lisbon is a beautiful city to live while studying law, and I feel empowered to address the new legal challenges of the business world that I will likely face in the years to come. ”
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FACULTY
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* Faculty may be subject to minor changes
António Vitorino Lawyer, Guest Professor, Católica Global School of Law, Lisbon
Trends of Evolution of the EU Institutional Framework António Vitorino is the leading Partner of the European Union and Competition Law practice at Cuatrecasas, Gonçalves Pereira and a member of the Bar Association since 1982. Assistant Professor at the University of Lisbon Law School since 1982. Professor at Universidade Autónoma Luís de Camões (1985-1995) and Universidade Internacional of Lisbon (1998-1999). Member of Parliament from 1980 until 2006. Secretary of State for Parliamentary Affairs (19831985). Secretary of State of the Government of Macau (1986-1987). Judge of the Portuguese Constitutional Court (19891994). Member of the European Parliament (1994-1995), Chairman of the Civil Liberties Committee. Deputy Prime Minister and Minister of Defense (1995-1997). European Commissioner for Justice and Home Affairs (1999- 2004). Member of the Praesidium of the European Convention (2002-2003) and representative of the European Commission in the 2004 Intergovernmental Conference.
Catherine Redgwell University of Oxford
International Energy Law Catherine Redgwell is Chichele Professor of Public International Law and a fellow of All Souls College, Oxford. Her teaching and research interests include public international law, international environmental law, law of the sea, energy law, and treaty law. Recent publications include, as editor and contributing author, Energy Law in Europe: National, EU and International Law and Institutions (OUP, 2nd edn 2007; 3rd edn forthcoming 2014) and Moving Beyond the Carbon Economy (OUP 2008). She is also co-author with Alan Boyle of International Law & the Environment (OUP, 3rd edn, 2009) and, with Michael Bowman and Peter Davies, of Lyster’s International
Wildlife Law (CUP, 2nd edn, 2010). She is a member of the Academic Advisory Group of the Section on Energy, Environment, Natural Resources and Infrastructure Law of the International Bar Association and joint editor of the British Year Book of International Law.
Charles Gustafson Georgetown Law Center
International Tax Planning Charles Gustafson is Professor of Law and former Associate Dean for International and Graduate Programmes at the Georgetown University Law Center in Washington, D.C.. He teaches in various areas of public international law, international trade and investment and federal taxation. He is a coauthor of several casebooks on federal income taxation, including Taxation of International Transactions (4th Ed.) (West, 2011), as well as articles and book chapters on issues of international law and/or taxation. He has practiced law in New York and Washington, served in the Office of the Legal Adviser to the Department of State and lectured at universities on every continent. He spent several years as a member of the Faculty of Law at Ahmadu Bello University in Nigeria. He has also served as consultant to various United States Government agencies and to several international organizations and as an arbitrator in commercial and investment disputes. He is an active member of the American Law Institute and has served on a number of committees for the American Bar Association. He received his J.D. degree from the University of Chicago and his B.S. degree from the University of Buffalo. In 2010 he was awarded a Doctor of Laws (honoris causa) by Fribourg University in Switzerland.
LL.M. international business law Advanced
Master of Laws
Charles J. Tabb University of Illinois, College of Law
Transnational Bankruptcy Law Professor Charles J. Tabb, the holder of the Mildred Van Voorhis Jones Chair in Law, has taught at Illinois since 1984 and is considered one of the nation’s leading bankruptcy scholars, specializing in bankruptcy, contracts, and commercial law. Professor Tabb served as interim dean of the College during the 2007-2008 academic year and was the associate dean for Academic Affairs from 2003-2005. Professor Tabb earned his bachelor’s degree and graduated summa cum laude from Vanderbilt University, where he was elected to Phi Beta Kappa. He earned his J.D. from the University of Virginia, serving as a member of the Virginia Law Review and Order of the Coif. After graduation, Tabb recorded the highest score of over 1,400 successful candidates on the Texas state bar examination. Before joining the Illinois faculty, he practiced bankruptcy and commercial law in Dallas, where his cases included the Braniff Airways and Continental Airlines Chapter 11 reorganizations. In his 29 years on the Illinois faculty, Professor Tabb has been recognized with a Best Professor award from the College, as well as a campus-wide Outstanding University Professor award. He has also served as a visiting professor at Texas, Colorado, Fundação Getúlio Vargas in São Paulo, Brazil, and Tillburg University in the Netherlands; as a visiting scholar at Cambridge and Nottingham; and in 1998 was the Southeastern Bankruptcy Law Institute Distinguished Visiting Professor at Georgia State University. Professor Tabb has published three books (and multiple editions) and over two dozen articles on bankruptcy law. His most recent book is a casebook
