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Jura (englisch)

Bachelor

Adelaide Guest Lecture: International Insolvency Law (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
Registrierungs­informationen:
For more information on the course / course outline, please have a look at the M.C.B.L. Module Guide 2019-2020, which you can find at the M.C.B.L. website: https://www.jura.uni-mannheim.de/studium/master-of-comparative-business-law/mannheim-track/ (under relevant documents)
Lektor(en):
Common Foreign and Security Policy of the EU (CFSP) (Seminar, englisch)
Vorlesungs­typ:
Seminar
ECTS:
8
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:
This course will provide students with an introduction to the history, decision-making process, institutions, instruments and challenges facing the Common Foreign and Security Policy (hereafter CFSP) and the Common Security and Defense Policy (hereafter CSDP). Students will be given an overview of the history and evolution of European foreign policy and defense policy cooperation since the 1950s, including the institutional setup of CFSP and CSDP from Maastricht to Lisbon. Special attention will be given to the strengthening of CFSP and CSDP since the Treaty of Lisbon and the challenges facing the future development of CFSP and CSDP.

Upon completion of this course, the students will have acquired insight into the development and functioning of CFSP and CSDP and the major challenges facing this specific policy area. Moreover, students will be able to reflect critically their own thinking about European (and national) foreign security and defence policy from a legal perspective.

Next to the result of the final written exam, active participation (e.g. discussions, presentations, group assignments) during the course will also contribute to the overall grade.

If you would like to attend this course, please register via email: meta.geisbuesch@uni-mannheim.de and contact your coordinator in order to check whether you can choose this course. The course will take place in room W 214.
Empfohlene Voraussetzungen:
Literatur:
Background reading / preparation:

Keukeleire, S. and Delreux, T. (2013), The Foreign Policy of the European Union (Basingstoke: Palgrave)
Howorth, J. (2014), Security and Defence Policy in the European Union  (Basingstoke: Palgrave Macmillan)
Merlingen, M. (2011), EU Security Policy: What It Is, How It Works, Why It Matters (Lynne Rienner Publishers Inc)
 
Prüfungs­leistung:
Next to the result of the final written exam, active participation (e.g. discussions, presentations, group assignments) during the course will also contribute to the overall grade.
Lektor(en):
van Adelberg Meta Geisbüsch
Beschreibung:

This course will provide students with an introduction to the history, decision-making process, institutions, instruments and challenges facing the CFSP and CSDP. Students will be given an overview of the history and evolution of European foreign policy and defense policy cooperation since the 1950s, including the institutional setup of CFSP and CSDP from Maastricht to Lisbon. Special attention will be given to the strengthening of CFSP and CSDP since the Treaty of Lisbon.

The course aims at defining the scope and limitations of the CFSP and CSDP in the context of the changing security threats and challenges and changing transatlantic relations.
Comparative Law I: European Legal Traditions (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
6.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.

The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.

The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law and insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions, will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered.

Furthermore, the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second. The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
 
Prüfungs­leistung:
Written examination
Lektor(en):
Oliver Brand
Beschreibung:
Contents:
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences, are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law, insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered. Furthermore the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second.
The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
  • Aims and methods of comparative law research
  • Principle of equality of all legal orders
  • Grouping of legal families according to historic origin or structure
  • Basic concepts of contract law: party autonomy, formation of contract, performance
  • Basic concepts of business law: division of work, liability, tort law, insurance
  • Hybrids and legal transplants
Learning outcomes and qualification goals:
The course Comparative Law deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view. Further it aims at introducing students to fundamental concepts of the European Legal families, which more often than not serve as model for European harmonization. The insight will provide students with the necessary analytical background allowing them to carry out comparative legal analysis in their respective further fields of studies.
Energy law and Policy (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:
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.
Lektor(en):
Marija Turkovic Popovski
English Contract Law (Seminar, englisch)
Vorlesungs­typ:
Seminar
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Martin Jarrett
EU Fundamental Rights (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
3
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:
<p style="margin-right: 24.65pt; text-align: justify;"><span style="">The European Union (EU) possesses strong regulatory powers that deeply affect individuals within the EU Member States. Despite this, it was not until the late 1960s that the European Court of Justice started “taking rights seriously”, by acknowledging fundamental rights as general principles of the then European Economic Community law. Since then the EU institutions’ concern for fundamental rights has grown dramatically and culminated in the entry into force of the Charter of Fundamental Rights of the EU in 2009. </span></p> <p style="margin-right: 24.65pt; text-align: justify;"><span style="">The course aims to provide a comprehensive overview of the sources of fundamental rights and the mechanisms for their protection in the EU legal order. After a brief historical introduction, it will focus on the instruments in EU law that ensure the protection of fundamental rights and that provide redress for their violation by both European and domestic authorities. Particular attention will be devoted to the complex interplay between the three main sources of fundamental rights protection in Europe (namely, national constitutions, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU) and their respective courts.</span></p> <p style="margin-right: 24.65pt; text-align: justify;"><span style="">Classes include both traditional lectures and the presentation and discussion of judgments and texts assigned in advance. Students will be encouraged to actively take part in the course and to contribute to a lively and thought-provoking atmosphere.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></p> <ul> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">Historical development of the protection of fundamental rights in the EU </span></span></li> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">The role of the European Court of Justice and its interaction with national courts </span></span></li> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">The Charter of Fundamental Rights of the EU</span></span></li> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">The EU and the European Convention on Human Rights </span></span></li> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">EU fundamental rights and national fundamental rights&nbsp; </span></span></li> <li style="text-align: justify;"><em>Current issues in fundamental rights protection in Europe </em></li> </ul>
Prüfungs­leistung:
Written examination
Lektor(en):
Beschreibung:
Contents:
The  European  Union  (EU)  possesses  strong  regulatory  powers,  the  use  of  which,  directly  or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC)  law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/EU system, focusing on the role played by the CJEU, also in its dialogue with national courts; the second part addresses the internal dimension of the EU fundamental rights and focuses in particular on the origins, structure and impact of the EU Charter of Fundamental Rights. The third part addresses the external dimension of the EU human rights system, in both its European and sticto sensu international dimensions. With regard to the first aspect particular attention is paid to the Council of Europe’s human rights system and to the European Convention on Human Rights (ECHR), (e.g. also considering the imminent accession of the EU to the ECHR and its impact on both the EU and the ECHR systems). With regard to second aspect, the relations­hip between the EU fundamental rights and the International (e.g. UN) system is analyzed, particular consideration is finally given to the emerging role of the EU as a global promoter of democracy and human rights and to its possible paradoxical outcomes.

• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.

Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relations­hips with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
European Legal Thinking: Meet Savigny & his Peers (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
6.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

Continental European law strongly relies on written legal sources such as codes. Thus, theoretically, legal scholars from European nation states have similar approaches to handling the written sources when working on a concrete legal case. Still, the respective national legal tradition a lawyer first was trained in strongly influences the way she/he will interpret and apply the law to the facts of a case. To a significant extent this phenomenon can be attributed to different schools of legal thinking, which have found their way into the national codes and academic traditions. They lie between the lines of the respective sources and are often influencing unnoticedly the reasoning adopted. In order to understand these approaches of both lawmakers and lawyers it is very helpful to acquaint oneself with the thinking of those persons, which have had long-lasting influence on the formation of national law & legal thinking.

In order to grasp the context of the works of Europe’s – and Germany’s – keenest legal thinkers we have to go back to the roots and acquaint us with the more than two thousand year old tradition of ancient Roman law. Already a glance at the titles of the main works of Carl Friedrich von Savigny (1779-1861) History of Roman law in the Middle Age (1815-31) and The System of today’s Roman Law (1840-49) displays the everlasting impact on European legal tradition. Accordingly, also the course will follow a timeline, which starts in the age of classic Roman law and antique elocution – a powerful means of rhetoric –, then covers the renaissance of jurisprudence in the High Middle Ages and Early Modern Era and finishes with the capstone of this private law tradition, namely Bernhard Windscheid’s ‘Lehr­buch des Pandektenrechts’, which heavily influenced the German Civil Code. The selection of legal thinkers is either motivated by the outstanding quality of their works (cf. Cicero, Papinian, Accursius und Savigny) or their paramount influence on our understanding of law (cf. Svarez and Rabel) or a combination of both.

  • The Roman Foundations of Law: Cicero, Papinian and Tribonian
  • The Renaissance of Roman Law in the Middle ages: Accursius, Baldus and Zasius
  • The foundations of the common law: Edward Coke
  • The labyrinth of creditors: Salgado de Somoza
  • Legal concepts of the age of enlightenment: Thomasius
  • Early codification: Carl Gottlieb Svarez
  • The pandectist tradition: Friedrich von Savigny
  • The ‘Interessensjurisprudenz’: Rudolf von Jhering
  • The foundations of the German Civil Code: Bernhard Windscheid
  • From comparative to a uniform sales law: Ernst Rabel
  • Current private law methodology: Karl Larenz and Claus Canaris
Literatur:
Recommended Literature:
Peter Stein: Roman Law in European History, Cambridge University Press, UK, 1999 (translated from: Peter Stein, Römisches Recht und Europa, Fischer Verlag, Frankfurt a.M., Deutschland, 1996)
Raymond Wacks, Understanding Jurisprudence: An Introduction to Legal Theory, Oxford University Press, USA, 3rd edition 2012
Eventually, further reading will be provided via ILIAS (Mannheim Online Ressources)
Prüfungs­leistung:
Written examination
Lektor(en):
Beschreibung:
Contents:
Although continental European law strongly relies on written legal sources such as codes and thus in theory takes a similar approach, the respective legal tradition a lawyer first was trained in strongly influences the way he will interpret and apply the law to the facts of a case. To a significant extent this phenomenon can be attributed to different schools of legal thinking, which have found their way into the national codes and academic tradition. They rather lie between the lines of the respective sources and are often unknowingly behind the reasoning adopted. In order to understand these approaches of both lawmakers and lawyers it is very helpful to acquaint oneself with those persons, which have had long-lasting influence on the formation of national law & legal thinking.
In order to grasp the context of the works of Europe’s – and Germany’s – keenest legal thinkers we have to go back to the roots and acquaint us with the more than two thousand year old tradition of ancient Roman law. Already a glance at the titles of the main works of Carl Friedrich von Savigny (1779-1861) History of Roman law in the Middle Age (1815-31) and The System of today’s Roman Law (1840-49) displays the everlasting impact on European legal tradition. Accordingly, also the course will follow a timeline, which starts in the age of classic Roman law and antique elocution – a powerful means of rhetoric –, then covers the renaissance of jurisprudence in the High Middle Ages and Early Modern Era and finishes with the capstone of this private law tradition, namely Bernhard Windscheid’s ‘Lehr­buch des Pandektenrechts’, which heavily influenced the German Civil Code. The selection of legal thinkers is either motivated by their outstanding quality (cf. Cicero, Papinian, Accursius und Savigny) or their paramount influence on our understanding of law (cf. Svarez and Rabel) or a combination of both.
  • The Roman Foundations of Law: Cicero, Papinian and Tribonian
  • The Renaissance of Roman Law in the Middle ages: Accursius, Baldus and Zasius
  • The foundations of the common law: Edward Coke
  • The labyrinth of creditors: Salgado de Somoza
  • Legal concepts of the age of enlightenment: Thomasius
  • Early codification: Carl Gottlieb Svarez
  • The pandectist tradition: Friedrich von Savigny
  • The ‘Interessensjurisprudenz’: Rudolf von Jhering
  • The foundations of the German Civil Code: Bernhard Windscheid
  • From comparative to a uniform sales law: Ernst Rabel
  • Current private law methodology: Karl Larenz and Claus Canaris.
Learning outcomes and qualification goals:
The aim of the class is to illuminate the underlying structures of our legal orders by introducing a selection of renowned legal thinkers: their person and background, their main pieces of work and their methodological impact on our understanding of law. By this means methodological concepts and terms, such as the idea and structure of codification, the concept of systematic interpretation, the function of general clauses and – most importantly – the general notion of comparative law can be discussed and will contribute to the general understanding of comparative legal methodology.
Forensic Psychology in Legal Contexts (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:
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.
Lektor(en):
Elisa Berdica
International Investment Law (Seminar, englisch)
Vorlesungs­typ:
Seminar
ECTS:
10
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Martin Jarrett
International Law and International Relations (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Raphael Oidtmann
International Relations Law of the European Union (Vorlesung mit Übung, englisch)
Vorlesungs­typ:
Vorlesung mit Übung
ECTS:
8
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lernziel:
Learning outcomes and qualification goals:
Students shall acquire necessary knowledge on the legal foundations of the EU’s foreign policy and its practical implications, on conferred competences on the EU to act in an international domain and on its role in creation of international legal order.
The course will be conducted through lectures, discussions, and seminars which will allow students to work in small groups on legal cases from practice. Next to the results of the final written exam, active participation during the lectures and seminars will also contribute to the overall grade for this course.   
Literatur:
Required reading materials as well as additional sources will be provided electronically or during the lectures.
Lektor(en):
Marija Turkovic Popovski
Beschreibung:
Contents:
The course aims at familiarizing students with the objectives and role of the EU institutions and its Member States in their external relations, also with the practice and case law from the European Court of Justice (ECJ) and academic literature in this field.
Throughout the course there will be a focus on:
Treaty foundations for external relations and external policies
International foundations: life cycle of an international agreement and the EU’s membership in international organizations
Common Commercial Policy: legal scope, judicial review of measures, relation with the World Trade Organization
Common Foreign and Security Policy
Energy policy
Sanctions Policy
Non-EU perspectives on the European integration and its international cooperation
Introduction to German Private Law (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
10.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.

