Law (all)

Bachelor

AGB-/Verbraucherrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
On-campus and online, live
Instructor(s):
Prof. Dr. Jens-Uwe Franck
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Aktienrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Carsten Schäfer
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
An Introduction to the Law and Legal System of the United States (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:
This course will introduce students to distinctive aspects that comprise the law and legal system of the United States. Topics will examine the interplay between state and federal court systems, as well as sources of law and law making, the American legal education and becoming a lawyer. We will explore key subjects from first-year law school curriculum including torts, contract, property, constitutional law, criminal law, and criminal and civil procedure. Other topics will include the jury trial, class actions, punitive damages, and practical aspects of the law in the United States, such as rules of discovery and the basics of legal research, writing and trial advocacy.

Generally, the course will be split into three parts: first, general aspects of U.S. laws and legal system; second, an overview of substantive topics in key subject areas of law; and, third, practicing law in the United States including commencing a lawsuit, research, and litigation.

Lecturer: Ms. Sheila O'Laughlin
Instructor(s):
Sheila O'Laughlin
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Arbeitsrecht (Individualarbeitsrecht) mit integrierter Übung (Lecture)
DE
Course type:
Lecture
ECTS:
12.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
4
Attendance:
Online, live
Instructor(s):
Prof. Dr. Philipp Fischinger
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Arzneimittel- und Medizinprodukterecht (Lecture)
DE
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
1
Attendance:
Online, live
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Außerdeliktische Ausgleichsordnung (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
3
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Oliver Brand
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Bankrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
On-campus and online, live
Instructor(s):
Prof. Dr. Georg Bitter
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Climate Change and Energy Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Description:
Climate change represents a major threat that needs to be tackled on the national, regional, and international levels. The reduction of greenhouse gas emissions is one of the main instruments of climate actions that require global efforts and cooperation between countries. This entails the adoption of policy measures, legal acts, and external relations guided by international agreements.
During this course, we will analyze the EU legal framework on the climate change issues and the interrelated energy policy matters. In the following part of the course, we will deal with the environmental protection actions on the international level, with special attention to the United Nations climate regime. Furthermore, the influence of the environmental requirements on international trade will be also explored, with a focus on the World Trade Organization rules.
Next to the results of the final written (online) exam, the results from seminar papers will also contribute to the overall grade for this course.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Comparative Law II: The Common/Civil Law Divide (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:

The class Comparative Law II – The Common/Civil Law divide will focus on the Common/Civil Law divide and in particular compare aspects of the legal system in Germany on the one hand, and Australia/the United States on the other hand. Methodological differences between the Civil law and the Common law systems will be pointed out, and subjects of particular importance for daily business, such as formation of contracts, agency, contract interpretation etc., will be treated in greater detail.

The course has three main components. The first part of the course will consider the origins and utility of comparative law, its aims, tools and methods. The second part of the course will review and analyse the two main legal traditions in the world, Common Law and Civil Law. The objective will be to understand differences and similarities between these two ways of understanding law and organizing legal institutions and procedures, on the other hand. In this context, an overview on the differences with regard to the rule of law, judicial review and the legal profession will be provided. The third part of the course will focus upon applying comparative legal analysis to actual cases and international disputes and show how the results differ depending on which legal order is applied.

 

  • Basic features, tools and methods of comparative law
  • Development and current status of Common Law as a legal family
  • Development and current status of Civil Law as a legal family
  • The education and role of lawyers
  • Judges and judiciaries, lay judges and juries
  • Legal reasoning
  • Statutes and their construction
  • Judicial precedents
  • Particular legal institutions and instruments in a comparative assessment
Learning target:
Learning outcomes and qualification goals:
The course Comparative Law II constitutes the basis for all M.C.B.L. courses in the area International
& Comparative Business Law (taught in Mannheim during the Spring-Summer-Term). It deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view, but with a particular focus on the differences and common features of the world’s two major
legal families, Civil law and Common law. In doing so, it supplements and further enhances the content of the course Comparative Law I (taught during the Fall-Winter-Term). The aim is to provide students with the necessary analytical background allowing them to carry out sophisticated comparative legal analysis in their respective further fields of studies, and make them familiar with the most important aspects of the proverbial (but sometimes overstated) “Common/Civil Law divide”.
Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Oliver Brand
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Data Protection Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
Live & on-campus
Registration procedure:
Persons and companies can suffer harm in the case of unauthorized and wrongful processing of personal data, which is related to the breach of our fundamental rights guaranteed by law. We are sharing our data every day through social media, online banking, online shopping, etc. with the hope that our rights are safeguarded. The main goal of this Course is the familiarization of students with the EU and international legal frameworks on the protection of personal data, and its significance as a fundamental right. This area of law is based on the requirement to ensure control over personal data, and to protect them from unauthorized disclosure, online abuse, identity theft, etc. During this course, students will learn about the EU’s and the Council of Europe’s (CoE) legal rules on this matter, including an explanation of major Courts’ rulings and the most important jurisprudence.
Throughout the course, there will be a focus on:
 –  Introduction to the EU legal and institutional framework
 – The right to personal data protection and its limitations
 – The most important legal principles and rules of the EU data protection law (lawfulness, fairness, transparency, security, etc.)
 – The rights of data subjects and their enforcement (remedies, liability, compensation)
 – International flow of personal data (data transfer to third countries)
– Cases before the Data Protection Authorities and Court of Justice of the European Union (case law);

Next to the results of the final written exam, the results from seminar papers will also contribute to the overall grade for this course.
Deutsch für Juristen (Course)
DE
Course type:
Course
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Live & on-campus
Literature:
F. E. Schnapp, „Stilfibel für Juristen“, Münster 2004.
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/11.
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
Description:
Juristen müssen sich verständlich machen können – nicht nur untereinander, sondern (vor allem) gegenüber Laien. Zumal rund 80 Prozent von ihnen den Beruf des Rechtsanwalts oder der Anwältin ergreifen. Und für diese gilt: Mandanten sind Kunden auf einem umkämpften Markt für Beratungsdienstleistungen. Aber auch Richter, Unternehmens-, Verwaltungs- und Verbandsjuristen müssen (ebenso wie Journalisten und Politiker) ihre Fachkenntnisse und Botschaften an den Mann und an die Frau bringen. Rechtskundige pflegen jedoch einen umständlichen und gekünstelten Sprachstil. Schachtelsätze, Nominal- und Passivkonstruktionen, altertümliche Redewendungen, das Kleben an Fachbegriffen u.a. verbauen den Zugang zum Gesprächspartner und zur Öffentlichkeit.
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
Einführung in das deutsche Zivilrecht für ausländische Studierende (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Live & on-campus
Registration procedure:

The course gives an introduction to German private law especially for foreign law students. The course begins with an overview of the legal sources of German law. In particular, the special position of the Civil Code and its historical development will be discussed.

Then the most important legal areas of the Civil Code will be worked out on the basis of systematic descriptions and case solutions. By focusing on the law of torts, the law of obligations and the law of property, the working method in German civil law is clarified. Short introductions to inheritance and family law, company law and civil procedural law round off the course through private law.

