Jura (alle)

Vorlesung

8.0

deutsch

2

Jens-Uwe Franck

Vorlesung

8.0

deutsch

2

Carsten Schäfer

Vorlesung

12.0

deutsch

3

Friedemann Kainer

Vorlesung

6.0

deutsch

1

Vorlesung

10.0

deutsch

3

Oliver Brand

Vorlesung

8.0

deutsch

2

Dimitrios Linardatos

Vorlesung

6.0

englisch

2

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 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”.

Written examination

Oliver Brand , Miriam Buiten

Kurs

8.0

französisch

Rupert Vogel

Kurs

6.0

deutsch

F. E. Schnapp, „Stilfibel für Juristen“, Münster 2004.
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/11.
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...

Vorlesung

10.0

deutsch

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

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

 

Structure

- Definition of private law, historical development

- Structure of the BGB

- tort law

- law of obligations

- property law

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

 

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

Daniel Friedrich

Vorlesung

10.0

deutsch

3

Vorlesung

8

englisch

2

This course will provide students with the knowledge of the technological and regulatory framework applying to energy markets. It will address the relevant issues of governance and liberalization of particular markets such as electricity and gas. Furthermore, the institutional legal framework will be explored, with the main focus on the European Union and the internal energy market it seeks to create.
After presenting the regulatory framework and energy policy developments on the international and the EU level, the course will focus on competition rules, international trade in energy and energy subsidies.
The following part of the course will examine how policy incentives for climate change mitigation affect the energy sector, with the EU often used as a case example. It will cover the current developments in Climate Change Law, legal and policy matters associated with the renewable energy sector, and the role of exemplary international organizations in the creation of more sustainable energy policies.
The course will be conducted through lectures, discussions and seminars. Next to the results of the final written exam also the seminar presentation will contribute to the overall grade for this course.

Marija Turkovic Popovski

Vorlesung

8.0

englisch

2

This course will provide a thorough introduction to EU Environmental Law. It focuses on how environmental resources can be managed in a specific context using the disciplines of law and policy making. The participants will follow lectures on the principles and sources of European environmental law and will devote their time to the discussion of practical cases on selected issues in this field.
In the first part of the course the relevant primary, secondary legal framework and soft law in the EU environmental field will be presented. In the following part, special attention will be given to the specific matters such as EU-ETS, waste, and energy policy development. Finally, the international relations of the EU helping the fulfillment of the environmental protection objectives will be analyzed.
The course will be conducted through lectures, discussions and seminars. Next to the results of the final written exam also the seminar presentation will contribute to the overall grade for this course.

Marija Turkovic Popovski

Vorlesung

8.0

deutsch

2

Übung

6.0

deutsch

2

Ulrich Tödtmann , Achim Schunder

Vorlesung

8.0

englisch

2

The growth of forensic psychology as a science in the recent decades represents an evolution in profiling and crime detection. Understanding the causes and characteristics of deviant actions – commonly known as abnormal behavior – is crucial in determining diagnoses, planning intervention strategies and answering forensic referral questions.

In this course, students will acquire a broad understanding of psychopathologies related to crime. They are provided with an extensive overview of the main topics, such as criminal profiling, psychology in the criminal courts, the links to legal systems and related topics. Furthermore criminal behavior will be examined and challenges in the field will be discussed.
Moreover, special issues such as cybercrime, family violence, victimology, and police psychology will be covered.

The course is law oriented, which means the roles that forensic psychology professional could have in the court system will be explored and basic psychology knowledge will be delivered.

Literature:

• Dennis Howitt - Introduction to Forensic and Criminal Psychology, 2018, 6th Edition
• Sandie Taylor - Forensic Psychology: The basis, 2015

The course will be a block lecture but conceptualized as a seminar including group work and student presentations. Many case studies will be examined and a lot of media (videos/podcasts) will be used.

Examination type: essay paper. The final grade will be based on active participation in class, the presentation and the final paper that students have to submit.