An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘law book for citizens’ - today including consumers - whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications.

However, both general private law, and commercial law are enforced by the same rules of civil procedure. The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers. Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from the European Union (EU), and the accepted methods of interpretation.

  • Introduction to German Private Law
  •  The division between public law, general private law and commercial law
  •  The German Civil Code
  •  Influence from the EU
  •  Basic concepts and means of interpretation
  •  Function and Content of the General Part
  •  Law of obligations (contracts, torts, and unjust enrichment)
  •  Property Law
  •  Law of succession and company law (including partnerships and corporations)
  • The system of law enforcement
Prüfungs­leistung:
Written examination
Lektor(en):
Beschreibung:
Contents:
The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.

An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘lawbook for citizens – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure.

The German Civil Code is of paramount importance for understanding German law as its concept and system  has  impressed  the  legal  thinking  of  generations  of  German  lawyers.  Students  will  be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from other jurisdictions, and the accepted methods of interpretation. The role of the judiciary for the further development of private law will be highlighted by analyzing leading cases of the Federal Court of Justice and the upper courts.

•    Introduction to German Private Law
•    The division between general private law and commercial law
•    The German Civil Code
•    Influence from other jurisdictions
•    Basic concepts and means of interpretation
•    Function and Content of the General Part
•    Law of obligations (contracts, torts, and unjust enrichment)
•    Property Law
•    Law of succession and company law (including partnerships and corporations)
•    The system of law enforcement

Learning outcomes and qualification goals:
Students will be acquainted with the overall structure of German private law and the German Civil Code as its main source. They will acquire the necessary skills to find the respective legal sources, do research on academic writing and case law and analyze whether a specific intended business action appears admissible or may imply legal risks.

Students are encouraged to make reference, by way of comparison, to the law of their own country in the class.
Public International Law (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Raphael Oidtmann
Beschreibung:
This course provides students with an understanding of the system of public international law, regulating relations between actors on the global stage. Topics include: the nature of international law, sources of international law (including treaties, customary international law and general principles of law), participants in the international legal system (including notions of statehood, legal personality and diplomatic protection), territory and acquisition of title, state responsibility, jurisdiction and immunity, the relations­hip between international and domestic law, international human rights law, the (peacekeeping) operations of the United Nations including the role of the General Assembly, international dispute settlement and the role of the International Court of Justice as well as the law regulating the use of force and, correspondingly, the Security Council.
Sessions will take place on a weekly basis and consist of both lecture and discussion parts. Within the discussion part, current developments such as inter alia pending cases before the International Court of Justice and further contemporary topics will be discussed.

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

Course is open for Bachelor and Master students and recommended for Bachelor and Master Political Science students. 

Master

Adelaide Guest Lecture: International Insolvency Law (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
Registrierungs­informationen:
For more information on the course / course outline, please have a look at the M.C.B.L. Module Guide 2019-2020, which you can find at the M.C.B.L. website: https://www.jura.uni-mannheim.de/studium/master-of-comparative-business-law/mannheim-track/ (under relevant documents)
Lektor(en):
Common Foreign and Security Policy of the EU (CFSP) (Seminar, englisch)
Vorlesungs­typ:
Seminar
ECTS:
8
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:
This course will provide students with an introduction to the history, decision-making process, institutions, instruments and challenges facing the Common Foreign and Security Policy (hereafter CFSP) and the Common Security and Defense Policy (hereafter CSDP). Students will be given an overview of the history and evolution of European foreign policy and defense policy cooperation since the 1950s, including the institutional setup of CFSP and CSDP from Maastricht to Lisbon. Special attention will be given to the strengthening of CFSP and CSDP since the Treaty of Lisbon and the challenges facing the future development of CFSP and CSDP.

Upon completion of this course, the students will have acquired insight into the development and functioning of CFSP and CSDP and the major challenges facing this specific policy area. Moreover, students will be able to reflect critically their own thinking about European (and national) foreign security and defence policy from a legal perspective.

Next to the result of the final written exam, active participation (e.g. discussions, presentations, group assignments) during the course will also contribute to the overall grade.

If you would like to attend this course, please register via email: meta.geisbuesch@uni-mannheim.de and contact your coordinator in order to check whether you can choose this course. The course will take place in room W 214.
Empfohlene Voraussetzungen:
Literatur:
Background reading / preparation:

Keukeleire, S. and Delreux, T. (2013), The Foreign Policy of the European Union (Basingstoke: Palgrave)
Howorth, J. (2014), Security and Defence Policy in the European Union  (Basingstoke: Palgrave Macmillan)
Merlingen, M. (2011), EU Security Policy: What It Is, How It Works, Why It Matters (Lynne Rienner Publishers Inc)
 
Prüfungs­leistung:
Next to the result of the final written exam, active participation (e.g. discussions, presentations, group assignments) during the course will also contribute to the overall grade.
Lektor(en):
van Adelberg Meta Geisbüsch
Beschreibung:

This course will provide students with an introduction to the history, decision-making process, institutions, instruments and challenges facing the CFSP and CSDP. Students will be given an overview of the history and evolution of European foreign policy and defense policy cooperation since the 1950s, including the institutional setup of CFSP and CSDP from Maastricht to Lisbon. Special attention will be given to the strengthening of CFSP and CSDP since the Treaty of Lisbon.

The course aims at defining the scope and limitations of the CFSP and CSDP in the context of the changing security threats and challenges and changing transatlantic relations.
Comparative Law I: European Legal Traditions (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
6.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.

The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.

The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law and insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions, will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered.

Furthermore, the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second. The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
 
Prüfungs­leistung:
Written examination
Lektor(en):
Oliver Brand
Beschreibung:
Contents:
This class makes the nature of Comparative Law as well as its functions and aims accessible to students from different legal backgrounds. As studying even one legal system fully is difficult and time-consuming, the course must necessarily take a selective approach to comparative law and to the multitude of legal systems in the world. The class Comparative Law I therefore will focus on European Legal Traditions, whose similarities and differences, are an important driver of European harmonization. Matching the overall aim of this module the course will focus on private law and business law aspects of comparative law.
The course has three main components. The first part will cover the origins and utility of comparative law, its aims, tools and methods. This part will particularly focus on the legal orders, which the participants of the class are most familiar with.
The main second part of the course will look at common features of generally accepted concepts of both contract law and of building bricks necessary for any business law, such as division of work, liability, tort law, insurance. The different possible solutions for these problems, which appear in different forms in many jurisdictions will be presented, followed by an analysis of how they are governed by legal orders belonging to different legal families. Lines of influence and hybrids will similarly be covered. Furthermore the course will give comparative legal insights to laws in transition as well as legal transplants. Whereas former socialist European countries may serve as an example for the first, the adoption of economic concepts in contract law (such as merchandising and franchising from the US in Europe and the respective related problems of integration into European Union law) are paradigmatic for the second.
The third part of the course will cover a comparison of legal education and profession (e.g. role of the judiciary), a critical matter for proper delivery of legal services to foreign clients and working effectively with international law partners.
  • Aims and methods of comparative law research
  • Principle of equality of all legal orders
  • Grouping of legal families according to historic origin or structure
  • Basic concepts of contract law: party autonomy, formation of contract, performance
  • Basic concepts of business law: division of work, liability, tort law, insurance
  • Hybrids and legal transplants
Learning outcomes and qualification goals:
The course Comparative Law deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view. Further it aims at introducing students to fundamental concepts of the European Legal families, which more often than not serve as model for European harmonization. The insight will provide students with the necessary analytical background allowing them to carry out comparative legal analysis in their respective further fields of studies.
Cross Border Litigation & Arbitration (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
6.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