 

Structure

- Definition of private law, historical development

- Structure of the BGB

- tort law

- law of obligations

- property law

- Inheritance and Family Law, Company Law and Civil Procedure Law at a Glance

 

The aim of the course is to ensure that students are familiar with the structures of German civil law by the end of the course and that they are able to handle smaller cases with the knowledge they have acquired.

Instructor(s):
Daniel Friedrich
Einkommensteuerrecht (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
3
Attendance:
Online, live
Recommended requirement:
Instructor(s):
Prof. Dr. Benjamin Straßburger
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Energy law and Policy (Lecture)
EN
Course type:
Lecture
ECTS:
8
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:
This course will provide students with the knowledge of the technological and regulatory framework applying to energy markets. It will address the relevant issues of governance and liberalization of particular markets such as electricity and gas. Furthermore, the institutional legal framework will be explored, with the main focus on the European Union and the internal energy market it seeks to create.
After presenting the regulatory framework and energy policy developments on the international and the EU level, the course will focus on competition rules, international trade in energy and energy subsidies.
The following part of the course will examine how policy incentives for climate change mitigation affect the energy sector, with the EU often used as a case example. It will cover the current developments in Climate Change Law, legal and policy matters associated with the renewable energy sector, and the role of exemplary international organizations in the creation of more sustainable energy policies.
The course will be conducted through lectures, discussions and seminars. Next to the results of the final written exam also the seminar presentation will contribute to the overall grade for this course.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Europäisches Wirtschaftsverfassungsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Benjamin Straßburger, Louisa Härdle, Maximilian Scheu
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Fallstudien zu Human Resource Management in Organisationen (Exercise)
DE
Course type:
Exercise
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Achim Schunder
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Grundlagen des Wirtschaftsverwaltungsrechts (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Historische Grundlagen des Zivilrechtes (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Ulrich Falk
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Insolvenz und Sanierung: Grundlagen (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Dr. Kai Büchler, Dr. Georg Streit
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Instrumente des Human Resource Managements (Lecture w/ Exercise)
DE
Course type:
Lecture w/ Exercise
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live & recorded
Instructor(s):
Prof. Dr. Torsten Biemann
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Humanitarian Law / The law of armed conflict (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
On-campus and online, live
Registration procedure:
International Humanitarian Law (IHL) is a body of rules that seeks to limit the effects of armed conflict. IHL protects those who are not participating in hostilities, and those who are no longer participating in hostilities. This body of law imposes limits on the methods and means of warfare. IHL forms part of public international law and is largely based on treaties and rules of customary international law. 
In this course the development as well as the basic concepts of IHL will be explored. Students will be introduced to the most important documents governing armed conflict, learn how to apply these and will consider the challenges posed to the application of IHL in armed conflicts. A large part of the course will focus on the new developments in IHL including the emergence of new forms of armed conflicts and the development and use of new technologies in armed conflict.

Assessment
Assessment for this course will consist of one writing assignment and one open book exam.
Instructor(s):
Marelie Manders
International Investment Law (Lecture)
EN
Course type:
Lecture
ECTS:
6
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Description:
This module will focus on the international law concerned with the regulation of foreign investments and the settlement of disputes between foreign investors and host States. Students will gain an overview of the evolution of international investment law and the development of legal instruments that seek to promote and protect investments abroad. By studying investment arbitration case law, students will familiarize themselves with bilateral, regional and multilateral investment treaties, their legal principles, regulatory approaches and procedural mechanisms of resolving investor-State disputes by international arbitration. Throughout the course, we will examine the problem of balancing the right to regulate in the public interest and the need for investment protection, which has become a key component of negotiations on new international investment treaties around the world. The course will cover the following topics:
✓ The Object and Purpose of International Investment Law
✓ The Sources of International Investment Law
✓ The History of International Investment Treaties and Investment Rules
✓ The Scope of Application of International Investment Treaties
✓ Substantive Standards of Investment Protection
✓ Settlement of Investor-State Disputes by International Arbitration
✓ Contemporary Issues, including European Union and International Investment Law
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Organizations: Structural Introduction (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:

Decades before the invention of the word “globalization”, economic activities were no longer, if ever, confined to the internal markets of States. However, the intensity of international trade and commerce at the beginning of the 21st century is quite probably unprecedented. Whether in efforts to enable, to enhance or to control international economic activities, the States of the world have grown dependent upon one another. This is reflected by cooperation at regional levels or in global contexts.

Such cooperation more and more makes use of the forums provided by international organizations, many of which are much more than mere “negotiation frameworks”, but are rather vested with legal personality and regulatory, or even adjudicative, powers.

  • Economically relevant international organizations (ILO, WTO, UN, OECD)
  • International organizations as subjects of public international law and of private law
  • Distinguishing between governmental and non-governmental organizations
  • Creation of international organizations
  • International Organizations as law-makers and standard-setters
  • Interaction of international law and domestic legal orders
  • Responsibility of international organizations under public international law
  • Legal remedies against acts of international organizations
Learning target:
Learning outcomes and qualification goals:
The course intends to provide students with the background knowledge of the law of international organizations, which they will need in pursuit of their in-depth studies of international business law.
Examination achievement:
Written examination
Instructor(s):
Dr. Mateja Steinbrück-Platise
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Trade Law (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:

The International Trade Law course seeks to familiarize students with the numerous legal issues that commonly arise in the context of the trade in goods and services between and among nations. In addition, the course provides students with the economic theories underlying international trade and the history of international trade. The areas of coverage during the course include the following:

  • The theory of „comparative advantage“ developed and popularized by the Eighteenth Century British economist, David Ricardo, along with subsequent critiques and modifications of this theory.
  • The beginnings of trade between nations beginning in ancient times and its expansion, development and increasing sophistication during the subsequent centuries.
  • The continuing conflict between the principles and practices of „free trade“ and those of „mercantilism,“ sometimes described as „import substitution.“
  • The development of free trade agreements („FTAs“) during the previous 300 years and the relatively recent phenomenon of „trade blocs“ and „customs unions“ involving groups of nations pursuing common economic and political objectives. Examples of these latter types of trade combinations are the European Union and the Association of Southeast Asian Nations („ASEAN“)
  • The establishment of the General Agreement on Tariffs and Trade („GATT“) after World War II and its transformation into the World Trade Organization („WTO“) in 1995.
  • The structure, operations and goals of the WTO and the various trade agreements that bind all WTO members („Multilateral Agreements“) and those agreements that only bind those nations acceding to their terms („Plurilateral Agreements“).
  • The future of the WTO and trade blocs in the Twenty-First Century.
Examination achievement:
Oral examination
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Internationales Privatrecht I (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Moritz Renner
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Introduction to Public International Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Instructor(s):
Raphael Oidtmann
Description:
This course provides students with an understanding of the system of public international law, regulating relations between actors on the global stage. Topics include: the nature of international law, sources of international law (including treaties, customary international law and general principles of law), participants in the international legal system (including notions of statehood, legal personality and diplomatic protection), territory and acquisition of title, state responsibility, jurisdiction and immunity, the relationship between international and domestic law, international human rights law, the (peacekeeping) operations of the United Nations including the role of the General Assembly, international dispute settlement and the role of the International Court of Justice as well as the law regulating the use of force and, correspondingly, the Security Council.
Sessions will take place on a weekly basis and consist of both lecture and discussion parts. Within the discussion part, current developments such as inter alia pending cases before the International Court of Justice and further contemporary topics will be discussed.

