Jura (alle)

Vorlesung

8.0

deutsch

2

Jens-Uwe Franck

Vorlesung

8.0

deutsch

2

Carsten Schäfer

Vorlesung

8.0

englisch

2

This course will introduce students to distinctive aspects that comprise the law and legal system of the United States. Topics will examine the interplay between state and federal court systems, as well as sources of law and law making, the American legal education and becoming a lawyer. We will explore key subjects from first-year law school curriculum including torts, contract, property, constitutional law, criminal law, and criminal and civil procedure. Other topics will include the jury trial, class actions, punitive damages, and practical aspects of the law in the United States, such as rules of discovery and the basics of legal research, writing and trial advocacy.

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

Lecturer: Ms. Sheila O'Laughlin

Sheila Ann O`Laughlin

Vorlesung

12.0

deutsch

3

Philipp Fischinger

Vorlesung

6.0

deutsch

1

Vorlesung

10.0

deutsch

3

Oliver Brand

Vorlesung

8.0

deutsch

2

Georg Bitter

Vorlesung

6.0

englisch

2

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

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

 

• Basic features, tools and methods of comparative law
• Development and current status of Common Law as a legal family
• Development and current status of Civil Law as a legal family
• The education and role of lawyers
• Judges and judiciaries, lay judges and juries
• Legal reasoning
• Statutes and their construction
• Judicial precedents
• Particular legal institutions and instruments in a comparative assessment

Learning outcomes and qualification goals:
The course Comparative Law II constitutes the basis for all M.C.B.L. courses in the area International
& Comparative Business Law (taught in Mannheim during the Spring-Summer-Term). It deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view, but with a particular focus on the differences and common features of the world’s two major
legal families, Civil law and Common law. In doing so, it supplements and further enhances the content of the course Comparative Law I (taught during the Fall-Winter-Term). The aim is to provide students with the necessary analytical background allowing them to carry out sophisticated comparative legal analysis in their respective further fields of studies, and make them familiar with the most important aspects of the proverbial (but sometimes overstated) “Common/Civil Law divide”.

Written examination

Oliver Brand

Vorlesung

8.0

englisch

The course equips the students with fundamental knowledge about the application of competition law. European and German competition law are addressed equally as well as their relations­hip with one another. The aim is to capacitate the students to apply competition law to concrete cases and help them understand the competitive concerns that might arise from certain behavior by undertakings. The course consists of seven parts:

• Introduction (What is competition and why do we care about it? What is competition law?)
• Restrictive practices (Art. 101 TFEU/§§ 1–3 German Competition Act)
• Abuse of a dominant position (Art. 102 TFEU/§§ 18–21 German Competition Act)
• Public enforcement
• Private enforcement
• Merger control in the EU
• Merger control in Germany

 

The course focuses not only on the similarities between European and German competition law but also on the differences in the application by the European Commission and courts on the one side and the German competition authorities and courts on the other side. The course also covers distinct features particular to the German Competition Act that are missing in the European provisions, e.g. prohibited conduct of undertakings with relative or superior market power, damages and certain modifications that have been adopted with respect to digital markets.

The course will take place online only.

Fabian Uebele

Vorlesung

8.0

englisch

The course addresses compliance requirements in several fields of law. Roughly the first half of the course will be dedicated to compliance programmes in general. The analysis is broken down into the upstream phase, the governance, and the downstream phase of an effective compliance programme. This includes issues, such as “culture” of compliance, codes of conduct, the “tone at the top”, training, audits, and whistleblowing. The second half will be dedicated to the specific requirements for an effective compliance programme in three important areas of law:   

• Anti-corruption compliance
• Antitrust compliance
• Data protection compliance

In this context, the course will deal with the most important legislation in the respective fields. Due to their global geographical scope in the field of anti-corruption compliance, these are first and foremost the UK Bribery Act and the US Foreign Corrupt Practices Act. Regarding antitrust law, special attention will be given to leniency programmes and the possibilities of a compliance defence in cartel fine procedures. Moreover, the course will cover the requirements imposed on businesses by the General Data Protection Regulation.

Learning outcomes and qualification goals:

Students having completed the course will understand the importance of legal compliance for businesses and know the main methods of implementing and ensuring it. They will moreover be familiar with the most important legislation and be able to identify specific requirements of a compliance programme regarding different legal provisions.