on bankruptcy entitled Bankruptcy Law: Principles, Policies & Practice (with Professor Ralph Brubaker; LexisNexis., 2010). A second edition of his influential 1400-page treatise, The Law of Bankruptcy (Foundation Press), was published in 2009, and the third edition is being published in 2013. In 2012, along with professors Brubaker and Lawless, he published an edited Oxford University Press book entitled A Debtor World: Interdisciplinary Perspectives on Debt. His previous books include an earlier edition of his treatise; two earlier editions of the casebook with Brubaker; and Bankruptcy Anthology, an edited collection of scholarly works on bankruptcy law (Anderson Publishing Co., 2002). His article on “The Enron Bankruptcy” was published in the book, Enron: Corporate Fiascos and Legal Implications (Foundation Press). In 1993, he was appointed by Chief Justice William Rehnquist to the Advisory Committee on the Federal Rules of Bankruptcy Procedure of the Judicial Conference of the United States. He was later appointed by former Illinois Governor Jim Edgar as a commissioner for the National Conference of Commissioners on Uniform State Laws, and served from 1997 to 2001. In 2002, Professor Tabb traveled to Beijing, where he advised the National People’s Congress of the People’s Republic of China on the reform of the Chinese bankruptcy law, which went into effect in June 2007. He also joined a contingent of seven Illinois law faculty in December 2005 who lectured at “The Role of Law in Economic Development - Implications for China in the World” conference at Sun Yat-sen University in Guangzhou, China. Professor Tabb is a fellow and a member of the Board of Regents of the American College of Bankruptcy and is a member of the American Law Institute.
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Daniel A. Crane University of Michigan
Intellectual Property and Competition Law Daniel A. Crane is a professor of law at the University of Michigan, where he teaches contracts and antitrust. Previously, he was professor of law at the Benjamin N. Cardozo School of Law, Yeshiva University. In 1996, he received his J.D., with honors, from the University of Chicago, where he was a member of the Law Review. Following law school, he clerked for a federal judge and practiced litigation and antitrust law first with Morgan, Lewis & Bockius in Miami and later with Paul, Weiss, Rifkind, Wharton & Garrison in New York. He continues to serve as counsel to Paul, Weiss. Professor Crane’s recent scholarship has focused primarily on antitrust and economic regulation, particularly the institutional structure of antitrust enforcement, predatory pricing, bundling, and the antitrust implications of various patent practices. His work has appeared in the University of Chicago Law Review, the Texas Law Review, the California Law Review, the Michigan Law Review, the Cornell Law Review, and the Minnesota Law Review, among other journals. He is the author and editor of several books on antitrust law, including Antitrust Stories, The Institutional Structure of Antitrust Law, Global Issues in Antitrust and Competition Law, and Intellectual History of Competition Policy: Selected Readings. His articles have been cited in a number of federal and state court opinions. He has been a visiting professor at New York University Law School, the University of Chicago Law School, and Católica Global School of Law where he taught on a Fulbright Scholarship.
Franklin A. Gevurtz University of the Pacific, California
Corporate Law and Securities Regulation Part 2 - US Company and Capital Market Law Professor Gevurtz is a Distinguished Professor and Scholar at the University of the Pacific in California, and the Director of its Center for Global Business and Development. He is – in the words of a United States Court of Appeals decision – a “leading commentator” on corporate law. Among Professor Gevurtz’ widely cited scholarship is the treatise, Corporation Law. Professor Gevurtz is also well-known for authoring the casebook, Business Planning (now in its fourth edition) - which is by far and away the
dominant book used to teach this course in law schools throughout the United States. Most recently, Professor Gevurtz authored the book, Global Issues in Corporate Law; part of a revolutionary series of books for which Professor Gevurtz also serves as series editor and which are designed to facilitate the introduction of international and comparative law issues in core law school courses. Professor Gevurtz also has written numerous law review articles on topics including corporate law, the law of other business organizations, and the antitrust laws. Prior to joining the faculty at the University of the Pacific in 1982, Professor Gevurtz practiced with the internationally known law firm of O’Melveny and Myers. He has been a visiting professor at the law schools of the University of California, Berkeley (Boalt Hall), and the University of California, Davis, and has taught or lectured in Athens, Copenhagen, Guangzhou, Lisbon, London, Nancy, Salzburg, Seoul, and Shanghai. In 2006, the University of the Pacific conferred its Distinguished Faculty Award upon Professor Gevurtz.