Open to incoming bachelor law students and bachelor students from any other faculty at the University of Mannheim and full time Uni Mannheim Students.

Elisa Berdica

Vorlesung

8.0

deutsch

2

Jan Henrik Klement

Vorlesung

8.0

deutsch

2

Ulrich Falk

Vorlesung

8.0

deutsch

2

Vorlesung mit Übung

8.0

deutsch

2

Vorlesung

6.0

englisch

2

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 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.

Written examination

Hans-Joachim Cremer

Vorlesung

6.0

englisch

2

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

• The theory of „comparative advantage“ developed and popularized by the Eighteenth Century British economist, David Ricardo, along with subsequent critiques and modifications of this theory.
• The beginnings of trade between nations beginning in ancient times and its expansion, development and increasing sophistication during the subsequent centuries.
• The continuing conflict between the principles and practices of „free trade“ and those of „mercantilism,“ sometimes described as „import substitution.“
• The development of free trade agreements („FTAs“) during the previous 300 years and the relatively recent phenomenon of „trade blocs“ and „customs unions“ involving groups of nations pursuing common economic and political objectives. Examples of these latter types of trade combinations are the European Union and the Association of Southeast Asian Nations („ASEAN“)
• The establishment of the General Agreement on Tariffs and Trade („GATT“) after World War II and its transformation into the World Trade Organization („WTO“) in 1995.
• The structure, operations and goals of the WTO and the various trade agreements that bind all WTO members („Multilateral Agreements“) and those agreements that only bind those nations acceding to their terms („Plurilateral Agreements“).
• The future of the WTO and trade blocs in the Twenty-First Century.

Oral examination

Vorlesung

8.0

deutsch

2

Moritz Renner

Kolloquium

8.0

deutsch

2

Jan Henrik Klement

Vorlesung

6.0

deutsch

1

Vorlesung

6.0

deutsch

1

Lea Tochtermann

Vorlesung

8.0

deutsch

2

Jochen Taupitz

Vorlesung

6.0

englisch

2

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 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.

Oral examination

Vorlesung

8.0

deutsch

2

Oliver Brand

Seminar

8.0

englisch

What is essentially ‘international’ about international law? Is it justified to perceive contemporary international law as truly universal? Are current international law debates really global in nature? Beyond that, what has been the overall impact of Western and/or European legal thought on the development of the modern international legal order and how has it shaped our understanding of international law in the 21st century?
These are only some of the questions that will be addressed in the context of the present reading seminar. Based on Anthea Robert’s seminal monograph ‘Is International Law International’ (OUP, 2017), single sessions will deal with notions such as the role of international legal scholars and their academic background(s), the relevance (and impact) of international law textbooks for the purpose of academic education as well as general patterns of difference and dominance in international legal discourse(s).
The seminar is designed as an old-fashioned ‘reading class’ – this means: you will have to read quite a bit (at least 50 pages for each session). Classes will be held bi-weekly, which means that seminar sessions are taking place every second week while the time in between should be dedicated to reading single chapters and preparing the sessions. For your information: including appendices, the book consists of c. 400 pages!
Please be advised: this is not a beginner’s course; (basic) knowledge in general international law is indispensable. Please also note: there will be no in-depth recapitulation of core legal principles, legal terms of art, international law theories, etc. during classes.
Moreover, you are required to purchase the book at the beginning of the seminar series (this means after the first session took place and you have decided that you will participate in the seminar). While it is not possible to provide students with individual copies, we will try to arrange for preferential prices with Oxford University Press.

If you want to engage in some additional reading (which is not mandatory), you may refer to one of the following textbooks:

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)
Shaw, Malcolm, ‘International Law’ (Cambridge, Cambridge University Press, 2017)
Tourme-Jouannet, Emmanuelle, ‘The Liberal-Welfarist Law of Nations: A History of International Law’ (Cambridge, Cambridge University Press, 2012)

Further required readings as well as additional material will be provided electronically.
Mode of assessment for this course is a research paper based on the topics dealt with in the context of the seminar.
Since this is a reading class, active oral participation is strongly expected.
 

