Law (all)

All law courses enlisted below are open for incoming exchange students who study law at their home university. As a law student you will be contacted before your arrival with detailed information regarding your course choice.

If you are a student from another school / faculty, you can choose law courses from the University Wide Elective courses list. To register for those courses please send an email to law.internationalmail-uni-mannheim.de including (very important!!) your name, surname, home university, which faculty you are visiting in Mannheim, which level of studies you currently are (bachelor/master). Please note that some of the courses have limited places available and therefore we cannot guarantee a spot. Also please make sure to pick courses that correspond to your level (bachelor courses if you are a bachelor student and master courses if you are a master student or have already finished three years of studies). For special requirements please check the descriptions for each course.

Full time University of Mannheim students are also welcome to participate.

The ECTS points in the Course Catalogue are valid for incoming students. Please refer to those when you plan your courses, not to the ECTS points in the Portal.

Search filter

Bachelor

AGB-/Verbraucherrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
1
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Jens-Uwe Franck
Date(s):
Thursday  (weekly) 11.04.2024 – 30.05.2024 10:15 – 11:45 SO 108 Hörsaal; Schloss Schneckenhof Ost
Aktienrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Carsten Schäfer
Date(s):
Thursday  (weekly) 15.02.2024 – 30.05.2024 10:15 – 11:45 EO 169 Seminarraum; Schloss Ehrenhof Ost
An Introduction to the Law and Legal System of the United States (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
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
Arbeitsrecht (Individualarbeitsrecht) mit integrierter Übung (Lecture)
DE
Lecture type:
Lecture
ECTS:
12.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
4
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Philipp Fischinger
Date(s):
Friday  (weekly) 16.02.2024 – 31.05.2024 08:30 – 11:45 W 117 Hörsaal; Schloss Westflügel
Artificial Intelligence and Private Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
Registration procedure:
 
Contents:

Artificial intelligence is developing extremely fast. The number of AI-based products, systems and solutions in all the spheres of social life is accelerating. Such systems are all around: from voice assistants, search engines and face recognition systems to recommendation systems on diagnostics, management and generative AI. The proliferation of autonomous mechanisms and algorithms threatens not only safety, but even the activities of some professionals, in particular, the profession of lawyer or a judge at some points were under discussion. 
In such context there is an acute need to consider issues connected to the legal regulation of relationships that appear in connection with the development of artificial intelligence. Some of them will be discussed in the frames of this course, which covers such topics:

•    Introduction to AI: ethical and philosophical discourse
•    Legal landscape for AI systems
•    AI and data
•    AI-generated content: intellectual property issues
•    AI and Internet of Things
•    Liability of AI
•    AI in legal practices

In this course, we first dive into ethical and philosophical discourse around AI, which predetermines approach to its legal regulation. It addresses the intersection of ethics and technology, in this case AI, the level of intervention into the regulation of technologies, compromise between establishing legal frames and leaving space for technology development.

Then we will identify what the main regulatory initiatives around AI in the European Union are, including European Strategy for Artificial Intelligence, European Parliament resolution with recommendations to the Commission on a civil liability regime for artificial intelligence, AI Liability Directive, Artificial Intelligence Act.

Since AI technologies process vast amounts of data, it is important to talk about data legal regime, peculiarities of legal regulation of personal and machine-generated data, how GDPR and Data Act as well as concept of data ownership may influence the development of AI-based systems.
A highly relevant issue currently is intellectual property rights to the objects, created by the autonomous AI-based systems. The problem of copyright, resent legislative developments and specific solutions, based on experience of the countries which recognized sui generis rights to such objects, will be discussed. 

Internet of Things and AI are closely connected both from the perspectives of data, generated in the area of IoT as well as smart decisions made by the AI for IoT. In this chapter we will look into this interconnection and talk about issues which are arising at the intersection of these phenomena.
Liability of AI nowadays is of specific interest: from self-driving cars to medical AI-based systems for treating patient. Here we will discuss current European regulation, case law and legislative experience of some countries in solving this issue. 
Last topic of this course looks into possible application of AI in legal practices. Potential discrimination scenarios and exacerbation of existing biases will be considered. 


Learning outcomes and qualification goals:

This course provides students with deeper understanding of fundamental regulatory issues that have emerged in relation to the AI-based systems as well as complexity of the regulatory and policy landscape to address the issues arising from the use of AI. Students will learn approaches to regulatory and ethical solutions for the AI-based systems.
Instructor(s):
Prof. Dr. Kateryna Nekit
Arzneimittel- und Medizinprodukterecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
1
Attendance:
Live & on-campus
Außerdeliktische Ausgleichsordnung (Lecture)
DE
Lecture type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Oliver Brand
Date(s):
Tuesday  (weekly) 13.02.2024 – 28.05.2024 10:15 – 11:45 W 117 Hörsaal; Schloss Westflügel
Bankrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Georg Bitter
Date(s):
Thursday  (weekly) 15.02.2024 – 30.05.2024 10:15 – 11:45 W 114 Seminarraum; Schloss Westflügel
Comparative Law II: The Common/Civil Law Divide (Lecture)
EN
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
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
Date(s):
Monday  (weekly) 12.02.2024 – 27.05.2024 10:15 – 11:45 W 117 Hörsaal; Schloss Westflügel
Data Protection Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
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. 

