Course Title Human Rights Violations in : Gender, Colonial Crimes & Transnational Corporations Category Law & Economics Winter Session: January 6th – 24th 2020 Track B Class Time Weekly schedule Monday: 1.30 pm – 3 pm & 3.20 pm – 4.50 pm Tuesday & Wednesday: 9.00 am – 10.30 am & 11.00 am – 12.30 pm Friday: 1.30 pm – 3 pm & 3.20 pm – 4.05 pm Undergraduate students with a strong interest in law, religious studies, Course Level & cultural studies, social sciences, European studies and students with a Target Group strong interest in the topic. This course is taught in English, including readings in English. For the understanding of the texts and the discussions in class a language level Course Language B2 or higher (Common European Framework of Reference for Languages) is required.

ECTS 5 ECTS (45 contact hours)

Course Objective & Learning Outcomes By the end of the course, students will be able to: - assess and analyse human rights in the fields of Gender, and Social Justice in the German context - compare human rights developments in different regional and national contexts in Germany - assess the interaction between national law and human rights norms - assess and analyse historical human rights developments in different societal sectors and contextualise them - critically evaluate common human rights theories - define and apply intersectionality theory and related concepts in the context of human rights lawyering in Germany - identify the main challenges in promoting and implementing human rights given different gender, race, religious, class or societal perspectives - asses and analyse challenges for law enforcement in human rights cases - asses and analyse both the potential and limits of strategic litigation and NGO participation for strengthening human rights in Germany - articulate and discuss human rights issues

Assignments In order to be granted 5 ECTS, students are required to • participate actively in all classes, • to create a blogpost, • to write an essay

Assessment Components A minimum of 80% class attendance is required. The final grade will be composed of active participation during class discussions as well as an essay and a blogpost on a subject the students chose. Failure to fulfil one of the mentioned components results in failure of the class.

Expectations & Policies Preparation for lively discussions in the classroom: be on time, have at least the required readings completed and points in mind for discussion or clarification. Assignments: complete all assignments according to the specified requirements on schedule including handing over to the lecturer. Commitment in class: pay particular attention to the lecturer and respect differences of opinions (classmates’, lecturers, local constituents engaged with on the visits). Academic guidelines: Comply with academic integrity policies (such as no plagiarism or cheating, nothing unethical), especially the academic honor code and the student code of conduct (see FAQs on www.huwisu.de). Attendance policy: No unexcused absences are permitted. Students must contact their class teachers to catch up on missed work – to excuse absence please contact the HUWISU office (80% class attendance are required). Field trips: if classes involve a field trip or other external visits, these require attendance as well as appearance in time – transportation difficulties are never valid reasons for an excused absence.

Extra-curricular Activities HUWISU offers a fine selection of interesting extra-curricular activities and aims to give all participants an unforgettable stay in Berlin. Your program includes excursions, sport activities and social gatherings providing you the opportunity to get to know the city, the university and your classmates better and to meet students from all parts of the world. The costs for these offers are included in the program fee. Below you will find examples of previously offered cultural activities. You will be informed about the respective cultural program after your enrolment via email as well as during the course period. Political and historical guided tours: • Federal Chancellery (Bundeskanzleramt): It’s the central coordination point for the entire government policy. The office is in constant contact to departments and other authorities. • German Parliament (): As the highest organ of the legislative in Germany it’s elected by the German people. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat equals the upper house. • House of Representatives (Abgeordnetenhaus): It’s the state parliament () of Berlin and located in the center of the reunified city. Together with the Martin Gropius Bau, the Topography of Terror and the Bundesrat, it presents an arresting contrast to the flair of the new Potsdamer Platz. • Topography of Terror: A permanent exhibition with focus on the central institutions of the SS and police during the “Third Reich” and the crimes they committed throughout Europe. With the help of mostly photographic material, visitors are led through the major themes of the exhibition’s five main segments. • Political Archive: As the “memory” of the Federal Foreign Office it preserves the files on German diplomacy since 1867, as well as the international treaties signed by the Federal Republic of Germany and its predecessors in title. The records are preserved, processed and made available for academic research. Cultural guided tours: • Kreuzberg Tour: Kreuzberg has emerged from its history as one of the poorest quarters in Berlin in the late 1970s to a cultural center of today’s Berlin. A unique area and one of the hippest neighborhoods in Berlin with many bars, pubs and clubs. • Museum Island (Museumsinsel): was awarded UNESCO World Heritage Status in 1999 and is an ensemble of five museums: Old Museum, New Museum, Old National Gallery, Pergamon Museum and Bode Museum. • Berlin Cathedral (Berliner Dom): Berlin´s largest and most important Protestant church is located on the Museum Island. • Daytrip to Potsdam: Be inspired by the illustrious attractions of the UNESCO’s World Heritage while underway through the city of Potsdam. Immerse yourself in the history and present of Potsdam and discover many palaces, gardens, and historic quarters such as the “Holländisches Viertel” or the “Nikolaikirche”. • Exhibitions: Berlin is known for its unique galleries and exhibitions, that is why we will visit at least one during the Winter University.