Nils Stock

Kurs

6.0

französisch

Rupert Vogel

Vorlesung

8.0

englisch

Persons and companies can suffer harm in the case of an unauthorized and wrongful processing of personal data, which are related to the breach of our fundamental rights guaranteed by law. We are sharing our data every day through social media, online banking, online shopping etc. with the hope that our rights are safeguarded. The main goal of this Course is familiarization of students with the EU and international legal frameworks on protection of personal data, and its significance as a fundamental right. This area of law is based on the requirement to ensure people control over their personal data, and to protect them from unauthorized disclosure, online abuse, identity theft etc. 
During this course students will learn about the EU’s and the Council of Europe’s (CoE) legal rules on this matter, including explanation of major Courts’ rulings and the most important jurisprudence. Throughout the course there will be a focus on:
Introduction to the EU legal and institutional framework
The right to personal data protection and its limitations
The most important legal principles and rules of the EU data protection law (lawfulness, fairness, transparency, security etc.)
The rights of data subjects and their enforcement (remedies, liability, compensation)
International flow of personal data (data transfer to third countries)
EU legal rules on specific types of data: electronic communications; health and financial data.
Court of Justice of the European Union (case law)
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, the results from seminar papers will also contribute to the overall grade for this course.

Marija Turkovic Popovski

Kurs

6.0

deutsch

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

Vorlesung

10.0

deutsch

3

Vorlesung

8

englisch

2

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

Marija Turkovic Popovski

Vorlesung

8.0

deutsch

2

Benjamin Straßburger

Übung

6.0

deutsch

2

Achim Schunder

Vorlesung

8.0

deutsch

2

Jan Henrik Klement

Vorlesung

8.0

deutsch

2

Ulrich Falk

Vorlesung

8.0

deutsch

2

Alexander Borrmann

Vorlesung

8.0

deutsch

2

Vorlesung mit Übung

8.0

deutsch

2

Torsten Biemann

Vorlesung

8.0

englisch

2

The Universal Declaration of Human Rights (UDHR) of 1948 laid the foundation for the development of International Human Rights Law, and over the years multiple international human rights treaties and declarations, bills and laws have been inspired by it. In a broad sense International Human Rights Law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.

This course will place Human Rights Law in the broader context of International Law, and will provide an overview of the concept and background of International Human Rights Law. It will furthermore aim to provide students with a fundamental understanding of the following topics:
The categories of Human Rights
States as the protector and enforcer of Human Rights
The United Nations Human Rights System
Treaty based Human Rights Bodies
Regional Human Rights Systems
Developments and current challenges in International Human Rights Law
Textbook for reference: Moeckli, Shar, and Sivakumaran, International Human Rights Law, Third Edition, 2018, Oxford University Press

The course will be conducted through lectures, seminars and discussions. Assessment and evaluation will be based on a writing assignment (essay) a presentation in class and active participation.

Vorlesung

8

englisch

2

What is the character of international legal rules? How do they matter in the context of international politics and to what extent do they shape the international (legal) system? How effective can these rules actually be in times of a growing backlash against multilateralism more broadly? And what should we expect from international relations (theory) shaping contemporary international law more generally?

This course will provide an introductory account of international law’s foundational principles and sources as well as an intensive review of prominent international relations theories. Besides exploring how these IR theories may conceptualize international law in contemporary international politics, it will also consider a set of intersectoral and cross-cutting phenomena, pertaining to both international law and international relations, such as the use of force, the protection of human rights or the fabric and enforcement of international criminal law. Further topics that might be addressed in the course of the lecture comprise notions such as international trade or international climate policy and environmental protection.

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 contemporary UNSC resolutions may be analysed more closely. The course is particularly suited for students with a foundational background in international law and/or international relations (theory).

Introductory Reading (optional):

• Armstrong, David, Theo Farrell & Hélène Lambert (2012): International Law and International Relations, Cambridge: CUP
• Cali, Basak (2010): International Law for International Relations, Oxford: OUP
• Dunoff, Jeffrey L. & Mark A. Pollack (2013): Interdisciplinary Perspectives on International Law and International Relations, Cambridge, CUP
• Simmons, Beth & Richard H. Steinberg (eds.) (2007): International Law and International Relations: An International Organization Reader, Cambridge: CUP

Required reading materials as well as additional sources will be provided electronically. Mode of assessment for this course will be a research paper (4,000 words).