Guido Ferrarini University of Genoa
Corporate Law and Securities Regulation Part 3 - European Corporate Governance Prof. Guido Ferrarini is Professor of Business Law at the University of Genoa and Director of the Centre for Law and Finance. He graduated from Genoa Law School in 1972; LL.M., Yale Law School, 1978. In 2009 he was awarded a Dr. jur. h.c. from Ghent University. He is presently Visiting Professor at Stanford Law School. He was a Visiting Professor at Bonn University, Cambridge University, Columbia Law School, Duisenberg School of Finance, Frankfurt University, Ghent University, Hamburg University, NYU Law School, Tilburg University and University College London. As a lawyer, he was admitted to the Supreme Court of Cassation. He is Fellow and Vice-Chairman of the European Corporate Governance Institute (ECGI) in Brussels. He is Chairman of EuroTLX SIM S.p.A. (a multilateral trading facility) and a Board member of Banca Passadore and Cerved Group. He was a member of the Board of Trustees, International Accounting Standards Committee (IASC), an Independent Director of Atlantia and Telecom Italia and an advisor to the Corporate Governance Committee of the Italian Stock Exchange. Prof. Ferrarini is author of various books and articles in the fields of financial law, corporate law and business law.
LL.M. international business law Advanced
Master of Laws
Jacqueline L. Weaver University of Houston Law Center
International Petroleum Transactions Professor Weaver graduated from the University of Houston Law Center magna cum laude in 1975, after receiving a B.A. in Economics magna cum laude from Harvard University. In 1977 she joined the faculty following five years as an Economist and Marketing Specialist for Exxon Co. USA and has taught courses in Oil and Gas, Energy Law and Policy, International Petroleum Transactions, Natural Resources, Water, and Environmental law. She was the recipient of the University of Houston Teaching Excellence award for 20052006. Professor Weaver is a co-author of the leading treatise on Texas oil and gas law and of the casebook titled Energy, Economics and the Environment and has just completed a treatise on International Petroleum Exploration and Exploitation Agreements with three European coauthors. She has written numerous articles on oil and gas law and energy policy, including an article on Enron’s effect on energy markets. She was the Director of the Russian Petroleum Legislation Project in 1990-1991, blending academic and organizational skills to draft a model petroleum code for the new Russian Federation, with the participation of the World Bank, the European Bank, major oil companies, and Russian academics and officials. She teaches international petroleum law in the Executive MBA programme of the University of Houston’s Bauer School of Business to executives of Chinese national oil companies and has presented training programmes in Uganda, Bangkok and elsewhere to professionals in national oil companies, civil society, Parliament, ministry officials and the media on petroleum contracts and oil revenue management.
James Boyle Duke University School of Law
Comparative Intellectual Property in the Digital Age: an EU – US Study James Boyle is the William Neal Reynolds Professor of Law at Duke Law School, founder of the Center for the Study of the Public Domain, and co-founder of Creative Commons. He is the winner of both the World Technology Network Award for Law and the Electronic Frontier Foundation’s Pioneer Award for his work on the public domain and the “second enclosure movement” that threatens it. He is the
author of the books The Public Domain: Enclosing the Commons of the Mind and Shamans, Software and Spleens: Law and the Construction of the Information Society.
James Rosener Pepper Hamilton LLP-NY
The Practice of Transnational Business Lawyering James D. Rosener is a partner in the Commercial Department of Pepper Hamilton LLP. Mr. Rosener heads the firm’s International Practice Group, is managing partner of the New York office and has served as a member of the firm’s Executive Committee. His practice is devoted primarily to international transactions, private equity, mergers and acquisitions and corporate financing. Mr. Rosener has represented domestic and foreign private equity funds in transactions in over 70 countries throughout the world, including platform and follow-on acquisitions, distressed buyouts, including in bankruptcy, corporate carve-outs and restructurings. He also has represented US-based companies in transactions throughout Europe, Latin America and Asia (particularly, India and China), as well as several European, Indian, South American and Japanese companies in merger and acquisitions, financing and licensing transactions involving the United States. In addition, he also has represented management-led groups in the acquisition of businesses from divesting corporations. Within the corporate financing practice area, Mr. Rosener has represented domestic and foreign issuers, in public offerings (both US and foreign listings), venture and mezzanine capital raising, and traditional bank financing transactions. In addition, he has represented a number of issuers and bondholder groups in debt restructuring, recapitalization and work-out plans. Mr. Rosener regularly acts as international legal counsel to issuers and underwriters on off-shore public offerings in India, the UK and Europe.
James Salzman Duke University School of Law
International Environmental Law Jim Salzman holds joint appointments at Duke University as the Samuel Fox Mordecai Professor of Law at the Law School and as the Nicholas Institute Professor of Environmental Policy at the Nicholas School of the Environment. In
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more than sixty articles and five books, his broad-ranging scholarship has addressed topics spanning trade and environment conflicts, the history of drinking water, environmental protection in the service economy, wetlands mitigation banking, and the legal and institutional issues in creating markets for ecosystem services. A popular classroom teacher, Professor Salzman has twice been voted Professor of the Year by students at Duke’s Nicholas School of the Environment. An honors graduate of Yale and Harvard, he has lectured on environmental policy in North and South America, Europe, Asia, Australia and Africa. He has served as a visiting professor at Yale, Harvard, and Stanford Universities, as well as at Macquarie (Australia), Lund (Sweden), and Tel Aviv (Israel) Universities and the European University Institute (Italy).