Raphael Oidtmann

Vorlesung

8.0

deutsch

2

Carsten Schäfer

Seminar

8.0

englisch

Have you ever wondered how the United Nations Security Council arrives at its (sometimes controversial) decisions? Are you interested in how decision-making procedures within the Security Council function and what role the five permanent members play in this context?

These as well as other questions will be at the core of the present seminar, which is designed as a policy simulation and consists of two phases: in a first step, students are designated the role of Security Council members (e.g. single states or other actors such as the UN Secretary General), which they will later represent in the context of the simulation (roles are distributed in the first session). While you will have to complete the research required for fulfilling your role mostly off-class, there will be at least two on-site sessions at which you can ask questions and further prepare for your role. It may be the case that you end up representing states and policies that do not reflect your personal opinion!
The second phase will then comprise a full day of simulating the work of the Security Council, based on a real UNSC Resolution (the text of which will be circulated in due course). This means: you will participate not in your capacity as a student, but as an “official” state representative (and it is strongly expected to stay in that role throughout the day!).

Further required readings as well as additional material will be provided electronically. Mode of assessment for this course is a brief report based on the experiences made within the context of the simulation. Since this is a policy simulation, active oral participation is indispensable.

Raphael Oidtmann

Vorlesung

6.0

deutsch

1

Hans-Christoph Ihrig

Vorlesung

deutsch

1

Ralph Landsittel

Vorlesung

8.0

deutsch

2

Andreas Schumacher

Vorlesung

8.0

deutsch

Nils Schaks

Vorlesung

6.0

englisch

2

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 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”.

Written examination

Oliver Brand , Miriam Buiten

Vorlesung

8.0

englisch

2

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

Kerstin Hoffmann , Alexander Morell

Kurs

8.0

französisch

Rupert Vogel

Kurs

6.0

deutsch

F. E. Schnapp, „Stilfibel für Juristen“, Münster 2004.
M. Schmuck, „Klare Sprache für Juristen“, in: Römermann/Paulus: „Schlüsselqu. für Jurastud., Examen und Beruf“, München 2003
oder M. Schmuck, „Deutsch für Juristen“, 3. Aufl. Köln 2010/11.
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...

Vorlesung

10.0

deutsch

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

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

 

Structure

- Definition of private law, historical development

- Structure of the BGB

- tort law

- law of obligations

- property law

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

 

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

Daniel Friedrich

Vorlesung

8

englisch

2

This course will provide students with the knowledge of the technological and regulatory framework applying to energy markets. It will address the relevant issues of governance and liberalization of particular markets such as electricity and gas. Furthermore, the institutional legal framework will be explored, with the main focus on the European Union and the internal energy market it seeks to create.
After presenting the regulatory framework and energy policy developments on the international and the EU level, the course will focus on competition rules, international trade in energy and energy subsidies.
The following part of the course will examine how policy incentives for climate change mitigation affect the energy sector, with the EU often used as a case example. It will cover the current developments in Climate Change Law, legal and policy matters associated with the renewable energy sector, and the role of exemplary international organizations in the creation of more sustainable energy policies.
The course will be conducted through lectures, discussions and seminars. Next to the results of the final written exam also the seminar presentation will contribute to the overall grade for this course.

Marija Turkovic Popovski

Vorlesung

8.0

deutsch

2

Detlev Piltz

Vorlesung

8.0

englisch

2

This course will provide a thorough introduction to EU Environmental Law. It focuses on how environmental resources can be managed in a specific context using the disciplines of law and policy making. The participants will follow lectures on the principles and sources of European environmental law and will devote their time to the discussion of practical cases on selected issues in this field.
In the first part of the course the relevant primary, secondary legal framework and soft law in the EU environmental field will be presented. In the following part, special attention will be given to the specific matters such as EU-ETS, waste, and energy policy development. Finally, the international relations of the EU helping the fulfillment of the environmental protection objectives will be analyzed.
The course will be conducted through lectures, discussions and seminars. Next to the results of the final written exam also the seminar presentation will contribute to the overall grade for this course.

