International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.3 AL Subject: Exchange - Courses Status: For print

Courses on offer by the LAW Programme of The Hague University of Applied Sciences to Exchange / Visiting students

Academic Year 2016/2017

Course Name: Courses on offer LAW – The Hague Code: LAW ---- University Coordinator Hesther Calis Credits: --- ECTS Method: Host university arrangement Hours: ---

Assessment: Assessment and Exams of the Courses Duration: 1-2 semesters

selected by the Exchange / Visiting students Learning The Exchange aims at coordinating and Period: 1/2 and/or 3/4 goals & Legal facilitating the studying period for exchange /

Exchange Competences: visiting students in the International and European Law Programme (LL. B) of The Hague University and its international legal environment. Students are welcome to choose among the courses on offer in the present document.

Introduction The city of The Hague is an international city known as the Legal Capital of the World by the United Nations. Numerous prestigious international organizations have set up an office in The Hague for this reason. The International and European Law Programme (LL. B) of The Hague University of Applied Sciences enjoys this unique location for providing a courses tailored for an international career in law, taught by experts and experienced professionals in their respective fields which vary from International Public Law and European Union Law to Comparative Commercial Law and legal skills.

The LAW Programme welcomes students from other universities to have the opportunity to study here and integrate with our student population who represent more than 60 nationalities. The management and the Faculty members are dedicated to offer an enriching interdisciplinary learning environment for Exchange / Visiting students.

The LAW Programme operates on two main axes: internationalization and professionalization (the Skills Line) which are displayed throughout the curriculum by means of special sessions organized by the lecturers and through practical assignments. The courses offered by the LAW Programme to Exchange/ Visiting students provide for opportunities to further the development of legal skills with the aim of increasing the employability of students. All the courses are taught in English by lecturers with experience working in international organizations, such as the International Criminal Court, European Commission, Permanent Court of Arbitration, European Parliament, top Dutch and International law firms, EU agencies like Europol, and Eurojust. The Faculty is joined by academic researchers in International and EU law.

Important to mention is that the LAW Programme has been evaluated in a recently conducted accreditation of the Ministry of Education of the Netherlands as a high quality LL.B. programme surpassing the level of other LL.B. programmes in Law. A national student satisfaction survey (conducted by Elsevier) rated the LAW Programme of The Hague University as the best Bachelor of Law Programme of the Netherlands in September 2014. A student team of the LAW Program has also won the prestigious Telders International Law Moot Court in 2014.

Content Exchange or visiting students from Partner universities may choose to spend one or two semesters in the Law Programme of The Hague University, choosing to register for courses only listed in the present document.

I. Exchange / visiting students II. Selection of offered courses III. Recommended selections of courses when in The Hague University (LAW) IV. Summaries

The Hague University of Applied Sciences Johanna Westerdijkplein 75 - 2521 EN The Hague - The Netherlands 14-9-16 Page 1 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.3 AL Subject: Exchange - Courses Status: For print

I. Exchange / Visiting students

Exchange / visiting students are registered as students of the LAW programme and are coordinated and informed during their stay by Hesther Calis ([email protected]), Internship and External Relations Coordinator who is also the contact person with the Partner universities on exchange questions.

The subjects chosen by the Exchange / Visiting student, including those on the reserve list must be approved by the Partner university - sending institution, prior to the reception of the Exchange / Visiting student. This approval will not be withdrawn.

Transcripts of exam results will only be handed to the home institution if a student has complied with all our regulations for exchange students. The transcripts will be available no sooner than two months after the regular exam period at the end of each semester. No request for earlier processing of results can be granted.

II. Selection of offered courses

The course descriptions of the subjects possibly chosen by Exchange / Visiting students while at the LAW Program can be requested for helping the choice depending on the individual interests of the students for the best exchange experience possible. The Exchange coordinator can make here some suggestions of combinations which would be acceptable by both the exchange student and the Partner university.

The subjects shown in this document below are worth a certain number of ECTS (European Credit Transfer System) points. A full semester program should add up to 30 ECTS. We recommend not to choose a program of over 30 ECTS per semester

When putting down your subject choices one should also remember that each semester is split up into two: • Semester 1 = Quarter 1 and Quarter 2 (1st September 2016 – 5 February 2017) • Semester 2 = Quarter 3 and Quarter 4 (… February 2017 – 15 July 2017) (dates to be confirmed)

Please note: Most subjects are only offered once a year (Semester 1 or Semester 2) with some exceptions.

For Year 3 and Year 4 courses, priority will be given to Exchange / Visiting students. The Exchange Coordinator informs the lecturers in advance of the beginning of the course about the registration of Exchange / Visiting students in that course. The Exchange / Visiting students are informed in exact same way than The Hague University students about the course, assignments, exams and class participation.

In case of conflict in the timetables between courses offered within the same period, the Exchange coordinator would ask the Exchange student to choose at least two other subjects as a reserve.

All subjects should be confirmed by the Exchange student upon his/her arrival. The confirmation happens during the Introduction days for Exchange / Visiting students offered by the LAW Programme twice a year. For logistical reasons, Exchange / Visiting students are required to arrive approximately one week before the start of the semester for the Introduction days, which are compulsory.

Please note: Discussions are currently taking place with the faculty of International Business and Marketing Programme (IBMS) of The Hague University regarding the possibility for Exchange / Visiting students in the LAW Programme to take a selection of courses offered by the IBMS programme, in the form of a LAW & BUSINESS package of courses.

The Hague University of Applied Sciences Johanna Westerdijkplein 75 - 2521 EN The Hague - The Netherlands 14-9-16 Page 2 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.1 AL Subject: Exchange - Courses Status: For print

Each Year 1 and 2 course weighs 3 ECTS. The study load hours represent 84 hours for each course. Contact hours represent 7 lectures of 1 hour 45 minutes each and 7 workshops of 1 hour 45 minutes each (1 lecture and 1 workshop per week).

Each Year 3 and 4 course weighs 5 ECTS. The study load hours represent 140 hours for each course. Contact hours represent 7 seminars of 2 hours each (1 seminar per week).

In order to pass and collect the credits of a Year 1 or Year 2 course, students are required to pass a combination of one assignment (except Skills courses) during the quarter and one written exam of 3 hours at the end of the quarter.

In order to pass and collect the credits of a Year 3 or Year 4 course, students are required to pass two assignments during the quarter and one written exam of 2 hours at the end of the quarter.

* EU Moot Court, Telders Moot Court, New York MUN and ICC Moot Court are projects offered to The Hague University students. Exchange / Visiting students may inquire in advance after the possibility to participate in the team that is selected to represent the LAW Programme in these international programmes to compete against other universities. These projects can only be offered to Exchange / Visiting students who spend 2 semesters in the LAW Programme.

In addition:

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All the Exchange / Visiting students are invited as guests of the LAW Programme at the Employment Network Event. This Law Fair taking place in March or April each year is the largest law fair for International Law in The Hague. Workshops on professional and career development in an international legal environment (titled: “CV & Career”, “Cover Letter”, “Job Interviews”, “Professional networking online” and “CV Coaching day”) are offered to all the exchange students with The Hague students of the LAW Programme.

Exchange / Visiting students are also welcome to participate to the Brussels Trip and the Geneva Trip.

III. Recommended selection of courses when in The Hague University (LAW)

At The Hague University, we noticed that our students are successful in getting internships in 6 categories of employers after the studies: NGOs, embassies, Law Firms, International Organizations, EU Agencies, Governmental and Local authorities. Based on the experiences of graduates, here are some suggestions for selecting courses:

- International Criminal Law in The Hague - International Public Organizations in The Hague - Comparative Commercial Law (UK, Germany, France, USA, etc) in The Hague - Human Rights in The Hague - EU Agencies in The Hague

In addition, we recommend our legal Skills courses. Satisfaction surveys indicate that these courses are highly valued by internship providers. The competences obtained through the Skills courses allow students to immediately apply their legal knowledge in a workplace environment.

International Criminal Law in The Hague: Comparative Criminal Law, European Criminal Law, International Criminal Law, Individual Responsibility, ICC & other tribunals, Evidence, Terrorism, Use of Force, Core Crimes (Aggression & War Crimes), Core Crimes (Genocide & CAH), Rights of the Accused, ICL Procedures, Law & Practice.

International Public Organisations in The Hague: Public International Law, International Labor Law, International Organisations Law, Theory & Sources of International Law, Civil & Political Rights, Environmental Law, Law of International Organisations 2, NATO & International Security, Refugee Law, Social & Economic Rights, Gender & Law, Enforcement of International Law.

Comparative Commercial Law (UK, Germany, France, USA, etc) in The Hague: Advanced Corporate Law, International Trade Law, Property Law (Comparative, Principles and Rules of Investment Law, Contract Drafting, Internet Law, Corporate Social Responsibility, Arbitration, Principles and Rules of Tax Law, Private International Law 2, Multinationals & Corruption, International Taxation, Intellectual Property Law 2, Tort & Business, EU Energy Law, EU Company Law, Competition Law, Investment Dispute Settlement, Insurance Law, Maritime & Transport Law, Law & Economics.

Human Rights in The Hague Human Rights Law, International Labor Law, Human Rights Enforcement, Courts & Litigation, Civil & Political Rights, Environmental Law, Gender & Law, Social & Economic Rights, Family Law 2 (Comparative), Law & Ethics.

EU Agencies in The Hague Administrative Law (Comparative), EU Public Law, European Criminal Law, Internal Market Law, Competition Law, EU Employment Law, Internal Market Law 2, Competition Law 2, EU Sport Law, EU Company Law, EU Consumer Protection, EU Foreign Relations Law, EU Tax Systems Compared, EU Energy Law.

Skills Courses Skills 5 (Legal Analysis 2), Skills 6 (Legal writing 2), Skills 7 (Representing 2), Skills 8 (Decision- Making 2).

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IV. Summaries

- Year 1 courses on offer

Public International Law This is an introductory course in public international law. It starts with the question why we need to study international law and how international law interacts with domestic law. The course will address sources of international law and subjects of international law (states, international organizations and other actors). Following those foundational issues, the students will study many of the crucial issues in international law such as territory, jurisdiction, immunities, use of force, state responsibility, diplomatic protection and dispute settlement. The course is intended to provide students with an understanding of the structure of the international legal system and basic principles underlying legal relations between states, international organisations and other actors in the international law arena. As such, it provides the critical concepts that will facilitate an understanding of many of the courses to follow. For example, the course will expose students to the law of treaties which is necessary for understanding human rights law; the law on subjects of international law is necessary for understanding European law; and so on.

Teaching aims: In its role as a first introduction to public international law, the goals of this course are for the student to be able to: - Recall and restate the basic principles and rules of international law - By reading the Nicaragua judgment, familiarise him/herself with how ICJ judgments are structured, distinguish obiter dicta from ratio decidendi, and extract and interpret the most relevant passages from a judgment according to the assigned topic. - Retain knowledge of the process of legal analysis and replicate the basic process of legal analysis by locating acts and legal sources relevant to an analysis of issues of international law

Example of Assignment: This assignment assesses your legal analysis skills and revolves around the judgment of the International Court of Justice (ICJ) on Jurisdictional Immunities of the State (Germany v. Italy) of 2012, which is available at http://www.icj- cij.org/docket/files/143/16883.pdf . For this assignment, you should write an essay of 1,000 words maximum (see formatting instructions in the margins) that contains an introduction, body and conclusion. The body of the essay should: 1. Identify the judicial organ where this case was submitted and the jurisdictional basis that allowed it to hear the case. 2. Explain the background of the case, that is, why Germany and Italy are in disagreement. 3. List the various sources of international law specifying which ones are subsidiary in nature. (Hint: do not forget to mention the article where the list of sources is found). 4. Identify (1) the source of law on which the Court based its decision and why it relied upon this source as opposed to others (i.e. treaties); (2) name and define the two elements that the Court had to establish to prove the existence of this source and, (3) give one specific example of evidence of state practice that the Court used. 5. Explain what a jus cogens norm is and what its hierarchical position is in international law. Then, read paragraphs 92-97 of the judgment and explain why the Court found that the applicability of the law on State immunity was not affected despite the fact that the proceedings before the Italian courts involved violations of jus cogens rules. 6. Summarize the final decision reached by the Court concerning the main legal dispute. Do not forget that the body of this essay needs to be preceded by an introduction and followed by a conclusion. You are expected to spend a minimum of 15 hours working on this assignment.

Constitutional Law (Comparative) The State is an important entity within the field of international law. The State that is being discussed in this course is the socio- political entity that holds sovereignty over a territory. This sovereignty leads to certain obligations concerning governance and the distribution of power. This course will deal with issues regarding Statehood and Governance and with accomplishing checks and balances within the State. Before a State can be defined as a State, certain conditions have to be met. First of all a State must have a population, a territory and an effective government. Secondly the State must be able to enter into relations with other States. These interstate relations mostly show in the State’s ability to join international organizations and the ability to sign treaties. Within all democratic State systems a system of checks and balances is introduced in order to guarantee distribution of power. The French Revolution has introduced us with a system known as the ‘Trias Politica’, in which legislative, executive and judicial powers are separated. This course will give an overview of how different States have organized themselves in their Constitutions. Besides the European Union constitution, constitutions of different forms of States and polities like the EU will be discussed in the lectures and workshop lectures. There will be a particular focus on the constitution of legislative and executive power within the State.

Teaching Aims: - To enable students to understand the key concepts of Constitutional Law; - To prepare students to read, find and understand Constitutional Law instruments as well as case law of various judicial bodies at the international, regional and national level.