Jan Dalhuisen Miranda Chair in Transnational Financial Law, Católica Global School of Law, Lisbon
Comparative and Uniform Contract Law and Law of Movable Property | International Commercial Arbitration and Investment Dispute Resolution | Modern Financial Products, Services and Regulation Jan Dalhuisen is a leading expert in international commercial and financial law and the occupant of the Miranda Chair in Transnational Financial Law at Católica. He is also Professor at King’s College in London and UC Berkeley, and has held important Visiting Professorships in Continental Europe, China and Australia.
He is Corresponding Member of the Royal Netherlands Academy of Arts and Sciences and the author of Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law, now in its fourth edition (3 Volumes), and earlier of Dalhuisen on International Insolvency and Bankruptcy (2 Volumes). Professor Dalhuisen is a graduate of the University of Amsterdam, where he also obtained a Ph.D., and of UC Berkeley. He is Member of the NY Bar, Fellow of the Chartered Institute of Arbitrators in London, an active international arbitrator, ICSID panel member and former senior in house counsel and investment banker.
Jennifer Jenkins Duke University School of Law
Comparative Intellectual Property in the Digital Age: an EU – US Study Jennifer Jenkins is Director of Duke’s Center for the Study of the Public Domain and a Senior Lecturing Fellow at Duke Law School, where she teaches courses in Intellectual Property, the Public Domain and Free Speech, Music Copyright and Musical Borrowing, and researches the comparative dynamics of copyright policy in the US and EU. She also leads the Center’s “Arts Project” - which analyzes the effects of intellectual property on cultural production. Before coming to Duke, she was a member of the legal team that defended the copyright infringement suit against the publisher of the novel “The Wind Done Gone” (a parodic rejoinder to Gone with the Wind).
J. L. da Cruz Vilaça Judge, Court of Justice of the European Union; Católica Global School of Law, Lisbon
Part 2 - Competition Law - Enforcement J. L. da Cruz Vilaça graduated from Coimbra Law School; LL.M. in PoliticalEconomic Sciences; Doctorate in International Economics, Paris I; studied and worked at St. Antony’s, University of Oxford, and at Fordham School of Law (New York). Formerly Assistant Professor at Coimbra Law School and Professor at the Nova University and the Lusíada University, Lisbon, in the areas of Competition and EU law. Now Visiting Professor at Católica Global School of Law. Former Advocate-General at the European Court of Justice and President of the European Court of First Instance.
LL.M. international business law Advanced
Master of Laws
Former Secretary of State for European Affairs in the Portuguese Government, in charge of the negotiations for accession to the EC. Attorney at-law, Partner and Head of EU and Competition law practice with PLMJ, Law Office (1996-2012). Judge at the Court of Justice of the European Union.
Jorge Brito Pereira
Bureau of the Portuguese Competition Authority (PCA). She joined the PCA in 2004 as a legal officer in the Restrictive Practices Department, and then as an advisor to the Board. She is a Ph.D. student at the King’s College London School of Law, and holds an LL.M. from Duke University Law School, a DES from Université Libre de Bruxelles and studied Law at the Catholic University of Portugal, in Oporto.
Católica Global School of Law, Lisbon
Corporate Law and Securities Regulation Part 1 - European Securities Regulation
Miguel Correia Católica Global School of Law, Lisbon
Jorge Brito Pereira is a Senior Lecturer at Católica. He is Partner of PLMJ (admitted 1988, admitted to partnership 1997), the largest law firm in Portugal, and head of the Financial Law and Capital Markets Practice Group of the firm. He specializes in corporate Law and securities Regulation and acted as legal advisor for several foreign and domestic entities in M&A transactions and other relevant transactions. He has consistently been nominated by international publications as a leader in these areas. He is also the author of various books and articles on contract law, corporate law and securities regulation.
Luís Branco Católica Global School of Law, Lisbon
Structured Finance and Securitisation Luís Branco is a Senior Lecturer at Católica. He is Partner of Morais Leitão, Galvão Teles, Soares da Silva & Associados and head of the banking and finance team. Specialized in banking and finance law, he has participated in several relevant transactions in the areas of project finance, securitization, investment funds and derivatives. He has consistently been nominated by international publications as a leader in these areas. Author of various books and articles on banking law.