Introductory Reading (optional):
  • Cassese, Antonio (ed.): ‘Realizing Utopia: The Future of International Law’ (Oxford, Oxford University Press, 2012)
  • Crawford, James and Ian Brownlie: ‘Brownlie’s Principles of Public International Law’ (Oxford, Oxford University Press, 2012)
  • Hall, Stephen: ‘Principles of International Law’ (Hong Kong, LexisNexis, 2014)
  • Kaczorowska, Alina: ‘Public International Law’ (London, Routledge, 2010)
  • Lowe, Vaughan: ‘International Law’ (Oxford, Oxford University Press, 2007)
  • Tourme-Jouannet, Emmanuelle: ‘The Liberal-Welfarist Law of Nations: A History of International Law’ (Cambridge, Cambridge University Press, 2012)
Required reading materials as well as additional sources will be provided electronically.
Mode of assessment for this course will be a research paper. In addition, oral participation will contribute to the final grade awarded for this course.

Course is open for Bachelor and Master students and recommended for Bachelor and Master Political Science students. 
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Kolloquium Rechtsphilosophie (Colloquium)
DE
Course type:
Colloquium
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Recommended requirement:
Literature:
Ergänzend: Seelmann/Demko, Rechtsphilosophie, 7. Aufl. 2019; Volkmann, Rechtsphilosophie, 2018.
Description:
Im Frühjahrssemester 2021 haben wir im Rahmen des Kolloquiums begonnen „Die Metaphysik der Sitten“ von Immanuel Kant zu lesen. Im Herbstsemester soll die gemeinsame Lektüre dieses Werks fortgesetzt werden. Dabei ist es nicht erforderlich, das Kolloquium im Frühjahr besucht zu haben.

Ziel ist es, nach einer Betrachtung von Kants Staatsrecht seine Konstruktion des Völkerrechts und schließlich auch das zu erschließen, was er Weltbürgerrecht nennt.

Besondere Aufmerksamkeit gilt also der internationalen Dimension des Rechts. Nach überkommener Sichtweise bilden Staaten die „ursprünglichen“ Rechtspersonen des Völkerrechts. Ihnen kommt Souveränität zu. Damit korrespondiert das Verbot, dass ein Staat sich in die ausschließlichen inneren oder äußeren Angelegenheiten eines anderen Staates einmischt (Interventionsverbot). Seit dem Ende des Zweiten Weltkriegs und der Gründung der Vereinten Nationen hat sich das internationale Recht aber dahin entwickelt, dass die Staaten der Welt kraft Völkerrechts zur Achtung und Wahrung von Menschenrechten verpflichtet sind – und dass diese staatliche Verpflichtung mit subjektiven Rechten des Einzelmenschen korrespondiert. Die historische Entwicklung des Völkerrechts verläuft damit „vom Staat hin zum Einzelmenschen“ (menschenrechtlich gesehen gleichsam ein „top-down approach“).

Grundlegende praktische Bemühungen um eine friedliche Weltordnung nach dem Ersten Weltkrieg lehnten sich auch an die Philosophie Immanuel Kants an, für den die Schaffung eines Völkerbundes der Schlüssel zu einer vernunftrechtlichen Ordnung darstellt.

Kant gründet sein öffentliches Recht darauf, dass allen Menschen ein (gleiches) Recht auf Freiheit angeboren sei, und konstruiert von da aus nicht nur die Gründung eines Staates, sondern letztlich auch das Völkerrecht. Im Vergleich zur historischen Entwicklung verfolgt Kant also einen „bottom-up approach“.

Das Kolloquium will Kants Rechtsphilosophie in den Blick nehmen und sein „System“ des Rechts mit dem geltenden Völkerrecht kontrastieren.

Beifachstudierende des Öffentlichen Rechts können die Prüfungsleistung für ihr Wahlfach erbringen, indem sie im Anschluss an eine Kolloquiumsstunde deren Inhalt sowie den Inhalt des besprochenen Buchausschnitts zusammenfassen und in der Folgestunde kurz präsentieren.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Konzernrecht (Lecture)
DE
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
1
Attendance:
Live & on-campus
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Legal Tech (Lecture)
DE
Course type:
Lecture
ECTS:
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Live & on-campus
Medizinrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Mark Makowsky
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Private International Law (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:
Dealing with contract drafting and disputes in the context of international business transactions involves the potential applicability of domestic laws of more than one State. This lecture provides an introduction into the relevant issues of conflict of laws in cases with a foreign element, with a particular focus on the fields of contracts, corporations and torts.

This course deals with methods and rules to be applied in such “conflict of laws” scenarios (as the topic is referred to by common lawyers) in order to determine which country’s legal system governs the merits of such cases. While rules of “Private International Law” (PIL) have traditionally been mostly rules of national (domestic) law, in the field of business law, two comprehensive EU regulations have been introduced in recent years (the “Rome I” and “Rome II” Regulations), which will be at the core of the present course along with the general doctrines of PIL as codified in the German Introductory Act to the Civil Code. In doing so, reference will also be made to general ideas and principles of Private International Law in other European countries and in the United States. For the time being, questions of property law as well as the law of corporations still underlie the autonomous (national) PIL of the forum state, yet with some impact of EU case law that needs to be considered in the context of free movement of corporations within the EU.

As the student is supposed to take the perspective of a German court or of an attorney seeking the issuance of a German judgement, German PIL and its partial modification through EU case law will be discussed in class.
General principles of conflict of laws
Private International Law in contracts cases: The Rome I Regulation
The proposal for a Common European Sales Law (CESL)
Private International Law in tort cases: The Rome II Regulation
Private International Law in property matters under selected domestic laws
Law applicable to corporations and free cross-border movement of companies
Private International Law in EU courts and third-country disputes
Brief overview of the jurisdiction of courts over cross-border disputes (in particular the Brussels I Regulation)

Learning outcomes and qualification goals: Students having completed the class should not only be able to spot special and general issues such as characterization, connecting factor, preliminary question, independent attachment, adaptation and ordre public but also be equipped with a method of how to approach and how to solve (find the applicable substantive law) on a step by step basis a private international law case from the perspective of a judge or an attorney.
Learning target:
Learning outcomes and qualification goals:
Students having completed the class should not only be able to spot special and general issues such as characterization, connecting factor, preliminary question, independent attachment, adaptation and ordre public but also be equipped with a method of how to approach and how to solve (find the applicable substantive law) on a step by step basis a private international law case from the perspective of a judge or an attorney.
Examination achievement:
Oral examination
Instructor(s):
apl. Prof. Dr. Juliana Mörsdorf
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Privatversicherungsrecht I (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
On-campus and online, live
Instructor(s):
Prof. Dr. Oliver Brand
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Schuldrecht Allgemeiner Teil (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
On-campus and online, live
Instructor(s):
Prof. Dr. Georg Bitter
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Umwandlungsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
1
Attendance:
Online, live
Instructor(s):
Dr. Hans-Christoph Ihrig
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Unternehmensnachfolge (Lecture)
DE
Course type:
Lecture
ECTS:
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
1
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Ralph Landsittel
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Unternehmenssteuerrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Erik Röder
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Urheberrecht (Lecture)
DE
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Credit hours 1:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Nadine Klass
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Verfassungsgeschichte (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
On-campus and online, live