Vorlesung

6.0

englisch

2

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

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

• Economically relevant international organizations (ILO, WTO, UN, OECD)
• International organizations as subjects of public international law and of private law
• Distinguishing between governmental and non-governmental organizations
• Creation of international organizations
• International Organizations as law-makers and standard-setters
• Interaction of international law and domestic legal orders
• Responsibility of international organizations under public international law
• Legal remedies against acts of international organizations

Learning outcomes and qualification goals:
The course intends to provide students with the background knowledge of the law of international organizations, which they will need in pursuit of their in-depth studies of international business law.

Written examination

Berina Fischinger-Corbo

Vorlesung

6.0

englisch

2

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

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

Oral examination

Vorlesung

8.0

deutsch

2

Moritz Renner

Kolloquium

8.0

deutsch

2

Barak, Aharon, The Judge in a Democracy, 2006.
Ergänzend: Seelmann/Demko, Rechts­philosophie, 7. Aufl. 2019; Volkmann, Rechts­philosophie, 2018.

Hans-Joachim Cremer

Kolloquium

8.0

deutsch

2

Barak, Aharon, The Judge in a Democracy, 2006.
Ergänzend: Seelmann/Demko, Rechts­philosophie, 7. Aufl. 2019; Volkmann, Rechts­philosophie, 2018.

Hans-Joachim Cremer

Vorlesung

6.0

deutsch

1

Vorlesung

6.0

deutsch

1

Lea Tochtermann

Vorlesung

8.0

deutsch

2

Jochen Taupitz

Vorlesung

6.0

englisch

2

Dealing with contract drafting and disputes in the context of international business transactions involves the potential applicability of domestic laws of more than one State. This lecture provides an introduction into the relevant issues of conflict of laws in cases with a foreign element, with a particular focus on the fields of contracts, corporations and torts.

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

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

Learning outcomes and qualification goals: Students having completed the class should not only be able to spot special and general issues such as characterization, connecting factor, preliminary question, independent attachment, adaptation and ordre public but also be equipped with a method of how to approach and how to solve (find the applicable substantive law) on a step by step basis a private international law case from the perspective of a judge or an attorney.

Learning outcomes and qualification goals:
Students having completed the class should not only be able to spot special and general issues such as characterization, connecting factor, preliminary question, independent attachment, adaptation and ordre public but also be equipped with a method of how to approach and how to solve (find the applicable substantive law) on a step by step basis a private international law case from the perspective of a judge or an attorney.

Oral examination

Juliana Mörsdorf

Vorlesung

8.0

deutsch

2

Oliver Brand

Vorlesung

8.0

deutsch

2

Mark Alexander Makowsky

Vorlesung mit Übung

8.0

englisch

2

The United Nations (just as various other international organizations) have faced considerable backlash tendencies in recent years, including a continuous financial crisis. These developments – coupled with inter alia the Security Council’s failure to put an end to atrocities in Syria or Yemen – have put the organizations overall legitimacy and credibility into doubt.

Notwithstanding these political developments (which will, at least in part, also be discussed in the present course), the question remains if and to what extent changes to the institutions organizational (i.e. legal) framework might be possible. In this context, the specific legal character of the United Nations, the UN Charter and adjacent bodies such as the International Court of Justice must be analysed in more detail.

The course hence aims at providing students with a substantiated understanding of the law(s) governing the United Nations, its organs and specialized agencies. In this context, students will also attain a foundational understanding of international organizations law and contemporary developments such as the ILC’s Draft Articles on the Law of Treaties between States and International Organizations or between International Organizations or the Draft Articles on the Responsibility of International Organizations.

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 contemporary UNSC resolutions may be analysed more closely. The course is particularly suited for students with a foundational background in international law and political sciences/international relations.