Throughout the course, there will be a focus on:

•    The fundamentals of Data Protection and Privacy Law
•    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)
•    Roles and responsibilities of data controllers, processors and (joined-) controllers
•    Roles of the European Data Protection Board (EDPB) and of the European Data Protection Supervisor (EDPS)
•    International flow of personal data (data transfer to third countries) 
•    Personal data protection and Big Data, Internet of Things (IoT), Artificial Intelligence (AI)

Exam type: essay 

Special Requirements: participation in discussions, presentation of the key topics during the course
Instructor(s):
Prof. Dr. Kateryna Nekit
Einkommensteuerrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
10.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
3
Attendance:
Live & on-campus
Recommended requirement:
Instructor(s):
Prof. Dr. Benjamin Straßburger
Date(s):
Monday  (weekly) 12.02.2024 – 27.05.2024 17:15 – 19:30 M 003 PWC Hörsaal; Schloss Mittelbau
Europäisches Wirtschaftsverfassungsrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Benjamin Straßburger
Date(s):
Monday  (weekly) 12.02.2024 – 27.05.2024 12:00 – 13:30 SO 108 Hörsaal; Schloss Schneckenhof Ost
European Infrastructure Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
2.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Learning target:
The course will deal with issues of regulatory law, thereby constituting a useful supplement to the European Competition and the European Union Law. Regulatory law aims at creating competition on (formerly) monopolistic network infrastructure markets, such as the energy  or telecommunications markets. Hence, typical subjects of regulatory law are the energy law, the telecommunications law (including issues of digitization and media), the postal law and the railway law. In Europe, these areas of law are strongly influenced by EU law.
Description:

The course will deal with issues of regulatory law, thereby constituting a useful supplement to the European Competition and the European Union Law. Regulatory law aims at creating competition on (formerly) monopolistic network infrastructure markets, such as the energy  or telecommunications markets. Hence, typical subjects of regulatory law are the energy law, the telecommunications law (including issues of digitization and media), the postal law and the railway law. In Europe, these areas of law are strongly influenced by EU law.
The course´s first part will introduce into the basics of regulatory law, including its historical roots and the concept of regulation. For this purpose, it will deal with EU competences, legal limits of regulation and will analyze typical objectives and instruments of regulatory law such as market, access and price regulation.
The course´s second part will give an introduction into specific areas of regulation, particularly analyzing the energy and telecommunications law including the regulation of virtual digital networks and media. For these purposes, the EU legislation as well as the case law of the European Court of Justice (ECJ) are presented. In preparation for the respective lessons, participants are asked to read ECJ rulings that will then be discussed during the course.

Fallstudien zu Human Resource Management in Organisationen (Exercise)
DE
Lecture type:
Exercise
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Achim Schunder
Date(s):
Monday  (fortnightly) 12.02.2024 – 27.05.2024 18:00 – 20:30 EO 165 Hörsaal; Schloss Ehrenhof Ost
Grundlagen des Wirtschaftsverwaltungsrechts (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Stefanie Egidy
Date(s):
Friday  (weekly) 16.02.2024 – 31.05.2024 10:15 – 11:45 SO 108 Hörsaal; Schloss Schneckenhof Ost
Guest Lecture: Emerging Global Corporate Governance Issues (Lecture)
EN
Lecture type:
Lecture
ECTS:
4.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
1
Attendance:
On-campus and online, live
Registration procedure:
Corporate governance is a crucial topic with growing importance particularly in an era of increasing debate over corporate purpose and economic nationalism. The course will explore several contemporary and emerging governance issues including director obligations (climate change, ESG, product safety); why some financial institutions repeatedly engage in misconduct; market capitalism compared to state-centric capitalism in the context of moral hazards; and explanations for repeated corporate scandals in Japan. The class will examine these issues in the contexts of several governance models shareholder, stakeholder, and enhanced stakeholder, as well as national models such as the U.S., German, Japanese, and Chinese governance systems thereby providing students with an understanding and knowledge of governance in different jurisdictions.

The course should be of interest to students focusing on corporate law, economics, and corporate governance models.

Students will have a choice of answering one essay out of potential four essays (students can pick any one of the four essays to answer) to be answered on the last day of class. The essay questions will be provided to the students on the first day of class.