Parties to international disputes tend to strive for litigation in their home countries. This is primarily attributable to the parties’ and their representatives’ familiarity with the system and language. This tendency can even be observed in cases where an informed choice would prove a foreign venue to be more favourable, be it for procedural reasons (e.g. evidence, costs of litigation) or matters of substance (applicable law, ordre public, mandatory rules of the forum, scope of private autonomy).

The opposite effect can be observed with regard to arbitration. Arbitration often is chosen by parties in the belief that it is a superior means of dispute resolution, e.g. because it is said to be time- and cost-efficient, neutral, arbitrators ensure high legal quality and superior understanding of business contexts. In fact arbitration can be a very reasonable means of solving legal disputes. But whether state courts must be shy of the comparison will depend on the arbitration rules and venue chosen and the subject matter or the dispute.

The course consists of two parts: The first focuses on cross border litigation before state courts, the second will provide an overview on arbitration law.

  • Introduction: Impact of the forum on the dispute (lex fori and lex causae)
  • International Jurisdiction of state courts (Brussels I Regulation)
  • Provisional measures and procedural strategy
  • Access to evidence in cross-border litigation
  • Recognition and enforcement of foreign judgments (Brussels I Regulation)
  • Advantages and Disadvantages of Arbitration
  • Drafting arbitration agreements
  • Introduction of common arbitration rules (ICC, LCIA, Swiss Rules, DIS)
  • Conduct of arbitration proceedings
  • Enforcing arbitration awards and the New York Convention
Prüfungs­leistung:
Written examination
Lektor(en):
Lea Tochtermann
Beschreibung:
Contents:
Parties to international disputes tend to strive for litigation in their home countries. This is primarily attributable to the parties’ and their representatives’ familiarity with the system and language. This tendency can even be observed in cases where an informed choice would prove a foreign venue to be more favourable, be it for procedural reasons (e.g. evidence, costs of litigation) or matters of substance (applicable law, ordre public, mandatory rules of the forum, scope of private autonomy).
The opposite effect can be observed with regard to arbitration. Arbitration often is chosen by parties in the belief that it is a superior means of dispute resolution, e.g. because it is said to be time- and cost-efficient, neutral, arbitrators ensure high legal quality and superior understanding of business contexts. In fact arbitration can be a very reasonable means of solving legal disputes. But whether state courts must be shy of the comparison will depend on the arbitration rules and venue chosen and the subject matter or the dispute.
The course consists of two parts: The first focuses on cross border litigation before state courts, the second will provide an overview on arbitration law
  • Introduction: Impact of the forum on the dispute (lex fori and lex causae)
  • International Jurisdiction of state courts (Brussels I Regulation)
  • Provisional measures and procedural strategy
  • Access to evidence in cross-border litigation
  • Recognition and enforcement of foreign judgments (Brussels I Regulation)
  • Advantages and Disadvantages of Arbitration
  • Drafting arbitration agreements
  • Introduction of common arbitration rules (ICC, LCIA, Swiss Rules, DIS)
  • Conduct of arbitration proceedings
  • Enforcing arbitration awards and the New York Convention
Learning outcomes and qualification goals:
European harmonization and the common internal market have led to a significant increase of transnational legal disputes. These pose significant challenges to both judges and lawyers trained in a single national legal system. A common reaction to these threat is to avoid foreign litigation and if possible to institute proceedings before the home venue.

As an alternative many disputes concerning international business transactions are subjected to arbitration. The course intends to provide an overview on state court and arbitration as alternative means to resolve disputes and familiarize the students with their respective advantages and disadvantages, which are indispensable for an informed choice.
E-Commerce & Internet (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

The course gives a thorough introduction to the legal problems, which may occur in the course of the use of the internet in general and e-commerce in particular. It is focused on the view of business related activities. Based on an introduction to the infrastructure of the internet the course will analyse the major legal issues of five economically relevant sections :

  • E-Commerce & Private Law
  • Advertising for e-commerce
  • Online shops and copyright law
  • Domains
  • Cross border e-commerce

The chapter on E-Commerce & Private Law will inter alia cover formation of contract, standard terms and conditions, consumer protection and specific problems connected to internet auctions and mobile commerce.

Advertising for e-commerce will take a look at rules of unfair competition, required imprint information, the ban on spamming, specific requirements for sales of pharmaceutical products via the internet and, of course, on ad-words. Further the liability under tele media law, for hyperlinks, hotspot operators and for user generated content will be an important issue.

The section on copyright law and online shops will focus on copyright restrictions for the presentation of content (including file sharing and streaming) and will take a look on the protection of content and websites.

The section on domains will explain the domain name system and its implications on trademark law and unfair competition law. It will also look at the possibilities to protect a domain as trademark. Finally and the legal consequences of infringement will be covered.

Prüfungs­leistung:
Written examination
Lektor(en):
Markus Köhler
Beschreibung:
Contents:
The course gives a thorough introduction to the legal problems, which may occur in the course of the use of the internet in general and e-commerce in particular. It is focused on the view of business related activities. Based on an introduction to the infrastructure of the internet the course will analyze the major legal issues of five economically relevant sections :

• E-Commerce & Private Law
• Advertising for e-commerce
• Online shops and copyright law
• Domains
• Cross border e-commerce

The chapter on E-Commerce & Private Law will inter alia cover formation of contract, , standard terms and conditions, consumer protection and specific problems connected to internet auctions.

Advertising for e-commerce will take a look at rules of unfair competition, required imprint information, the ban on spaming, specific requirements for sales of pharmaceutical products via the internet and, of course, on ad-words. Further the liability under telemedia law, for hyperlinks and for user generated content will be an important issue.

The section on copyright law and online shops will focus on copyright restrictions for the presentation of content (including filesharing and p2p- markets) and will take a look on the protection of content and websites.

The section on domains will explain the technical basics, the structure of an URL and the system of allocation of Second-Level-Domains. It will focus on trademark law and unfair competition law restrictions to use a domain. It will also look at the possibilities to protect a domain as trademark. Finally the and legal consequences of infringement will be covered.