Introductory Reading (optional):

• Klabbers, Jan (2015): An Introduction to International Organizations Law, Cambridge: CUP
• Kolb, Robert & Katherine Del Mar (2010): An Introduction to the Law of the United Nations, Oxford: Hart Publishing
• Simma, Bruno, Daniel Erasmus-Khan, Georg Nolte, Andreas Paulus (eds.), (2012): The Charter of the United Nations: A Commentary, Oxford: OUP
• Weiss, Thomas G. (2018) The Oxford Handbook on the United Nations, Oxford: OUP

Required reading materials as well as additional sources will be provided electronically. Mode of assessment for this course will be a research paper (4,000 words).

Vorlesung

6.0

deutsch

1

Hans-Christoph Ihrig

Vorlesung

deutsch

1

Ralph Landsittel

Vorlesung

8.0

deutsch

2

Andreas Schumacher

Vorlesung

8.0

deutsch

Nils Schaks

Vorlesung

8.0

englisch

2

This course will introduce students to distinctive aspects that comprise the law and legal system of the United States. Topics will examine the interplay between state and federal court systems, as well as sources of law and law making, the American legal education and becoming a lawyer. We will explore key subjects from first-year law school curriculum including torts, contract, property, constitutional law, criminal law, and criminal and civil procedure. Other topics will include the jury trial, class actions, punitive damages, and practical aspects of the law in the United States, such as rules of discovery and the basics of legal research, writing and trial advocacy.

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

Lecturer: Ms. Sheila O'Laughlin

Sheila Ann O`Laughlin

Vorlesung

6.0

englisch

2

The course will focus on a comparative analysis of competition law and policy under US antitrust law and EU competition law. By studying legislation and case-law on select topics, students will acquire knowledge about both legal systems. The course will also examine the historic, economic and social causes of differences and similarities between competition law on the two sides of the Atlantic. The course provides insights into EU competition law and US antitrust law particularly with regard to the following issues:

• Historical background and mode of development,
• Institutional and constitutional role,
• Importance of various sources of law (legislation, administrative orders, case-law),
• Approach to anti-competitive coordination, abuse of market power, and merger control, and
• Mechanisms of public and private enforcement

Students will acquire knowledge of foreign legal systems and learn how to conduct comparative legal analysis. Students will become familiar with characteristics of EU competition law and US antitrust law. They will be encouraged to assess and discuss topics in competition law and policy, to analyse legal developments against the economic, social and institutional background of the jurisdictions in which they take place, and to defend their positions in the classroom.

Alexander Morell

Vorlesung

6.0

englisch

2

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

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

 

• Basic features, tools and methods of comparative law
• Development and current status of Common Law as a legal family
• Development and current status of Civil Law as a legal family
• The education and role of lawyers
• Judges and judiciaries, lay judges and juries
• Legal reasoning
• Statutes and their construction
• Judicial precedents
• Particular legal institutions and instruments in a comparative assessment

Learning outcomes and qualification goals:
The course Comparative Law II constitutes the basis for all M.C.B.L. courses in the area International
& Comparative Business Law (taught in Mannheim during the Spring-Summer-Term). It deals with nature, technique and purpose of legal comparison both from a theoretical and from a practical point of view, but with a particular focus on the differences and common features of the world’s two major
legal families, Civil law and Common law. In doing so, it supplements and further enhances the content of the course Comparative Law I (taught during the Fall-Winter-Term). The aim is to provide students with the necessary analytical background allowing them to carry out sophisticated comparative legal analysis in their respective further fields of studies, and make them familiar with the most important aspects of the proverbial (but sometimes overstated) “Common/Civil Law divide”.

Written examination

Oliver Brand

Vorlesung

8.0

englisch

The course equips the students with fundamental knowledge about the application of competition law. European and German competition law are addressed equally as well as their relations­hip with one another. The aim is to capacitate the students to apply competition law to concrete cases and help them understand the competitive concerns that might arise from certain behavior by undertakings. The course consists of seven parts:

• Introduction (What is competition and why do we care about it? What is competition law?)
• Restrictive practices (Art. 101 TFEU/§§ 1–3 German Competition Act)
• Abuse of a dominant position (Art. 102 TFEU/§§ 18–21 German Competition Act)
• Public enforcement
• Private enforcement
• Merger control in the EU
• Merger control in Germany

 

The course focuses not only on the similarities between European and German competition law but also on the differences in the application by the European Commission and courts on the one side and the German competition authorities and courts on the other side. The course also covers distinct features particular to the German Competition Act that are missing in the European provisions, e.g. prohibited conduct of undertakings with relative or superior market power, damages and certain modifications that have been adopted with respect to digital markets.