-
-
Joel Slawotsky is a former law clerk to the Hon. Charles H. Tenney, (U.S.D.J., S.D.N.Y.) and AV peer-review rated attorney at Dentons. Joel teaches at Reichman University (IDC Herzliya) where his research focuses on international economic law, corporate law and governance, and the U.S.-China competition. Joel has taught, lectured, and presented at conferences in Asia, Europe, and both North and South America. Publication venues include the Asia Pacific Law Review (SSCI); Chinese Journal of International Law (SSCI); Journal of World Trade (SSCI) (twice); Hong Kong Law Journal (SSCI); Chinese Journal of Comparative Law (ESCI); Capital Markets Law Journal (ESCI); Tsinghua China Law Review (ESCI); Georgetown Journal of International Law (twice); Virginia Law and Business Review; Review of Banking and Financial Law; Qatar University Law Journal; Delaware Journal of Corporate Law; and U. Penn. Business Law Journal (twice).
Historische Grundlagen des Zivilrechtes (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Date(s):
Monday  (weekly) 12.02.2024 – 27.05.2024 15:30 – 17:00 001.A Hörsaal; A 3 Bibl.,Hörsaalgebäude
Insolvenz und Sanierung: Grundlagen (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Dr. Georg Streit
Date(s):
Friday  (single date) 23.02.2024 13:00 – 16:15 EO 165 Hörsaal; Schloss Ehrenhof Ost
Friday  (weekly) 01.03.2024 – 22.03.2024 13:00 – 16:15 EO 165 Hörsaal; Schloss Ehrenhof Ost
Friday  (single date) 12.04.2024 13:00 – 16:15 EO 165 Hörsaal; Schloss Ehrenhof Ost
Instrumente des Human Resource Managements (Lecture w/ Exercise)
DE
Lecture type:
Lecture w/ Exercise
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Online, live
Instructor(s):
Jeannette Staudt
Date(s):
Thursday  (single date) 22.02.2024 15:30 – 18:45 ZOOM-Lehre-035; Virtuelles Gebäude
Thursday  (single date) 29.02.2024 15:30 – 18:45 EO 145 Hörsaal (Bürgerhörsaal); Schloss Ehrenhof Ost
Friday  (single date) 01.03.2024 08:30 – 11:45 EO 145 Hörsaal (Bürgerhörsaal); Schloss Ehrenhof Ost
Thursday  (single date) 21.03.2024 15:30 – 18:45 ZOOM-Lehre-048; Virtuelles Gebäude
Thursday  (single date) 18.04.2024 15:30 – 18:45 EO 145 Hörsaal (Bürgerhörsaal); Schloss Ehrenhof Ost
Friday  (single date) 19.04.2024 08:30 – 11:45 EO 145 Hörsaal (Bürgerhörsaal); Schloss Ehrenhof Ost
Thursday  (single date) 16.05.2024 15:30 – 18:45 ZOOM-Lehre-070; Virtuelles Gebäude
International Civil and Commercial Litigation (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
On-campus and online, live
Registration procedure:
This course will examine all major aspects of cross-border litigation as the conventional and most important method of international dispute resolution between private parties. Primary emphasis is on the conduct of international litigation in EU Member States, but there will also be comparative treatment of other major jurisdictions (notably the UK and the U.S.).

After introducing the concept of international litigation and the main policy issues at stake, the course will comprehensively address the crucial procedural law questions lawyers have to deal with when bringing a cross-border civil or commercial dispute to a national court. These include: international jurisdiction (Which court is competent?), coordination between different jurisdictions (lis pendens, provisional measures), conduct of proceedings (service of documents, taking evidence abroad) as well as recognition and enforcement of foreign judgments.

Students who have completed the course will have developed a sound understanding of international procedural law that will enable them to successfully work in a litigation context, be it in the judiciary, a law firm or a legal department. The course is suited for exchange and graduate students (LL.M., M.C.B.L.) in law and related fields as well as for LL.B. students aiming to cover the relevant aspects of international procedural law required for taking the First German State Exam according to § 8 Abs. 2 Nr. 5 JAPrO.

The course will cover the following subjects:
•    Concept and practical relevance of international litigation
•    Advantages and disadvantages of international litigation
•    Sources of international procedural law
•    International jurisdiction
•    Coordination between different jurisdictions
•    Conduct of proceedings
•    Recognition and enforcement of foreign judgments

Course materials: Required reading materials will be provided or made available electronically via the university library. Introductory and further readings (optional):
•    Fentiman, Richard: International Commercial Litigation, 2nd edition, Oxford 2015, Oxford University Press
•    Hartley, Trevor C.: International Commercial Litigation, 3rd edition, Cambridge 2020, Cambridge University Press
•    Junker, Abbo: Internationales Zivilprozessrecht, 5th edition, München 2020, C. H. Beck

Assessment: Class participation and take-home-exam
Instructor(s):
Dr. Torsten Andreas Kindt
International Humanitarian Law / The law of armed conflict (Lecture)
EN
Lecture 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
Lecture type:
Lecture
ECTS:
6
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
Date(s):
Wednesday  (weekly) 17.04.2024 – 29.05.2024 17:15 – 20:30 EO 169 Seminarraum; Schloss Ehrenhof Ost
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
International Organizations: Structural Introduction (Lecture)
EN
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
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
Date(s):
Friday  (weekly) 16.02.2024 – 12.04.2024 15:30 – 18:45 W 114 Seminarraum; Schloss Westflügel
Internationales Privatrecht I (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Dr. Torsten Andreas Kindt
Date(s):
Wednesday  (weekly) 14.02.2024 – 29.05.2024 10:15 – 11:45 W 117 Hörsaal; Schloss Westflügel
Introduction to German Constitutional Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
On-campus and online, live
Registration procedure:

The course provides a general introduction to German Constitutional Law i.e. the constitution, its background and contents and methods to work with constitutional legal texts.
The German Grundgesetz (Basic Law) which up to this day forms the formal constitutional document of the Federal Republic of Germany has its roots in the allied occupation of Western Germany after World War II. It has proven to be a reliable foundation for the development of the German democratic system and the federal state. The provision of fundamental rights (Art. 1 – 19) puts the Grundgesetz in the tradition of European and North American human rights thinking. It has had an enormous impact on all German law.
Although experiencing some changes throughout the years – especially during the process of the German reunification – the general structure and main provisions of the Grundgesetz remained unchanged.
The course will cover the structure of the German Grundgesetz and its most important provisions while putting a particular focus on the first chapter containing the fundamental rights provisions. Additionally, students will learn about constitutional law in general, the federal structure and the fundamental constitutional principles of the Federal Republic and its integration in the European Union legal system as well as understand the function of the constitutional organs and the legislative process.