Master

An Introduction to the Law and Legal System of the United States (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:
This course will introduce students to distinctive aspects that comprise the law and legal system of the United States. Topics will examine the interplay between state and federal court systems, as well as sources of law and law making, the American legal education and becoming a lawyer. We will explore key subjects from first-year law school curriculum including torts, contract, property, constitutional law, criminal law, and criminal and civil procedure. Other topics will include the jury trial, class actions, punitive damages, and practical aspects of the law in the United States, such as rules of discovery and the basics of legal research, writing and trial advocacy.

Generally, the course will be split into three parts: first, general aspects of U.S. laws and legal system; second, an overview of substantive topics in key subject areas of law; and, third, practicing law in the United States including commencing a lawsuit, research, and litigation.

Lecturer: Ms. Sheila O'Laughlin
Instructor(s):
Sheila O'Laughlin
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Climate Change and Energy Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Description:
Climate change represents a major threat that needs to be tackled on the national, regional, and international levels. The reduction of greenhouse gas emissions is one of the main instruments of climate actions that require global efforts and cooperation between countries. This entails the adoption of policy measures, legal acts, and external relations guided by international agreements.
During this course, we will analyze the EU legal framework on the climate change issues and the interrelated energy policy matters. In the following part of the course, we will deal with the environmental protection actions on the international level, with special attention to the United Nations climate regime. Furthermore, the influence of the environmental requirements on international trade will be also explored, with a focus on the World Trade Organization rules.
Next to the results of the final written (online) exam, the results from seminar papers will also contribute to the overall grade for this course.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Comparative Competition Law (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:
The course will focus on a comparative analysis of competition law and policy under US antitrust law and EU competition law. By studying legislation and case-law on select topics, students will acquire knowledge about both legal systems. The course will also examine the historic, economic and social causes of differences and similarities between competition law on the two sides of the Atlantic. The course provides insights into EU competition law and US antitrust law particularly with regard to the following issues:
  • Historical background and mode of development,
  • Institutional and constitutional role,
  • Importance of various sources of law (legislation, administrative orders, case-law),
  • Approach to anti-competitive coordination, abuse of market power, and merger control, and
  • Mechanisms of public and private enforcement

Students will acquire knowledge of foreign legal systems and learn how to conduct comparative legal analysis. Students will become familiar with characteristics of EU competition law and US antitrust law. They will be encouraged to assess and discuss topics in competition law and policy, to analyse legal developments against the economic, social and institutional background of the jurisdictions in which they take place, and to defend their positions in the classroom.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Comparative Law II: The Common/Civil Law Divide (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:

The class Comparative Law II – The Common/Civil Law divide will focus on the Common/Civil Law divide and in particular compare aspects of the legal system in Germany on the one hand, and Australia/the United States on the other hand. Methodological differences between the Civil law and the Common law systems will be pointed out, and subjects of particular importance for daily business, such as formation of contracts, agency, contract interpretation etc., will be treated in greater detail.

The course has three main components. The first part of the course will consider the origins and utility of comparative law, its aims, tools and methods. The second part of the course will review and analyse the two main legal traditions in the world, Common Law and Civil Law. The objective will be to understand differences and similarities between these two ways of understanding law and organizing legal institutions and procedures, on the other hand. In this context, an overview on the differences with regard to the rule of law, judicial review and the legal profession will be provided. The third part of the course will focus upon applying comparative legal analysis to actual cases and international disputes and show how the results differ depending on which legal order is applied.

 

  • Basic features, tools and methods of comparative law
  • Development and current status of Common Law as a legal family
  • Development and current status of Civil Law as a legal family
  • The education and role of lawyers
  • Judges and judiciaries, lay judges and juries
  • Legal reasoning
  • Statutes and their construction
  • Judicial precedents
  • Particular legal institutions and instruments in a comparative assessment
Learning target:
Learning outcomes and qualification goals:
The course Comparative Law II constitutes the basis for all M.C.B.L. courses in the area International
& Comparative Business Law (taught in Mannheim during the Spring-Summer-Term). It deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view, but with a particular focus on the differences and common features of the world’s two major
legal families, Civil law and Common law. In doing so, it supplements and further enhances the content of the course Comparative Law I (taught during the Fall-Winter-Term). The aim is to provide students with the necessary analytical background allowing them to carry out sophisticated comparative legal analysis in their respective further fields of studies, and make them familiar with the most important aspects of the proverbial (but sometimes overstated) “Common/Civil Law divide”.
Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Oliver Brand
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Corporate Governance II (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:

The course offers an introduction to the economic theory of corporate governance and its application to corporate law, including aspects of insolvency and securities law. To obtain a thorough understanding of the theory, students are asked to read classic contributions to the corporate governance literature and to discuss them in class. They will also be required to apply the theory to a broad range of legal settings, both in the classroom and in preparing the course.

Foundations of corporate governance

  • Corporate governance as a functional perspective
  • Economic theory of the firm
  • Agency cost view on corporate governance: agency costs of equity and debt
  • Transaction cost view on corporate governance: bargaining over quasi-rents of the firm

Application to corporate, insolvency and securities law

  • Legal institutions to minimize the agency costs of equity: constraints on management and dominant shareholders in the public corporation
  • Legal institutions to minimize the agency costs of debt: legal capital; piercing the corporate veil
  • Legal institutions to minimize the costs of rent-seeking: management independence
  • Employee codetermination
  • Special focus on corporate control transactions: private benefits of control; the market for corporate control; mergers and acquisitions; insolvency
Instructor(s):
Prof. Dr. Erik Röder
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Data Protection Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
Live & on-campus
Registration procedure:
Persons and companies can suffer harm in the case of unauthorized and wrongful processing of personal data, which is related to the breach of our fundamental rights guaranteed by law. We are sharing our data every day through social media, online banking, online shopping, etc. with the hope that our rights are safeguarded. The main goal of this Course is the familiarization of students with the EU and international legal frameworks on the protection of personal data, and its significance as a fundamental right. This area of law is based on the requirement to ensure control over personal data, and to protect them from unauthorized disclosure, online abuse, identity theft, etc. During this course, students will learn about the EU’s and the Council of Europe’s (CoE) legal rules on this matter, including an explanation of major Courts’ rulings and the most important jurisprudence.
Throughout the course, there will be a focus on:
 –  Introduction to the EU legal and institutional framework
 – The right to personal data protection and its limitations
 – The most important legal principles and rules of the EU data protection law (lawfulness, fairness, transparency, security, etc.)
 – The rights of data subjects and their enforcement (remedies, liability, compensation)
 – International flow of personal data (data transfer to third countries)
– Cases before the Data Protection Authorities and Court of Justice of the European Union (case law);