The course will take place online only.

Fabian Uebele

Vorlesung

8.0

englisch

The course addresses compliance requirements in several fields of law. Roughly the first half of the course will be dedicated to compliance programmes in general. The analysis is broken down into the upstream phase, the governance, and the downstream phase of an effective compliance programme. This includes issues, such as “culture” of compliance, codes of conduct, the “tone at the top”, training, audits, and whistleblowing. The second half will be dedicated to the specific requirements for an effective compliance programme in three important areas of law:   

• Anti-corruption compliance
• Antitrust compliance
• Data protection compliance

In this context, the course will deal with the most important legislation in the respective fields. Due to their global geographical scope in the field of anti-corruption compliance, these are first and foremost the UK Bribery Act and the US Foreign Corrupt Practices Act. Regarding antitrust law, special attention will be given to leniency programmes and the possibilities of a compliance defence in cartel fine procedures. Moreover, the course will cover the requirements imposed on businesses by the General Data Protection Regulation.

Learning outcomes and qualification goals:

Students having completed the course will understand the importance of legal compliance for businesses and know the main methods of implementing and ensuring it. They will moreover be familiar with the most important legislation and be able to identify specific requirements of a compliance programme regarding different legal provisions.

Nils Stock

Vorlesung

8.0

englisch

2

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

Foundations of corporate governance

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

Application to corporate, insolvency and securities law

• Legal institutions to minimize the agency costs of equity: constraints on management and dominant shareholders in the public corporation
• Legal institutions to minimize the agency costs of debt: legal capital; piercing the corporate veil
• Legal institutions to minimize the costs of rent-seeking: management independence
• Employee codetermination
• Special focus on corporate control transactions: private benefits of control; the market for corporate control; mergers and acquisitions; insolvency

Alexander Morell

Kurs

6.0

französisch

Rupert Vogel

Vorlesung

8.0

englisch

Persons and companies can suffer harm in the case of an unauthorized and wrongful processing of personal data, which are related to the breach of our fundamental rights guaranteed by law. We are sharing our data every day through social media, online banking, online shopping etc. with the hope that our rights are safeguarded. The main goal of this Course is familiarization of students with the EU and international legal frameworks on protection of personal data, and its significance as a fundamental right. This area of law is based on the requirement to ensure people control over their personal data, and to protect them from unauthorized disclosure, online abuse, identity theft etc. 
During this course students will learn about the EU’s and the Council of Europe’s (CoE) legal rules on this matter, including explanation of major Courts’ rulings and the most important jurisprudence. Throughout the course there will be a focus on:
Introduction to the EU legal and institutional framework
The right to personal data protection and its limitations
The most important legal principles and rules of the EU data protection law (lawfulness, fairness, transparency, security etc.)
The rights of data subjects and their enforcement (remedies, liability, compensation)
International flow of personal data (data transfer to third countries)
EU legal rules on specific types of data: electronic communications; health and financial data.
Court of Justice of the European Union (case law)
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, the results from seminar papers will also contribute to the overall grade for this course.

Marija Turkovic Popovski

Kurs

6.0

deutsch

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

Vorlesung

8

englisch

2

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

Marija Turkovic Popovski

Vorlesung

8.0

deutsch

2

Vorlesung

6.0

deutsch

1

Philipp Fischinger

Vorlesung

12.0

deutsch

4

Benjamin Straßburger

Vorlesung mit Übung

8.0

englisch

2

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

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

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

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

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

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

 

Learning outcomes and qualification goals:
The course is designed to provide an overview of the principles of intellectual property law and its importance in our knowledge-based society. The teaching and case studies will enable students to understand the relevance of IP-law for businesses, both as a means of protecting their own innovation and to be aware of liability risks, which always accompanies placing new products in the market. A thorough knowledge of the legal framework at the same time is the indispensable basis for successful contract negotiations, which will be tackled by group exercises.

Oral examination

Vorlesung

8.0

englisch

2

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

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

 

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

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

Learning outcomes and qualification goals:
At the conclusion of the course, students will be expected to have a comprehensive understanding of the legal issues appertaining to the trade of goods across national borders.

