Bachelor
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
The class Comparative Law II – The Common/
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
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”.
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/
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
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).
Introductory Readings (optional):
- Cassese, Antonio, ‘International Criminal Law’ (Oxford, Oxford University Press, 2008)
- Cryer, Robert, ‘An Introduction to International Criminal Law and Procedure’ (Cambridge, Cambridge University Press, 2010)
- Schabas, William A., ‘The International Criminal Court: A Commentary on the Rome Statute’ (Oxford, Oxford University Press, 2010)
- Werle, Gerhard, ‘Principles of International Criminal Law’ (The Hague, Asser, 2005)
This course aims at providing students with a fundamental understanding of this increasingly important realm of public international law. Thus, in a first approach, an overview both of international criminal law’s theoretical foundation as well as its historical sources will be provided. Adjacently, focus will be given to the ad-hoc tribunals of the 1990s (such as the International Tribunal for the former Yugoslavia) and most prominently to the International Criminal Court (ICC) as the first permanent international organization addressing matters of international criminal justice.
Complementary to this institutional approach, the second part of the course will address material law aspects: Besides the abovementioned crimes as stipulated in the Rome Statute forming the International Criminal Court, attention will be given to further international crimes such as piracy or terrorism. Additionally, questions such as immunity from prosecution for heads of state or government, modes of liability, interdependencies between the national and international judicial sphere and notions of state sovereignty will be addressed throughout the course.
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.
✓ 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
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
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.
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.
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.
– 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.
Studierende im Beifach Öffentliches Recht, die das Kolloquium als Wahlfach wählen, müssen eine Prüfungsleistung erbringen, um die ECTS-Punkte für die Veranstaltung zu erwerben. Hierzu haben jede Woche bis zu zwei Studierende Gelegenheit. Gefordert ist, in einer schriftlichen Ausarbeitung die Diskussion einer vorangegangenen Sitzung des Kolloquiums zusammenzufassen und um eigene Gedanken zu ergänzen. Die Ausarbeitungen sind jeweils innerhalb einer Woche nach der Sitzung des Kolloquiums, die sie behandeln, elektronisch einzureichen in Form eines E-Mails-Anhangs an die Adressen ls06uni-mannheim.de und hjcremeruni-mannheim.de. Die Ergebnisse der Ausarbeitung sollen in der Folgestunde mündlich vorgetragen werden.
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.
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.
Master
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
- Historical background and mode of development,
- Institutional and constitutional role,
- Importance of various sources of law (legislation, administrative orders, case-law),
- Approach to anti-competitive coordination, abuse of market power, and merger control, and
- Mechanisms of public and private enforcement
Students will acquire knowledge of foreign legal systems and learn how to conduct comparative legal analysis. Students will become familiar with characteristics of EU competition law and US antitrust law. They will be encouraged to assess and discuss topics in competition law and policy, to analyse legal developments against the economic, social and institutional background of the jurisdictions in which they take place, and to defend their positions in the classroom.
The class Comparative Law II – The Common/
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
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”.
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
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/
T. Walter, „Kleine Stilkunde für Juristen“, 2. Aufl. München 2009.
W. Schneider, „Deutsch für Profis“, seit 1984 immer wieder...
Teilnehmer der Veranstaltung sollen daher lernen, wie „Paragrafenarbeitern“ in der Kommunikation mit „Normalbürgern“ eine professionelle Übersetzungsarbeit gelingt. Schritt für Schritt werden die Eigenheiten des juristischen Kanzleistils unter die Lupe genommen. Dem werden die Grundregeln und Geheimnisse verständlichen und überzeugenden Formulierens gegenüber gestellt. Schließlich setzen die Teilnehmer das vermittelte Wissen durch praktische Übung um, indem sie eigene Texte anfertigen und diese gemeinsam besprechen.
| - 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. |
| 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 |
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 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)
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.
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)
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.
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)
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.
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.
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.
Introductory Readings (optional):
- Cassese, Antonio, ‘International Criminal Law’ (Oxford, Oxford University Press, 2008)
- Cryer, Robert, ‘An Introduction to International Criminal Law and Procedure’ (Cambridge, Cambridge University Press, 2010)
- Schabas, William A., ‘The International Criminal Court: A Commentary on the Rome Statute’ (Oxford, Oxford University Press, 2010)
- Werle, Gerhard, ‘Principles of International Criminal Law’ (The Hague, Asser, 2005)
This course aims at providing students with a fundamental understanding of this increasingly important realm of public international law. Thus, in a first approach, an overview both of international criminal law’s theoretical foundation as well as its historical sources will be provided. Adjacently, focus will be given to the ad-hoc tribunals of the 1990s (such as the International Tribunal for the former Yugoslavia) and most prominently to the International Criminal Court (ICC) as the first permanent international organization addressing matters of international criminal justice.
Complementary to this institutional approach, the second part of the course will address material law aspects: Besides the abovementioned crimes as stipulated in the Rome Statute forming the International Criminal Court, attention will be given to further international crimes such as piracy or terrorism. Additionally, questions such as immunity from prosecution for heads of state or government, modes of liability, interdependencies between the national and international judicial sphere and notions of state sovereignty will be addressed throughout the course.
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.
✓ 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
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.
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.
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.
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.
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
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.
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
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.
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.
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.
– 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.
Studierende im Beifach Öffentliches Recht, die das Kolloquium als Wahlfach wählen, müssen eine Prüfungsleistung erbringen, um die ECTS-Punkte für die Veranstaltung zu erwerben. Hierzu haben jede Woche bis zu zwei Studierende Gelegenheit. Gefordert ist, in einer schriftlichen Ausarbeitung die Diskussion einer vorangegangenen Sitzung des Kolloquiums zusammenzufassen und um eigene Gedanken zu ergänzen. Die Ausarbeitungen sind jeweils innerhalb einer Woche nach der Sitzung des Kolloquiums, die sie behandeln, elektronisch einzureichen in Form eines E-Mails-Anhangs an die Adressen ls06uni-mannheim.de und hjcremeruni-mannheim.de. Die Ergebnisse der Ausarbeitung sollen in der Folgestunde mündlich vorgetragen werden.
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
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.
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)
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.
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.
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.