Next to the results of the final written exam, the results from seminar papers will also contribute to the overall grade for this course.
Deutsch für Juristen (Course)
DE
Course type:
Course
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Live & on-campus
Literature:
F. E. Schnapp, „Stilfibel für Juristen“, Münster 2004.
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/11.
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
Description:
Juristen müssen sich verständlich machen können – nicht nur untereinander, sondern (vor allem) gegenüber Laien. Zumal rund 80 Prozent von ihnen den Beruf des Rechtsanwalts oder der Anwältin ergreifen. Und für diese gilt: Mandanten sind Kunden auf einem umkämpften Markt für Beratungsdienstleistungen. Aber auch Richter, Unternehmens-, Verwaltungs- und Verbandsjuristen müssen (ebenso wie Journalisten und Politiker) ihre Fachkenntnisse und Botschaften an den Mann und an die Frau bringen. Rechtskundige pflegen jedoch einen umständlichen und gekünstelten Sprachstil. Schachtelsätze, Nominal- und Passivkonstruktionen, altertümliche Redewendungen, das Kleben an Fachbegriffen u.a. verbauen den Zugang zum Gesprächspartner und zur Öffentlichkeit.
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
Einführung in das deutsche Zivilrecht für ausländische Studierende (Lecture)
DE
Course type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Live & on-campus
Registration procedure:

The course gives an introduction to German private law especially for foreign law students. The course begins with an overview of the legal sources of German law. In particular, the special position of the Civil Code and its historical development will be discussed.

Then the most important legal areas of the Civil Code will be worked out on the basis of systematic descriptions and case solutions. By focusing on the law of torts, the law of obligations and the law of property, the working method in German civil law is clarified. Short introductions to inheritance and family law, company law and civil procedural law round off the course through private law.

 

Structure

- Definition of private law, historical development

- Structure of the BGB

- tort law

- law of obligations

- property law

- Inheritance and Family Law, Company Law and Civil Procedure Law at a Glance

 

The aim of the course is to ensure that students are familiar with the structures of German civil law by the end of the course and that they are able to handle smaller cases with the knowledge they have acquired.

Instructor(s):
Daniel Friedrich
Energy law and Policy (Lecture)
EN
Course type:
Lecture
ECTS:
8
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:
This course will provide students with the knowledge of the technological and regulatory framework applying to energy markets. It will address the relevant issues of governance and liberalization of particular markets such as electricity and gas. Furthermore, the institutional legal framework will be explored, with the main focus on the European Union and the internal energy market it seeks to create.
After presenting the regulatory framework and energy policy developments on the international and the EU level, the course will focus on competition rules, international trade in energy and energy subsidies.
The following part of the course will examine how policy incentives for climate change mitigation affect the energy sector, with the EU often used as a case example. It will cover the current developments in Climate Change Law, legal and policy matters associated with the renewable energy sector, and the role of exemplary international organizations in the creation of more sustainable energy policies.
The course will be conducted through lectures, discussions and seminars. Next to the results of the final written exam also the seminar presentation will contribute to the overall grade for this course.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Erbschaftssteuer- und Bewertungsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Europäisches Arbeitsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
1
Attendance:
On-campus and online, live
Instructor(s):
Prof. Dr. Friedemann Kainer
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Europarecht (Lecture)
DE
Course type:
Lecture
ECTS:
12.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
4
Attendance:
Online, live
Instructor(s):
Prof. Dr. Benjamin Straßburger, Maximilian Scheu, Louisa Härdle
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Intellectual Property Law (Lecture w/ Exercise)
EN
Course type:
Lecture w/ Exercise
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:

Intellectual property is an indispensable tool to foster innovation and assure protection of achievements. They are an important factor for remaining competitive in the global knowledge-based economy. The shift from corporal goods to intellectual property however has many implications for today’s businesses: they have to play the system to gain from it, have to develop new business models, acquire rights by contract and closely watch the market and competitors to avoid liability. The course accordingly is designed to provide an overview on the concept of intellectual property and the practical implications for businesses.

Students will familiarize themselves with the multi-level system of IP-protection on a worldwide (TRIPS and WIPO-Treaties), European (EU-legislation) and national level. With regard to the latter the transformation of international and European requirements into national law, German intellectual property law will be taken as an example. Participants from other jurisdictions however will be encouraged to analyse differences to the corresponding legal concepts in their home jurisdictions.

The course will cover the legal concepts of patent protection and utility models, the rules on the protection of trademarks and designations of origin, the basics of copyright law and of design protection. Where appropriate the course will also highlight certain rules under unfair competition law providing ancillary remedies for avoiding unfair exploitation of work results.

The course devotes to the co-existence of national and Community IP-rights. The advantages and disadvantages of the existing unitary Community concepts, i.e. the Community Trade Mark and the Community Design as compared to national IPRs will be discussed in the light of relevant case law.

Furthermore, the conflicting aims of freedom of competition (and in particular free movement of goods) on the one hand and strict IP-protection on the other hand will be tackled. This gives the opportunity to discuss current trends to narrow the scope of protection by means of compulsory licences, FRAND-licences and similar limitations imposed by cartel and competition law.

  • Concept of IP-law
  • The legal sources (TRIPS, WIPO-Treaties, EU-Regulations and Directives)
  • The distinct IP-rights: patent, utility model, trademark, design & copyright
  • The impact of competition law on intellectual property protection
  • Contractual exploitation of IPRs (transfer and licence agreement)
  • Enforcement of IP-rights (remedies and procedural strategies)

 

Learning target:
Learning outcomes and qualification goals:
The course is designed to provide an overview of the principles of intellectual property law and its importance in our knowledge-based society. The teaching and case studies will enable students to understand the relevance of IP-law for businesses, both as a means of protecting their own innovation and to be aware of liability risks, which always accompanies placing new products in the market. A thorough knowledge of the legal framework at the same time is the indispensable basis for successful contract negotiations, which will be tackled by group exercises.
Examination achievement:
Oral examination
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Intellectual Property Law (Lecture w/ Exercise)
EN
Course type:
Lecture w/ Exercise
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:

Intellectual property is an indispensable tool to foster innovation and assure protection of achievements. They are an important factor for remaining competitive in the global knowledge-based economy. The shift from corporal goods to intellectual property however has many implications for today’s businesses: they have to play the system to gain from it, have to develop new business models, acquire rights by contract and closely watch the market and competitors to avoid liability. The course accordingly is designed to provide an overview on the concept of intellectual property and the practical implications for businesses.

Students will familiarize themselves with the multi-level system of IP-protection on a worldwide (TRIPS and WIPO-Treaties), European (EU-legislation) and national level. With regard to the latter the transformation of international and European requirements into national law, German intellectual property law will be taken as an example. Participants from other jurisdictions however will be encouraged to analyse differences to the corresponding legal concepts in their home jurisdictions.