Learning outcomes and qualification goals:
The students are instructed to apply their knowledge of structures and rules to the field of e- commerce. They will be acquainted with the general legal rules and regulations for e-commerce. Most important they will learn how the general rules have to be adapted to suit this virtual environment. Leading cases will be discussed and demonstrate how the courts have adjusted the legal regime, overcome some uncertainties and filled the gaps. Students shall be enabled to audit the requirements for e-commerce projects and to solve legal problems which have resulted in the course of e-business. The class will learn argumentation and procedural strategies of legal challenge and defense in e-commerce cases. Students are invited to draft general terms of business, website imprints and cancellation policies in study groups.
Interdisciplinary Competition and Regulation Seminar (Seminar, englisch)
Vorlesungs­typ:
Seminar
ECTS:
5.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Volker Nocke , Jens-Uwe Franck
Energy law and Policy (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:
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.
Lektor(en):
Marija Turkovic Popovski
English Contract Law (Seminar, englisch)
Vorlesungs­typ:
Seminar
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Martin Jarrett
EU Fundamental Rights (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
3
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:
<p style="margin-right: 24.65pt; text-align: justify;"><span style="">The European Union (EU) possesses strong regulatory powers that deeply affect individuals within the EU Member States. Despite this, it was not until the late 1960s that the European Court of Justice started “taking rights seriously”, by acknowledging fundamental rights as general principles of the then European Economic Community law. Since then the EU institutions’ concern for fundamental rights has grown dramatically and culminated in the entry into force of the Charter of Fundamental Rights of the EU in 2009. </span></p> <p style="margin-right: 24.65pt; text-align: justify;"><span style="">The course aims to provide a comprehensive overview of the sources of fundamental rights and the mechanisms for their protection in the EU legal order. After a brief historical introduction, it will focus on the instruments in EU law that ensure the protection of fundamental rights and that provide redress for their violation by both European and domestic authorities. Particular attention will be devoted to the complex interplay between the three main sources of fundamental rights protection in Europe (namely, national constitutions, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU) and their respective courts.</span></p> <p style="margin-right: 24.65pt; text-align: justify;"><span style="">Classes include both traditional lectures and the presentation and discussion of judgments and texts assigned in advance. Students will be encouraged to actively take part in the course and to contribute to a lively and thought-provoking atmosphere.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </span></p> <ul> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">Historical development of the protection of fundamental rights in the EU </span></span></li> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">The role of the European Court of Justice and its interaction with national courts </span></span></li> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">The Charter of Fundamental Rights of the EU</span></span></li> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">The EU and the European Convention on Human Rights </span></span></li> <li style="text-align: justify;"><span style=""><span lang="EN-US" style="color: black;">EU fundamental rights and national fundamental rights&nbsp; </span></span></li> <li style="text-align: justify;"><em>Current issues in fundamental rights protection in Europe </em></li> </ul>
Prüfungs­leistung:
Written examination
Lektor(en):
Beschreibung:
Contents:
The  European  Union  (EU)  possesses  strong  regulatory  powers,  the  use  of  which,  directly  or indirectly, affects private subjects within the EU Member States. Nevertheless, not until the late 1960’s did the European Court of Justice (CJEU) acknowledge fundamental rights to be general principles of the then European Economic Community (EEC)  law. And not until 2009 did a Charter of Fundamental Rights enter into force, which ranks equal to the Treaty on European Union and the Treaty on the Functioning of the European Union.
The course aims to give an introduction to the sources and standards of human rights protection within the EU legal framework. Through the analysis of EU hard and soft law instruments, CJEU and member states’ case law, and doctrinal contributions the course will analyze the EU fundamental rights system in both its legal and political dimensions.
The course structure is threefold: the first part aims to introduce students to the genesis of fundamental rights law within the ECC/EU system, focusing on the role played by the CJEU, also in its dialogue with national courts; the second part addresses the internal dimension of the EU fundamental rights and focuses in particular on the origins, structure and impact of the EU Charter of Fundamental Rights. The third part addresses the external dimension of the EU human rights system, in both its European and sticto sensu international dimensions. With regard to the first aspect particular attention is paid to the Council of Europe’s human rights system and to the European Convention on Human Rights (ECHR), (e.g. also considering the imminent accession of the EU to the ECHR and its impact on both the EU and the ECHR systems). With regard to second aspect, the relations­hip between the EU fundamental rights and the International (e.g. UN) system is analyzed, particular consideration is finally given to the emerging role of the EU as a global promoter of democracy and human rights and to its possible paradoxical outcomes.

• Development of the protection of fundamental rights in the history of European integration;
• The role of the CJEU and its interaction with national courts;
• Legal sources of fundamental rights guaranteed by EU-law and their interpretation;
• The EU Charter of Fundamental Rights: adoption, structure and impact;
• EU fundamental rights and the European Convention on Human Rights;
• EU fundamental rights in the larger Public International Law contexts;
• EU as a global actor: promoting democracy and human rights on a global scale;
• The future of fundamental rights in the EU: main challenges.

Learning outcomes and qualification goals:
The course intends to provide students with a deeper understanding of both the EU system of fundamental rights protection and its relations­hips with the national and international human rights systems.
Students will learn to solve and critically assess legal problems, developing analytical and practical skills, while acquiring relevant knowledge in the human rights area.
European Competition Law (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
6.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

Over the past 40 years, the rules on Competition Law (Antitrust) in the EU have developed into a substantial body of law. They constitute directly applicable rules for enterprises, and as such they are of immediate concern to them. Contracts in violation of the rules are unenforceable and huge fines are imposed in case of infringements while parties that suffered damages may litigate before a national civil court.

This course offers an introduction to main areas of EU competition law illustrated by practical examples which in part reflect the lecturer’s own experience as an eminent German antitrust practitioner. Core elements of EU competition law treated include the concepts of horizontal and vertical restraints of competition, the importance of market definitions and the various techniques used therefore, the role of market power for Articles 101 and 102 TFEU (and implementing regulations and guidelines) and the basic outlines of European merger control.

It is the aim of the course to provide the participants with a solid basis for the practice of competition law. The course will cover the main features of the EU rules both from a substantive and a procedural perspective, including the relations­hip between EU and national competition law as well as the economic principles and procedures concerning merger control.