Contents:
•    The German legal system
•    Constitutional Law
•    The Grundgesetz and the European Union
•    Fundamental Rights
•    Fundamental Constitutional Principles
•    The Federal State
•    Constitutional organs
•    Legislative procedure
•    Public administration
•    The judicial system

Learning Target:
Students will be able to understand the basic principles and most important provisions of the Grundgesetz and solve simple cases regarding fundamental rights. They will be familiar with the structure of the federal state and its function as well as its most important constitutional, administrative and judicial organs. Students can assess by way of comparison similarities and dissimilarities in other legal systems.

Literature:
No specific textbook is required. Additional reading recommendations will be given in the lecture.

Examination:
Oral Exam

Lecturer:
Katharina Longin

Introduction to Public International Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
On-campus and online, live
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. 
Kolloquium Rechtsphilosophie (Colloquium)
DE
Lecture type:
Colloquium
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Learning target:
– eine Außenperspektive auf das Recht gewinnen;
– am Beispiel nachvollziehen, wie man über Recht „reflektieren“ kann;
– mit rechtsphilosophischen Texten arbeiten lernen: Begriffe erschließen, Argumentationen nachvollziehen, durchdringen und kritisieren können;
– Zugang zu rechtsphilosophischen Texten und Fragestellungen finden.
Recommended requirement:
Literature:
Ergänzend: Seelmann/Demko, Rechtsphilosophie, 7. Aufl. 2019; Volkmann, Rechtsphilosophie, 2018.
Date(s):
Wednesday  (fortnightly) 14.02.2024 – 29.05.2024 15:30 – 17:00 W 017 Seminarraum; Schloss Westflügel
Description:
Gegenstand des Kolloquiums sind Lektüre und Diskussion ausgewählter Texte zu Themen der Philosophie des Rechts. Zu solchen Themen gehören etwa Fragen wie „Was ist Recht?“, „In welchem Verhältnis zueinander stehen Sein und Sollen?“, „Was ist ‚gutes‘/‘richtiges‘ Recht?“, „Wie lässt sich die Verbindlichkeit von Recht begründen?“, „Gibt es ungerechtes Recht?“.
Das Kolloquium kann unterschiedlich gestaltet sein: Es kann sich der Lektüre eines einzelnen Buches widmen. Ebenso denkbar ist, dass eine Reihe von Aufsätzen oder Buchauszügen verschiedener Autoren behandelt wird.
Konzernrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
1
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Andreas Pentz
Date(s):
Wednesday  (weekly) 14.02.2024 – 29.05.2024 15:30 – 17:00 EO 169 Seminarraum; Schloss Ehrenhof Ost
Lauterkeitsrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
1
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Lea Tochtermann
Date(s):
Thursday  (weekly) 11.04.2024 – 30.05.2024 15:30 – 17:00 W 117 Hörsaal; Schloss Westflügel
Legal Tech (Lecture)
DE
Lecture type:
Lecture
ECTS:
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Online, live
Date(s):
Tuesday  (single date) 27.02.2024 17:15 – 18:45 ZOOM-Lehre-027; Virtuelles Gebäude
Thursday  (single date) 29.02.2024 17:15 – 18:45 ZOOM-Lehre-042; Virtuelles Gebäude
Medizinrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Mark Makowsky
Date(s):
Tuesday  (weekly) 13.02.2024 – 28.05.2024 12:00 – 13:30 EO 162 Seminarraum; Schloss Ehrenhof Ost
Private International Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
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:
Written examination
Date(s):
Saturday  (single date) 13.04.2024 10:45 – 17:30 W 114 Seminarraum; Schloss Westflügel
Saturday  (weekly) 20.04.2024 – 25.05.2024 15:00 – 18:00 W 114 Seminarraum; Schloss Westflügel
Privatversicherungsrecht I (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Oliver Brand
Date(s):
Thursday  (weekly) 15.02.2024 – 30.05.2024 15:30 – 17:00 EO 162 Seminarraum; Schloss Ehrenhof Ost
Schuldrecht Allgemeiner Teil (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Georg Bitter
Date(s):
Wednesday  (weekly) 14.02.2024 – 29.05.2024 10:15 – 11:45 SO 108 Hörsaal; Schloss Schneckenhof Ost
Umwandlungsrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
1
Attendance:
Live & on-campus
Instructor(s):
Dr. Hans-Christoph Ihrig
Date(s):
Wednesday  (weekly) 14.02.2024 – 10.04.2024 12:00 – 13:30 W 114 Seminarraum; Schloss Westflügel
Unternehmensnachfolge (Lecture)
DE
Lecture type:
Lecture
ECTS:
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
1
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Ralph Landsittel
Date(s):
Wednesday  (weekly) 14.02.2024 – 29.05.2024 17:15 – 18:45 W 017 Seminarraum; Schloss Westflügel
Unternehmensnachfolge (Lecture)
DE
Lecture type:
Lecture
ECTS:
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
1
Unternehmenssteuerrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Erik Röder
Date(s):
Tuesday  (weekly) 13.02.2024 – 28.05.2024 13:45 – 15:15 W 117 Hörsaal; Schloss Westflügel

Master

Advocacy Skills (Lecture)
EN
Lecture type:
Lecture
ECTS:
2.0
Course suitable for:
Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
Learning target:

This course is dedicated to the art and science of communication as a lawyer. How do you  convince a judge that your client is in the right? What can you do to really impress in a courtroom or as a speaker at a conference? How do you draft a memo so that it is easy to understand? How do you prevail in a negotiation over a multi-million Euro contract?