Social gatherings • Welcome Get-Together: We invite you to meet all participants as well as the HUWISU staff in a relaxed atmosphere. • Ice Skating: A fun outdoor sport activity for everyone; even for those who have never been on ice- skates before. Afterwards you may head out for hot beverage to warm up from the inside. • Farewell Party: At the end of the Winter University we will come together to celebrate the exciting time with HUWISU.

Please note that the course and its syllabus are subject to change. Last update: October 2019

Human Rights in Germany: Gender, Colonial Crimes and Transnational Corporations

SYLLABUS & INFO

HUMBOLDT-UNIVERSITÄT ZU BERLIN HUWISU WINTER UNIVERSITY 2020

Lecturers

JUDITH HACKMACK DR. MIRIAM SAAGE-MAASZ KARINA THEURER, M.A.

1

Human Rights in Germany: Gender, Colonial Crimes and Transnational Corporations

Can human rights be universal? What exclusions and injustices are inherent in law that treats everyone “equal” in unequal societies? How is it that some human rights have been finally recognized, whereas others are continuously dismissed? Which actors are involved and why? What role do power and knowledge play? Who ‘wrote’ ‘the’ history of human rights? Who was excluded from this process?

Departing from an interdisciplinary perspective the Winter School will give an insight into Critical Human Rights Discourse and Litigation in Germany. On the basis of concrete human rights cases students will learn about the different bodies and instruments of human rights protection in Germany, their practical advantages, challenges and inherent exclusions. By focusing on specific sectors (Gender, (Post)colonial Injustice and Transnational Corporations) and their intersectional effects students are taught to see the canon of rights protected within the legal system as constructed and thus embedded in social and political processes of deliberations on different levels. With the understanding that strategic human rights litigation is only one of the many tools used to forward social change and justice, we talk about how these legal strategies and instruments can and should be intertwined with grassroots political awareness campaigns, the creation of associations to strengthen visibility, investments in public relations and advocacy for change and justice within social movements. Studies concerning the impact of Strategic Public Litigation will be used in the discussion, potentially with representatives from NGOs involved in some of the relevant Public Interest Litigations.

Representative fundamental texts of critical legal theory will be read, discussed and applied to the German context. These are interactive courses that have participants practicing the shifts of perspective proposed by the authors of the texts as acts of resistance to the premises of objectivity, neutrality, reasonableness and universality of contemporary hegemonic law. The courses will be team taught and aim to create a platform for dialogue on equal terms. Class sessions will usually open with lecture and/or discussant presentation, case-oriented inquiry, theoretical exploration and class discussion of the topic/theme for the session.

Students will be able to communicate directly with Berlin NGO’s activists and state agencies in the field of human rights and anti-discrimination.