Mariana Tavares CADE - Administrative Council for Economic Defense of Brazil
Part 2 - Competition Law - Enforcement Mariana Tavares is a United Nations International Consultant for Competition at the Administrative Council for Economic Defense of Brazil – CADE - Conselho Administrativo de Defesa Econômica. From 2008 to 2013, she was Head of the International Relations
Comparative Corporate Taxation Miguel Correia is a research fellow at the Católica Global School of Law and counselor for tax affairs at the Portuguese Permanent Representation to the European Union, in Brussels. He is currently a member of the Strategic Council of the Post-Graduate Programme in Taxation at the Catholic University of Portugal, in Lisbon. Miguel holds a Ph.D. in Corporate Tax Law from the London School of Economics, an LL.M. in International Legal Studies from the Georgetown University Law Centre and an LL.M. in International Trade Law from the University of Essex. He completed his law degree at the Catholic University of Portugal, in Oporto. Prior to his Ph.D., Miguel worked for several years as tax adviser for multinational corporate groups at the International Tax Group of PricewaterhouseCoopers LLP in New York and at the International Services Line of Deloitte in Lisbon.
Miguel Teixeira de Abreu Católica Global School of Law, Lisbon
International Taxation Miguel Teixeira de Abreu is a law graduate from the University of Lisbon (1982/1987), with an LL.M. from the London School of Economics and Political Sciences (1988/1989). Miguel was an assistant professor at the University of Lisbon in the areas of taxation and public finances from 1989 to 1994 and a member of the Portuguese Government Committee for the Reform of Portuguese international tax laws (1998). In 1993, he founded Abreu Advogados and was its Managing Partner from 2008 to 2011. Since 2007, Miguel has been a lecturer of international taxation at Católica as part of the LL.M. programme.
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Mihael Jeklic King’s College London
Fundamentals of Accounting and Finance | Negotiation for Lawyers | Strategic Decision Making for Lawyers Mihael Jeklic teaches negotiation and applied decision science at King’s College in London. He previously worked as a lawyer and as a banker in the city of London and served as an advisor to the Slovene government on restructuring and privatisation. Mr Jeklic holds graduate degrees in law from Harvard and in psychoanalysis from University College London. His research interests involve rationality in decision making with a focus on unconscious motivation, confabulation, and conscious and unconscious aspects of bounded ethicality, particularly in the principal-agent context.
Pedro Cassiano Santos Católica Global School of Law, Lisbon
Structured Finance and Securitisation Pedro Cassiano Santos leads the Banking and Financial Law department of Vieira de Almeida & Associados law firm, advising in banking and financial matters and being responsible for transaction implementation and negotiation tasks, participating regularly in the drafting and negotiation of contracts and other documentation for financial transactions of many types, including classic and mortgage loans,
financial & operating leasing, securitisation and equity and debt placements both in Portugal and abroad. During his career at VdA, he has been seconded for over 3 years to an investment bank providing in-house legal advice to the various activities of such client. In the securities’ area he worked in the launching of Medium Term Note Programmes and issuance of Notes thereunder, the setting up of the Portuguese securitization track record and more recently on the creation of Portuguese covered bonds and public sector bonds.
Raymond T. Nimmer University of Houston Law Center, Distinguished Chair in Residence, Católica Global School of Law, Lisbon
Common Law Contracts Raymond Nimmer is Leonard Childs Professor of Law at the University of Houston Law Center and co director of the Houston Intellectual Property and Information Law Institute. He is the author of over twenty-five books and numerous articles, his most recently published books are Modern Licensing Law (2013, West Publishing), The Law of Electronic Commercial Transactions (Shushenoff, 2013) and The Law of Computer Technology(4th edition, West 2009, 2013 Supp). Professor Nimmer is a frequent speaker at programmes worldwide, in the areas of intellectual property, business and
LL.M. international business law Advanced
Master of Laws
technology law. He was the co-Reporter of the Drafting Committee on Revision of U.C.C. Article 2 and the reporter of the Uniform Computer Information Transactions Act (UCITA). He has been a consultant to the National Science Foundation and the office of the Legal Advisor of the US State Department. He is listed in the International Who’s Who of Internet and E-Commerce Lawyers, Who’s Who in Law, and as one of the Best Lawyers in America. In addition to his expertise in technology and licensing issues, he is an expert in areas of business law. He is the author of a four volume treatise on Commercial Asset Based Financing and a Contributing Editor for a leading multi-volume treatise on bankruptcy law and one on commercial law. He is admitted to practice in Illinois and Texas as well as the United States Supreme Court.