Prüfungs­leistung:
Written examination
Lektor(en):
Albrecht Bach
Beschreibung:
Contents:
Over the past 40 years, the rules on Competition Law (Antitrust) in the EU have developed into a substantial body of law. They constitute directly applicable rules for enterprises, and as such they are of immediate concern to them. Contracts in violation of the rules are unenforceable and huge fines are imposed in case of infringements while parties that suffered damages may litigate before a national civil court.
This course offers an introduction to main areas of EU competition law illustrated by practical examples which in part reflect the lecturer’s own experience as an eminent German antitrust practitioner. Core elements of EU competition law treated include the concepts of horizontal and vertical restraints of competition, the importance of market definitions and the various techniques used therefore, the role of market power for Articles 101 and 102 TFEU (and implementing regulations and guidelines) and the basic outlines of merger control (articles 107-109 TFEU).
It is the aim of the course to provide the participants with a solid basis for the practice of competition law. The course will cover the main features of the EU rules both from a substantive and a procedural perspective, including government induced distortions of competition, the relations­hip between EU and national competition law, the economic principles and procedures concerning merger control, and the rules on state aid.
  • The fight against cartels
  • Abuse of dominance
  • Investigating and sanctioning cartels
  • Merger control
  • State aid control
Learning outcomes and qualification goals:
Students will be required to understand the specific economic approach to the application of competition law favoured by the EU Commission. They will become familiar with original decisions by the EU Commission and the European Courts dealing with competition aspects. The course aims to allow a basic understanding of how competition law affects business decisions. The students will be required to draw comparisons between the system of EU competition law and their own national competition law. To the extent possible the students will be invited to contribute skills developed in neighbouring subjects such as economics and institutional law of the European communities.
European Infrastructure Law (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
3.0
Kurs geeignet für:
Kurssprache:
englisch
Lernziel:
The objective of the course is to impart a basic understanding of infrastructure regulation under European Law as well as to provide a deeper insight into the characteristics of the sectors energy, telecommunications and media. In this context, the course aims to create awareness for the relevant issues that imply the need for regulation.
Lektor(en):
Ralf Müller-Terpitz
Beschreibung:
The course imparts as a first step basic ideas and structures of European Infrastructure Law (inter alia common objectives of regulation, economic foundations, overview of the European legal framework) in order to provide a basis of understanding. As a second step, it takes a closer look at sector specific regulation involving e.g. the energy sector, the telecommunications sector and the media sector. With regard to the telecommunications sector the course addresses in particular market, access and price regulation as well as current issues such as the aim of a Digital Agenda for Europe. The consideration of the energy sector covers the EU energy policy including the goal of climate protection and discusses institutional power structures as well as legal issues of network access, network charges and unbundling. The characteristics of the media sector to be addressed include the differentiation between media types with regard to regulation in the light of convergence of media due to digitalisation. The course discusses the media related legislation and jurisdiction in particular under consideration of the field of tension between media as economic asset and cultural asset.
European Legal Thinking: Meet Savigny & his Peers (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
6.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

Continental European law strongly relies on written legal sources such as codes. Thus, theoretically, legal scholars from European nation states have similar approaches to handling the written sources when working on a concrete legal case. Still, the respective national legal tradition a lawyer first was trained in strongly influences the way she/he will interpret and apply the law to the facts of a case. To a significant extent this phenomenon can be attributed to different schools of legal thinking, which have found their way into the national codes and academic traditions. They lie between the lines of the respective sources and are often influencing unnoticedly the reasoning adopted. In order to understand these approaches of both lawmakers and lawyers it is very helpful to acquaint oneself with the thinking of those persons, which have had long-lasting influence on the formation of national law & legal thinking.

In order to grasp the context of the works of Europe’s – and Germany’s – keenest legal thinkers we have to go back to the roots and acquaint us with the more than two thousand year old tradition of ancient Roman law. Already a glance at the titles of the main works of Carl Friedrich von Savigny (1779-1861) History of Roman law in the Middle Age (1815-31) and The System of today’s Roman Law (1840-49) displays the everlasting impact on European legal tradition. Accordingly, also the course will follow a timeline, which starts in the age of classic Roman law and antique elocution – a powerful means of rhetoric –, then covers the renaissance of jurisprudence in the High Middle Ages and Early Modern Era and finishes with the capstone of this private law tradition, namely Bernhard Windscheid’s ‘Lehr­buch des Pandektenrechts’, which heavily influenced the German Civil Code. The selection of legal thinkers is either motivated by the outstanding quality of their works (cf. Cicero, Papinian, Accursius und Savigny) or their paramount influence on our understanding of law (cf. Svarez and Rabel) or a combination of both.

  • The Roman Foundations of Law: Cicero, Papinian and Tribonian
  • The Renaissance of Roman Law in the Middle ages: Accursius, Baldus and Zasius
  • The foundations of the common law: Edward Coke
  • The labyrinth of creditors: Salgado de Somoza
  • Legal concepts of the age of enlightenment: Thomasius
  • Early codification: Carl Gottlieb Svarez
  • The pandectist tradition: Friedrich von Savigny
  • The ‘Interessensjurisprudenz’: Rudolf von Jhering
  • The foundations of the German Civil Code: Bernhard Windscheid
  • From comparative to a uniform sales law: Ernst Rabel
  • Current private law methodology: Karl Larenz and Claus Canaris
Literatur:
Recommended Literature:
Peter Stein: Roman Law in European History, Cambridge University Press, UK, 1999 (translated from: Peter Stein, Römisches Recht und Europa, Fischer Verlag, Frankfurt a.M., Deutschland, 1996)
Raymond Wacks, Understanding Jurisprudence: An Introduction to Legal Theory, Oxford University Press, USA, 3rd edition 2012
Eventually, further reading will be provided via ILIAS (Mannheim Online Ressources)
Prüfungs­leistung:
Written examination
Lektor(en):
Beschreibung:
Contents:
Although continental European law strongly relies on written legal sources such as codes and thus in theory takes a similar approach, the respective legal tradition a lawyer first was trained in strongly influences the way he will interpret and apply the law to the facts of a case. To a significant extent this phenomenon can be attributed to different schools of legal thinking, which have found their way into the national codes and academic tradition. They rather lie between the lines of the respective sources and are often unknowingly behind the reasoning adopted. In order to understand these approaches of both lawmakers and lawyers it is very helpful to acquaint oneself with those persons, which have had long-lasting influence on the formation of national law & legal thinking.
In order to grasp the context of the works of Europe’s – and Germany’s – keenest legal thinkers we have to go back to the roots and acquaint us with the more than two thousand year old tradition of ancient Roman law. Already a glance at the titles of the main works of Carl Friedrich von Savigny (1779-1861) History of Roman law in the Middle Age (1815-31) and The System of today’s Roman Law (1840-49) displays the everlasting impact on European legal tradition. Accordingly, also the course will follow a timeline, which starts in the age of classic Roman law and antique elocution – a powerful means of rhetoric –, then covers the renaissance of jurisprudence in the High Middle Ages and Early Modern Era and finishes with the capstone of this private law tradition, namely Bernhard Windscheid’s ‘Lehr­buch des Pandektenrechts’, which heavily influenced the German Civil Code. The selection of legal thinkers is either motivated by their outstanding quality (cf. Cicero, Papinian, Accursius und Savigny) or their paramount influence on our understanding of law (cf. Svarez and Rabel) or a combination of both.
  • The Roman Foundations of Law: Cicero, Papinian and Tribonian
  • The Renaissance of Roman Law in the Middle ages: Accursius, Baldus and Zasius
  • The foundations of the common law: Edward Coke
  • The labyrinth of creditors: Salgado de Somoza
  • Legal concepts of the age of enlightenment: Thomasius
  • Early codification: Carl Gottlieb Svarez
  • The pandectist tradition: Friedrich von Savigny
  • The ‘Interessensjurisprudenz’: Rudolf von Jhering
  • The foundations of the German Civil Code: Bernhard Windscheid
  • From comparative to a uniform sales law: Ernst Rabel
  • Current private law methodology: Karl Larenz and Claus Canaris.
Learning outcomes and qualification goals:
The aim of the class is to illuminate the underlying structures of our legal orders by introducing a selection of renowned legal thinkers: their person and background, their main pieces of work and their methodological impact on our understanding of law. By this means methodological concepts and terms, such as the idea and structure of codification, the concept of systematic interpretation, the function of general clauses and – most importantly – the general notion of comparative law can be discussed and will contribute to the general understanding of comparative legal methodology.
European Market Freedoms (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
6.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

All private persons or companies upon entering one of the EU Member States not only come under this single State’s national legal order. They are immediately affected by “European Law”, the law of the European Union granting them certain rights and privileges but also requiring them to comply with certain duties and obligations.