The courses take place:

Monday: 1.30 pm – 3 pm & 3.20 pm – 4.50 pm Tuesday & Wednesday: 9.00 am – 10.30 am & 11.00 am – 12.30 pm Friday: 1.30 pm – 3 pm & 3.20 pm – 4.05 pm

From January 6th – 24th 2020

2 Your Instructors

Karina, Theurer, M.A. (Berlin) (https://plone.rewi.hu-berlin.de/en/lf/ls/bae/team/karina- theurer) is a feminist lawyer and writer. She is director of the Institute for Legal Interventions at European Center for Constitutional and Human Rights (ECCHR). Until 2019 she coordinated and taught the Humboldt Law Clinic for Fundamental and Human Rights (HLCMR). Between 2010 and 2018 she was Research Fellow at the Chair of Public Law and Gender Studies at the Faculty of Law of Humboldt University and taught the Masters Program "Social Work as a Human Rights Profession" at the Alice-Salomon Hochschule. She studied Law at the Ruprecht- Karls-University in Heidelberg, the Université Robert Schuman in Strasbourg und the Humboldt University (Graduate Prize for Academic Achievement in European and International Law). Her fields of specialisation include Feminst and Decolonial Legal Theory, Human Rights Litigation in Germany, Gender Equality, Sexualized Violence and Business & Human Rights. She holds a Master of Arts in "Interdisciplinary Latin American Studies", co- founded the bilingual literary magazine „alba.lateinamerika lesen“, translates poetry from Spanish to German and co-curated the symposium „(Post-)Colonial Injustice and Legal Interventions“ at the Academy of Fine Arts in Berlin in January 2018.

E-Mail: [email protected]

Judith Hackmack is a lawyer, philosopher and historian. She holds a master of arts in philosophy from the University of Regensburg and is registered as attorney in Berlin, where she works with the Institute for Legal Interventions at the European Center for Constitutional and Human Rights (ECCHR). There, she coordinates ECCHR’s work on German and European colonial wrongs as well as post- and decolonial perspectives on the law. Her fields of specialization include (global) legal history and theory, human rights and international criminal law. During her studies, she worked as a research assistant for Prof. Dr. Katharina de la Durantaye, Assistant Professor for Private and Comparative Law at the Humboldt University. She taught German and European asylum- and migration law at the seminars organized the German Section of and worked in the Inter-American human rights system in Ecuador and Costa Rica on reparations for grave human rights violations. As a member of the Business and Human Rights program of ECCHR, she worked on cases involving corporate complicity in international crimes, export regulations for dual-use goods and surveillance technology and human rights violations in Syria. Her PhD project deals with the international legal history of colonialism from a global-historical perspective on the example of the .

E-Mail: [email protected]

Dr. Miriam Saage-Maaß is a qualified lawyer and Vice Legal Director and director of the Business and Human Rights program at ECCHR. She has worked on various cases against corporations, including civil litigation against Lidl and KiK relating to exploitation of workers in South Asia as well as criminal proceedings against managers of European corporations. She regularly publishes articles on the legal liability of corporations for human rights violations in the global supply chain and is internationally consulted as an expert in the area of corporate responsibility and human rights. She is a temporary lecturer at the Freie Universität Berlin. E-Mail: [email protected]

3 Human Rights in Germany: Gender, Colonial Crimes and Transnational Corporations

SYLLABUS

I. GENDER & WOMEN’S HUMAN RIGHTS IN GERMANY – VIOLENCE, DISCRIMINATION & INEQUALITY

1 06.01.2020 Welcome 1:30 – 2:15 With your instructor Karina Theurer In: Rungestraße 18, (Johanniter Unfallhilfe e.V.)

2 – 06.01.2020 Introduction to Human Rights from a multilevel perspective 4 2:15 – 4:50 Assignments:

• Rudolf, Beate (2016): Human Rights in Germany – A view from Germany’s National Human Rights Institution, in: International Journal of Legal Information, pp- 50-58

Additional Readings:

• Art. 59 and Art. 25 Grundgesetz (German Constitution) • Please click through the overview of Human Rights Instruments provided on the website of the DIMR: https://www.institut-fuer-menschenrechte.de/en/human- rights-instruments/

5 – 07.01.2020 CEDAW and the legal means it provides to fight for women’s rights and substantial 6 9:00 – 10:30 equality

Assignments:

• UN-Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) • Optional Protocole to the Convention on the Elimination of All Forms of Discrimination against Women

Additional Readings:

• Committee on the Elimination of All Forms of Discrimination against Women: List of issues and questions in relation to the combined seventh and eight periodic reports of Germany, 2nd of august 2016, CEDAW/C/DEU/Q/7-8 (online) • Combined Seventh and Eighth Periodic Report from the Federal Republic of Germany on the Convention on the Elimination of All Forms of Discrimination against Women, June 2016 (online) • CEDAW alternative report with reference to the combined Seventh and Eighth Periodic Report from the Federal Republic of Germany on the Convention on the Elimination of All Forms of Discrimination against Women drafted and compiled by the CEDAW Alliance of civil society organizations in Germany, November 2016 (online) • Reply to the List of Issues by the Federal Republic of Germany to the United Nations Committee on the Elimination of All Forms of Discrimination against Women, November 2016 (online) • Raday, Frances (2012): Gender and democratic citizenship: the impact of CEDAW, in: International Journal of Constitutional Law, 2012, S. 512–530.

4 7-8 07.01.2020 Violence against female domestic workers in private households of diplomats in 11:00 – 12:30 Germany - The Inquiry procedure according to Article 8 OP / CEDAW

Guest Lecture with Dr. Nivedita Prasad (former Head of BanYing).

Ban Ying e.V. is a specialised counseling center which works to combat . As one of the oldest women’s projects working in this area in Berlin, they campaign for the rights of migrant women who have experienced violence, exploitation or human trafficking. The NGO litigates against the impunity of diplomats and for the rights of the affected women and has submitted a report to the CEDAW Committee in 2003 requesting to open an inquiry procedure according to Article 8 of the Optional Protocole to CEDAW.

Assignments: • Prasad, Nivedita (2008): Domestic Workers Working for Diplomats, in: KOK – Trafficking in .

Additional Readings: • Ban Ying (2003): Female domestic workers in the private households of diplomats in the Federal Republic of Germany. Information collected for the CEDAW Committee to open an inquiry procedure according to Article 8 OP/ CEDAW (online on: http://www.ban-ying.de/en/publications)

9 – 08.01.2020 Reproductive rights & Abortion in Germany 10 9:00 – 10:30 Assignments:

• Art. 3 Grundgesetz (German Constitution) • Judgment 28th May 1993 – Schwangerschaftsabbruch [2 BvF 2/90], Federal Constitutional Court, from: http://germanlawarchive.iuscomp.org/?p=1190

Additional Readings:

11- 08.01.2020 Sexualized violence against Women: How is the situation in Germany? 12 11:00 – 12:30 The ratification of the Istanbul convention and the reform of penalty law against sexualized violence in Germany – What about Gender Stereotyping?

Assignments:

• Hörnle, Tatjana: The New German Law on Sexual Offenses, Available at SSRN: https://ssrn.com/abstract=2999677

Additional Readings:

• MacKinnon, Catharine A.: Sex Equality: On Difference and Dominance, in: MacKinnon, Toward a Feminist Theory of the State, Harvard University Press 1989, 215-234. • Council of Europe Convention on preventing and combating violence against women and domestic violence (online) • Committee on the Elimination of Discrimination against Women, 1st of september 2010: Communication No. 18/2008, CEDAW/C/46/D/18/2008

5 13- 10.01.2020 Inequality entrenched? Gender pay gap, tax law & construction of family 14 01:30 – 03:00 Assignment:

• Nocturnal Employment Case (1992) – 85 BVerfGE 191 (A supervisor in a cake factory was fined for employing women to wrap cakes at night in violation of a statute basically forbidding the employment of women as blue‐collar workers during the night. After exhausting her ordinary judicial remedies, the supervisor filed a constitutional complaint, arguing that the law offended the equality provisions of Article 3) • Wersig, Maria: Overcoming Joint Taxation: The German Case (draft for discussion purposes, online)

Additional readings:

• Baer, Susanne (2010): Traveling Concepts: Substantive Equality on the Road, in: Tulsa Law Review, pp. 59-79.