Date(s):
Tuesday  (single date) 13.02.2024 16:00 – 20:00 EO 169 Seminarraum; Schloss Ehrenhof Ost
Friday  (weekly) 16.02.2024 – 23.02.2024 10:00 – 14:00 W 017 Seminarraum; Schloss Westflügel
Description:

This course is dedicated to the art and science of communication as a lawyer. How do you  convince a judge that your client is in the right? What can you do to really impress in a courtroom or as a speaker at a conference? How do you draft a memo so that it is easy to understand? How do you prevail in a negotiation over a multi-million Euro contract? The answers to these questions are crucial for a successful career as a lawyer. The art of effective communication in a highly professional context requires mastery of the full range of advocacy skills taught in this course. As a first step, the course is designed to give the students a general idea of what advocacy is all about. It will then go into detail and present a set of concrete guidelines for persuasive written and oral presentations. The highly interactive course will focus on the “how” (structure and style of presentations) and conclude with a solid introduction to negotiation psychology.

  • Heuristics: How our brain ticks and makes decisions
  • The art of writing: to explain, to convince or to confuse
  • Do you have PowerPoint or something to say? – Present professionally!
  • Crisis communication
  • Finding out the truth: Open questions & active listening
  • Interrogating witnesses: their story or your story?
  • Competitive and cooperative negotiation
  • Negotiation psychology
An Introduction to the Law and Legal System of the United States (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
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
Artificial Intelligence and Private Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
Registration procedure:
 
Contents:

Artificial intelligence is developing extremely fast. The number of AI-based products, systems and solutions in all the spheres of social life is accelerating. Such systems are all around: from voice assistants, search engines and face recognition systems to recommendation systems on diagnostics, management and generative AI. The proliferation of autonomous mechanisms and algorithms threatens not only safety, but even the activities of some professionals, in particular, the profession of lawyer or a judge at some points were under discussion. 
In such context there is an acute need to consider issues connected to the legal regulation of relationships that appear in connection with the development of artificial intelligence. Some of them will be discussed in the frames of this course, which covers such topics:

•    Introduction to AI: ethical and philosophical discourse
•    Legal landscape for AI systems
•    AI and data
•    AI-generated content: intellectual property issues
•    AI and Internet of Things
•    Liability of AI
•    AI in legal practices

In this course, we first dive into ethical and philosophical discourse around AI, which predetermines approach to its legal regulation. It addresses the intersection of ethics and technology, in this case AI, the level of intervention into the regulation of technologies, compromise between establishing legal frames and leaving space for technology development.

Then we will identify what the main regulatory initiatives around AI in the European Union are, including European Strategy for Artificial Intelligence, European Parliament resolution with recommendations to the Commission on a civil liability regime for artificial intelligence, AI Liability Directive, Artificial Intelligence Act.

Since AI technologies process vast amounts of data, it is important to talk about data legal regime, peculiarities of legal regulation of personal and machine-generated data, how GDPR and Data Act as well as concept of data ownership may influence the development of AI-based systems.
A highly relevant issue currently is intellectual property rights to the objects, created by the autonomous AI-based systems. The problem of copyright, resent legislative developments and specific solutions, based on experience of the countries which recognized sui generis rights to such objects, will be discussed. 

Internet of Things and AI are closely connected both from the perspectives of data, generated in the area of IoT as well as smart decisions made by the AI for IoT. In this chapter we will look into this interconnection and talk about issues which are arising at the intersection of these phenomena.
Liability of AI nowadays is of specific interest: from self-driving cars to medical AI-based systems for treating patient. Here we will discuss current European regulation, case law and legislative experience of some countries in solving this issue. 
Last topic of this course looks into possible application of AI in legal practices. Potential discrimination scenarios and exacerbation of existing biases will be considered. 


Learning outcomes and qualification goals:

This course provides students with deeper understanding of fundamental regulatory issues that have emerged in relation to the AI-based systems as well as complexity of the regulatory and policy landscape to address the issues arising from the use of AI. Students will learn approaches to regulatory and ethical solutions for the AI-based systems.
Instructor(s):
Prof. Dr. Kateryna Nekit
Comparative Law II: The Common/Civil Law Divide (Lecture)
EN
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
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
Date(s):
Monday  (weekly) 12.02.2024 – 27.05.2024 10:15 – 11:45 W 117 Hörsaal; Schloss Westflügel
Corporate Governance II (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Hours per week:
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
Date(s):
Thursday  (weekly) 15.02.2024 – 30.05.2024 13:45 – 15:15 EO 162 Seminarraum; Schloss Ehrenhof Ost
Data Protection Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
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. 

Throughout the course, there will be a focus on:

•    The fundamentals of Data Protection and Privacy Law
•    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)
•    Roles and responsibilities of data controllers, processors and (joined-) controllers
•    Roles of the European Data Protection Board (EDPB) and of the European Data Protection Supervisor (EDPS)
•    International flow of personal data (data transfer to third countries) 
•    Personal data protection and Big Data, Internet of Things (IoT), Artificial Intelligence (AI)