Example of Assignment: In the Same Sex Marriage and Adoption Decision, the French Conseil Constitutionnel (CC) made certain important legal findings. Read paras 1, 17-31 and the dispositive part of the decision of the French Conseil Constitutional in the same sex marriage decision, available at http://www.conseil-constitutionnel.fr/conseil-constitutionnel/english/case-law/sample-of-decisions-in-relevant- areas-dc/decision/decision-no-2013-669-dc-of-17-may-2013.137411.html

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Write an essay analysing the decision. In your analysis you should take the following steps; Introduction: - Who made the decision and when? - What legal basis was the process moved? Main part: - what were the sources of law used by the Conseil Constitutionnel in its analysis? - identify and explain the hierarchy among the sources used and referred to - identify the main arguments in the reasoning of the Conseil Constitutionnel on the basis of which the decision was made - identify the limits to the power of judicial review postulated by the Conseil Constitutionnel (CC) Conclusion: - What did the Conseil Constitutionnel decide and whether you consider the conclusion sufficiently reasoned.

Criminal Law (Comparative) This course begins with an examination of the reasons for having a criminal justice system and the goals to be achieved by such a system. What should be criminalized and the goals of punishment are reviewed before going on to review basic principles of substantive criminal law which are common to most national and international legal systems. The second half of the course is then focused on examining the different procedural approaches to achieving justice in national and international legal systems. Throughout the course, various legal traditions are examined to explore the different ways in which they approach the task of applying criminal laws to those who are suspected of crimes or have been charged with crimes.

Teaching Aims: Drawing on the IRAC approach (Issue, Rule, Analysis, Conclusion), students will draw on their competence for legal analysis and develop the competence of giving legal advice on the basis of legal analysis by - Gathering all the facts to allow him/her to weigh the arguments of the parties, - Exploring and applying basic concepts and principles in the field of criminal law, - Following a comparative methodology engaging different national and international legal systems and sources of law. Students will learn how to - Issue advice on the basis of known facts, - Provide advice that is tailored to the client, - Apply appropriate formal requirements to the advice, - Weigh up the relevant interests when providing advice, - Take account of the legal interests/consequences of the advice in a simple and structured case.

Example of Assignment: You are working as a legislative aid to an MEP. The MEP has been appointed to a commission, which will create a survey of various criminal principles and laws in the EU and member States of the Council of Europe. In particular, the Commission is creating a database to compare principles of criminal law and certain criminal offenses with a transborder dimension. The purpose is to provide a basis for a possible harmonization of European criminal law and to develop a unified European Criminal Law. To assess the prospects of such a legal harmonization, it is considered important (1) to establish which principles are upheld by the various national criminal legal systems and how these principles are understood and (2) to clarify which crimes with a (potential) transborder dimension have been incorporated in national laws. You have been asked by the MEP to locate your own home State’s national legal system online or in a library and to identify two principles of criminal law and two crimes with a (potential) transborder dimension. With regard to the latter task, you may draw on the textbook: Dammer (3rd edn), chapter 1, p. 6 and chapter 14, pp. 358-364. Draft a memorandum with the following elements: (1) Two principles: Identify and explain two principles of criminal law with reference to the criminal code(s) of your country (or its constitution or any other law as the case may be). (2) Two crimes: With reference to the criminal code(s) of your country identify and analyze two crimes with a potential transborder dimension; be sure to include in your analysis as many of the concepts we discuss in class. (3) Advising: Advise the MEP on, in your view, potential benefits of a harmonization based on your findings under (1) and (2). In particular, a. Comparison: Compare your findings with relevant provisions of the Model Penal Code and identify similarities, differences and/or gaps, as the case may be. b. Analysis: Identify possible advantages but also potential obstacles on the way toward the harmonization of European criminal law. c. Recommendations: Identify possible steps to be taken by the European Parliament, including those to overcome obstacles identified. Your memorandum should be clearly structured and you must properly reference your criminal code(s) or other relevant laws with citations complying with OSCOLA. Any sources you may use should be referenced in footnotes and in a bibliography. If the relevant statutes of your legal system are not accessible in English (e.g., at the Peace Palace Library), you may then select another country whose laws are reasonably accessible.

Administrative Law (Comparative) Administrative Law is a branch of Public Law. It governs the establishment and operation of the agencies of public administration. In this course, powers and competencies of the agencies will be reviewed. Administrative agencies play a significant role in defining the rights and duties of the public. It should be noticed that these competencies are applied unilaterally without prior approval of the citizens. Therefore, it is important to find their basis in the statutory rules. The course also covers the basic tools used by agencies, such as rulemaking and adjudication, as well as the procedural and substantive rules that limit and guide the use of these tools. In this course the legal relationships between the agencies, other government bodies, and the public at large will be reviewed.

Teaching Aims:

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Learning goals of this course are: understanding of structure of administrative agencies and their competencies, understanding the applicable rules; understanding the administrative actions as well as judicial and non-judicial mechanisms; ability to apply the relevant rules for resolving problems, and ability to think critically on administrative law. The purpose of this course is to introduce students to the essentials of Administrative Law through a review of some basic rules.

Example of Assignment: In Hrania, a country with 78 million citizens, the parliament has adopted a law that grants citizens the right to food stamps if their income is below subsistence level. The food stamps will allow people to buy food in supermarkets at a discount. The law does not specify the administrative organ that will be responsible for the implementation of the new law. Hrania is a unitary state, meaning the constitution only allocates powers to the central government. The constitution does not specify a division of tasks or subject areas for the various ministries. Within the government the Ministry of Social Affairs has been allocated income, poverty and food policy areas. The municipality as an administrative body has been created in the constitution of Hrania. The Municipality Act awards general administrative powers to the municipalities. The General Benefits Act awards administrative powers to the municipality in relation to general benefits (income support). Other laws provide the municipality with administrative powers in relation to combating poverty, preventing homelessness, and social support. In most municipalities that are responsible for the General Benefits Act an NGO called Food Bank Initiative (FBI) is active in providing people with food if their income is below subsistence levels. The NGO is financing their activities with monetary donations from private citizens as well as food donations from supermarkets and food producing companies. The NGO has expressed an interest in becoming involved with the food stamp program. Your task is to advice the minister in a memorandum on the best administrative organ where to allocate the administrative power to implement this new law. - To do this you will have to explain first what methods there are for allocating administrative powers and what these methods entail. - Secondly you will have to explain what choices there are in selecting an administrative organ (new, old, other), including the advantages and disadvantages. - On the basis of your findings advice the minister what in your view would be the best solution. Please take into consideration how it will fit the existing legislative framework described above.

Human Rights Law The course Human Rights Law will offer the students an introduction into International Human Rights Law. The course will take the students from the history of Human Rights Law, to the application of substantive human rights at the national and international level. The course deals with two introductory classes in which the history of human rights development will be discussed, as well as the various means of human rights protection (or monitoring/enforcement). In the lectures three through seven the classes will deal with substantive rights, ranging from the right to life to the right to education. The specific rights have been selected with the purpose of clarifying the most common mechanisms and levels of human rights protection. The right to life and the prohibition of torture for instance belong to the so-called non derogable rights, whereas the right to private and family life allows derogations under certain circumstances. The right to education finally can be used to explain that certain rights create positive obligations in which case the government is called upon to act, rather than to refrain from acting, in order to (fully) achieve the right. In the course Public International Law, the individual is discussed as subject of international law. Human beings have rights and obligations under international law. When obligations are violated lawyers can classify that within the subject of international criminal law and humanitarian law. When the (human) rights of individuals, such as life, liberty and welfare are violated, the individual may seek justice at an international court or claim rights at the national level while referring to international treaties.

Teaching Aims: 1. To enable students to understand the key concepts of Human Rights Law; 2. To prepare students read, find and understand Human Rights instruments as well as case law of various judicial bodies at the international, regional and national level; 3. To learn and practice case solving techniques.

Example of Assignment: In Country X, a member state of the Council of Europe, the government consists of a two party coalition of Conservatives and Christian Democrats. The minister of Defense is a member of the Christian Democrats. She is married and has three children. One of the largest tabloids in the country is called Picture. They have reliable information that the minister of Defense is cheating on her husband. Picture has obtained a photograph in which the minister is seen in a loving embrace with her spokesperson within the ministry. The photograph was taken by a soldier in a bar during a visit to the UN lead mission in Mali. Picture tries to get a response from the minister for a more balanced story. The minister refuses to comment. Two days before Picture containing this story will be on sale, Picture (as a legal entity) receives a summons to appear before the district court. The minister wants to prevent Picture from publishing the photograph. She is basing her claim on the Torts and Defamation Act 2011. In the summons the minister argues that her privacy, and the privacy of her spokesperson are at stake. That Picture is a “sensation seeking tabloid” that does not contribute to any relevant public debate. And that her interest, and the interest of the society as a whole is best served with a prohibition on the publication of the article. She is worried about the impact the story will have on her marriage, her children and her (political) reputation. Before the court Picture argues that they have freedom of the press, which is covered by the right to freedom of expression. That, although the pictures are private in nature, they contribute to the public debate. First of all because the minister is seeing someone who is her subordinate. Secondly because she is a member of a Christian party that holds family values dear. Thirdly because she, as minister of Defense, has certain knowledge that the public should feel is safe in her hands. You are to write a (draft) decision of the district court. You are requested only to draft the substantive part (merits) of the judgement. In order to do this you… 1. need to identify the applicable law. 2. need to identify the position of both parties. 3. need to decide in favor of one of the parties on the basis of the applicable law and case law. Grading will be based on legal analysis (50%) and the period specific competence

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Property Law (Comparative) Property law is the law that pertains to the rights that a person has vis-à-vis third parties in respect to an object. In particular, two different types of property fall in the realm of property law: tangible and intangible properties. Examples of tangible (corporeal) property are land (immovable property) and goods (movable property) and examples of intangible (incorporeal) property are obligations and intellectual property rights. More in particular, property law deals with questions about what is a property right, what are the different types of property right and how can a property right be created, acquired, protected, transferred and destroyed. Even though property law has been and still is considered an area of law that has its roots in national law, several attempts have been made to unify and harmonize property law at international and European level in different ways (e.g. via binding international instruments, European Directives, soft law instruments or academics initiatives). This course will study and provide students with a basic comparative knowledge of the leading principles and rules of property law in both common law (England and Wales) and civil law legal systems (France and German). The basic principles of intellectual property law will also be introduced. This course will focus on the historical development of property law in the common law and civil law traditions and the recent attempts to harmonize property law at international and European level. Furthermore, under common law systems students will gain a basic understanding of property rights in respect to land and in respect to goods by looking at English and Welsh case law. By comparison, students will examine the dichotomy between possession and ownership and the types of property rights over immovables and movables in the French and German legal systems. Finally, the different steps of the life cycle of property rights from their creation to their destruction will be examined.

Teaching Aims: Upon completion of this course, a student should be able to: 1. Understand and apply the fundamental principles and rules of property law in both civil law (France and Germany) and common law (England & Wales) legal systems. 2. Understand the basic differences and similarities between common law and civil law legal systems with regard to property law. 3. Develop the ability to identify the legal issues related to property law and make decisions weighing up the relevant interests in a simple structured case, with supervision and instruction and no urgency.

Example of Assignment: In Country X, a member state of the Council of Europe, the government consists of a two party coalition of Conservatives and Christian Democrats. The minister of Defense is a member of the Christian Democrats. She is married and has three children. One of the largest tabloids in the country is called Picture. They have reliable information that the minister of Defense is cheating on her husband. Picture has obtained a photograph in which the minister is seen in a loving embrace with her spokesperson within the ministry. The photograph was taken by a soldier in a bar during a visit to the UN lead mission in Mali. Picture tries to get a response from the minister for a more balanced story. The minister refuses to comment. Two days before Picture containing this story will be on sale, Picture (as a legal entity) receives a summons to appear before the district court. The minister wants to prevent Picture from publishing the photograph. She is basing her claim on the Torts and Defamation Act 2011. In the summons the minister argues that her privacy, and the privacy of her spokesperson are at stake. That Picture is a “sensation seeking tabloid” that does not contribute to any relevant public debate. And that her interest, and the interest of the society as a whole is best served with a prohibition on the publication of the article. She is worried about the impact the story will have on her marriage, her children and her (political) reputation. Before the court Picture argues that they have freedom of the press, which is covered by the right to freedom of expression. That, although the pictures are private in nature, they contribute to the public debate. First of all because the minister is seeing someone who is her subordinate. Secondly because she is a member of a Christian party that holds family values dear. Thirdly because she, as minister of Defense, has certain knowledge that the public should feel is safe in her hands. You are to write a (draft) decision of the district court. You are requested only to draft the substantive part (merits) of the judgement. In order to do this you… 1. need to identify the applicable law. 2. need to identify the position of both parties. 3. need to decide in favor of one of the parties on the basis of the applicable law and case law. Grading will be based on legal analysis (50%) and the period specific competence of decision making (50%).

- Year 2 courses on offer

Family Law (Comparative) The course deals with the various sources of family law in different jurisdiction. Each week will discuss a different area of family law centered on the three fundamental pillars of family law around the world: adult relationships, parent-child relationships and financial aspects of such relationships. During the lectures, the main structure and principles of a particular area of family law will be discussed. The main aim of the lectures is to introduce students to the basic tents, after which they will be better equipped to discuss landmark cases in family law during the workshops. The workshops are, therefore, intended to further expand upon on the principles introduced during the lectures by means of in-class exercises designed to spotlight critical family law issues in different regions of the world and explore the diversity of approaches to resolving them, among them will examine the human rights concerns encountered by many aspects of Family Law. Students of the Family Law course will develop an understanding of the basic problems facing family law throughout the world. Reference will be made to many different legal systems throughout the course, including various European jurisdictions, as well as the Inter-American jurisdiction.