15 11.01.2019 Fishbowl-Discussion: What about fighting for women abroad? 03:20 – 4:05 Assignment: • Oyewumi, Oyeronke: CONCEPTUALIZING GENDER: THE EUROCENTRIC FOUNDATIONS OF FEMINIST CONCEPTS and the Challenge of African Epistemologies

Additional Readings:

• Kapur, Ratna (2005): Erotic Justice: Law and the New Politics of Postcolonialism, Routledge. • Lugones, Maria: Heterosexualism and the Colonial / Modern Gender System, in: Hypatia, 2007, S. 186-209. • Mohanty, Chandra: Under western eyes: Feminist Scholarship and Colonial Discourses, in: Feminist Review, No. 30. (1988), S. 61-88. • Rivera Cusicanqui, Silvia: Pachakuti: Los horizontes históricos del colonialismo interno, in: Violencias (re)encuiertas en Bolivia. La Paz: Piedra Rota, 2010, S. 39- 63.

II: (POST)COLONIAL INJUSTICE IN GERMANY – COLONIALISM AND PRESENT-DAY REPERCUSSIONS

16 13.01.2020 Welcome 1:30 – 2:15 With your instructor Judith Hackmack In: Rungestraße 18, (Johanniter Unfallhilfe e.V.)

17- 13.01.2020 Post/De-colonial Theory and Human Rights: A Perfect Match? 19 2:15 – 4:50 Assignments: • Mutua, Makau, 2010, ‘The Transformation of Africa, A Critique of the Rights Discourse’, Buffalo Legal Studies Research Paper Series, 002, pp. 899-924. • Nesiah, Vasuki, Nesiah, Vasuki (2003). The Ground Beneath Her Feet: “Third World" Feminisms. Journal of International Women's Studies, 4(3), 30-38: http://vc.bridgew.edu/jiws/vol4/iss3/3

Additional Readings and Resources: • Antony Anghie, 2005, Imperialism, Sovereignty and the Making of International Law. • Dhawan, Nikita, 2019, A Critical Theory of Postcolonialism (forthcoming).

6 • Frantz Fanon, 1963, Concerning Violence, in: The Wretched of the Earth, podcast: https://www.youtube.com/watch?v=_Fydi9CSXcw&list=PLLTpLv5a69exoz74C0 D8Zt-yU4XO4lcK-&index=2

20- 14.01.2020 Legal histories of Colonialism and Present-Day Effects of German Colonial Wrongs 21 9:00 – 10:30 Tbc: Guest Lecture/ visit Berlin Postkolonial e.V.

Assignments: • Shahabuddin, M., 2013, 'The Colonial ‘Other’ in the Nineteenth-Century German Colonisation of Africa, and International Law', African Yearbook of International Law, pp. 15-39.

Additional Readings: • Alexandrowicz, C. H., 1980, The Role of German Treaty Making in the Partition of Africa, in: Armitage/Pitts ed., 2017, The Law of Nations in Global History. • Lange, Felix, 2017, The dream of a völkisch colonial empire: international law and colonialism during National Socialist era, London Review of International Law, Vol.5, Iss. 3, pp. 343–369. • Koskenniemi, Martti, Colonial Laws, Sources, Strategies and Lesson?, in: 18 Journal of the History of International Law (2016), pp. 248-277. • Van der Linden, Mieke, 2016, The Acquisition of Africa (1870-1914), The Nature of International Law.

22- 14.01.2020 The Genocide Against the Ovaherero and Nama in German South West Africa 23 11:00 – 12:30 Before U.S.- American Courts

Assignments: • Vekuii Rukoro et.al v. Germany, Defendant’s Memorandum in Support of Motion to Dismiss, 17 cv 00062 (LTS), Filed 03/13/18. • Goldmann, Matthias, Declaration of Matthias Goldmann before the SDNY Court in the case of the Ovaherero and Nama Peoples v. Germany (April 25, 2018).

Additional Readings: • Sarkin, Jeremy, 2008, Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia, Human Rights Review, Vol. 9, 2008, 331-360. • United Nations Economic and Social Council, Revised and updated report on the question of the prevention and punishment of the crime of genocide prepared by Mr. B. Whitaker, E/CN .4/Sub .2/1985/ 6, 2 July 1985.