Rosa Greaves University of Glasgow, UK and University of Oslo
Part 1 - Competition Law Rosa Greaves joined the School of Law at Glasgow in 2006 and has been a Professor II at the University of Oslo since 2004. She was appointed as Head of the School of Law in 2009. She was formerly the Director of the Durham European Law Institute (DELI) at the University of Durham (UK) (1994- 06) and Lecturer and Senior Lecturer at the University of Southampton (UK) (1976-1994). She was also a Visiting Professorial Fellow at the Centre for Commercial Laws at Queen Mary & Westfield College (University of London) from 2000-05. She has been Visiting Professor at the Universities of Western Australia, Hamburg, Rouen and Georgia (USA). She teaches annually at the Academy of European Law in Trier (Germany) and at Católica. Rosa Greaves was a “stagiaire” in the Legal Service of the Commission (1976), worked with a firm of City of London solicitors and spent two years in Brussels (1989 - 1990) where she worked as an in-house consultant to the Directorate General then responsible Enterprise Policy and Distributive Trades (DGXXIII) and for Coopers Lybrand Europe. In 1995 she spent three months in Judge David Edward’s Chambers at the European Court of Justice. During research leave periods in 1999 and 2004 she was a Visiting Fellow at the Centre for European Legal Studies at the University of Cambridge (UK). Rosa Greaves
specializes in European commercial law and most of her research and publications are in this area.
Xiangshun Ding School of Law of Renmin University of China
Law, Business and Society in China Xiangshun Ding is an Associate Professor and the Assistant Dean for Foreign Affairs of the School of Law of Renmin University of China (RUC, Beijing). He is also the Director of Comparative Law Teaching and Research Section and Deputy Director of the American Law Research Institute, RUC Law School. He has been a visiting professor at Indiana University in USA and Meiji University School of Law at Tokyo, Japan . He will serve as Fulbright scholar at Harvard University Law School in the academic year of 2012 to 2013. Professor Ding got an LL.M. from Indiana University School of Law and a Masters and a Ph.D. from RUC. He was members of the Drafting Group of Implementation Measures of the National Judicial Exam and of the Expert Panel of the Modification of Law on Lawyers. His publications include A Comparative Research on Japan Judicial Exam and Legal Profession, Chinese Corporate Lawyers Face Challenges in Maintaining Corporate Social Responsibility in the Age of Globalization, Japanese Criminal Procedure Law (Translated Work) and China Trial Advocacy Handbook (Translated Work). His main research interests are Comparative Judicial System, Comparative Legal Education, Anglo-American Law and Japan Law.
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student profile Students with a strong academic background and professional experience. We seek highly motivated students with a strong academic background and professional experience. Candidates are subject to a highly competitive selection process. In addition, students are subject to a demanding evaluation system throughout the duration of the LL.M. programme, featuring written exams and take home essays. Our students are typically experienced lawyers from well-known law firms with an average age of 28. Students attending the LL.M. programme in the past have come from around the world, including such countries as Angola, Belgium, Brazil, Colombia, Georgia, Germany, Greece, Italy, Latvia, Mozambique, Poland, Portugal,
Puerto Rico, Romania, Slovenia, Spain, Switzerland, United States of America, and Venezuela. Such diversity not only provides an opportunity for our students to develop their legal and academic careers, but gives them the opportunity to share experiences and build upon their personal relationships. Classes have typically around 20 - 30 students, so that everyone may have the opportunity to share experiences, exchange best practices and increase personal and professional relationships.
LL.M. international business law Advanced
Master of Laws
“
Excellent teachers
Great colleagues” Soraia Sulemane Legal Advisor, Angola/Mozambique
“ My work experience is mostly in countries that have inherited the continental legal system from Portugal, with the challenge of having clients from several common law jurisdictions. I thought that this programme would bring me responses to the comparative question marks that I had in respect of several aspects. Excellent teachers. Great colleagues. The impeccable coordination team from the Católica Global School of Law. These are the successful factors that make this LL.M. so special and recommendable, added by the amazing weather and attractions of this beautiful Lisbon. ”
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ADVISORY BOARD Advanced LL.M. is subject to permanent evaluation from the programme’s Advisory Board. Andrea Biondi Director, Center of European Law, King’s College London António Monteiro Chairman of the Board of Directors, Millennium bcp Carlos Gomes da Silva Executive Director, Galp Energia Daniel A. Crane University of Michigan Diogo Perestrelo Cuatrecasas Gonçalves Pereira Evaristo Mendes Catholic University of Portugal Jan Dalhuisen Miranda Chair in Transnational Financial Law, Católica Global School of Law, Lisbon João Confraria Catholic University of Portugal João Vieira Almeida Vieira de Almeida & Associados John Phillips Former Dean, King’s College London José Engrácia Antunes Catholic University of Portugal Laurie Reynolds University of Illinois, Visiting Professor at Católica Global School of Law Luís Branco Morais Leitão, Galvão Teles, Soares da Silva & Associados Luís Cortes Martins Serra Lopes, Cortes Martins & Associados Miguel Teixeira de Abreu Abreu Advogados Philip R. Wood Oxford, Cambridge, QMUL, London School of Economics Rosa Greaves University of Glasgow Rui Machete Lawyer
LL.M. international business law Advanced
Master of Laws