Teaching Aims:

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Students of the Family Law course will develop an understanding of the basic problems facing family law throughout the world. Reference will be made to many different legal systems throughout the course, including various European jurisdictions, as well as the Inter-American jurisdiction.

Example of Assignment: Fact Pattern Alberto is 21 years old. He grew up in Portugal. After his 21st birthday, he discovered that his father was not his biological father. His parents had encountered difficulty during their attempts to have a baby and had resorted to artificial insemination techniques. They had used a sperm donor from Portugal. The Portuguese authorities had recorded the sperm donor’s name, but the sperm donor wished to remain anonymous. Alberto has been diagnosed with a rare spinal condition, for which he requires a bone marrow transplant. He wishes to find out who his father is, in order to identify whether any of his biological relatives might be able to donate bone marrow. The sperm donor bank that his parents used refused to provide Alberto with the information he desired, claiming that the privacy laws currently in force in Portugal prevent this information from being issued. Alberto filed a petition before the Portuguese courts. His petition was refused; in refusing his petition, the judge cited the rights of the sperm donor to remain anonymous. Alberto appealed to the Court of Appeal and ultimately to the Portuguese Supreme Court, all to no avail. The decision remained the same. Content of the assignment Alberto has now contacted your law firm in Lisbon specialised in bringing cases before the European Court of Human Rights in Strasbourg. Your supervisor wishes to have a legal analysis of the current case law with respect to this issue. She wants a 1,500-word summary on the current state of the case law from the European Court of Human Rights with regard to the issues raised in this case. Make sure that you provide her with all the references to the cases and academic articles that you cite so that she can access this information using the firm’s online database. When writing your analysis, ensure that you DO NOT simply repeat the facts of all the relevant cases, but instead provide a legal analysis of the relevant cases, as well as the legal principles that can be distilled from these cases. Your analysis should be no longer than 1,500 words. Please ensure that you submit your analysis with respect to following formatting requirements.

EU Public Law This course will present a selection of the main themes of European Union Public Law. It will focus on the founding principles of European Union law, most notably direct effect and primacy, which make it so unique and which have resulted in its supranational nature. In addition, this course will deal with the relation between the European legal order and the legal orders of the member states, state liability, the central role of fundamental rights, and relations between the EU and international legal order. Due to the central role of the CJEU in all this, the analysis and understanding of the CJEU’s case law is essential for this course. In a stimulating setting students are challenged to actively engage in extending their knowledge of several themes of European Union Public law, providing a solid basis for a further deepening thereof in other courses.

Teaching Aims: At the end of the course, students have 1. Deepened their understanding of the scope and subject matter of European Union Public Law; 2. Become familiarised with the most recent scholarly, legislative and policy developments in the field of constitutional and administrative law of the EU; At the end of the course, students can 3. Read, understand and apply the relevant provisions of the EU Treaties, of secondary EU legislation and of the case law of the CJEU in relation to the themes of European Union Public Law that are discussed throughout this course.

Example of Assignment: In 2003 the UK is swept by an epidemic of Frisky Lamb Disease which causes excessive friskiness in lambs, leading to premature death. Scientists believe that there could be a significant risk of transmission of this disease to human beings through consumption of affected meat. The European Commission adopts a Regulation banning all exports of lamb from the UK to other Member States. Following a slaughter and vaccination policy, however, the Commission’s scientific committee concludes that British lamb flocks are 100% free of Frisky Lamb Disease. By a further Regulation the Commission lifts the ban on UK exports and restores the previous position of free movement insofar as the exported lamb has been slaughtered in accordance with new conditions laid down by the Regulation. However, the French Government states that it is still not satisfied and imposes a ban on all imports of British lamb to France. Adam is a UK meat exporter who previously did most of his trade in France. He is now obtaining his lamb through complying abattoirs and still cannot sell it to France. He is losing money every day. Write an essay discussing whether Adam can bring an action for his losses against France.

European Criminal Law This Course provides a comprehensive overview of the guiding principles, key concepts and legal instruments adopted by the Council of Europe and the European Union in the area of criminal justice. It also covers the role of the European Court of Human Rights and of the Court of Justice of the European Union with regard to the protection of the fundamental rights of individuals. The Course starts with an introduction to the origin and to the first legal instruments of judicial cooperation in criminal matters adopted by the EU and the Council of Europe. It focuses on the increasing role of the European Union in this field with the setting up of and further developments in the Area of Freedom, Security and Justice. The leading role of the European Court of Human Rights in the protection of the fundamental rights of suspects and victims of criminal offences is examined in detail. Current competences of the Court of Justice of the EU in the protection of fundamental rights after the Treaty of Lisbon and on the basis of the Charter of Fundamental Rights of the EU are also covered. Three main elements are analysed afterwards. First, the legal instruments of police judicial cooperation in criminal matters adopted by the Council of Europe and the European Union, and the practical application of such legal instruments by the national authorities of the Member States. Second, the policy measures and legal instruments aimed at ensuring certain harmonisation of criminal offences and sanctions related to certain forms of serious crime. Third, the mission to be carried out by the EU agencies

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(Europol, Eurojust, Frontex, eu-LISA and others, as OLAF) and networks (European Judicial Network, the Expert Network on Joint Investigation Teams) with competences in the area of criminal justice. The course ends with an analysis of the Commission proposal for the setting up of a European Public Prosecutor’s Office, and of further developments in the Criminal Justice Area in the light of the Treaty of Lisbon and the new multi-annual programme replacing the Stockholm Programme.

Teaching Aims: 1. To enable students to understand the guiding principles and key concepts in the area of Criminal Justice in Europe, including the origin and further developments of this policy area by the Council of Europe and the European Union. 2. To prepare students to read and understand the legal instruments adopted by the Council of Europe and the European Union in the area of Criminal Law, as well as the case law of the European Court of Human Rights and the Court of Justice of the EU in this area. 3. To develop the students’ ability and skills in order to ensure correct application, in practice, of the European legal instruments, European case-law and national legislations adopted by the Member States

Example of Assignment: The principle of mutual recognition was originally developed by the CJEU under the law of the internal market in Case Cassis de Dijon. However, following a cross-pillar approach, it has served as one of the cornerstone concepts in the law of the area of freedom, security and justice. - Is this principle defined in the TFEU? - Which are the legal characteristics of this principle with regard to its application in the area of freedom, security and justice? - Does mutual recognition require harmonization of national criminal procedure rules? - Does mutual recognition abolish the requirement for double criminality? - Is the principle of mutual recognition absolute? Discuss the exception to this principle.

International Labor Law International labor law stands at a major confluence of economics, ideology, politics and sociology. The conflict between labor and capital has been a primary driver of change in the geopolitical landscape since the industrial revolution. The primary purpose of labor law is providing order and stability at this convergence of societal pressures. Labor law is the international legal mechanism for regulating the exchange between labor and capital. International labor law also serves the purpose of identifying and operationalizing basic concepts of worker protection as well as supporting improved labor conditions around the world. This course will identify and explore basic principles of labor law. The fundamental concepts of labor law will be examined primarily in the international legal context. Supporting materials will demonstrate how the same principles are treated in both regional and domestic legal regimes. The course work will focus on the basic elements of labor law by first introducing the subject in light of the political, economic, social changes since the industrial revolution. The subject area will be further defined with respect to the variety of labor/capital relationships that may or may not be indicative of a labor contract. The student will be introduced to the legal sources of labor law and asked to compare and contrast both the sources and basic legal principles as they appear in the various sources. Next, the various roles of government in labor law will be reviewed. Considerable class time will be devoted to the critical concepts of freedom of association, collective bargaining and collective agreements, as well as fundamental rights in the work place. In addition, a lecture will focus on unfair dismissal and the various legal mechanisms for resolving labor disputes. The last lecture will address child labor and forced labor.

Teaching Aims: 1. Identify, interpret and classify fundamental concepts of labor law, primarily through an international legal perspective, with direct relevance to most domestic systems. 2. Develop legal reasoning skills by comparing and contrasting, as well as debating and critiquing labor law issues at the international, regional and domestic law level. 3. Develop the ability to identify legal issues related to labor law and provide a legal advice tailored to the client and with the appropriate formal requirements that weighs up the relevant interests in a simple and structured case with interim supervision and no urgency.

Example of Assignment: The Republic of India is one of the founding members of the ILO. To date, India has only ratified four of the eight ILO Fundamental Conventions, more specifically ILO Conventions Nos. 29, 100, 105 and 111. For political reasons, it has refused to ratify the ILO Conventions on freedom of association and collective bargaining (Nos. 87 and 98) and on child labor (Nos. 138 and 182). On 28 September 2014 new elections were held in the country. The conservative party won the elections with 40 million votes more than the Socialist party, which had ruled the country since 2006. Following the change in the government, the ‘All India United Trade Union Centre’, a trade union historically linked to the Socialist party, began its protests and called a one-week strike in protest against the newly elected government. More than 2 million people participated in the strike (the first strike). A decision by the civil court declared the strike action illegal in accordance with Indian legislation, which prohibits this type of strike. The judicial decision also led to the dismissal of three trade union leaders from their place of employment. Ten days later, ‘All India United Trade Union Centre’ decided to call a strike following the government’s decision to cut the funds for wages in the railway sector at the end of 2014 (railway strike). However, by calling this strike, the trade union breached the peace obligation that was included in the national collective agreement to which it was a party. For this reason, a civil court sanctioned ‘All India United Trade Union Centre’ by ordering the closure of its premises. This sanction was in accordance with Indian legislation, which prescribes that the parties to a collective agreement can include a peace obligation and the party who breaches it will be sanctioned. There are no exceptions to this rule as the signatory parties can have recourse to voluntary arbitration in case of disputes over the application of the collective agreement. Finally, following this wave of protests, on 30 October 2014, the same trade union went on strike (The New Delhi strike) in support of the strike called by a Bangladesh trade union. The Bangladeshi strike was a reaction to the death of 200 people in a factory fire in Dhaka and was directed at putting pressure on the employers’ organization to continue the negotiations for a collective agreement in the garment sector. However, the Bangladeshi strike was called without respecting the compulsory notice period of 5 days required under the Bangladesh legislation. A decision of the Indian civil court declared the strike action in New Delhi illegal in accordance with Indian legislation, which prohibits this type of strike.

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You are a young legal professional working at White and Case, an international law firm in New Delhi. The ‘All India United Trade Union Centre’ would like to file a complaint against India before the Committee on Freedom of Association. The trade union requests your advice as to its ability to bring a complaint. In addition, trade union seeks advice regarding the compatibility of Indian legislation, as reflected in the three court decisions above, with ILO standards. Please remember that the advice needs to be tailored to the client. Before giving the advice, write an Explanatory note to your tutor in which you:

Internal Market Law This course tackles the main aspects of the internal market of the European Union. The starting point of the course is the economic and legal rationale of the internal market, including its evolution and the stages of economic integration, the benefits of having free trade. The general principle of non-discrimination on grounds of nationality is of special interest as it underpins the internal market and its freedoms. This is followed by an in-depth discussion of the four freedoms of the internal market - free movement of goods, persons, services and capital. Free movement of goods occupies an important part of the course with a focus on tariff and non-tariff barriers to trade and prohibited discriminatory taxation. The most challenging part of the course is dealing with the various definition of measures having an equivalent effect to quantitative restrictions. Free movement of workers has always been one of the key issues on the agenda of the European Union. Since the creation of the Communities in 1950s, it came a long way from movement of workers to movement of persons. Now there are important question to be answered concerning the rising number of migrant works moving from East to West and from South to North amongst soaring unemployment in all EU MS and an increase in anti-EU feelings. Next, the course focuses on the distinction between the right of establishment and freedom to provide services. The special focus on case solving aims to give insight into the application of the EU free movement law. The case law of the Court of Justice on the four fundamental freedoms is thoroughly studied.

Teaching Aims: 1. To discuss and analyse EU substantive law and the four fundamental freedoms (free movement of goods, persons, services and capital); 2. To understand and apply key concepts of internal market in the practical, everyday problems faced by the individuals and the businesses; 3. To find and understand the law in the case law of the Court of Justice.

Example of Assignment: Denmark adopted a new statute introducing a minimum price for alcoholic products suitable for human consumption. The fixing of a minimum price is linked to the units of alcohol contained in the respective beverage. The Dutch company Thirst that specializes in offering wine and other spirits to consumers has been fined by Danish authorities for selling newly created Dutch alcoholic beverages in Denmark below the required minimum price. Write a letter of advice establishing whether Denmark violated EU law by adopting a statute regulating the minimum pricing for alcoholic products. In your answer, make reference to the relevant case-law.

Advanced Corporate Law Advanced Corporate Law builds further on earlier acquired knowledge concerning corporations; it discusses legal issues in corporate law and their legal policy aspects from a comparative law perspective with a focus on the laws of the dominantly influential jurisdictions in and outside Europe, being Germany, the UK and the US. Topics include corporate governance structures (internal and external control mechanisms), the interaction between the several organs of a company, and decision-making mechanisms. Students will look into legal issues deriving from the interaction between the organs of the company, for example the interaction between the board of directors and shareholders or between several shareholders: matters of representation, conflict of interests, liabilities and voting among shareholders will be discussed.