24- 15.01.2020 Debates Evolving Around the Restitution Looted Art and Cultural Properties 25 9:00 – 10:30 Assignments: • Bénédicte Savoy, “Property and Possession. Some considerations on the history of ideas relating to a pair of legal concepts”, Völkerrechtsblog, 18 September 2018

Additional Readings:

7 • Information on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) available here: https://www.un.org/development/desa/indigenouspeoples/declaration-on- the-rights-of-indigenous-peoples.html • Article 11 and Art. 19 UNDRIP and Art.1 and 27 ICCPR: https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx • Sarr, Felwine & Savoy, Bénédicte, 2018, The Restitution of African Cultural Heritage.Toward a New Relational Ethics, https://restitutionreport2018.com/sarr_savoy_en.pdf

26- 15.01.2020 Racism as Complex Colonial Repercussion - the situation of People of African 27 11:00 – 12:30 Descend in Germany and Europe

Tbc: Guest Lecture/ visit ISD (Initiative Schwarze Menschen in Deutschland Bund e.V.) or EOTO e.V.

Assignments: • European Parliament resolution of 26 March 2019 on fundamental rights of people of, African descent in Europe (2018/2899(RSP) • UN Human Rights Council, Report of the Working Group of Experts on People of African Descent on its mission to Germany, A/HRC/36/60/Add.2, 15 August 2017, para. 7-8. • Ferreira da Silva, Denise, 2018, No-bodies: law, raciality and violence, in: Ferreira da Silva/Harris: Postcolonialism and the law, Vol. 1., pp. 151-176

Additional Readings and Resources: • Film: Dagmar Schulz, Audre Lorde – The Berlin Years 1984 to 1992, http://www.audrelorde-theberlinyears.com/ • Lorde, Audre (1983), The Master's Tools Will Never Dismantle the Master's House, in: Cherríe Morraga, Anzaldúa, Gloria: This Bridge Called my Back: Writings by Radical Women of Color, pp. 94-101, bixby.ucla.edu/journal_club/Lorde_s2.pdf

28- 17.01.2020 Decolonizing International Law 29 01:30 – 03:00 Assignments: • Pahuja, Sundhya, 2011, Decolonizing International Law: Development, Economic Growth and the Politics of Universality, available at SSRN: https://ssrn.com/abstract=1743269 • Baxi, Upendra, Postcolonial Legality, in: Ferreira da Silva/Harris: Postcolonialism and the law, Vol. 1, pp. 61-76.

Additional readings: • Steininger, Silvia and Sparks, Tom, 2 May 2018, On history, geography, and radical change in international law. An interview with BS Chimni, Völkerrechtsblog, doi: 10.17176/20180502-164942 • Antony Anghie, 2015, Legal Aspects of the New International Economic Order, Humanity, Vol. 6, No. 1, pp. 145-158

30 17.01.2019 Final Round: Towards a Decolonial International Legal Practice 03:20 – 4:05 Assignment: • Ancheita, Alejandra, Terwindt, Carolijn, 2015, Towards Genuine Transnational Collaboration between Human Rights Activists from the Global North and the Global South, in: Forschungsjournal Soziale Bewegungen 4, pp. 1-13.

8 Additional Readings: • Madlingozi, Tshepo, 2010, On Transitional Justice, Entrepreneurs and the Production of Victims, Journal of Human Rights Practice, Vol. 2, No. 2, pp. 208– 228 DOI:10.1093/jhuman/huq005

III. TRANSNATIONAL HUMAN RIGHTS LITIGATION AGAINST CORPORATIONS 16 20.01.2020 Welcome 1:30 – 2:15 With your instructor Miriam Saage-Maaß In: Rungestraße 18, (Johanniter Unfallhilfe e.V.)