Oral examination

Andreas Maurer

Vorlesung

8.0

englisch

2

The Universal Declaration of Human Rights (UDHR) of 1948 laid the foundation for the development of International Human Rights Law, and over the years multiple international human rights treaties and declarations, bills and laws have been inspired by it. In a broad sense International Human Rights Law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.

This course will place Human Rights Law in the broader context of International Law, and will provide an overview of the concept and background of International Human Rights Law. It will furthermore aim to provide students with a fundamental understanding of the following topics:
The categories of Human Rights
States as the protector and enforcer of Human Rights
The United Nations Human Rights System
Treaty based Human Rights Bodies
Regional Human Rights Systems
Developments and current challenges in International Human Rights Law
Textbook for reference: Moeckli, Shar, and Sivakumaran, International Human Rights Law, Third Edition, 2018, Oxford University Press

The course will be conducted through lectures, seminars and discussions. Assessment and evaluation will be based on a writing assignment (essay) a presentation in class and active participation.

Vorlesung mit Übung

8.0

englisch

2

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

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

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

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

Oral examination

Berina Fischinger-Corbo, Philipp Fischinger

Vorlesung

8

englisch

2

What is the character of international legal rules? How do they matter in the context of international politics and to what extent do they shape the international (legal) system? How effective can these rules actually be in times of a growing backlash against multilateralism more broadly? And what should we expect from international relations (theory) shaping contemporary international law more generally?

This course will provide an introductory account of international law’s foundational principles and sources as well as an intensive review of prominent international relations theories. Besides exploring how these IR theories may conceptualize international law in contemporary international politics, it will also consider a set of intersectoral and cross-cutting phenomena, pertaining to both international law and international relations, such as the use of force, the protection of human rights or the fabric and enforcement of international criminal law. Further topics that might be addressed in the course of the lecture comprise notions such as international trade or international climate policy and environmental protection.

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 contemporary UNSC resolutions may be analysed more closely. The course is particularly suited for students with a foundational background in international law and/or international relations (theory).

Introductory Reading (optional):

• Armstrong, David, Theo Farrell & Hélène Lambert (2012): International Law and International Relations, Cambridge: CUP
• Cali, Basak (2010): International Law for International Relations, Oxford: OUP
• Dunoff, Jeffrey L. & Mark A. Pollack (2013): Interdisciplinary Perspectives on International Law and International Relations, Cambridge, CUP
• Simmons, Beth & Richard H. Steinberg (eds.) (2007): International Law and International Relations: An International Organization Reader, Cambridge: CUP

Required reading materials as well as additional sources will be provided electronically. Mode of assessment for this course will be a research paper (4,000 words).

Vorlesung

6.0

englisch

2

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

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

• Economically relevant international organizations (ILO, WTO, UN, OECD)
• International organizations as subjects of public international law and of private law
• Distinguishing between governmental and non-governmental organizations
• Creation of international organizations
• International Organizations as law-makers and standard-setters
• Interaction of international law and domestic legal orders
• Responsibility of international organizations under public international law
• Legal remedies against acts of international organizations

Learning outcomes and qualification goals:
The course intends to provide students with the background knowledge of the law of international organizations, which they will need in pursuit of their in-depth studies of international business law.

Written examination

Berina Fischinger-Corbo

Vorlesung

6.0

englisch

2

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

• Scope of application of the CISG
• Hierarchy between the CISG and national sales law provisions
• Interpretation of the CISG and the aim of uniform application
• Formation of contracts under the CISG
• Obligations of the seller and the buyer
• Remedies in case of non‐ performance
• Damages under the CISG
• Relations­hip between the CISG and other current/future uniform law instruments

Learning outcomes and qualification goals:
Students who have completed the course should be able to ascertain the applicability of the CISG and deal with the most common legal problems arising under international sales contracts. They should also be familiar with the structure and central rules of the CISG governing the formation of contracts and parties’ remedies in cases of breaches of contract, enabling them to advise clients about contract drafting issues and strategies in litigations or arbitrations involving CISG contracts.