Teaching Aims: At the end of the course, students have 1. deepened their understanding of the scope and subject matter of comparative corporate law; 2. furthered their ability to identify the main legal issues relating to corporations in the legal systems under discussion 3. deepened their understanding of the differences and similarities between corporate law approaches in the legal systems under discussion 4. studied the main legal issues relating to advanced corporate law from a comparative law perspective by studying their text book and examples of corporate legal issues in case law At the end of the course, students can 1. read and understand the relevant provisions of company law in the legal systems under discussion 2. identify legal issues within the field of advanced corporate law and provide for an analysis of how these should be approached 3. independently assemble, assess and apply relevant facts, legislation and case law in order to solve issues in the field of comparative corporate law.

Example of Assignment: FreshTeaLeafs Inc. is a UK public company. Theodore Mintz, Clementine Lasser and Philip Walden are managing directors and together they form the management board of the company. Also, all of them are shareholders of the company. Theodore Mintz holds 65% of the shares, Clementine Lasser holds 5% of the shares and Philip Walden holds 25% of the company's shares. The remaining 5% of the shares is been publicly traded on the UK Stock Exchange. Green and yellow tea has become increasingly popular with customers and the management board is looking for ways to increase and improve the production of green and yellow tea in order to improve revenues. At a management board meeting Theodore Mintz successfully persuaded Philip Walden to vote in favor of a proposed contractual agreement with HighQ SenCha, a company established in Japan. Under the contract FreshTeaLeafs Inc. would purchase a new type of machinery, which should supposedly enable the efficient production of green and yellow tea. After 6 months, Philip Walden discovered that the managing director of HighQ SenCha, Kuroda Taiki and Theodore Mintz made a deal; if Theodore would succeed in getting the shareholders to approve the proposal on contracting with HighQ Sencha, Kuroda Taiki would pay Theodore a fee of £10.000.

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FreshTeaLeafs Inc. has paid a purchase price of £50,000 for the machinery. It appears that the market price was actually £20,000 less. Philip Walden wants to individually attempt to recover the company's losses. He is thinking of challenging Theodore Mintz's conduct but does not know how. Also, he wonders whether he must wait until the other shareholders have decided what to do. He seeks the advice of law firm Haganum International, which has offices in Delaware, London and Düsseldorf. You are working at the law firm as a junior lawyer. Your supervisor (a senior lawyer) requests your support in this file. He asks you to provide him with a legal analysis to explore the possibility of a derivative claim for Philip Walden as a shareholder. You are asked to look at the current applicable legal framework under UK company law and apply it to client’s issue. You should clarify under legal arguments what Philip Walden’s position is and what he could do. Tailor your legal analysis to the client.

International Trade Law International trade is influencing many aspects of modern life. Across the world, consumers purchase and use products and services produced in or originating from other countries and subsequently delivered to the country of use. Economic theory demonstrates that by creating 'one' world market, producers, or even whole countries, can specialize in certain products leading to maximized quality and low prices. International trade law deals with the legal aspects of this global distribution of products and services, the rights and obligations that states (and sometimes multi-national corporations) have in that respect, and the World Trade Organization (WTO), being the key international organization in the field. The course introduces the students to the main elements of international trade law and requires them to solve cases of contemporary global trade issues. As the central body of law that provides both the substantive and procedural legal framework, the law of the WTO is studied, including but not limited to the Marrakesh Agreement, the GATT 1994, various special agreements and the TRIPS. As such, the institutional aspects of the WTO will be discussed, building on the course on Law of International Organizations. Subsequently the WTO dispute settlement mechanism will be discussed. The WTO dispute settlement mechanism has produced a jurisprudence that allows insight in the substantive areas of non-discrimination, market access, unfair trade, liberalization of markets and harmonization of rules within markets. These subjects form the subsequent content of the course. Non-discrimination is the central idea of trade law, resulting in two main obligations of states: to treat foreign traders and/or their products equally or according to the standards of the most-favored-nation, and the obligation to treat foreign traders and/or their products not less favorable than the national producers and their (similar) products. Treatment includes tariff barriers, other tax measures, statutory requirements on product quality, marketing, administrative establishment of a business, etc. Market access and unfair trade (dumping and state aid) are two other important areas of discussion that shape the understanding of the objectives of the WTO and the application of the legal rules. Equally interesting and challenging are the subsequent subjects of the course dealing with the balance between liberalization of markets and justified interests of societies, as well as the mechanism of harmonizing legal rules within the jurisdictions of the states, including the TRIPS, known to the students from the course on International Intellectual Property Law.

Teaching Aims: Upon completion of the course students will understand: 1. The objectives of the multilateral trading system. 2. The international legal framework in which trade between nations takes place. 3. Key non-trade issues affecting WTO negotiations. Upon completion of this course, a student should be able to: 4. Identify and recognize legal issues in an international trade dispute. 5. Apply international trade law rules to provide legal advice with respect to an international trade dispute. 6. Identify the different social and business interests that impact on decision making in trade related matters.

Example of Assignment: In 2013, Numambia as a member of the WTO requested consultations with the Orison (also a member of the WTO) concerning a measure taken by Orison. This measure affects the imports of agricultural and food imports from Numambia into Orison. Consultations failed and the matter is now before a WTO panel.

Numambia argues that a general de facto moratorium applied by Orison to stop processing all pending applications for the approval of biotech products in October 2013 has prevented approvals on 20 biotech products. This has restricted imports of agricultural and food products from Numambia. Numambia argues as follows: 1. Orison has adopted approval procedures for agricultural products produced with the benefit of modern biotechnology. 2. Up to October 2013, Orison implemented those procedures, and approved more than ten biotech products. Consumers in Orison have been enjoying the benefits of these products, without any adverse health or environmental effects. 3. Starting in October 2013 Orison announced a suspension of its own approval procedures. In particular, Orison suspended consideration of applications for, or granting of, approval of ALL biotech products under Orison’s approval system. 4. Orison’s adoption of a moratorium on product approvals was not adopted in a transparent matter. Indeed, it was not published in any official journal or otherwise memorialized. 5. Numambia submits that Orison’s adoption of the moratorium is a disguised import ban that is inconsistent with Orison’s obligations under the WTO Agreement, and in particular with the SPS Agreement. While Members are allowed to maintain approval systems the procedures under that system must be undertaken and completed "without undue delay." A complete moratorium would, by any measure, constitute “undue delay." Orison has presented no scientific basis for a moratorium on biotech approvals. Numambia submits that having established a biotech approval regime, Orison is obligated to apply those procedures fairly and transparently, and without undue delay. Orison argues that this is not a case about a disguised import ban but rather about a regulators' choice of the appropriate level of protection of public health and the environment in the face of scientific complexity as follows: 1. This case is about the time allowed to a prudent government to set up and apply a process for effective risk assessment of products which are novel for its territory and ecosystems, and that have the potential of causing irreversible harm to public health and the environment. 2. For more than a decade, the world has witnessed extraordinary advances in the field of genetic modification. The international community has agreed that special rules are needed to address GMOs, since GMOs are inherently of a character which requires particular scrutiny, and that, in the face of scientific uncertainty, states' actions should be based on precaution. That conclusion is notably enshrined in the Convention on Biological Diversity and the Cartagena Protocol on Biosafety.

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3. That the science necessary to assess the risks of these new combinations, and in particular any long term, indirect, or delayed effects, has had and is having a hard time to catch up with the rapid development of new GM products. Furthermore, GMOs are living organisms, and they are able to reproduce autonomously. Any measure bringing a GMO into the environment has therefore a character of irreversibility. 4. In the face of the fast evolution of science, Orison as well as many other governments, have chosen to act prudently, setting up effective processes for risk assessment to be performed before any of these new products is accepted for production, importation or commercialization. Against this background, Orison believes that its actions have been and are those of a prudent government. 5. That it is simply not tenable to examine the facts of this dispute in the light of the SPS Agreement only. That there has to be a correct interpretation of the balance of rights and obligations contained in the WTO agreements has to ensure a close and careful reading of the text of the individual agreement in question, and a reading of the relevant WTO provisions in accordance with other international law instruments and the Appellate Body's findings on the need to take into account the "contemporary concerns of the community of nations about the protection and conservation of the environment 6. Orison is confident that, the Panel will find that in applying a regulatory process for effective and forward-looking governance, based on a precautionary approach, the Orison has acted in accordance with its obligations under the WTO agreements. You are working as a legal assistant for the Chairman of the Panel established to resolve this dispute. The question that arises is whether the measure taken by Orison is compliant with applicable rules. The Chairman has requested you to draft a summary of the main legal aspects raised in this dispute and to propose what the main conclusions (decisions) of the Panel as regards the legal issues raised should be. Please structure your response as follows 1. Measure at Issue 2. Applicable Rules 3. Relevant facts 4. Discussion (Application of rules to key facts) 5. Decision.

Human Rights Enforcement Without enforcement mechanisms in place it is often difficult for individuals to claim their respective human rights. In international law there is a wide variety of different enforcement mechanisms. These mechanisms offer the individual a varying degree of protection against human rights violations. The least protective mechanism is the State reporting system. The most protective system is the individual complaints mechanism. Other mechanisms, such as inter State complaints, collective complaints, and the Universal Periodic Review (UPR) stand somewhere in the middle.

Teaching Aims: Students should: - Be aware of the different human rights enforcement mechanisms available - know advantages and disadvantages of different systems from an enforcement point of view - be able to apply the relevant rules and regulations of the various mechanisms - be able to interpret the outcomes / judgments / findings of the various mechanisms - be able to determine standing and admissibility independently - be able to represent the side they are assigned to represent independently

Example of Assignment: Lina Gonzales, a 35-year-old, from Argentina, suffers from systematic lupus erythematous and rheumatoid arthritis, became pregnant at the end of December 2014. Through medical exams, the fetus was diagnosed with anencephaly – a fetus without a brain – which is a major anomaly incompatible with life outside the womb. In January 2015, due to Lina’s health condition, the treating physicians in the public health system recommended in medical report No MINSA-13-2015 to interrupt the pregnancy, through therapeutic abortion, since her health was at risk. However, the doctors did not perform therapeutic abortion. As a result of the procrastination of the health professionals, Lina has been enduring weeks of painful physical and emotional suffering. Further, the Constitutional Chamber of Argentinean Supreme Court, rejected the writ of amparo (an action for the protection of constitutional rights or guarantees) filed by Lina’s lawyers, in order to allow the doctors at the hospital to be able to interrupt the pregnancy, by means of therapeutic abortion. In Argentina abortion is illegal and is the first cause of maternal death. The law establishes sanctions both for the woman and for the person that practices the interruption. The same law established an exception established for two special cases: 1. when the life or health of the woman is at risk, 2. when the pregnancy is the result of the rape (article 86, numbers 1 and 2 of the Criminal Code). However, these exceptions are rarely put into practice; doctors refuse to practice abortion due to their own religious beliefs. In Argentina there is no appropriate judicial mechanism allowing access to the courts to request termination of a pregnancy for therapeutic reasons, nor to provide full redress for a violation of this type. Argentina has ratified the UNCAT convention and its optional protocol. Content of the assignment: The law firm Morrison & Foerster LLP, where you work as legal assistant, is representing Lina in this case. In very short time, they are planning to file a request for urgent appeal before the UN special Rapporteur on Torture, whose mandate compromise to transmitting urgent appeals to States with regard to individuals reported to be at risk of torture. Your supervisor has tasked you to write a draft of this request for urgent appeal (8 points total). Secondly she has asked you to draft a letter to Lina explaining the nature of such proceedings as well as the benefits it might have for her (2 points total). Your draft request should be based on the methods of work of the Special Rapporteur on Torture, by supplying arguments on procedural requirements – including standing – (4 points), merits of the request (2 points), and the relief requested on Lina’s behalf (2 points).

International Criminal Law International criminal law is focused on punishing individuals for violations of crimes that are so serious that they can be considered crimes committed against the entire international community. When countries experience atrocities, they have some choices in how to repair their society. They can prosecute the crimes on the national level, or perhaps another country will do so.

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In some cases, the international community may establish a special international tribunal. Whichever country or international tribunal prosecutes; it must first ensure that it has jurisdiction. If it does, then it divides the crime that must be proved into small pieces, or “elements”, and requires proof of each before it can determine if the person is responsible. Even if the tribunal is satisfied, the tribunal might still not be able to find the person responsible if the person had a good reason for committing the act. In the course of this inquiry, the tribunal must follow certain procedures for a fair trial. This is an introductory course in International Criminal Law. This course will build on students existing knowledge of criminal law (comparative and European) to take those discussions to a new and unusual criminal law system, those crimes that are “international”. This course will discuss the concept of jurisdiction, specifically criminal jurisdiction, how it is acquired, and limitations, such as immunity for heads of state and diplomats. This course will apply students’ existing knowledge of the concept of the element of a crime to the context of war crimes, crimes against humanity, and genocide. Moving beyond, it will also examine the forms of prohibited behavior, including responsibility of commanders for their troops, and excuses or justifications, such as acting in self-defense or insanity.

Teaching Aims: In its role as a second-year international law course, the goals of this course are for the student to be able to: 1. Demonstrate knowledge of the principles and rules of international criminal law with precision 2. Interpret (sometimes conflicting) legal sources and apply the law to new factual scenarios 3. Identify the legal interests of others and argue in favour of a particular position; criticize the legal argument of the opposing side and persuade a decision-maker.