Marija Turkovic Popovski

Vorlesung

6.0

deutsch

Friedemann Kainer

Vorlesung

12.0

deutsch

4

Vorlesung mit Übung

8.0

englisch

2

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 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.

Oral examination

Vorlesung

8.0

englisch

2

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 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.

Oral examination

Andreas Maurer

Vorlesung mit Übung

8.0

englisch

2

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

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

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

Learning outcomes and qualification goals:
The goal of the class is to provide students with a strong background in international human rights particularly as they apply to global workers and employers of various forms, as well as enable a deeper understanding of questions in the field.
The goal of the class is to provide students with a strong background of the international framework, including human rights protection, particularly as they apply to global workers and employers of various forms, as well as enable a deeper understanding of questions in the field.

Oral examination

Philipp Fischinger

Vorlesung

6.0

englisch

2

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 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.

Written examination

Hans-Joachim Cremer

Vorlesung

6.0

englisch

2

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 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.

Oral examination

Lea Tochtermann

Vorlesung

6.0

englisch

2

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

• The theory of „comparative advantage“ developed and popularized by the Eighteenth Century British economist, David Ricardo, along with subsequent critiques and modifications of this theory.
• The beginnings of trade between nations beginning in ancient times and its expansion, development and increasing sophistication during the subsequent centuries.
• The continuing conflict between the principles and practices of „free trade“ and those of „mercantilism,“ sometimes described as „import substitution.“
• The development of free trade agreements („FTAs“) during the previous 300 years and the relatively recent phenomenon of „trade blocs“ and „customs unions“ involving groups of nations pursuing common economic and political objectives. Examples of these latter types of trade combinations are the European Union and the Association of Southeast Asian Nations („ASEAN“)
• The establishment of the General Agreement on Tariffs and Trade („GATT“) after World War II and its transformation into the World Trade Organization („WTO“) in 1995.
• The structure, operations and goals of the WTO and the various trade agreements that bind all WTO members („Multilateral Agreements“) and those agreements that only bind those nations acceding to their terms („Plurilateral Agreements“).
• The future of the WTO and trade blocs in the Twenty-First Century.

Oral examination

Vorlesung

8.0

deutsch

Kolloquium

8.0

deutsch

2

Jan Henrik Klement

Vorlesung

6.0

englisch

2

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 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.

Written examination

Miriam Buiten

Vorlesung

6.0

englisch

The fast rate at which technology and business models develop requires legislators to consider if and how they should respond with new laws and regulation. For example, companies such as Uber and Airbnb disrupt the markets for taxis and hotels, posing the question whether the current regulatory framework needs to be more strictly enforced, or instead be reconsidered altogether. Online platforms such as Amazon or Expedia have raised questions with competition agencies regarding the use of „best price clauses“, which may serve consumers but also might hamper market entry by competitors. In some cases it is not even clear which regulatory framework ought to deal with the problem. For example, geographical limitations for sports subscriptions and PC games result in varying prices for EU citizens, hindering the internal market. Competition agencies could address this issue, but since fragmented copyrights could lie at the root of it, possibly a review of IP law would be preferable.

This course considers these and other legal policy issues, evaluating from a Law and Economics perspective which laws and regulation in new and evolving markets are effective and desirable.