The course will cover the legal concepts of patent protection and utility models, the rules on the protection of trademarks and designations of origin, the basics of copyright law and of design protection. Where appropriate the course will also highlight certain rules under unfair competition law providing ancillary remedies for avoiding unfair exploitation of work results.

The course devotes to the co-existence of national and Community IP-rights. The advantages and disadvantages of the existing unitary Community concepts, i.e. the Community Trade Mark and the Community Design as compared to national IPRs will be discussed in the light of relevant case law.

Furthermore, the conflicting aims of freedom of competition (and in particular free movement of goods) on the one hand and strict IP-protection on the other hand will be tackled. This gives the opportunity to discuss current trends to narrow the scope of protection by means of compulsory licences, FRAND-licences and similar limitations imposed by cartel and competition law.

  • Concept of IP-law
  • The legal sources (TRIPS, WIPO-Treaties, EU-Regulations and Directives)
  • The distinct IP-rights: patent, utility model, trademark, design & copyright
  • The impact of competition law on intellectual property protection
  • Contractual exploitation of IPRs (transfer and licence agreement)
  • Enforcement of IP-rights (remedies and procedural strategies)

 

Learning target:
Learning outcomes and qualification goals:
The course is designed to provide an overview of the principles of intellectual property law and its importance in our knowledge-based society. The teaching and case studies will enable students to understand the relevance of IP-law for businesses, both as a means of protecting their own innovation and to be aware of liability risks, which always accompanies placing new products in the market. A thorough knowledge of the legal framework at the same time is the indispensable basis for successful contract negotiations, which will be tackled by group exercises.
Examination achievement:
Oral examination
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Intellectual Property Law (Lecture w/ Exercise)
EN
Course type:
Lecture w/ Exercise
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:

Intellectual property is an indispensable tool to foster innovation and assure protection of achievements. They are an important factor for remaining competitive in the global knowledge-based economy. The shift from corporal goods to intellectual property however has many implications for today’s businesses: they have to play the system to gain from it, have to develop new business models, acquire rights by contract and closely watch the market and competitors to avoid liability. The course accordingly is designed to provide an overview on the concept of intellectual property and the practical implications for businesses.

Students will familiarize themselves with the multi-level system of IP-protection on a worldwide (TRIPS and WIPO-Treaties), European (EU-legislation) and national level. With regard to the latter the transformation of international and European requirements into national law, German intellectual property law will be taken as an example. Participants from other jurisdictions however will be encouraged to analyse differences to the corresponding legal concepts in their home jurisdictions.

The course will cover the legal concepts of patent protection and utility models, the rules on the protection of trademarks and designations of origin, the basics of copyright law and of design protection. Where appropriate the course will also highlight certain rules under unfair competition law providing ancillary remedies for avoiding unfair exploitation of work results.

The course devotes to the co-existence of national and Community IP-rights. The advantages and disadvantages of the existing unitary Community concepts, i.e. the Community Trade Mark and the Community Design as compared to national IPRs will be discussed in the light of relevant case law.

Furthermore, the conflicting aims of freedom of competition (and in particular free movement of goods) on the one hand and strict IP-protection on the other hand will be tackled. This gives the opportunity to discuss current trends to narrow the scope of protection by means of compulsory licences, FRAND-licences and similar limitations imposed by cartel and competition law.

  • Concept of IP-law
  • The legal sources (TRIPS, WIPO-Treaties, EU-Regulations and Directives)
  • The distinct IP-rights: patent, utility model, trademark, design & copyright
  • The impact of competition law on intellectual property protection
  • Contractual exploitation of IPRs (transfer and licence agreement)
  • Enforcement of IP-rights (remedies and procedural strategies)

 

Learning target:
Learning outcomes and qualification goals:
The course is designed to provide an overview of the principles of intellectual property law and its importance in our knowledge-based society. The teaching and case studies will enable students to understand the relevance of IP-law for businesses, both as a means of protecting their own innovation and to be aware of liability risks, which always accompanies placing new products in the market. A thorough knowledge of the legal framework at the same time is the indispensable basis for successful contract negotiations, which will be tackled by group exercises.
Examination achievement:
Oral examination
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Business Transactions (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:

The course addresses the particularities and pitfalls of international trade transactions. It focuses on international aspects of business transactions and their legal and commercial backgrounds, and allows students to get an initial understanding of what legal advice in practical terms is like. In this context, the course will focus on legal as well as on non-legal institutions that can help solving problems of cross-border transactions. At the end of the course, students will participate in a simulated negotiation of an international contract.

  • Pitfalls of cross-border transactions
  • The role of contracts in international business
  • Legal and non-legal means of contract enforcement
  • Financing of international transactions
  • European regulations on cross-border trade
  • International Conventions related to cross-border trade
  • Transnational Law
  • Dispute resolution
  • The enforcement of court decisions and arbitral awards
  • Distribution networks
  • Regulatory issues in international business
  • Accountability in international trade

 

The course will scrutinize processes of contract drafting and highlight the institutional framework, national and international as well as legal and non-legal, of international business transactions.

Students will learn to analyse pitfalls from an interdisciplinary perspective and create sustainable solutions for cross border trade. The course will give a comprehensive overview over legal, ethical, political, economic, environmental, societal, and strategic questions of international trade. Students will acquire skills to negotiate, develop, design, finance, and implement sustainable business partnerships.

Learning target:
Learning outcomes and qualification goals:
At the conclusion of the course, students will be expected to have a comprehensive understanding of the legal issues appertaining to the trade of goods across national borders.
Examination achievement:
Oral examination
Instructor(s):
Prof. Dr. Andreas Maurer
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Humanitarian Law / The law of armed conflict (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
On-campus and online, live
Registration procedure:
International Humanitarian Law (IHL) is a body of rules that seeks to limit the effects of armed conflict. IHL protects those who are not participating in hostilities, and those who are no longer participating in hostilities. This body of law imposes limits on the methods and means of warfare. IHL forms part of public international law and is largely based on treaties and rules of customary international law. 
In this course the development as well as the basic concepts of IHL will be explored. Students will be introduced to the most important documents governing armed conflict, learn how to apply these and will consider the challenges posed to the application of IHL in armed conflicts. A large part of the course will focus on the new developments in IHL including the emergence of new forms of armed conflicts and the development and use of new technologies in armed conflict.