Example of Assignment: You must prepare a draft “document containing the charges” applying international criminal law to facts you are given, and arguing that the document should be confirmed by the pre-trial chamber. Please see the attached memorandum with further instructions. Annex #1 is a memorandum from the Prosecutor with instructions and Annex #2 is the template for drafting the document. You are expected to spend a minimum of 15 hours working on this assignment.

International Organizations Law International Organizations (IOs) are organizations that work on a transnational level and that have been founded by a treaty. This definition therefore excludes International Non-Governmental Organizations (INGOs) and Trans-National Corporations (TNCs). International Organizations are founded where there is a need or political want for them. This course builds on students’ knowledge of the basic tenets of Public International Law, introduced in Period 1. This course is an introduction to the Law of International Organizations. The course will focus on IOs that work on a global level, more specifically the United Nations. Where necessary regional IOs will be referred to. The historical development, and the definition and categories/classification of IOs will be the subjects of the first lecture. The United Nations is an IO that has six main bodies. In lecture 1, the relationship of IOs with Member States (admission, suspension and expulsion of members), as well as the types of membership will be discussed. Lecture 1 will also focus on legal personality of international organizations, and it will deal with powers and functions of IOs. Lecture 2 is dedicated to the law of the UN system, with emphasis on the functions of the organization, its agencies and the relationship of three principal organs. Also, the Organisation of American States (OAS) will be discussed as an example of a regional institution. Finally, aspects of peacekeeping and peace-enforcement will be touched upon.

Teaching Aims: 1. Establish a basic understanding of the general structure and operation of the legal regime of International Organizations 2. Acquire general knowledge of the United Nations-systems and the distribution of tasks between the UN organs 3. Develop a general understanding of the role the UN, autonomous agencies, and regional organizations play in the current world order

Example of Assignment: You are the assistant to the Chief Legal Advisor of the Department of International Law, Ministry of Foreign Affairs, Government of Rwanda. The President of the country is greatly concerned due to the recent publication of credible scientific studies, which foresee that drinking water supplies in the Great Lakes Region will fall to critical levels for the populations of the relevant States in the next few years. He decides to actively pursue the creation of a more integrated framework for international co-operation for sustainable water management in the Region. To that end, he convenes a Conference on Sustainable Water Management in the Great Lakes Region in Rwanda’s capital and invites all the Heads of State of the neighboring States to participate. The vision of the President of Rwanda is to create an international (‘regional’) intergovernmental organization, which will have the exclusive responsibility, on behalf of its Members, to manage in a sustainable and equitable manner the drinking water supplies of the Great Lakes Region. That way it is hoped that future ‘water conflicts’ will be averted, while all populations involved will never grow thirsty. After hearing about the initiative, the President of Egypt expresses his keen interest for Egypt to be a founding member of the new organization, arguing that 'anything that affects or purports to affect the flow and the regulation of the flow of the Nile's waters is of great importance to vital Egyptian national interests.' The Minister of Foreign Affairs is asking you to prepare a Memorandum, containing a draft constitution for a new international organization called the “Great Lakes Organization for Water (GLOW).” The Minister will use this Memorandum as the basis for a formal proposal in the Conference. He is particularly interested in ensuring that the draft will meet the greatest possible acceptance on the part of the participating States and minimize negotiations, with a view to ensuring that the new organization’s constitution will be signed at the Conference’s Closing Ceremony. Finally, the Minister is wondering whether it would be a good idea to establish the Organization according to Rwandan substantive and procedural law. In writing the memorandum you should use the IRAC formula. Write about 1,000 words including footnotes. The constituent instrument should make reference only to the definitional aspects (establishment, purpose, nature, seat, legal personality) of the organization and its membership (admission, membership). Your answer should include specific Articles (1, 2, 3, etc.) and an explanation (commentary) underneath each article explaining its usefulness. Reference should be made to relevant international treaties, Draft Articles and Reports of the International Law Commission, related literature and international agreements. Your research should be properly cited.

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Competition Law (EU) The course covers the main principles of EU Competition law, its scope of application and economic background. One of its core tasks is to define key concepts such as relevant market, market share, undertaking and agreement. The key topics include the prohibition of anti-competitive agreements Article 101 Treaty on the Functioning of the European Union (TFEU), the prohibition of an abuse of a dominant position under Article 102 TFEU, supervision of concentrations (mergers and acquisitions) and EU rules on state aids. Furthermore, an essential part of the course is dedicated to the relationship between EU and national competition law, application of EU competition law by the national and Union courts, enforcement by the European Commission and by national competition authorities. The main focus is on the relevant legislative framework, on the leading cases of the Court of Justice of the EU and on European Commission decisions. All topics are taught through the case method – students must read the cases and literature in advance and be prepared to contribute to discussion in class.

Teaching Aims: Upon completion of this course, a student should be able to do the following with supervision as required: 1. To enable students to analyse key issues of EU Competition law; 2. To prepare students to find, read and understand the relevant case-law of the CJEU; 3. To practice case solving.

Example of Assignment: Yanis Ltd. is a company established in Greece that produces goods based on olives (such as olive oil, oil pate etc.) for which Greece is famous. Dijsselboem is a Dutch wholesaler who is convinced that the famous Yanis products will be a market hit in the Netherlands. Dijsselboem approaches Yanis and after negotiations a contract is signed. The contract provides that: a) Yanis will supply its olive based products for resale to Dijsselboem in the Netherlands exclusively; and b) that Dijsselboem, for a period of three years from the date of the conclusion of the agreement, will not sell products competing with Yanis’ products. The market share of Yanis in the relevant market is 25% and that of Dijsselboem is 36%. Dijsselboem’s competitor, Olijven, finds out about the agreement and makes a complaint to the Dutch Competition Authority. According to Olijven, the agreement in question falls within Art.101 TFEU and is, thus, prohibited. Dijsselboem counter-argues that the agreement is exempted from Art.101 TFEU since it benefits from the block exemption under Regulation 330/2010. You work as a junior legal adviser at the legal department of the Dutch Competition Authority. Your supervisor has asked you to draft the decision of the Competition Authority addressing the following: i) whether or not the agreement is in breach of EU Competition Law; and ii) whether the agreement can benefit from the block exemption under Regulation 330/2010.

Civil Procedure (Comparative) This is an introductory course to procedural law and adjudication on the national and the international level. National and international courts and tribunals form the backbone of their respective legal systems. Their performance largely determines the quality of law as a system of binding legal norms that command the respect of their corresponding social groups. In that context, the peaceful settlement of disputes on the national or international level through adjudicative processes is considered as a landmark of the development of human civilization. This course aspires to present an introduction to the organization of courts and tribunals on the national and international plane, as well as certain basic principles of procedure that underline their operation. In explaining national systems, it is necessary to highlight the traditional dichotomies between civil, administrative and criminal adjudication mechanisms and the nature of the parties involved in disputes before these courts. In order to familiarize the first year students of the Bachelor of law program with these processes, three are the main objectives of this course; first, to explain the organization of courts on the national level, secondly to explain their organization on the international level, and thirdly to provide certain basic rules of procedure that underline their operation. In that sense, the aim of this course is to provide to the students the basic vocabulary of procedural law. In addressing these basic standards of international adjudication, a comparative approach will be taken as regards common and civil law systems and their respective solutions to problems of adjudication.

Teaching Aims: 1. Identify and understand the function of the main stages of an adjudicative process 2. Identify and understand basic principles of procedural law in the context of transnational litigation

Example of Assignment: Mr. X is a mercenary. In the context of the civil war – internal armed conflict – in Sierra Leone, he was hired by one of the parties of this conflict to fight on their behalf. He served for five months, from September 1996 till January 1997. At that time, he was 17 years old. In his capacity as a mercenary soldier, he was involved in the following two incidents; (a) On 15 September 1996, he used children as human shields to protect a military base from attack from the opposition. In doing so, 5 children were killed. (b) On 2 December 1996, he participated in a squad, whose main purpose was to punish individuals for supporting the opposition. As a result, on that date, he mutilated the hands of 25 civilians in village Y, close to the capital Freetown. Read carefully the following part of the Statute of the Special Court of Sierra Leone. In your capacity as the legal advisor to the Minister of Justice of Sierra Leone, write a memorandum to the Minister explaining what are the four (4) aspects of the jurisdiction of the Court and whether these two incidents fall within the jurisdiction of the Special Court of Sierra Leone. Explain also whether the fact that Mr. X is today 32 years old plays any role. In writing this memorandum, you need to mention - regarding the procedural aspects, the specific articles of the Statute (e.g. The Court’s ... jurisdiction... – Art. X Statute). - regarding the substantive law, only the categories of crimes (e.g. The SCSL has ... jurisdiction for crimes against humanity) and NOT the specific crimes (e.g. murder, rape etc).

Skills 5 – Legal Analysis 2

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Legal Analysis II is differentiated from Legal Analysis I (IRAC) in the complexity of the context of the analysis: ability to reason from code-based systems and case law. This course will cover body of knowledge material related to the categories “Practical Legal Research” and “Legal Information Methods.”: - To have students understand and develop different styles of legal analysis and problem-solving skills within both civil law and common law contexts. - To have students apply different styles of legal analysis and problem-solving skills to a variety of cases. - To have students qualify relevant facts in different legal contexts on the basis of details given and to be researched. - To have students write persuasive and coherent legal documents for a variety of audiences (internal memoranda, opinion letters, court submissions) and effectively edit their work.

Skills 6 – Legal writing 2 International negotiations are typically processes based on dialogue between two or more (state) parties, intended to reach an understanding, resolve a point of difference, and/or gain advantage in outcome. Legal practitioners are regularly engaged in negotiations when closing contracts, drafting legislation or representing states in international treaty negotiations. Therefore, students will be introduced to the following topics pertaining to international negotiations: - The context and settings of different forms of international negotiation; - The actors involved: states, non-state actors (NGOs), and their dynamics; - The principle elements of international negotiation, including stakes and interests, strategy and tactics, goals and outcomes; - Treaty negotiation and treaty-drafting, including the analysis of travaux préparatoires and past successful negotiation processes and their legal implications.

Skills 7 – Representing 2 Advocacy is an important skill for legal professionals working in organisations and on legal teams. Both inside and outside of a team, the need to persuade others in face-to-face meetings will often arise. The ability to use facts and law to communicate orally is enhanced when information is communicated in an organized and interesting way that is both clear and delivered confidently, without reading a text. The need to use the IRAC approach is as important with oral advocacy as it is with written advocacy, and practice makes perfect. The course begins with a study of advocacy and rhetoric and a survey of some of the basic tools of oral advocates. The roles of legal professionals and lawyers in international tribunals will be discussed, and advocacy tools appropriate for those forums will be examined with a continuing focus on processes of oral advocacy and persuasion. Workshops will provide students with the challenge of developing case theories and presenting oral arguments. Peer review exercises will help students to identify effective advocacy, allowing them to observe and to put into practice the skills which they have identified in others.

Skills 8 – Decision-Making 2 We make decisions all the time in every aspect of life. The legal profession, as a problem solving profession, requires constant decision making, often with considerable consequences. Our training as legal professionals, as well as the experience we gain on the job, does not necessarily make us good decision makers. Studies show that experienced lawyers make bad decisions too frequently. Poor decision making is not the result of a lack of expertise. Poor decision making results from the failure to incorporate decision making methodology. This class will explore many of the decision making roles legal professionals find themselves in. We will examine some of the reasons legal professionals make poor decisions. Most importantly you will learn and apply decision making methodologies developed to help you make better legal decisions. The class will focus on decisions made by legal professionals in resolving disputed matters and, in particular, on the choice to pursue a negotiated or adjudicated decision in the context of the ADR spectrum, including mediation.

- Year 3 courses on offer

Theory and Sources of Public International Law The theory upon which public international law is built are often reviewed quickly before moving to more substantive matters such as the law governing the sea or the use of force, but for advanced students of public international law, it bears considering the sources more closely. If one appears before an international tribunal, what can one argue? We are accustomed to citing the Statute of the International Court of Justice for the authoritative description of the sources of public international law, although it is, of course, not an entirely clear provision and is only a statement of the sources that may be invoked before that tribunal. Who creates and is affected by international law? Again, we are accustomed to mentioning states only, although other actors have acquired international rights and duties, such as corporations, NGOs and individuals. This course will examine the sources of public international law in depth. The class will read texts and discuss the sources in seminar meetings, examining treaties, custom and principles in detail. For treaties, the class will look at issues such as reservations, interpretation and the unique questions of human rights treaties. For custom, the class will consider the evidence and assessment of practice and opinio juris, among other topics. Additional topics will include general principles of law, the law making powers of international organizations and binding unilateral statements. Thus, the course provides a greater depth to the students existing knowledge of sources and can be applied throughout the remainder of the student’s education in public international law.