Exam type: essay 

Special Requirements: participation in discussions, presentation of the key topics during the course
Instructor(s):
Prof. Dr. Kateryna Nekit
Erbschaftssteuer- und Bewertungsrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Date(s):
Friday  (weekly) 16.02.2024 – 31.05.2024 08:30 – 10:00 W 114 Seminarraum; Schloss Westflügel
Europarecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
12.0
Course suitable for:
Master
Language of instruction:
German
Hours per week:
4
Attendance:
Live & on-campus
Learning target:
- Überblick über das Recht der EU;
– Kenntnis der grundlegenden Organisationsstruktur der EU (einschließlich wichtiger Verfahren);
– Verständnis der Wirkungen des EU-Rechts sowie der Einwirkungen des EU-Rechts auf das Recht der Mitgliedstaaten;
– Überblick über ausgewählte Verfahren vor dem Gerichtshof der EU.
Date(s):
Tuesday  (weekly) 13.02.2024 – 28.05.2024 12:00 – 13:30 EO 165 Hörsaal; Schloss Ehrenhof Ost
Thursday  (weekly) 15.02.2024 – 30.05.2024 10:15 – 11:45 W 117 Hörsaal; Schloss Westflügel
Description:
a) die Europäische Union (EU) als supranationale Organisation,
b) Organe und Verfahren der EU,
c) Wirkungsweise des Primärrechts der EU,
d) Abgeleitete Rechtsakte der EU (Sekundär- und Tertiärrecht),
e) das Verhältnis von EU-Recht zum Recht der Mitgliedstaaten,
f) das Konzept des Binnenmarkts,
g) die Marktfreiheiten am Beispiel insbesondere der Warenverkehrsfreiheit,
h) ausgewählte Verfahren vor dem Gerichtshof der EU
European Infrastructure Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
2.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Learning target:
The course will deal with issues of regulatory law, thereby constituting a useful supplement to the European Competition and the European Union Law. Regulatory law aims at creating competition on (formerly) monopolistic network infrastructure markets, such as the energy  or telecommunications markets. Hence, typical subjects of regulatory law are the energy law, the telecommunications law (including issues of digitization and media), the postal law and the railway law. In Europe, these areas of law are strongly influenced by EU law.
Description:

The course will deal with issues of regulatory law, thereby constituting a useful supplement to the European Competition and the European Union Law. Regulatory law aims at creating competition on (formerly) monopolistic network infrastructure markets, such as the energy  or telecommunications markets. Hence, typical subjects of regulatory law are the energy law, the telecommunications law (including issues of digitization and media), the postal law and the railway law. In Europe, these areas of law are strongly influenced by EU law.
The course´s first part will introduce into the basics of regulatory law, including its historical roots and the concept of regulation. For this purpose, it will deal with EU competences, legal limits of regulation and will analyze typical objectives and instruments of regulatory law such as market, access and price regulation.
The course´s second part will give an introduction into specific areas of regulation, particularly analyzing the energy and telecommunications law including the regulation of virtual digital networks and media. For these purposes, the EU legislation as well as the case law of the European Court of Justice (ECJ) are presented. In preparation for the respective lessons, participants are asked to read ECJ rulings that will then be discussed during the course.

Guest Lecture: Emerging Global Corporate Governance Issues (Lecture)
EN
Lecture type:
Lecture
ECTS:
4.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
1
Attendance:
On-campus and online, live
Registration procedure:
Corporate governance is a crucial topic with growing importance particularly in an era of increasing debate over corporate purpose and economic nationalism. The course will explore several contemporary and emerging governance issues including director obligations (climate change, ESG, product safety); why some financial institutions repeatedly engage in misconduct; market capitalism compared to state-centric capitalism in the context of moral hazards; and explanations for repeated corporate scandals in Japan. The class will examine these issues in the contexts of several governance models shareholder, stakeholder, and enhanced stakeholder, as well as national models such as the U.S., German, Japanese, and Chinese governance systems thereby providing students with an understanding and knowledge of governance in different jurisdictions.

The course should be of interest to students focusing on corporate law, economics, and corporate governance models.

Students will have a choice of answering one essay out of potential four essays (students can pick any one of the four essays to answer) to be answered on the last day of class. The essay questions will be provided to the students on the first day of class.

-
-
Joel Slawotsky is a former law clerk to the Hon. Charles H. Tenney, (U.S.D.J., S.D.N.Y.) and AV peer-review rated attorney at Dentons. Joel teaches at Reichman University (IDC Herzliya) where his research focuses on international economic law, corporate law and governance, and the U.S.-China competition. Joel has taught, lectured, and presented at conferences in Asia, Europe, and both North and South America. Publication venues include the Asia Pacific Law Review (SSCI); Chinese Journal of International Law (SSCI); Journal of World Trade (SSCI) (twice); Hong Kong Law Journal (SSCI); Chinese Journal of Comparative Law (ESCI); Capital Markets Law Journal (ESCI); Tsinghua China Law Review (ESCI); Georgetown Journal of International Law (twice); Virginia Law and Business Review; Review of Banking and Financial Law; Qatar University Law Journal; Delaware Journal of Corporate Law; and U. Penn. Business Law Journal (twice).
Intellectual Property Law (Lecture w/ Exercise)
EN
Lecture type:
Lecture w/ Exercise
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Hours per week:
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
Date(s):
Friday  (weekly) 15.03.2024 – 22.03.2024 09:00 – 12:00 016 Seminarraum; A 3 Bibl.,Hörsaalgebäude
Intellectual Property Law (Lecture w/ Exercise)
EN
Lecture type:
Lecture w/ Exercise
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Hours per week:
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
Date(s):
Friday  (weekly) 12.04.2024 – 19.04.2024 09:00 – 12:00 016 Seminarraum; A 3 Bibl.,Hörsaalgebäude
Intellectual Property Law (Lecture w/ Exercise)
EN
Lecture type:
Lecture w/ Exercise
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Hours per week:
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
Date(s):
Friday  (weekly) 16.02.2024 – 23.02.2024 09:00 – 12:00 016 Seminarraum; A 3 Bibl.,Hörsaalgebäude
International Business Transactions (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
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
Date(s):
Tuesday  (weekly) 13.02.2024 – 28.05.2024 12:00 – 13:30 W 114 Seminarraum; Schloss Westflügel
International Civil and Commercial Litigation (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
On-campus and online, live
Registration procedure:
This course will examine all major aspects of cross-border litigation as the conventional and most important method of international dispute resolution between private parties. Primary emphasis is on the conduct of international litigation in EU Member States, but there will also be comparative treatment of other major jurisdictions (notably the UK and the U.S.).