Assessment
Assessment for this course will consist of one writing assignment and one open book exam.
Instructor(s):
Marelie Manders
International Investment Law (Lecture)
EN
Course type:
Lecture
ECTS:
6
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Description:
This module will focus on the international law concerned with the regulation of foreign investments and the settlement of disputes between foreign investors and host States. Students will gain an overview of the evolution of international investment law and the development of legal instruments that seek to promote and protect investments abroad. By studying investment arbitration case law, students will familiarize themselves with bilateral, regional and multilateral investment treaties, their legal principles, regulatory approaches and procedural mechanisms of resolving investor-State disputes by international arbitration. Throughout the course, we will examine the problem of balancing the right to regulate in the public interest and the need for investment protection, which has become a key component of negotiations on new international investment treaties around the world. The course will cover the following topics:
✓ The Object and Purpose of International Investment Law
✓ The Sources of International Investment Law
✓ The History of International Investment Treaties and Investment Rules
✓ The Scope of Application of International Investment Treaties
✓ Substantive Standards of Investment Protection
✓ Settlement of Investor-State Disputes by International Arbitration
✓ Contemporary Issues, including European Union and International Investment Law
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Labour Law (Lecture w/ Exercise)
EN
Course type:
Lecture w/ Exercise
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:

This course offers the opportunity to take a comparative view on various employment and labor law issues that cover a wide range of subject matters. The class focuses on seven in some aspects quite similar, in others however completely different legal systems. These are: Germany, Japan, Brazil, Australia, France, Great Britain and the US. After an introduction we will pick out specific topics and compare and discuss the various approaches of these legal systems to deal with them. Among others, we will speak about:

  • Employees request to pray during working time
  • Dating Policies
  • Surveillance of employees by use of video cameras
  • Critical blogs and the employment relationship

Active participation is expected. This encompasses in particular that the students give lectures about the legal system of the country they come from and solve the cases provided in advance on the basis of this legal system.

Learning target:
Learning outcomes and qualification goals:
The goal of the class is to provide students with a strong background in international human rights particularly as they apply to global workers and employers of various forms, as well as enable a deeper understanding of questions in the field.
The goal of the class is to provide students with a strong background of the international framework, including human rights protection, particularly as they apply to global workers and employers of various forms, as well as enable a deeper understanding of questions in the field.
Examination achievement:
Oral examination
Instructor(s):
Prof. Dr. Philipp Fischinger, Berina Fischinger-Corbo
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Organizations: Structural Introduction (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
On-campus and online, live
Registration procedure:

Decades before the invention of the word “globalization”, economic activities were no longer, if ever, confined to the internal markets of States. However, the intensity of international trade and commerce at the beginning of the 21st century is quite probably unprecedented. Whether in efforts to enable, to enhance or to control international economic activities, the States of the world have grown dependent upon one another. This is reflected by cooperation at regional levels or in global contexts.

Such cooperation more and more makes use of the forums provided by international organizations, many of which are much more than mere “negotiation frameworks”, but are rather vested with legal personality and regulatory, or even adjudicative, powers.

  • Economically relevant international organizations (ILO, WTO, UN, OECD)
  • International organizations as subjects of public international law and of private law
  • Distinguishing between governmental and non-governmental organizations
  • Creation of international organizations
  • International Organizations as law-makers and standard-setters
  • Interaction of international law and domestic legal orders
  • Responsibility of international organizations under public international law
  • Legal remedies against acts of international organizations
Learning target:
Learning outcomes and qualification goals:
The course intends to provide students with the background knowledge of the law of international organizations, which they will need in pursuit of their in-depth studies of international business law.
Examination achievement:
Written examination
Instructor(s):
Dr. Mateja Steinbrück-Platise
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
International Trade Law (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:

The International Trade Law course seeks to familiarize students with the numerous legal issues that commonly arise in the context of the trade in goods and services between and among nations. In addition, the course provides students with the economic theories underlying international trade and the history of international trade. The areas of coverage during the course include the following:

  • The theory of „comparative advantage“ developed and popularized by the Eighteenth Century British economist, David Ricardo, along with subsequent critiques and modifications of this theory.
  • The beginnings of trade between nations beginning in ancient times and its expansion, development and increasing sophistication during the subsequent centuries.
  • The continuing conflict between the principles and practices of „free trade“ and those of „mercantilism,“ sometimes described as „import substitution.“
  • The development of free trade agreements („FTAs“) during the previous 300 years and the relatively recent phenomenon of „trade blocs“ and „customs unions“ involving groups of nations pursuing common economic and political objectives. Examples of these latter types of trade combinations are the European Union and the Association of Southeast Asian Nations („ASEAN“)
  • The establishment of the General Agreement on Tariffs and Trade („GATT“) after World War II and its transformation into the World Trade Organization („WTO“) in 1995.
  • The structure, operations and goals of the WTO and the various trade agreements that bind all WTO members („Multilateral Agreements“) and those agreements that only bind those nations acceding to their terms („Plurilateral Agreements“).
  • The future of the WTO and trade blocs in the Twenty-First Century.
Examination achievement:
Oral examination
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Internationales Steuerrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Attendance:
Online, live
Introduction to Public International Law (Lecture)
EN
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Instructor(s):
Raphael Oidtmann
Description:
This course provides students with an understanding of the system of public international law, regulating relations between actors on the global stage. Topics include: the nature of international law, sources of international law (including treaties, customary international law and general principles of law), participants in the international legal system (including notions of statehood, legal personality and diplomatic protection), territory and acquisition of title, state responsibility, jurisdiction and immunity, the relationship between international and domestic law, international human rights law, the (peacekeeping) operations of the United Nations including the role of the General Assembly, international dispute settlement and the role of the International Court of Justice as well as the law regulating the use of force and, correspondingly, the Security Council.
Sessions will take place on a weekly basis and consist of both lecture and discussion parts. Within the discussion part, current developments such as inter alia pending cases before the International Court of Justice and further contemporary topics will be discussed.

Introductory Reading (optional):
  • Cassese, Antonio (ed.): ‘Realizing Utopia: The Future of International Law’ (Oxford, Oxford University Press, 2012)
  • Crawford, James and Ian Brownlie: ‘Brownlie’s Principles of Public International Law’ (Oxford, Oxford University Press, 2012)
  • Hall, Stephen: ‘Principles of International Law’ (Hong Kong, LexisNexis, 2014)
  • Kaczorowska, Alina: ‘Public International Law’ (London, Routledge, 2010)
  • Lowe, Vaughan: ‘International Law’ (Oxford, Oxford University Press, 2007)
  • Tourme-Jouannet, Emmanuelle: ‘The Liberal-Welfarist Law of Nations: A History of International Law’ (Cambridge, Cambridge University Press, 2012)
Required reading materials as well as additional sources will be provided electronically.
Mode of assessment for this course will be a research paper. In addition, oral participation will contribute to the final grade awarded for this course.

Course is open for Bachelor and Master students and recommended for Bachelor and Master Political Science students. 
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Kolloquium Rechtsphilosophie (Colloquium)
DE
Course type:
Colloquium
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Recommended requirement:
Literature:
Ergänzend: Seelmann/Demko, Rechtsphilosophie, 7. Aufl. 2019; Volkmann, Rechtsphilosophie, 2018.
Description:
Im Frühjahrssemester 2021 haben wir im Rahmen des Kolloquiums begonnen „Die Metaphysik der Sitten“ von Immanuel Kant zu lesen. Im Herbstsemester soll die gemeinsame Lektüre dieses Werks fortgesetzt werden. Dabei ist es nicht erforderlich, das Kolloquium im Frühjahr besucht zu haben.