“a very
enriching experience”
Cláudia Santos Malaquias Lawyer, Portugal
“ The Advanced LL.M. in International Business Law in Católica Global School of Law has been a very enriching experience both from educational and social standpoints. This LL.M. programme has allowed me to develop my expertise on global markets and, consequently, enhance my skills as an international corporate lawyer. Exceptional professors and dedicated administrative staff, as well as a large range of courses and seminars to choose from, clearly justify why this LL.M. programme has been ranked as one of the best worldwide for the past 3 years. The opportunity to meet people from various locations throughout the world and mutually exchanging knowledge is definitely a surplus of this LL.M.. Taking this LL.M. programme has been undoubtedly one of the best decisions ever, which I recommend everyone to make! ”
Fernando Gonçalves Lawyer, Portugal
“ My experience in the LL.M. has been a very enriching and challenging one! Knowing beforehand that it was going to be very demanding both from personal and professional points of view, it has allowed me to deepen greatly my knowledge in a variety of subjects, in a very useful way to my daily work. The wide range of business and legal subjects taught, as well as the quality of the teachers and their permanent availability to discuss the subjects are, in fact, very strong points of this programme, which I can undoubtedly recommend to any legal professional who wants to further his knowledge, constituting a valuable asset in these very challenging times. Additionally, reference has to be made to the administrative staff, for their dedication and permanent availability for the students. ”
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the programme partners
António Monteiro Chairman of the Board of Directors, Millennium bcp
Carlos Gomes da Silva Executive Director Galp Energia
As Portugal’s first privately owned bank, operating in several European, Asian and African markets, Millennium bcp has long been committed to a culture of excellence in the study of business law, and to promoting a truly European spirit in the teaching of the discipline. In the LL.M. offered at the School of Law of the Catholic University of Portugal, we are delighted to recognize the highest academic standards combined with an international outlook. That is why we are proud to support this increasingly successful and prestigious programme.
Galp Energia’s experience with the Católica Advanced LL.M. has strengthened our conviction of the strategic importance of the development of academic programmes specifically addressed at the understanding of the crucial role of competition- driven issues, for both operators and consumers, in dynamic markets as is the case of the energy markets in Portugal and Spain, where we concentrate most our retail and bulk trading operations.
LL.M. international business law Advanced
Master of Laws
Miguel Teixeira de Abreu Partner, Abreu Advogados
Maria João Ricou and Diogo Perestrelo Managing Partners, Cuatrecasas, Gonçalves Pereira
Abreu Advogados has always invested in the advanced education of its lawyers. The Firm has been associated with this LL.M. from the very first hour and sees such association as a fundamental tool in further promoting the education of the Portuguese legal profession and as an opportunity to be in contact with some of the future’s finest Portuguese lawyers.
At Cuatrecasas, Gonçalves Pereira we have our Escola de Direito André Gonçalves Pereira (EDAGP), which is an expression of our commitment with education and of our recognition of the need to have our lawyer’s skills permanently updated and strengthened. Our aim is that our lawyers benefit from high standard training and Católica’s LL.M. stands out for its excellence and for its ability to provide the top quality expertise needed in a very competitive market. Therefore we are very proud to co-sponsor this LL.M. programme again.
With over 170 lawyers practicing from its offices in Lisbon, Porto and Madeira, the firm is currently also present, in association with local Law Firms, in Angola, China and Brazil and in Partnership with Mozambique and Timor-Leste (in Joint Venture). In keeping with our policy of Sustainability (the firm was the first Portuguese law firm to publish a CSR Report), Abreu Advogados is well aware of the importance of bringing aboard its Project some of tomorrow’s brightest legal minds.
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Luís Branco Partner, Morais Leitão, Galvão Teles, Soares da Silva & Associados
Cortes Martins Managing Partner, Serra Lopes, Cortes Martins & Associados
João Vieira de Almeida Managing Partner, Vieira de Almeida & Associados
At Morais Leitão, Galvão Teles, Soares da Silva & Associados, we strive for excellence on a daily basis. We believe it is essential to establish solid ties with the law schools and are proud to be amongst the first law firms to participate in the LL.M. programme offered at Católica. This programme represents a major breakthrough in Portuguese legal education. Not only do we recognise the importance of an LL.M. programme for lawyers who want to pursue an international career, but we also know that Católica is just as committed to excellence in education as we are.
Serra Lopes, Cortes Martins & Associados has a long-standing and close relationship with Católica. That’s why we’ve encouraged and supported the project since the first moment. The practice of last six years has confirmed our utmost expectations, transforming this project into a successful experience! This is the only Advanced LL.M. taught currently in Portugal and it is a very important opportunity for our associates who have attended the course. I think that is a considerable improvement in the Portuguese legal market and attracts the best young professionals. In 2013 I should say that this LL.M. is certainly a confirmed success in the Portuguese legal education environment and we are very pleased to be associated with it.