17- 20.01.2020 Business and Human Rights in Context – Mapping the field 19 2:15 – 4:50 Assignments: • Daniel Augenstein, Managing Global Interdependencies through Law and Governance. The European Approach to Business and Human Rights

Additional Readings and Resources: • Judith Schönsteiner, Corporations and Social Rights, To be published in: Binder, C. / Hofbauer, J. / Piovesan, F. / Úbeda de Torres, A. (eds.), Research Handbook on International Law and Social Rights, Elsiever, Amsterdam,forthcoming 2019

20- 21.01.2020 Transnational Corporations and State Responsibility: From UNGP to the UN 21 9:00 – 10:30 Binding Treaty

Assignments: • Upendra Baxi, 2015, Human Rights Responsibility of Multinational Corporations, Political Ecology of Injustice: Learning from Bhopal Thirty Plus?, in: Business and Human Rights Journal Vol 1., p. 21 - 40

Additional Readings: • Penelope Simons, International law’s invisible hand and the future of corporate accountability for violations of human rights, in Journal of Human Rights and the Environment, Vol. 3 No. 1, March 2012, pp. 5–43

22- 21.01.2020 Litigation and Legal Practice – current developments and theoretical challenges 23 11:00 – 12:30 Assignments: • ECCHR, Holding Corporations Accountable, 2014, https://www.brot-fuer-die- welt.de/fileadmin/mediapool/2_Downloads/Fachinformationen/Sonstiges/Broc hure_HoldingCompaniesAccountable_Einzelseiten.pdf

Additional Readings: • Andrew Clapham, Non-State Actors, in: INTERNATIONAL HUMAN RIGHTS LAW, Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, & David Harris, eds., 2016.

24- 22.01.2020 Current Issues: Pesticides Litigation - Soft Law Mechanisms and civil litigation 25 9:00 – 10:30 (Guest Lecturer: Dr. Christian Schliemann)

Assignments: • L. Gomero Osorio, D. Murray, E. Rosenthal: Corporate Impunity in Taucamarca: 19 Years on, Still no justice, 2019 Busines and Human Rights Journal, 4(2) , 329- 336.

Additional Readings:

9 • Terwindt et al, Health Rights Impacts by Agrochemical Business: Legally Challenging the Myth of Safe Use, 2018 Utrecht Journal of International and European Law 34(2), 130-145.

26- 22.01.2020 Current Issues: German arms exports – challenges licenses and establishing criminal 27 11:00 – 12:30 liability (Guest Lecturer: Dr. Christian Schliemann)

Assignments: • UK NCP, Final statement, Privacy International v. Gamma International UK ltd.

Additional Readings and Resources: • Patrick Wilken, Outsourcing Responsibility – Human Rights Policies in the Defence Sector, 2019, Amnesty International

28- 24.01.2020 Current Issues: Corporations and International Criminal Law before national Courts 29 01:30 – 03:00 (Guest Lecturer: Cannelle Lavite)

Assignments:

• Claire Tixeire, Can the Lafarge case be a game changer? French multinational company indicted for international crimes in Syria, Business Human Rights Ressource Center Blogg, 2018, https://www.business- humanrights.org/en/can-the-lafarge-case-be-a-game-changer-french- multinational-company-indicted-for-international-crimes-in-syria • Bryk / Saage-Maaß, Individual Criminal Liability for Arms Exports under the ICC Statute: A Case Study of Arms Exports from Europe to Saudi-led Coalition Members Used in the War in Yemen, in: Journal of International Criminal Justice, 4/2019, p. 1 -21. Additional readings: • Kaleck / Saage-Maaß, ‘Corporate Accountability for Human Rights ViolationsAmounting to International Crimes’, 8Journal of International Criminal Justice (JICJ)(2010), 699-724 • Saage-Maaß, When does the coin flip from legitimate business behavior to criminal behavior, in: Criminal Law Forum 2018,

30 24.01.2019 Final Round: What can be achieved through litigation? 03:20 – 4:05 Assignment: • Michael Bader, Miriam Saage-Maaß, Carolijn Terwindt, Strategic Litigation against the Misconduct of Multinational Enterprises: An anatomy of Jabir and Others v KiK, in: VRÜ/WCL, 2/2019, p. 156 – 172. • Patricia J. Williams, Alchemical notes: reconstructing ideals from deconstructed rights, Harvard Civil Rights- Law Review, 1987, p. 404 - 433.

Additional Readings: • Anju Bhuwania, Courting the People, Public Interest Litigation in Post- Emergency India, 2017, p. 16 – 44. • Hoffman / Vahlsing, Collaborative Lawyering in Transnational Human Rights Advocacy, in: Clinical Law Review, 2014, p. 255 - 282.

10