Teaching Aims: As a third year seminar that deals with treaties and other sources of international law in depth, this is not an introductory role. Students are advised to review their notes from Year 1, Public International Law, before commencing the course. The goals of the course are for students to be able to: 1. Draw on cases and other original materials to synthesize and articulate the rules of sources of international law, and identify arguments and counter-arguments

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2. Discuss, debate, defend and critique the rules pertaining to sources of international law 3. Solve hypotheticals by applying rules and arguments to new factual scenarios

Example of Assignment: In early 1995, the Croatian Navy launched a minelaying ship named the DBM-82 Krka. Imagine for this hypothetical case that in January 1995, the Krka was passing near to Bari, Italy. On January 14, 1995 at 02:00 it entered Italian territorial waters and anchored. Having detected the ship on its radar, the Italian Navy radioed the Krka and protested its presence in Italian territorial waters. The Italian Navy demanded that the Krka leave its territorial waters because, under Italian law, all passage through its territorial waters by foreign naval vessels requires prior notification and consent of the Italian Navy for purposes of safety of navigation and the regulation of maritime traffic. The Italian Navy told the Krka it was in violation of this regulation. The Italian frigate F-565, Sagittario, left port and approached the Krka. The Krka replied that it was simply exercising its rights of innocent passage but that it was having engine problems. Upon the approach of the Sagittario, the Krka radioed the Sagittario to say that its engine problems had resulted in a small fire on board and that its naval firemen on board were dealing with it. The Sagittario offered to assist, but the Krka refused. 10 minutes later a small helicopter lifted off from the deck of the Krka. The Sagittario radioed for explanation, and the Krka replied that one crewman had been injured in the fire and was being evacuated to the Croatian mainland. The helicopter was painted black and had no military markings on it. 15 minutes later, the Krka radioed the Sagittario to say that the fire was extinguished and that it would now be underway. Specifically, the Krka would return to port in Split for repairs. The Sagittario moved into formation to block further passage of the Krka. The Krka turned and the Sagittario escorted the Krka out of Italian territorial waters. Meanwhile the Italian navy sent a minesweeping ship, the M-5433 Squalo, to survey the area where the Krka had broken down. The Squalo discovered a moored contact mine floating 2 meters below the surface of the water. The Krka returned to Split directly after the event, remained in port for 3 days and then left port again and has been active off the coast of Bari, but not in Italian territorial waters. The Italian Foreign Ministry summoned the Croatian Ambassador in Rome for an explanation. The Croatian Ambassador told the Foreign Ministry that the Krka had experienced a fire and was forced to eject one of its mines due to the risk of explosion. The mine had not been armed and was expected to settle on the bottom of the sea, and not pose any risk to vessels on the surface. In the chaos of the fire, the Krka had forgotten to notify the Italian Navy. For this oversight, the Ambassador offered his Government’s apologies, but noted that there was no obligation of such notification. The Italian Government replied that it is concerned that the Croatian Navy appeared to be deliberately mooring a mine in its territorial waters under cover of a “fire”. It invokes the UN Convention on the Law of the Sea and argues that the Krka was not engaged in “innocent passage”. It places responsibility on the Government of Croatia and demands reparations. The dispute between Italy and Croatia continued for several months, until May 13, 1995, when the Government of Italy filed claim at the International Court of Justice (“Case concerning the Krka incident of 14 January 1995”) arguing that Croatia has accepted the compulsory jurisdiction of the ICJ in UNCLOS. Italy argued that the activities of the Krka do not qualify as “innocent passage” under UNCLOS. Croatia believes that it will not be successful at the ICJ given the current judges on the bench and prefers to take the dispute to the ITLOS or arbitration. It wants to argue that it has not given its consent to jurisdiction before the ICJ. In addition, Croatia also believes that the activities of the Krka comply with the requirements for innocent passage. You work in the legal department of the Croatian Ministry of Foreign Affairs. Prepare a well-structured memorandum for your supervisor analyzing the issues in the ICJ case. In particular, please analyze both the jurisdiction and merits of the case, using only UNCLOS. You will need to locate the text of UNCLOS (preferably on the UN treaty database), determine the parties’ adherence to the treaty and any declarations or reservations, determine which treaty provisions are at issue, interpret those provisions and present arguments Croatia can make against the Italian position. If you believe that there are factual questions needing more investigation, please also indicate this point and mention how a difference in the facts would result in a different legal conclusion.

Civil & Political Rights Civil and political rights are a class of rights that protect individuals’ freedom from unwarranted infringement by private (non-state actors) and government (state actors), and ensure one’s ability to participate in the civil and political life of the state without discrimination or repression. The course critically evaluates its instruments, enforcement mechanisms and the role of the UN Human Rights Committee, the European Court of Human Rights and the Inter-American Court of Human Rights by analyzing a number of specific civil and political rights in context. In addition, it will provide sound ability to identify legal problems and to systematize arguments under the international and regional civil and political rights framework.

Teaching Aims: The course aims at deepen the understanding of the scope of Civil and Political Rights, on both procedural and substantive issues at the European and Inter-American levels. In particular, the procedures and mechanisms for their effective enforcement will be analysed.

Example of Assignment: The Netherlands Helsinki Committee has launched an essay contest on the occasion of the 25th Anniversary of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). The prize winners will be announced at a conference on the prevention of torture and other forms of ill-treatment in Europe, which is being organized by the NHC. The conference will take place in The Hague in January 2015. You will work in an essay that will provide legal analysis on the following subject: 1. Suggest an effective national complaint mechanism to ensure the protection of detainees with regard to torture and other forms of ill-treatment. 2. Address the goals the complaint system should try to achieve, the method to achieve them and an analyses of its effectiveness in practice (use examples from legal systems within Europe)

Environmental Law (International) With the knowledge acquired in general international law courses and in the Environmental Law I course, this course focuses on the ability to understand and be able to discuss the functioning of International Environmental Law norms (or their absence) in

14-9-16 Page 17 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.1 AL Subject: Exchange - Courses Status: For print practice in a number of substantive areas, including climate change, international financing and environmental protection, sustainable use of natural resources (notably where forests and fisheries are concerned) and international waste transports. Be able to apply the theory to fact scenarios. The topic International Environmental Law looks at a number of specific institutional and material aspects of the way in which international law endeavours to contribute to the protection of the global, regional and national environment (including human health) and advances, or tries to advance, the goal of sustainable development and a greener economy. Environmental law is one of the instruments used by governments to advance these goals, and to ensure that polluters are not free to shift the pollution costs of production on society as a whole. Throughout the course, a question that will be focused on is how principles like the principle of sustainable development, the precautionary principle and the polluter pays principle are to be made operational. Other questions that form recurring reference points are: what legal status do the different norms have and in what way do they determine, or influence, the outcome of legal disputes within different fora dealing with environmental issues, including the International Court of Justice and the WTO Panels and Appellate Body. The focus will be on multilateral treaties (global and regional), rules of international customary law, global and regional principles of environmental law, the way in which IEL regulates the relationship between the developed and the developing world, the way in which different norms of IEL are used by the judiciary and in practice, and finally on enforcement and compliance issues, notably dispute settlement mechanisms.

Teaching Aims: The aim of this course is to enable participants to gain deeper insight in the challenges of greening our economies, protecting the environment and human health, and advancing cooperation between different countries on these challenges. In this manner, the participants will be able to apply the theory to fact scenarios. More specifically, they will be able to assess which norms apply to specific situations in which environmental disputes arise, and provide advice to parties in such disputes. Moreover, by gaining insight in regulating complex situations with multiple stakeholders with different interests, the skills to provide legal advice on advancing policy goals and stakeholders positions will be developed.

Example of Assignment: The European Union has issued legislation that enables the European Commission to impose sanctions against states that in spite of warnings from the side of the EU do not act against non-sustainable fisheries practices. These sanctions can include import bans against such countries, and a ban on the use of EU harbors for fishermen from these countries. One country against which such sanctions were imposed because of unsustainable fisheries practices in the Southern Pacific, asks for your advice on the question whether the EU, from the point of international law, is entitled to impose such sanctions.

International Humanitarian Law International humanitarian law pre-dates international criminal law and international human rights law. Also known as the law of war or the law of armed conflict, it is the foundation for crimes prosecuted at the international criminal tribunals. From The Hague Conventions to the Geneva Conventions to the Ad Hoc Tribunals created by the United Nations Security Council and the International Criminal Court, this area of law consists of principles guiding military action and rules to limit the effects of armed conflict for humanitarian purposes. Among its many goals are to protect persons no longer participating in an armed conflict and to restrain the means and methods of warfare. This is a foundational course for the Specialization in International Humanitarian Law & International Criminal Law, designed to coincide with a course on the International Criminal Court and other tribunals. The course material will address the topic of international humanitarian law (IHL) in the form of legal principles and rules which have been derived from conventional and customary international law since the inception of this area of the law to the present date and the enforcement mechanisms provided for in and outside IHL. The course begins with an overview lecture which places IHL within the larger body of public international law and demonstrates its fundamental importance to the sister discipline of international criminal law. The historical basis for IHL, major IHL treaties and the formation of customary IHL will be considered. This is followed by successive presentations of five core areas comprising the essential study of IHL principles, rules and compliance: The Principle of Distinction; Protection of Civilians and Persons Hors de Combat; Means and Methods of Warfare; Enforcement of IHL through States, (International) Organisations, Non-state actors; Individual Complaints Procedures and Prosecution of violations of IHL (national and international). In addition to surveying the complete category of sub-topics for each core area (e.g., The Principle of Distinction covers the distinction between civilians and combatants and between civilian objects and military objects, as well as indiscriminate attacks, proportionality in attack, precautions in attack and precautions against the effects of attacks), one sub-topic from each will be highlighted for its relevancy to current legal affairs or its importance as an area of progressive development of the law.

Teaching Aims: Complement understanding and legal analysis of well-defined principles and rules of international humanitarian law with appreciation for current issues of applicability and compliance mechanisms.

Example of Assignment: In September 2014, Ansar Allah, known as the Houthis, a Zaidi Shia group from northern Yemen, seized control of Yemen’s capital, Sanaa. They did so with the help of former President Ali Abdullah Saleh, and units of Yemen’s army that remained loyal to him after he stepped down in 2011. In January 2015, the Houthis effectively ousted Yemeni President Abdu Rabu Mansour Hadi and his cabinet, who subsequently relocated to Saudi Arabia and re-established a government there. In March, after Houthi forces advanced southward, threatening to take the port city of Aden and other areas, a Saudi Arabia-led coalition began aerial military operations against them. On March 26, coalition warplanes began attacks against Houthi forces in several locations, including in Sanaa. The air operations have continued. Between March 26 and June 11, the coalition carried out at least 2,724 airstrikes, according to local human rights organizations who are keeping a tally. The Saudi Arabia-led coalition comprises five members of the Gulf Cooperation Council (GCC) – Saudi Arabia, Bahrain, Kuwait, Qatar, and the United Arab Emirates – as well as Egypt, Jordan, Morocco and Sudan. According to the GCC states, the coalition launched its military operations at the request of President Hadi, whom they continue to recognize as Yemen’s head of state. The US is not a member of the coalition, but according to the White House, provides “logistical and intelligence support.” On April 12, the Wall Street Journal reported that unnamed US officials had said the US was providing Saudi Arabia with direct targeting support for airstrikes. Jarman Petrol Station

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On April 15, at least one aerial bomb struck the Jarman petrol station in western Saada City, killing at least five people and injuring 23 – though likely many more -- who were waiting in line to fill their cars with gasoline. Abed Abd al-Rahman Ali, 23, a car mechanic, told Human Rights Watch that about 50 cars were lined up outside the petrol station, known as the Jarman Station, next to his workshop. The combined effect of the war and the coalition blockade had created long lines at petrol stations all over Yemen. Ali said he heard an airplane overhead at about 1 p.m. and then a loud explosion. A bomb had hit the gas station’s roof, causing it to collapse in a fireball that incinerated some of the vehicles. Ali, who said he ran out to help the wounded, described a chaotic scene at the station: “I saw four sets of limbs completely severed so we don’t know who they belonged to.” Ansar Allah’s civil affairs office provided Human Rights Watch the names of five people who died in the attack and 23 wounded. Medical personnel told Human Rights Watch that they were not able to identify eight people after the attack because they were too badly burned, indicating a higher casualty figure. Witnesses described seeing many victims after the attack. Ali said that he saw about 15 to 20 bodies on the ground and about 20 to 25 people with burns and fragmentation wounds. His brother, Osamah Abd al-Rahman Ali, told Human Rights Watch he arrived at the scene minutes after the strike and saw at least eight bodies, including some with severed limbs, and 16 wounded. Human Rights Watch was also not able to establish how many of those killed were civilians. The Ansar Allah civil affairs office told Human Rights Watch that the people whose deaths they had documented were all civilians. Ali told Human Rights Watch that he did not see anybody at the station carrying weapons. Another Saada resident, however, told Human Rights Watch that the Houthis used the Jarman petrol station as the main one at which to refuel their vehicles. Satellite imagery recorded around 10:30 a.m. on April 15, about two and a half hours before the airstrike, shows a line of several dozen vehicles stretching approximately 175 meters from the petrol station. The vehicles appear small in size consistent with passenger cars and pickup trucks. Satellite imagery recorded on May 2 shows extensive building destruction and fire-burned cars surrounding the petrol station consistent with the detonation of aerial munitions and secondary fuel tank fires. During its investigation of the site, Human Rights Watch found that the concrete overhang above the petrol pumps had collapsed, consistent with witnesses’ claims that a bomb struck the roof. There were seven burned-out vehicles in close proximity to the station. All of the vehicles appeared civilian. Five of the vehicles were small passenger mini-buses. Two cars were regular personal cars. Photos from the immediate aftermath of the attack that Human Rights Watch reviewed do not show any additional vehicles that would appear to be military. Please answer the following questions: 1. Classify the conflict(s) in which the events mentioned by HRW and Al Jazeera took place. Please explain and refer to the relevant legal sources. (2 points) 2. Is the attack on the petrol station in accordance with IHL? For the purpose of this assignment, assume the attack was carried out by Saudi Arabia. Please explain and refer to the relevant legal sources. (3 points) 3. How would you judge the qualification of Saada as military target by the Arab coalition under international humanitarian law? Please explain and refer to the relevant legal sources. (2 points) 4. Is the warning in accordance with international humanitarian law? Please explain and refer to the relevant legal sources. (3 points)

Individual Criminal Responsibility The course begins with a historical overview of individual criminal responsibility for war crimes and for crimes against humanity, beginning with ancient times and then jumping to Nuremberg and Tokyo, and then, fifty years later, to the ad hoc tribunals for Yugoslavia and Rwanda, followed by a mushrooming of international tribunals, including the creation and current blossoming of the International Criminal Court. The course will provide students with an opportunity to identify and apply general principles of international law relating to individual criminal responsibility and to the jurisprudence of various international criminal courts. Contextual elements, modes of participation, group criminality, inchoate crimes, criminal omissions, command responsibility, defenses and sentencing factors are all examined. Both national and international case law will be used to illustrate commonalities and differences in the employment of the relevant legal concepts. Differences in jurisdiction and in the approach of Prosecutors of the different international tribunals will also be examined. Within the context of the ad hoc tribunals and the ICC, the role of the United Nations Security Council in relation to waivers of immunity for heads of State will also be examined.