The topics addressed in this course include the following:

 

• The economic rationale for laws and regulation
• Effects of laws and regulation on market competition
• Network effects in two-sided markets
• The challenges for competition policy, consumer protection and data protection policy of digital platforms and search engine
• Price discrimination and consumer welfare
• The balance between competition and innovation in IP law in digital markets
• Comparing regulatory tools: the example of competition law and IP law

The course aims to provide students with a sound understanding of the economic rationales for laws and regulation, as well as their economic consequences. Students are expected to join a discussion of specific policy issues in new and evolving markets, applying these economic insights. At the end of the course, students will be able to critically evaluate legal policy issues from a Law and Economics perspective.

Miriam Buiten

Vorlesung

6.0

englisch

2

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 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.

Oral examination

Seminar

8.0

englisch

What is essentially ‘international’ about international law? Is it justified to perceive contemporary international law as truly universal? Are current international law debates really global in nature? Beyond that, what has been the overall impact of Western and/or European legal thought on the development of the modern international legal order and how has it shaped our understanding of international law in the 21st century?
These are only some of the questions that will be addressed in the context of the present reading seminar. Based on Anthea Robert’s seminal monograph ‘Is International Law International’ (OUP, 2017), single sessions will deal with notions such as the role of international legal scholars and their academic background(s), the relevance (and impact) of international law textbooks for the purpose of academic education as well as general patterns of difference and dominance in international legal discourse(s).
The seminar is designed as an old-fashioned ‘reading class’ – this means: you will have to read quite a bit (at least 50 pages for each session). Classes will be held bi-weekly, which means that seminar sessions are taking place every second week while the time in between should be dedicated to reading single chapters and preparing the sessions. For your information: including appendices, the book consists of c. 400 pages!
Please be advised: this is not a beginner’s course; (basic) knowledge in general international law is indispensable. Please also note: there will be no in-depth recapitulation of core legal principles, legal terms of art, international law theories, etc. during classes.
Moreover, you are required to purchase the book at the beginning of the seminar series (this means after the first session took place and you have decided that you will participate in the seminar). While it is not possible to provide students with individual copies, we will try to arrange for preferential prices with Oxford University Press.

If you want to engage in some additional reading (which is not mandatory), you may refer to one of the following textbooks:

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)
Shaw, Malcolm, ‘International Law’ (Cambridge, Cambridge University Press, 2017)
Tourme-Jouannet, Emmanuelle, ‘The Liberal-Welfarist Law of Nations: A History of International Law’ (Cambridge, Cambridge University Press, 2012)

Further required readings as well as additional material will be provided electronically.
Mode of assessment for this course is a research paper based on the topics dealt with in the context of the seminar.
Since this is a reading class, active oral participation is strongly expected.
 

Raphael Oidtmann

Vorlesung

8.0

deutsch

2

Seminar

8.0

englisch

Have you ever wondered how the United Nations Security Council arrives at its (sometimes controversial) decisions? Are you interested in how decision-making procedures within the Security Council function and what role the five permanent members play in this context?

These as well as other questions will be at the core of the present seminar, which is designed as a policy simulation and consists of two phases: in a first step, students are designated the role of Security Council members (e.g. single states or other actors such as the UN Secretary General), which they will later represent in the context of the simulation (roles are distributed in the first session). While you will have to complete the research required for fulfilling your role mostly off-class, there will be at least two on-site sessions at which you can ask questions and further prepare for your role. It may be the case that you end up representing states and policies that do not reflect your personal opinion!
The second phase will then comprise a full day of simulating the work of the Security Council, based on a real UNSC Resolution (the text of which will be circulated in due course). This means: you will participate not in your capacity as a student, but as an “official” state representative (and it is strongly expected to stay in that role throughout the day!).

Further required readings as well as additional material will be provided electronically. Mode of assessment for this course is a brief report based on the experiences made within the context of the simulation. Since this is a policy simulation, active oral participation is indispensable.

Raphael Oidtmann

Vorlesung

8.0

deutsch

2

Vorlesung

4.0

deutsch

2

Andreas Schumacher

Vorlesung

8.0

deutsch

Nils Schaks

Vorlesung

8.0

deutsch