After introducing the concept of international litigation and the main policy issues at stake, the course will comprehensively address the crucial procedural law questions lawyers have to deal with when bringing a cross-border civil or commercial dispute to a national court. These include: international jurisdiction (Which court is competent?), coordination between different jurisdictions (lis pendens, provisional measures), conduct of proceedings (service of documents, taking evidence abroad) as well as recognition and enforcement of foreign judgments.

Students who have completed the course will have developed a sound understanding of international procedural law that will enable them to successfully work in a litigation context, be it in the judiciary, a law firm or a legal department. The course is suited for exchange and graduate students (LL.M., M.C.B.L.) in law and related fields as well as for LL.B. students aiming to cover the relevant aspects of international procedural law required for taking the First German State Exam according to § 8 Abs. 2 Nr. 5 JAPrO.

The course will cover the following subjects:
•    Concept and practical relevance of international litigation
•    Advantages and disadvantages of international litigation
•    Sources of international procedural law
•    International jurisdiction
•    Coordination between different jurisdictions
•    Conduct of proceedings
•    Recognition and enforcement of foreign judgments

Course materials: Required reading materials will be provided or made available electronically via the university library. Introductory and further readings (optional):
•    Fentiman, Richard: International Commercial Litigation, 2nd edition, Oxford 2015, Oxford University Press
•    Hartley, Trevor C.: International Commercial Litigation, 3rd edition, Cambridge 2020, Cambridge University Press
•    Junker, Abbo: Internationales Zivilprozessrecht, 5th edition, München 2020, C. H. Beck

Assessment: Class participation and take-home-exam
Instructor(s):
Dr. Torsten Andreas Kindt
International Humanitarian Law / The law of armed conflict (Lecture)
EN
Lecture 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
Lecture type:
Lecture
ECTS:
6
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
Date(s):
Wednesday  (weekly) 17.04.2024 – 29.05.2024 17:15 – 20:30 EO 169 Seminarraum; Schloss Ehrenhof Ost
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
International Organizations: Structural Introduction (Lecture)
EN
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
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
Date(s):
Friday  (weekly) 16.02.2024 – 12.04.2024 15:30 – 18:45 W 114 Seminarraum; Schloss Westflügel
International Sale of Goods (Lecture)
EN
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
Registration procedure:

This course aims at studying the law of international sales agreements based on the United Nations Convention on Contracts for the International Sale of Goods (CISG), which entered into force in 1988 and today has almost eighty Contracting States world-wide. It is the most important uniform private law Convention in practice, covering potentially more than 80% of global trade. Since the CISG was influenced by both the common law and civil law systems of contract law, the course will furthermore focus on the basic principles of the law of contract of both systems in a comparative approach, where appropriate.

  • Scope of application of the CISG
  • Hierarchy between the CISG and national sales law provisions
  • Interpretation of the CISG and the aim of uniform application
  • Formation of contracts under the CISG
  • Obligations of the seller and the buyer
  • Remedies in case of non‐ performance
  • Damages under the CISG
  • Relationship between the CISG and other current/future uniform law instruments
Learning target:
Learning outcomes and qualification goals:
Students who have completed the course should be able to ascertain the applicability of the CISG and deal with the most common legal problems arising under international sales contracts. They should also be familiar with the structure and central rules of the CISG governing the formation of contracts and parties’ remedies in cases of breaches of contract, enabling them to advise clients about contract drafting issues and strategies in litigations or arbitrations involving CISG contracts.
Examination achievement:
Written examination
Instructor(s):
Prof. Dr. Lea Tochtermann
Date(s):
Wednesday  (weekly) 17.04.2024 – 29.05.2024 10:15 – 13:30 EO 162 Seminarraum; Schloss Ehrenhof Ost
Internationales Steuerrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Attendance:
Live & on-campus
Instructor(s):
Dr. Nils Häck
Date(s):
Wednesday  (weekly) 17.04.2024 – 29.05.2024 12:00 – 15:15 W 114 Seminarraum; Schloss Westflügel
Introduction to German Constitutional Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Attendance:
On-campus and online, live
Registration procedure:

The course provides a general introduction to German Constitutional Law i.e. the constitution, its background and contents and methods to work with constitutional legal texts.
The German Grundgesetz (Basic Law) which up to this day forms the formal constitutional document of the Federal Republic of Germany has its roots in the allied occupation of Western Germany after World War II. It has proven to be a reliable foundation for the development of the German democratic system and the federal state. The provision of fundamental rights (Art. 1 – 19) puts the Grundgesetz in the tradition of European and North American human rights thinking. It has had an enormous impact on all German law.
Although experiencing some changes throughout the years – especially during the process of the German reunification – the general structure and main provisions of the Grundgesetz remained unchanged.
The course will cover the structure of the German Grundgesetz and its most important provisions while putting a particular focus on the first chapter containing the fundamental rights provisions. Additionally, students will learn about constitutional law in general, the federal structure and the fundamental constitutional principles of the Federal Republic and its integration in the European Union legal system as well as understand the function of the constitutional organs and the legislative process.