Teaching Aims: At the end of the course, students have 1. Deepened their understanding of the concept and scope of individual responsibility under International Criminal Law; 2. Become familiarized with the most recent scholarly developments in the field of international criminal responsibility; At the end of the course, students can 3. Identify and apply general principles of international law relating to individual criminal responsibility.

Example of Assignment: Essay: What differences are there between the principles of liability as developed by the ad hoc tribunals and the Rome Statute? Where there are differences, consider which formulation you think is more appropriate and why.

EU Employment Law Few social provisions - and of limited scope of application – could be found in the Title on Social Policy of the Treaty of Rome. However, over the years, the Union social policy has started playing a very important role in the protection of living and working conditions and in the achievement of minimum labour standards at European level. Several European Directives and soft-law instruments now deal with different aspects of employment law, for instance working time and atypical workers (e.g. fixed-term, part-time workers) but also information and consultation of workers and social consequences stemming from the restructuring of enterprises. Moreover, among the actors involved in the development of the Union social policy, social partners at European level played and still play an important role. This course will study and provide students with a basic knowledge of the leading concepts, principles and rules of EU Employment Law. This course will focus on the evolution of the EU Social Policy from the Treaty of Rome to the EU 2020 Strategies and the recent financial crisis (Week 1). Furthermore, during the course students will gain an in-depth understanding of free movement of workers as well as the rules on posting of workers (Week 2 and 3). In Week 4, students will study the concept of

14-9-16 Page 19 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.1 AL Subject: Exchange - Courses Status: For print equal treatment and the principle of non-discrimination in employment and occupation. Different prohibited grounds of discrimination will be examined in detail. After that, the Union policy concerning health and safety and working conditions will be delved into (Week 5). Finally, in the last two weeks of the course (Week 6 and 7), student will study the social consequences of certain managerial decisions concerning, for example transfer of undertakings or collective redundancies, and the ways in which employees can participate in the employer’s decision-making process.

Teaching Aims: Upon completion of this course, a student should be able to: 1. Understand the fundamental concepts and rules of EU employment law. 2. Understand how to apply the fundamental rules of EU employment law. 3. Develop the ability to identify legal issues related to EU employment law and provide a legal advice tailored to the client, that weighs up the relevant interests and with the appropriate formal requirements.

Example of Assignment: Biotech is the largest European biotechnology company. It is headquartered in Modena (Italy) and it is famous worldwide because of the invention of a vaccine against Hepatitis B. Since its establishment, it has internally arranged for the necessary transport services of this vaccine and other biomedical products by company owned cars to hospitals all over Italy and by company owned airplanes to and from hospitals in Europe. For about 10 years, Biotech has used 20 employees (pilots, stewards), 6 airplanes and 1 big hangar to carry out the private air transport service from Modena to various destinations in Europe. In addition to that, it has used 40 employees (drivers), 30 cars and 1 big parking garage to carry out the transport service from Modena to numerous hospitals in Italy. On 5 July 2014, Biotech decides to offer out to tender the private air and car transport services. This is in order to reduce the cost connected to these services. As a result, it enters into a contract with Lino Transporti, a company headquartered in Milano and specialized in both these types of services. Lino Transporti decides to take on only 2 airplanes and the hangar from Biotech. It will replace 4 airplanes with new ones. Moreover, Lino Transporti does not take on any of the 20 employees who are subsequently dismissed by Biotech because the company no longer needs their service. In addition to that, Lino Transporti decides to take on 10 cars and the parking garage from Biotech. Just as for the airplanes, it will replace 20 cars with new ones. Furthermore, it does not take on any of the 40 drivers who are subsequently dismissed by Biotech because the company no longer needs their service. Italy has implemented Directive 2001/23 on Transfers of Undertakings. The provisions contained in the national legislation are the same as in the Directive. You are a junior lawyer working at Allen & Overy in Bologna. The 20 former employees carrying out private air transport services and the 40 former employees carrying out car transport services have contacted you. Advise them whether they can challenge the dismissal by Biotech in the case at issue.

Internal Market Law 2 In the European Union there are common rules regulating the free movement of goods, persons, services and capital from one Member State to another. These rules have vast economic, social and political impact as they affect not only the EU but also companies or individuals wishing to enter this market. In that context many questions are raised. What is the importance of free trade in the EU in a global financial and economic crisis? Should there be leniency with protectionist measure for as long as the crisis lasts? Are imported goods and services a threat to local industries and jobs? Do migrant workers trigger a race to the bottom in social standards? One of the aims of the course is to answer these questions, among many others. This course tackles some advanced topics on the law of the internal market of the European Union. Pursuant to the Treaty on the Functioning of the European Union (TFEU), the internal market is an area without internal frontiers, in which the free movement of good, persons, services and capital is ensured (Art. 26 TFEU). The starting point of the course is the internal market in a global economic context – the current economic and financial crisis. The course deals with the Lisbon Treaty amendments. The impact of the financial crisis on the internal market is discussed, the actions undertaken by the European institutions and governments of the Member States in that regard. This is followed by an in-depth discussion of the most recent developments in free movement of goods, the citizenship of the EU, right of establishment and the freedom to provide services from the perspective of corporate entities, free movement of capital and payments. The special focus on case solving aims to give insight into the application of the EU free movement law. The case law of the European Court of Justice on the four fundamental freedoms is thoroughly studied. Finally, the course deals with the topic of harmonization. The course introduces the students to the law of the internal market in its economic context, in particular all the challenges which the internal market faces during the global economic crisis. The course deals with the Treaty of Lisbon changes, as well as any changes proposed as a measure to deal with the economic crisis. It aims to present the internal market law from not only European and legal stand point but also global, social and economic.

Teaching Aims: 1. To deepen and broaden your knowledge of the internal market and the four fundamental freedoms; 2. To enable you to understand and apply in case studies the legal issues faced by individuals and businesses; 3. To prepare you analyze the case law of the Court of Justice; 4. To evaluate and discuss recent publications from legal journals.

Example of Assignment: X is a national of an EU MS and works as self-employed dentist based in Antwerp. She used to work for a company called Dental Clinics, but now has opened her own practice. In Belgium advertising dental services is prohibited under the Law of 15 April 1958 on Advertising in Dental Care Matters (‘the Law of 15 April 1958’). Article 1 of the Law of 15 April 1958 is worded as follows: “No person may, whether directly or indirectly, engage in advertising of any kind with a view to treating or providing treatment, whether or not by a qualified person, in Belgium or abroad, for dental or oral ailments, lesions or abnormalities, by means, inter alia, of displays or signs, inscriptions or plaques liable to be misleading as to the lawful nature of the activity advertised, leaflets, circulars, handouts and brochures, via the media of the press, radio or the cinema, by conferring or promising to confer benefits of

14-9-16 Page 20 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.1 AL Subject: Exchange - Courses Status: For print any kind such as discounts or the provision of free transport for patients, or through the intermediary of canvassers or other such intermediaries. The act on the part of mutual clinics and hospitals of informing their members of the dates and times of consultations, the names of those holding consultations and any changes to these shall not constitute advertising for the purposes of this article.” Recently X has been charged for placing her business cards in public places and thus advertising her services. The business cards contained factual information – her name, the services provided, the address, telephone number and opening hours. She has been questioned by the police (see annex) and summoned to appear before a Belgian court. Before the court, X’s lawyer argues that the Law of 15 April 1958 violates the Treaty on the Functioning of the European Union (TFEU) as advertising is essential to gaining access to a market. The lawyer therefore suggests that the court issues a request for a preliminary ruling to the Court of Justice. The court subsequently asks the Court of Justice of the EU the following question: “Does article 3 of the Law of 15 April 1958 on Advertising in Dental Care Matters violate article 49 TFEU”? You are requested to submit written submissions to the CJEU on Case C-999/00 Criminal Proceeding against X answering the above question on behalf of: • Counsel for X (defendant) or • Agent of the Belgian Government (applicant)

EU Health Law Human health is becoming an increasingly important topic on the agenda of the European Union. EU competences in health have undergone a gradual expansion during the last decades, from isolated actions at the margins of the internal market to harmonization of Member States’ laws in a number of fields, and the task to ensure a high level of human health protection in the design and implementation of EU action taken in all other policy fields. In addition, action taken by the EU in a number of other areas, notably, the promotion of internal market and enforcement of competition rules, have an impact on human health and on health system governance. This course discusses EU action to (1) protect and improve human health, (2) address common safety concerns in health matters and (3) support the health systems of the Member States. In doing so, the course focuses on the main regulatory instruments used by the EU as well as the relevant case law of the Court of Justice of the European Union (CJEU). Specifically, the course addresses a number of key issues pertaining to EU law and health, such as the impact of internal market rules on patients, health professionals and health systems, the relevance of competition law, and the possibilities for the EU to support Member States’ health systems in their efforts to cope with the challenges brought about by the economic crisis. Case studies on tobacco control and pharmaceutical regulation will be used to highlight the practical implications of the relevant EU Directives and case law. Furthermore, the course aims to develop not only subject-specific knowledge and skills, but also transferable skills. In terms of the latter, particular attention is paid to analytical skills.

Teaching Aims: Students should: - Identify and explain the rationale and achievements of human health protection in the EU in the light of relevant EU legislation; - Explain the functions, shared values and challenges faced by health systems in the EU and assess the added value of EU action in coping with those challenges; - Analyze the reasoning and point out the implications of the health-related CJEU rulings discussed throughout the course; - Explain the impact of internal market rules on Member States’ capacity to safeguard their competence in health system governance.

Example of Assignment: Read the CJEU judgment in case Gintec International Import-Export GmbH tegen Verband Sozialer Wettbewerb eV., Write a case note about this judgment in which you indicate: a) what you think about the arguments used by the Court, and b) what implication the judgment may have for future cases related to: - the definition of advertising of medicinal products of human use and the distinction between advertising and information provision - consumers’ access to information on pharmaceuticals - protection of consumers’ health and safety - possibilities for pharmaceutical companies to lawfully communicate directly with consumers

In analyzing this case you MUST use CJEU case law and you MUST provide conclusions.

Principles & Rules of Investment Law Investment law covers the legal aspects of cross-border investments and in particular investments that are meant to function as a structural investment in a country other than the country where the investor is (originally) located. From the perspective of the country receiving the investment, this type of investment is called foreign portfolio investment or foreign direct investment. The main focus of this course is on foreign direct investment (FDI) and the rules to attract and to control foreign direct investment including also the protection provided by international law to these investments. From the perspective of the State in which the investor is located, FDI leads to questions about the protection of the (corporate) citizen of that state in the foreign country. This protection is provided by means of bilateral investment treaties and investment contracts among other legal instruments. This course aims to introduce the main domestic and international investment provisions applicable to cross border transactions including the use of bilateral investment treaties and to provide working knowledge of the instruments to deal with investment law, investment disputes, and foreign direct investment in developing and developed countries. The course will follow the path of the traditional topics in the field, including but not limited to history, sources, actors, investment rules, investment treaties, standards of treatment, admission & establishment, performance requirements, risk analysis, national regulations, expropriation, and access to justice. On a public international level dispute settlement and investment is discussed, as part of a broader dealing with the legal consequences of breaches of investment law. Finally, this course will address the questions that foreign investment may trigger around the relationship of foreign direct investment with the local economy, and its contribution to inclusive growth and sustainable development.

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Having completed the course, students should be able to recognize the basic principles and rules of investment law, and of the instruments to promote foreign direct investment and to settle international investment disputes in developing and developed countries.

Teaching Aims: Students should be able to achieve the following learning outcomes: 1. Understand the basic principles and rules of investment law. 2. Understand the different rules between developing and developed countries to attract and to control foreign direct investment. 3. Identify the practical challenges faced by individuals, business and states when making investment decisions. 4. Understand the domestic and international law aspects influencing investment laws such as domestic rules regulating investment, bilateral investment treaties, adjudicating bodies, and alternative dispute resolution clauses.