The internal market is one of the essential cornerstones of the European Union. The Market Freedoms lie at its heart. The free movement of goods, persons, services and capital is essential for unifying the markets while ensuring competition and trade within Europe. The freedoms grant direct effective rights to private persons and legal persons, which can be enforced before national courts, and guarantee the freedom of contract in a transnational perspective.

The course will focus on a systematic survey of the market freedoms by the means of studying the jurisdiction of the European Court of Justice.

 

  • General concept of the market freedoms
  • Development and aim of market freedoms
  • Leading cases of the European Court of Justice
  • Function of market freedom fostering integration
  • Further development of market freedoms
  • Impact of market freedoms (compliance)
Prüfungs­leistung:
Written examination
Lektor(en):
Jens-Uwe Franck
Beschreibung:
Contents:
All private persons or companies upon entering one of the EU Member States not only come under this single State’s national legal order. They are immediately affected by “European Law”, the law of the European Union granting them certain rights and privileges but also requiring them to comply with certain duties and obligations.
The internal market is one of the essential cornerstones of the European Union. Its core are the Market Freedoms. The free movement of goods, persons, services and capital is essential for unifying the markets while ensuring competition and trade within Europe. The freedoms grant direct effective rights to private persons and legal persons, which can be enforced before national courts, and guarantee the freedom of contract in a transnational perspective.
The course will focus on a systematic survey of the market freedoms by the means of studying the jurisdiction of the European Court of Justice.
  • General concept of the market freedoms
  • Development and aim of market freedoms
  • Leading cases of the European Court of Justice
  • Function of market freedom fostering integration
  • Further development of market freedoms
  • Impact of market freedoms (compliance)
Learning outcomes and qualification goals:
This course is intended to give the students a thorough grounding in the substantive provisions on the internal market, i.e. on the ‘four freedoms’ as well as on their link to competition law. Participants will improve their ability to read and understand the Court’s decisions. The course also aims at training students to discuss cases critically and to enhance their skills of dealing with new and as yet unknown problems of substantive European Community law by applying the generally acknowledged methods of interpretation.
European Tax Law (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

European Union Law has an increasing impact on the taxation of private individuals as well as of companies doing business in Europe. While the European Union has no original tax authority its law has a major influence on national tax laws.

The course will start with an introduction into European Union Tax Law, the aims and measures so far taken by European institutions. After that the course will cover the positive harmonization of indirect taxes mainly by European directives. In a third part the course will focus on secondary law harmonizing direct taxes in Europe, e.g. the Parent-Subsidiary Directive. In a last section the course deals with the importance of the fundamental freedoms for the taxation in Europe. A special focus will be put on the case law of the European Court of Justice.

  • Basic principles of European Law
  • Harmonization of indirect and direct taxes by primary and secondary law
  • Fundamental freedoms referring to taxation in Europe
  • Important case law
Lektor(en):
Thomas Fetzer
European Union Law: Institutional Aspects (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
2
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:
<p style="margin-right: 24.65pt; text-align: justify;"><span style="">The European Union (EU) is an international organization of a supranational character and, as such, part of a multi-level system of government. Traditionally, EU Law has concentrated on the creation and functioning of what is called the Internal Market. The addition of new policies, e.g., in the fields of asylum, border controls or foreign and security policy, has not diminished, but rather increased its impact on all fields of economically relevant law. </span></p> <p style="margin-right: 24.65pt; text-align: justify;"><span style="">EU Law not only interacts with the domestic law of each of the Union’s Member States. To a considerable extent, it directly affects legal relations within the Member States’ legal spheres, whether they are of a public- or a private-law nature. This holds true both for the EU’s “primary law”, i.e. provisions of the treaties, protocols and annexes, and for its “secondary law”, i.e. legal acts issued by EU institutions, which can take the forms of regulations, directives and decisions as well as opinions and recommendations. </span></p> <p style="margin-right: 24.65pt; text-align: justify;"><span style="">The course will introduce the main sources of primary law (the Treaties, i.e. EU, TFEU), the institutions (esp. European Parliament, European Council, Council, Commission, Court of Justice) and the different means of action (Regulation, Directive, Recommendation, Soft Law). The respective legal sources of secondary law, the procedures for their creation or enactment and their position in the hierarchy of norms as well as their legal effects, their implementation and enforcement will be covered. Further the course will focus on the interplay between European and national law, analysing, inter alia, the need for harmonized interpretation and the mechanisms – such as preliminary rulings – by which EU Law tries to achieve this aim. Furthermore, the judicial remedies against breaches of EU Law, especially those available to individuals and private corporations (including actions for damages), are of interest.</span></p> <ul> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Foundation of the European Union: nature, structure and development </span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Sources of European Union Law </span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">The organizational structure: EU institutions (e.g. European Parliament, European Council, Council, Commission, Court of Justice) their creation and functioning</span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Court of Justice of the European Union: Means of judicial protection; uniform interpretation of EU Law; the interpretative guideline of effet utile </span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Types of legislation and other means of action </span></li> <li style="margin-right: 24.65pt; text-align: justify;"><span style="">Implementation of EU Law in the Member States’ domestic legal orders</span></li> <li style="margin-right: 24.65pt; text-align: justify;">Effects of EU Law on rights and obligations of individuals</li> </ul>
Prüfungs­leistung:
Written examination
Lektor(en):
Hans-Joachim Cremer
Beschreibung:
Contents:
The European Union (EU) is an international organization of a supranational character and, as such, part of a multi-level system of government. Traditionally, EU law has concentrated on the creation and functioning of what is called the Internal Market. The addition of new policies, e.g., in the fields of asylum, border controls or foreign and security policy, has not diminished, but rather increased its impact on all fields of economically relevant law.
EU law not only interacts with the domestic law of each of the Union’s Member States. To a considerable extent, it directly affects legal relations within the Member States’ legal spheres, whether they are of a public- or a private-law nature. This holds true both of the EU’s “primary law”, i.e. provisions of the treaties, protocols and annexes, and of its “secondary law”, i.e. legal acts issued by EU institutions, which can take the forms of regulations, directives and decisions as well as opinions and recommendations.
The course will introduce the main sources of primary law (the Treaties, i.e. EU, TFEU), the institutions (Commission, Parliament, Council, Court of Justice) and the different means of action (Regulation, Directive, Recommendation, Soft Law). The respective legal sources of secondary law, the procedures for their creation or enactment, their position in the hierarchy of norms as well as their legal effects, their implementation and enforcement will be covered. Further the course will focus on the interplay between European and national law, analyzing, inter alia, the need for harmonized interpretation and the mechanisms – such as preliminary rulings – by which EU law tries to achieve this aim. Furthermore, the judicial remedies against breaches of EU law, especially those available to individuals and private corporations (including actions for damages), are of interest.
  • Foundation of the European Union: nature, structure and development
  • Sources of European Union Law
  • The organizational structure: EU institutions (e.g. European Parliament, European Council, Council, Commission, Court of Justice) their creation and functioning
  • Court of Justice of the European Union: Means of judicial protection; uniform interpretation of EU Law; the interpretative guideline of effet utile
  • Types of legislation and other means of action
  • Implementation of EU Law in the Member States’ domestic legal orders;
  • Effects of EU law on rights and obligations of individuals.
Learning outcomes and qualification goals:
The course aims at thoroughly familiarizing the students with the primary materials of European Union Law (texts of Treaties, secondary legislation and case law) and with a profound knowledge about various themes of European rule-making, which shows an ever stronger regulatory effect on the national legal orders of the member States.