VdAcademia, the first academy created by a law firm in Portugal, is the ultimate expression of VdA’s commitment to help promote excellence and innovation in the Portuguese legal market and to develop the legal professions through education. Supporting this LL.M. is an important part of that effort. We are teaming up with the best in the academic field to foster a new, wider approach and experience to those who will shape the legal markets in the future.
LL.M. international business law Advanced
Master of Laws
“Best faculty in the world. It happens to be in Lisbon�
LIVING IN LISBON, STUDENTS LIFE Lisbon provides the historical benefits of being in the place where the first step towards globalization was taken centuries ago. Lisbon has a vibrant modern ambiance, affordable living costs, and sits poised as the geographical and strategic bridge between Europe and the United States.
USEFUL SITES www.visitlisboa.com www.visitportugal.com www.golisbon.com www.investlisboa.com www.cm-lisboa.pt
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LISBON A CITY FULL OF HISTORY AND SURROUNDED BY COUNTLESS ATTRACTIONS Lisbon is Portugal’s political and economical capital. Superbly located on the north bank of the Tagus River, Lisbon boasts a thousand years of history and is peppered with monuments of great importance reflecting the key moments in the country’s history. The attractions of this city are countless, from the typical charming architecture itself, traditional restaurants, boutiques, bars and iconic cafes, cosy bookshops, busy markets, fun nightclubs, theatres and museums to the extensive gardens and places to eat, drink and relax along the riverside. Minutes away from the city centre there’s an extraordinary coastline with a wide variety of unique beaches, ideal for all sorts of water
sports such as surf or windsurf and many other outdoors entertaining activities. Still in the surroundings you’ll find Cascais, a lovely fisherman village, Estoril which is home for the biggest Casino in Europe; Sintra, World Heritage, the perfect symbiosis between nature and its palaces, castles and magnificent monuments; Ribatejo, land of horses and bulls, perfect place to visit farms, offering rich regional gastronomy and excellent wines. Not only is Lisbon a great place to live, but its location provides easy access to other major western European cities, such as Paris, Rome, and London.
495
beaches on the Portuguese coast
252
sunny days per year
€€
Inexpensive Living Conditions
LL.M. INTERNATIONAL BUSINESS LAW Advanced
Master of Laws
GENERAL INFORMATION SCHOLARSHIPS
Scholarships may be granted to a limited number of students, on the basis of merit and financial need.
FLAD scholarship:
For applicants from the USA, one Luso-American Foundation scholarship consisting of €7.000 and round-trip travel.
Millennium BCP scholarships: for applicants from Greece, Poland and Romania, three Millennium BCP scholarships of €13.333,33.
Católica scholarships:
Two letters of recommendation, in English or in Portuguese. Official transcripts from schools attended, in English or in Portuguese. Curriculum Vitae, in English, with dates and lengths of employment, maximum two pages. Official TOEFL / IELTS score report, or an equivalent certificate. Copy of Identity Card or Passport. 1 photo.
half tuition waiver for applicants from Brazil - one grant; for applicants from China - one grant.
TUITION
APPLICATIONS
Full-time programme: 1 year OPTION 1 €12.000 due on July 20 OPTION 2 €13.000 payable in 10 monthly installments (between July and April)
All LL.M. candidates must hold a first degree in Law. Preference will be given to candidates with a strong academic record. You may submit your application at any time, and it must be completed with all required documentation. Candidates will be selected on a rolling-basis.
Applicants should submit the following documents: Application form, available at www.catolicalaw.fd.lisboa.ucp.pt Personal statement, in English. This statement should explain the applicant’s experience and interest in graduate studies. It should also discuss the applicant’s professional goals, and how the completion of this LL.M. degree could benefit his or her legal career.
Part-time programme: 2 years OPTION 3 €13.200 payable in 2 installments OPTION 4 €13.860 payable in 6 installments
Master’s Thesis €1.650
Additional Semester Abroad €2.175
CONTACTS Católica Global School of Law Palma de Cima 1649-023 LISBON PORTUGAL Phone +351 217 214 179 Fax +351 217 264 566 llm-catolica@fd.lisboa.ucp.pt www.catolicalaw.fd.lisboa.ucp.pt
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CATÓLICA GLOBAL SCHOOL OF LAW
ADVANCED MASTER OF LAWS
LISBON · PORTUGAL
RECENT GRADUATES MAY ALSO APPLY TO THE LL.M. LAW IN A EUROPEAN AND GLOBAL CONTEXT OUTSTANDING YOUNG SCHOLARS MAY APPLY TO THE GLOBAL PH.D. PROGRAMME. INFORMATION / APPLICATIONS: llm-catolica@fd.lisboa.ucp.pt www.catolicalaw.fd.lisboa.ucp.pt
CATÓLICA GLOBAL SCHOOL OF LAW
LISBON · PORTUGAL
Among top LL.M.s in the world: Financial Times Innovative Law Schools Report
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CUTTING EDGE LEGAL EDUCATION
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