Contents:
•    The German legal system
•    Constitutional Law
•    The Grundgesetz and the European Union
•    Fundamental Rights
•    Fundamental Constitutional Principles
•    The Federal State
•    Constitutional organs
•    Legislative procedure
•    Public administration
•    The judicial system

Learning Target:
Students will be able to understand the basic principles and most important provisions of the Grundgesetz and solve simple cases regarding fundamental rights. They will be familiar with the structure of the federal state and its function as well as its most important constitutional, administrative and judicial organs. Students can assess by way of comparison similarities and dissimilarities in other legal systems.

Literature:
No specific textbook is required. Additional reading recommendations will be given in the lecture.

Examination:
Oral Exam

Lecturer:
Katharina Longin

Introduction to Public International Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
Attendance:
On-campus and online, live
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. 
Kolloquium Rechtsphilosophie (Colloquium)
DE
Lecture type:
Colloquium
ECTS:
8.0
Course suitable for:
Bachelor, Master
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Learning target:
– eine Außenperspektive auf das Recht gewinnen;
– am Beispiel nachvollziehen, wie man über Recht „reflektieren“ kann;
– mit rechtsphilosophischen Texten arbeiten lernen: Begriffe erschließen, Argumentationen nachvollziehen, durchdringen und kritisieren können;
– Zugang zu rechtsphilosophischen Texten und Fragestellungen finden.
Recommended requirement:
Literature:
Ergänzend: Seelmann/Demko, Rechtsphilosophie, 7. Aufl. 2019; Volkmann, Rechtsphilosophie, 2018.
Date(s):
Wednesday  (fortnightly) 14.02.2024 – 29.05.2024 15:30 – 17:00 W 017 Seminarraum; Schloss Westflügel
Description:
Gegenstand des Kolloquiums sind Lektüre und Diskussion ausgewählter Texte zu Themen der Philosophie des Rechts. Zu solchen Themen gehören etwa Fragen wie „Was ist Recht?“, „In welchem Verhältnis zueinander stehen Sein und Sollen?“, „Was ist ‚gutes‘/‘richtiges‘ Recht?“, „Wie lässt sich die Verbindlichkeit von Recht begründen?“, „Gibt es ungerechtes Recht?“.
Das Kolloquium kann unterschiedlich gestaltet sein: Es kann sich der Lektüre eines einzelnen Buches widmen. Ebenso denkbar ist, dass eine Reihe von Aufsätzen oder Buchauszügen verschiedener Autoren behandelt wird.
Law & Economics (Lecture)
EN
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Master
Language of instruction:
English
Hours per week:
2
Attendance:
Live & on-campus
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
Date(s):
Thursday  (weekly) 15.02.2024 – 30.05.2024 15:30 – 17:00 EO 169 Seminarraum; Schloss Ehrenhof Ost
Legal Tech (Lecture)
DE
Lecture type:
Lecture
ECTS:
Course suitable for:
Bachelor, Master
Language of instruction:
German
Attendance:
Online, live
Date(s):
Tuesday  (single date) 27.02.2024 17:15 – 18:45 ZOOM-Lehre-027; Virtuelles Gebäude
Thursday  (single date) 29.02.2024 17:15 – 18:45 ZOOM-Lehre-042; Virtuelles Gebäude
Private International Law (Lecture)
EN
Lecture type:
Lecture
ECTS:
6.0
Course suitable for:
Bachelor, Master
Language of instruction:
English
Hours per week:
2
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:
Written examination
Date(s):
Saturday  (single date) 13.04.2024 10:45 – 17:30 W 114 Seminarraum; Schloss Westflügel
Saturday  (weekly) 20.04.2024 – 25.05.2024 15:00 – 18:00 W 114 Seminarraum; Schloss Westflügel
Umwandlungssteuerrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
4.0
Course suitable for:
Master
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Prof. Dr. Andreas Schumacher
Date(s):
Friday  (weekly) 16.02.2024 – 31.05.2024 10:15 – 11:45 W 114 Seminarraum; Schloss Westflügel
Vertragsrecht und Vertragsgestaltung im Arbeitsrecht (Lecture)
DE
Lecture type:
Lecture
ECTS:
8.0
Course suitable for:
Master
Language of instruction:
German
Hours per week:
2
Attendance:
Live & on-campus
Instructor(s):
Christian Arnold
Date(s):
Friday  (single date) 16.02.2024 13:45 – 18:45 EO 169 Seminarraum; Schloss Ehrenhof Ost
Friday  (single date) 23.02.2024 13:45 – 18:45 EO 169 Seminarraum; Schloss Ehrenhof Ost
Friday  (single date) 08.03.2024 13:45 – 18:45 EO 169 Seminarraum; Schloss Ehrenhof Ost
Friday  (single date) 22.03.2024 13:45 – 18:45 EO 169 Seminarraum; Schloss Ehrenhof Ost
Friday  (single date) 12.04.2024 13:45 – 18:45 EO 169 Seminarraum; Schloss Ehrenhof Ost
Friday  (single date) 19.04.2024 13:45 – 18:45 EO 169 Seminarraum; Schloss Ehrenhof Ost

Contact Department of Law

Dr. Elisa Berdica

Dr. Elisa Berdica (she/her)

International Coordinator at the Department of Law
University of Mannheim
Abteilung Rechtswissenschaft
Schloss Westflügel – Room W 219
68161 Mannheim
Phone: +49 621 181-1307
Fax: +49 621 181-1318
E-mail: law.internationalmail-uni-mannheim.de
Consultation hour(s):
By appointment