In presenting the institutional law and the competences of the EU as well as the effects of EU law in the Member States’ domestic spheres, the course intends to provide students with the knowledge of EU law, which they need in order to understand European business law thoroughly. Due regard will be taken of current challenges of European law, resulting e.g. presently from the financial crises in several States within the euro area.
International Investment Law (Seminar, englisch)
Vorlesungs­typ:
Seminar
ECTS:
10
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Martin Jarrett
International Law and International Relations (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Raphael Oidtmann
International Relations Law of the European Union (Vorlesung mit Übung, englisch)
Vorlesungs­typ:
Vorlesung mit Übung
ECTS:
8
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lernziel:
Learning outcomes and qualification goals:
Students shall acquire necessary knowledge on the legal foundations of the EU’s foreign policy and its practical implications, on conferred competences on the EU to act in an international domain and on its role in creation of international legal order.
The course will be conducted through lectures, discussions, and seminars which will allow students to work in small groups on legal cases from practice. Next to the results of the final written exam, active participation during the lectures and seminars will also contribute to the overall grade for this course.   
Literatur:
Required reading materials as well as additional sources will be provided electronically or during the lectures.
Lektor(en):
Marija Turkovic Popovski
Beschreibung:
Contents:
The course aims at familiarizing students with the objectives and role of the EU institutions and its Member States in their external relations, also with the practice and case law from the European Court of Justice (ECJ) and academic literature in this field.
Throughout the course there will be a focus on:
Treaty foundations for external relations and external policies
International foundations: life cycle of an international agreement and the EU’s membership in international organizations
Common Commercial Policy: legal scope, judicial review of measures, relation with the World Trade Organization
Common Foreign and Security Policy
Energy policy
Sanctions Policy
Non-EU perspectives on the European integration and its international cooperation
Introduction to German Private Law (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
10.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Registrierungs­informationen:

The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.

An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘law book for citizens’ - today including consumers - whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications.

However, both general private law, and commercial law are enforced by the same rules of civil procedure. The German Civil Code is of paramount importance for understanding German law as its concept and system has impressed the legal thinking of generations of German lawyers. Students will be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from the European Union (EU), and the accepted methods of interpretation.

  • Introduction to German Private Law
  •  The division between public law, general private law and commercial law
  •  The German Civil Code
  •  Influence from the EU
  •  Basic concepts and means of interpretation
  •  Function and Content of the General Part
  •  Law of obligations (contracts, torts, and unjust enrichment)
  •  Property Law
  •  Law of succession and company law (including partnerships and corporations)
  • The system of law enforcement
Prüfungs­leistung:
Written examination
Lektor(en):
Beschreibung:
Contents:
The course is designed to give a comprehensive survey of German private law, i.e. general rules of private law, commercial law, and civil procedure.

An important structural decision of German private law (sic!) is already displayed by the fact that the Civil Code is the ‘lawbook for citizens – today including consumers – whereas particular rules for businesses are comprised in the commercial code, corporate law, and various other codifications. However, both general private law, and commercial law are enforced by the same rules of civil procedure.

The German Civil Code is of paramount importance for understanding German law as its concept and system  has  impressed  the  legal  thinking  of  generations  of  German  lawyers.  Students  will  be acquainted with both its sources, and its general principles. In the course of the class students will learn to work with the German civil code, understand the underlying system, influences on the Civil Code from other jurisdictions, and the accepted methods of interpretation. The role of the judiciary for the further development of private law will be highlighted by analyzing leading cases of the Federal Court of Justice and the upper courts.

•    Introduction to German Private Law
•    The division between general private law and commercial law
•    The German Civil Code
•    Influence from other jurisdictions
•    Basic concepts and means of interpretation
•    Function and Content of the General Part
•    Law of obligations (contracts, torts, and unjust enrichment)
•    Property Law
•    Law of succession and company law (including partnerships and corporations)
•    The system of law enforcement

Learning outcomes and qualification goals:
Students will be acquainted with the overall structure of German private law and the German Civil Code as its main source. They will acquire the necessary skills to find the respective legal sources, do research on academic writing and case law and analyze whether a specific intended business action appears admissible or may imply legal risks.

Students are encouraged to make reference, by way of comparison, to the law of their own country in the class.
Public International Law (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
8.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Raphael Oidtmann
Beschreibung:
This course provides students with an understanding of the system of public international law, regulating relations between actors on the global stage. Topics include: the nature of international law, sources of international law (including treaties, customary international law and general principles of law), participants in the international legal system (including notions of statehood, legal personality and diplomatic protection), territory and acquisition of title, state responsibility, jurisdiction and immunity, the relations­hip between international and domestic law, international human rights law, the (peacekeeping) operations of the United Nations including the role of the General Assembly, international dispute settlement and the role of the International Court of Justice as well as the law regulating the use of force and, correspondingly, the Security Council.
Sessions will take place on a weekly basis and consist of both lecture and discussion parts. Within the discussion part, current developments such as inter alia pending cases before the International Court of Justice and further contemporary topics will be discussed.

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

Course is open for Bachelor and Master students and recommended for Bachelor and Master Political Science students. 
Quantitative Methods for Lawyers (Vorlesung, englisch)
Vorlesungs­typ:
Vorlesung
ECTS:
4.0
Kurs geeignet für:
Kurssprache:
englisch
SWS:
2
Lektor(en):
Miriam Buiten