Ziel ist es, nach einer Betrachtung von Kants Staatsrecht seine Konstruktion des Völkerrechts und schließlich auch das zu erschließen, was er Weltbürgerrecht nennt.

Besondere Aufmerksamkeit gilt also der internationalen Dimension des Rechts. Nach überkommener Sichtweise bilden Staaten die „ursprünglichen“ Rechtspersonen des Völkerrechts. Ihnen kommt Souveränität zu. Damit korrespondiert das Verbot, dass ein Staat sich in die ausschließlichen inneren oder äußeren Angelegenheiten eines anderen Staates einmischt (Interventionsverbot). Seit dem Ende des Zweiten Weltkriegs und der Gründung der Vereinten Nationen hat sich das internationale Recht aber dahin entwickelt, dass die Staaten der Welt kraft Völkerrechts zur Achtung und Wahrung von Menschenrechten verpflichtet sind – und dass diese staatliche Verpflichtung mit subjektiven Rechten des Einzelmenschen korrespondiert. Die historische Entwicklung des Völkerrechts verläuft damit „vom Staat hin zum Einzelmenschen“ (menschenrechtlich gesehen gleichsam ein „top-down approach“).

Grundlegende praktische Bemühungen um eine friedliche Weltordnung nach dem Ersten Weltkrieg lehnten sich auch an die Philosophie Immanuel Kants an, für den die Schaffung eines Völkerbundes der Schlüssel zu einer vernunftrechtlichen Ordnung darstellt.

Kant gründet sein öffentliches Recht darauf, dass allen Menschen ein (gleiches) Recht auf Freiheit angeboren sei, und konstruiert von da aus nicht nur die Gründung eines Staates, sondern letztlich auch das Völkerrecht. Im Vergleich zur historischen Entwicklung verfolgt Kant also einen „bottom-up approach“.

Das Kolloquium will Kants Rechtsphilosophie in den Blick nehmen und sein „System“ des Rechts mit dem geltenden Völkerrecht kontrastieren.

Beifachstudierende des Öffentlichen Rechts können die Prüfungsleistung für ihr Wahlfach erbringen, indem sie im Anschluss an eine Kolloquiumsstunde deren Inhalt sowie den Inhalt des besprochenen Buchausschnitts zusammenfassen und in der Folgestunde kurz präsentieren.
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Law & Economics (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Online, live
Registration procedure:

The course provides an introduction to “law and economics” (also known as the “economic analysis of law”), i.e. the application of concepts and methods from economics to legal problems. It is offered in collaboration with the university’s economics department. The course starts with the foundations of microeconomic theory, welfare economics and law and economics and then covers selective topics from the three main areas of private law.

Foundations of law and economics

  • Basic positive economics: utility maximization under constraints
  • Basic welfare economics: Pareto and Kaldor/Hicks efficiency
  • Coase theorem

Property law and economics

  • Tragedy of the commons as the main rationale of property rights
  • Information problems in property rights
  • The limits of property rights: tragedy of the anticommons

Tort law

  • The objective of accident cost minimization
  • Negligence liability and strict liability
  • Unilateral and bilateral care
  • Special problems: causation, punitive damages, pure economic loss, liability for physical injury

Contract law

  • The objective of maximizing surplus
  • Default rules as a way to economize on transaction costs
  • Efficient and inefficient breach of contract
  • Penalty defaults
  • Legal remedies to adverse selection caused by asymmetric information
  • Economic analysis of standard terms and conditions
Learning target:
Learning outcomes and qualification goals:
Students obtain a sound understanding of how economic methodology can be applied to legal problems. They know to employ economic efficiency criteria as arguments for resolving legal cases. They are aware of the main theories advanced in law and economics scholarship relating to property law, tort law and contract law.
Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Erik Röder
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Legal Tech (Lecture)
DE
Course type:
Lecture
ECTS:
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Live & on-campus
Private International Law (Lecture)
EN
Course type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Credit hours 1:
2
Attendance:
Live & on-campus
Registration procedure:
Dealing with contract drafting and disputes in the context of international business transactions involves the potential applicability of domestic laws of more than one State. This lecture provides an introduction into the relevant issues of conflict of laws in cases with a foreign element, with a particular focus on the fields of contracts, corporations and torts.

This course deals with methods and rules to be applied in such “conflict of laws” scenarios (as the topic is referred to by common lawyers) in order to determine which country’s legal system governs the merits of such cases. While rules of “Private International Law” (PIL) have traditionally been mostly rules of national (domestic) law, in the field of business law, two comprehensive EU regulations have been introduced in recent years (the “Rome I” and “Rome II” Regulations), which will be at the core of the present course along with the general doctrines of PIL as codified in the German Introductory Act to the Civil Code. In doing so, reference will also be made to general ideas and principles of Private International Law in other European countries and in the United States. For the time being, questions of property law as well as the law of corporations still underlie the autonomous (national) PIL of the forum state, yet with some impact of EU case law that needs to be considered in the context of free movement of corporations within the EU.

As the student is supposed to take the perspective of a German court or of an attorney seeking the issuance of a German judgement, German PIL and its partial modification through EU case law will be discussed in class.
General principles of conflict of laws
Private International Law in contracts cases: The Rome I Regulation
The proposal for a Common European Sales Law (CESL)
Private International Law in tort cases: The Rome II Regulation
Private International Law in property matters under selected domestic laws
Law applicable to corporations and free cross-border movement of companies
Private International Law in EU courts and third-country disputes
Brief overview of the jurisdiction of courts over cross-border disputes (in particular the Brussels I Regulation)

Learning outcomes and qualification goals: Students having completed the class should not only be able to spot special and general issues such as characterization, connecting factor, preliminary question, independent attachment, adaptation and ordre public but also be equipped with a method of how to approach and how to solve (find the applicable substantive law) on a step by step basis a private international law case from the perspective of a judge or an attorney.
Learning target:
Learning outcomes and qualification goals:
Students having completed the class should not only be able to spot special and general issues such as characterization, connecting factor, preliminary question, independent attachment, adaptation and ordre public but also be equipped with a method of how to approach and how to solve (find the applicable substantive law) on a step by step basis a private international law case from the perspective of a judge or an attorney.
Examination achievement:
Oral examination
Instructor(s):
apl. Prof. Dr. Juliana Mörsdorf
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Recht der Mitbestimmung in der Vertiefung (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
Attendance:
Live & on-campus
Instructor(s):
Dr. Kerstin Reiserer
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Umwandlungssteuerrecht (Lecture)
DE
Course type:
Lecture
ECTS:
4.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
Attendance:
Online, live
Instructor(s):
Prof. Dr. Andreas Schumacher
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.
Verfassungsgeschichte (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
On-campus and online, live
Vertragsrecht und Vertragsgestaltung im Arbeitsrecht (Lecture)
DE
Course type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Credit hours 1:
2
Attendance:
On-campus and online, live
Instructor(s):
Christian Arnold
More information
1 Credit hours indicate the duration of a course which is offered weekly during one semester. One credit hour equals 45 minutes.