Oral examination

Lea Tochtermann

Vorlesung

6.0

englisch

2

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

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

Oral examination

Vorlesung

8.0

deutsch

Kolloquium

8.0

deutsch

2

Barak, Aharon, The Judge in a Democracy, 2006.
Ergänzend: Seelmann/Demko, Rechts­philosophie, 7. Aufl. 2019; Volkmann, Rechts­philosophie, 2018.

Hans-Joachim Cremer

Kolloquium

8.0

deutsch

2

Barak, Aharon, The Judge in a Democracy, 2006.
Ergänzend: Seelmann/Demko, Rechts­philosophie, 7. Aufl. 2019; Volkmann, Rechts­philosophie, 2018.

Hans-Joachim Cremer

Vorlesung

6.0

englisch

2

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

Foundations of law and economics

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

Property law and economics

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

Tort law

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

Contract law

• The objective of maximizing surplus
• Default rules as a way to economize on transaction costs
• Efficient and inefficient breach of contract
• Penalty defaults
• Legal remedies to adverse selection caused by asymmetric information
• Economic analysis of standard terms and conditions

Learning outcomes and qualification goals:
Students obtain a sound understanding of how economic methodology can be applied to legal problems. They know to employ economic efficiency criteria as arguments for resolving legal cases. They are aware of the main theories advanced in law and economics scholarship relating to property law, tort law and contract law.

Written examination

Alexander Morell

Vorlesung

6.0

englisch

2

Dealing with contract drafting and disputes in the context of international business transactions involves the potential applicability of domestic laws of more than one State. This lecture provides an introduction into the relevant issues of conflict of laws in cases with a foreign element, with a particular focus on the fields of contracts, corporations and torts.

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

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

Learning outcomes and qualification goals: Students having completed the class should not only be able to spot special and general issues such as characterization, connecting factor, preliminary question, independent attachment, adaptation and ordre public but also be equipped with a method of how to approach and how to solve (find the applicable substantive law) on a step by step basis a private international law case from the perspective of a judge or an attorney.

Learning outcomes and qualification goals:
Students having completed the class should not only be able to spot special and general issues such as characterization, connecting factor, preliminary question, independent attachment, adaptation and ordre public but also be equipped with a method of how to approach and how to solve (find the applicable substantive law) on a step by step basis a private international law case from the perspective of a judge or an attorney.

Oral examination

Juliana Mörsdorf

Vorlesung

8.0

deutsch

2

Vorlesung mit Übung

8.0

englisch

2

The United Nations (just as various other international organizations) have faced considerable backlash tendencies in recent years, including a continuous financial crisis. These developments – coupled with inter alia the Security Council’s failure to put an end to atrocities in Syria or Yemen – have put the organizations overall legitimacy and credibility into doubt.

Notwithstanding these political developments (which will, at least in part, also be discussed in the present course), the question remains if and to what extent changes to the institutions organizational (i.e. legal) framework might be possible. In this context, the specific legal character of the United Nations, the UN Charter and adjacent bodies such as the International Court of Justice must be analysed in more detail.

The course hence aims at providing students with a substantiated understanding of the law(s) governing the United Nations, its organs and specialized agencies. In this context, students will also attain a foundational understanding of international organizations law and contemporary developments such as the ILC’s Draft Articles on the Law of Treaties between States and International Organizations or between International Organizations or the Draft Articles on the Responsibility of International Organizations.

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 contemporary UNSC resolutions may be analysed more closely. The course is particularly suited for students with a foundational background in international law and political sciences/international relations.

Introductory Reading (optional):

• Klabbers, Jan (2015): An Introduction to International Organizations Law, Cambridge: CUP
• Kolb, Robert & Katherine Del Mar (2010): An Introduction to the Law of the United Nations, Oxford: Hart Publishing
• Simma, Bruno, Daniel Erasmus-Khan, Georg Nolte, Andreas Paulus (eds.), (2012): The Charter of the United Nations: A Commentary, Oxford: OUP
• Weiss, Thomas G. (2018) The Oxford Handbook on the United Nations, Oxford: OUP

Required reading materials as well as additional sources will be provided electronically. Mode of assessment for this course will be a research paper (4,000 words).

Vorlesung

4.0

deutsch

2

Andreas Schumacher

Vorlesung

8.0

deutsch

Nils Schaks

Vorlesung

8.0

deutsch

2

Christian Arnold