Example of Assignment: You are working for a Law firm specialized in Investment Law. A Multinational Company specialized in the hospitality industry comes to your office for advice regarding countries to expand their hospitality services. You are being asked to write a letter of advice to the client addressing the investment rules of two countries being one OECD country: Australia and one non-OECD country: Uganda that may have favorable rules for foreign investors. In the letter of advice, you are requested to identify the following: − Constitutional provisions applicable to investment − Domestic rules regarding investment: Investment Institutions, Investment rules and criteria for investors to be entitled to incentives for the hospitality industry (if available) In addition, please address the following questions in the letter of advice taking into account the company/sector addressed in this assignment (i.e. multinational operating in the hospitality industry): - What risks would you need to cover for the two countries of research? Please take into account the risks described in the required reading of week 1: M. Sornarajah. The International Law on Foreign Investment - What are the liabilities and duties of the company? Please take into account the liabilities described in the required reading of week 2: M. Sornarajah. The International Law on Foreign Investment pp. 144-170 Conclude your findings with a clear advice to your client as to the investment rules, incentives, risks and strategies when investing in the two countries of research.

Contract drafting Contract drafting is a means of communication between the parties, and possibly with a litigation body at a later time. A legal professional may frequently be asked to draft a contract, to revise a draft contract, or even to participate in the negotiations leading to the conclusion of a contract. It is necessary for a legal professional to know the reasons for inserting all terms and clauses in a contract. When a contract comes before a court or dispute settlement body for enforcement, these terms and conditions will be used to address the dispute between the parties. Cases are often a reflection of failure of the legal professional in anticipating contentious areas in the drafting the contract, or of the parties. A legal professional should see the function in a planning context and aim for the prevention of pitfalls. Therefore, a legal professional needs to predict what may occur, to provide for unforeseen circumstances, and to support parties' rights with remedies. Disputes are unavoidable. Therefore, contract drafting is also important to the litigation process. Moreover, when it comes to litigation, a well-drafted contract may help parties to settle their case by agreement. Drafting contracts is a skill which is learned through practice. It is a combination of applying substantial law of contract and enhancing additional skills. It is said that 'easy reading is the result of hard writing'. In this course, the elements of drafting contracts with an emphasis on some important clauses will be taught. Students will be introduced to standard international contract clauses and standard contract structure, as well as issues specific to more specialized agreements. The course begins with the role of the legal professional in negotiations leading to contracts, letters of intent, and recitals in international contracts. It continues with the review of some standard clauses in international contracts, such as interpretation, confidentiality, penalty, liability, exemption, force majeure, termination, post contractual obligations, and dispute settlement.

Teaching Aims: Learning goals of this course are: understanding concept of international contract drafting; being able to find appropriate law governing contracts; and being able to analyze clauses, being able to draft international contracts. The purpose of this course is to introduce students to the essentials of contract drafting through a review of basic clauses of international contracts. It introduces students to the role of legal professional in negotiations leading to international contracts, and the essentials of contract drafting through a review of some basic clauses of international contracts.

Example of Assignment: The Managers of Dutch National Broadcasting Co. (seller, in Netherlands) and Paine Webber Jackson Inc. (buyer, in China) have agreed in their sale contract to refer their possible future disputes to an arbitration panel. The Manager of the Dutch National Broadcasting Co. asks you to have a look at the following force majeure clause which was drafted by the junior legal adviser of the Dutch National Broadcasting Co. and incorporated in a recent contract: “… Dutch National Broadcasting Co (seller) shall not be held responsible to the buyer for any failure to perform, including late delivery or non-delivery, which failure to perform is caused by occurrences beyond the seller’s reasonable control, including, but not limited to, late delivery or non-delivery of oil by suppliers, strikes or other industrial actions, suspension of or difficulties in transportation. In the event that, due to any reason which was not foreseeable at the time of the signing of the contract and was such as to render the seller's obligations excessively onerous in relation to the contractual obligations originally agreed upon and, in any event, is such as to increase the seller's obligations by more than 20% compared to the value of such obligations as originally foreseen, then seller shall be entitled to request an appropriate revision of the contractual terms or, in the event that the parties are unable to reach an agreement as regards such a revision, the Dutch National Broadcasting Co. may terminate the contract.” a) Define force majeure clause and its conditions. b) Do you find this clause a proper one as force majeure clause? In other words, what is the problem with this clause, if any? c) How would you draft an arbitration clause that envisages a three-member panel? d) How do you propose to choose applicable law governing substantive and arbitration provisions of the contract? This Memorandum should be uploaded on Blackboard, and a printed version should be handed in.

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Internet Law During the first decade of the 21st century, information is probably the most important factor in our modern society of interconnection between different communities. With information, many new economic activities went strengthening policies promoting a participating democracy (Web 2.0), development of communities by interest (social networks), and protection of citizens and consumers against the treatment of personal data without any consent from the concerned persons. Information needs channels in order to connect owners and consumers and in order to transmit content and messages. The Internet is the most advanced version of the telecommunication network which was the first physical network permitting exchange of data. Based on the modulation and de-modulation protocol, telecommunications allowed a sufficiently regulated market, protecting end-users, and maintaining a very efficient system of communication for the general interest. The Internet is the network of the cultural economy and abolishes borders. How can national and international rules frame the ongoing improvements of the networks and the electronic terminals? The course starts with a discussion about the phenomenon of the Internet. The digital age started with the creation of a global network and the particular architecture of the network comes from organizations created for administering it. ICANN (Internet Corporation for Assigned Names and Numbers, created by the US department of commerce, located in California and submitted to the Californian law) or RIPE (Réseaux IP Européen, located in Amsterdam, submitted to the directives and policies of the ICANN on the allocation of block of IPs address and extensions like .nl, .de for the European continent from Iceland till Kazakhstan) are organizations at the center of regulation of the Internet due to the US centralization of the Internet. Another important aspect is the content of the internet which mainly deals with applications. Applications are the visual interface of computer programs or software, working in hardware. Legislations on these creations are viewed differently in the EU and in the US, due to the development of both software and hardware in the US and development of only computer programs in Europe. Cybercrime started with telecommunications, not in only since the advent of the Internet. Escaping from the owners of the telecom network, the open source codes invented by individuals entered in conflict with the properties of the phone companies (device, lines and code, supporting transmissions of vocal messages). Regulations were then settled in order to prevent that networks are being used without payment or granted access for using the network. Nowadays, infringements for attacking the internet network is severely punished while infringements for sharing data on the network are not similarly universally punished. Punishment will depend on national legislation. Freedom of end users and individuals is making more difficult the harmonization of rules, even in the EU.

Teaching Aims: Upon completion of this course, a student should be able to: 1. Understand the context of digital media and Internet applications, the rights and obligations of actors and develop the ability to draft relevant legal instruments 2. Develop the ability to advise on the legal issues related to internet law and represent weighing up the relevant interests in a complex structured case, with interim supervision and instruction and some urgency.

Example of Assignment: Skype, created in Estonia, is one of the very few European IT (Information Technology) companies which has now a worldwide fame and seen as a pioneering in exploiting the Voice Protocol for communicating on Internet. It is known for its application for phoning computer-to-computer, computer-to-phone and now also phone-to-phone with the democratization of personal portable Internet devices. Another giant of phone communication, AT&T (American Telephone and Telegraph) is the main phone operator in the United States of America (USA). It provides communication services to individuals and companies. Skype has not targeted the US market as a particular market, separated from its world strategy of expansion. Nevertheless, in July 2012, Skype and AT&T signed a contract. AT&T would use the various applications created by Skype for reducing the cost of communication between employees of AT&T first, as an experiment, before maybe proposing a collaboration for an offer to US companies, already using AT&T for their communications. The terms of use of the application, defined by Skype and accepted by AT&T, mentioned that in case of a legal conflict in the effects of the use of the application, Estonian Law would be used by the judge, as a basis for solving the potential issues. Another article of the contract mentions a strict use of the current version of the application (at the time of the agreement 3.0). Any reverse engineering like an upgrade would lead to an breach of the current contract. This provision is necessary, according to Skype, because it would make impossible the use of some functionalities of the application agreed to in the contract (reason of obsolescence). In December 2013, Skype decided to implement some an upgrade of the application from version 3.0 to 4.4 for more fluidity and interoperability with the upcoming Google’s operating system Android “KitKat”. Employees of AT&T in the USA accepted and proceeded with the upgrade on their Android device, expecting this improvement. However, since the upgrade the application began to malfunction, employees started to comment and complain on blogs about this malfunctioning. Apparently a malware has been introducing during the upgrade process in the device. This malware sends unsolicited advertisements to the whole contact list located in the device of each employee. Finally an employee, who had a phone conversation intercepted and released on the Internet while using the Skype application wants to sue Skype for not monitoring the voice protocol system. Even with all these “internal” problems t, AT&T and Skype are in discussion to merge their activities in the Telecommunication sector by 2016. You are a lawyer specialized in IT law. You are asked by the CEOs of AT&T and Skype to provide legal expertise on the case, in a memorandum. 1. Please discuss the question of the choice of the court in this case and advise on which court (s) may hear the case of conflict between these companies? 2. Even if it is mentioned initially in the contract, would the court actually use the Danish law? Please discuss the different possibilities according to principles. 3. Is the contract is still valid if AT&T use the new Ice cream sandwich operating system instead of the former one, used at the time of signature of the contract? 4. Concerning the disclosure of malfunctioning of the application on the device, can the US employees of AT&T publicly complain on the Internet about the agreement between AT&T and Skype and its effects, without any legal risk?

Corporate Social Responsibility

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The far reaching consequences of business practices on society is changing the perception of the role of the corporation. The traditional notion that the responsibility of a corporation is simply to increase shareholder profits no longer suffices. There is an increasing demand that corporations should play a bigger role as participants in society. A fundamental question of our time is what responsibilities do corporations bear to society? How are these responsibilities articulated? How are they managed? This course introduces the concept and origins of corporate social responsibility (CSR). It provides a conceptual understanding of corporate citizenship and its importance to the multinational corporation. The course examines the link between business and society as well as the role of corporate stakeholders such as shareholders, customers, employees, regulators, suppliers, and communities. Students will examine CSR issues in the marketplace, workplace, community and in the environment. In addition, this course examines emerging methods of managing CSR. Having completed the course, students should be able to recognize the responsibilities increasingly attributed to the corporation as well as the l challenges faced by companies in responding to the call for social activism. They should be familiar with the concepts and theory underpinning corporate responsibility and be familiar with major trends in CSR management.

Teaching Aims: Students should be able to achieve the following learning outcomes: 1. Understand the concept and function of CSR. 2. Understand the arguments for and against CSR 3. Identify and understand the different theoretical underpinnings for the notion of CSR. 4. Understand the concept of ‘stakeholders’ and how this interrelates with CSR. 5. Understand the 4 principal areas of CSR Application – The Marketplace, the Workplace, the Community and the Environment. 6. Understand key steps that a corporation can take in Managing CSR.

Example of Assignment: Understanding CSR in the light of A.P. SMITH MFG. CO. v. BARLOW 13 N.J. 145 (1953) After briefly describing the issue, and ruling in this case analyse the notion of CSR using the reasoning of the court as your take off point. Make sure you cover the following issues: 1. The shift in the perception of the role of the corporation. 2. The notion of “reasonableness” for reviewing corporate giving. How does the court arrive at this standard? Is this a standard that is relevant today? 3. Do corporate donations promote or damage the public interest? 4. Is CSR activity ultra vires or intra vires? What do these terms mean? 5. What responsibilities do corporations have to society in the opinion of the court? In the opinion of CSR writers (Discuss at least two writers). 6. In the opinion of the court should a corporation be run solely for the benefit of its shareholders? Must the corporation limit its activities solely to maximizing profits? What theories of CSR are reflected in their reasoning? 7. What is pivotal about the New Jersey Supreme Court Ruling? Please draw on materials in your course textbook in writing this Essay.

Law of International Organizations 2 The law of international organizations is an increasingly important field as these organizations are increasingly responsible for many competencies. International organizations exist in a variety of forms and serve a number of different functions with differing powers. However, they have many important common attributes such as their personality, governance, privileges, and responsibility. The legal officers of international organizations often look to other organizations for precedent for solving common problems. Over time, a coherent field of the law of international organizations is growing so that now a student of public international law must have an understanding of international organizations almost at the same level as an understanding of the international law of states. Also the number of positions at international organizations is increasing as the number of organizations grows making this an additionally important field. This course will examine the current state of the law of international organizations. The class will read texts and discuss various topics following a comparative study of international organizations. Initially the students will discuss the definition of the topic. What is an international organization? What organizations are included and excluded from consideration? The course will then move into substantive topics of international legal personality, powers and competence of international organizations, internal governance and decision-making, privileges and immunities, and responsibility and attribution. In contrast to the Year 2, Law of International Organizations mandatory course which focuses on the United Nations and does not take a comparative approach, this advanced seminar will discuss the United Nations, but only as a comparative example (and most important example) of an international organization (albeit having a general scope of competence and universal membership). This seminar will integrate the students’ existing knowledge of the European Union gained during the mandatory phase of the degree into the comparative study, as well as organizations encountered in, inter alia, International Criminal Law (International Criminal Court) and International Trade Law (World Trade Organization), etc., as well as international institutions not commonly studies in a course on international organizations (e.g. Conference of Parties, etc). Furthermore, the seminar will take the comparative understanding to a higher level of abstraction. Thus, the course provides a greater depth to the students existing knowledge of organizations and can be applied throughout the remainder of the student’s education in public international law.

Teaching Aims: The goals of the course are for students to be able to: 1. Draw on cases and other original materials to compare international organizations/institutions and articulate the relevant distinctions, and their legal consequences (i.e. applicable international law and identify arguments and counter-arguments) 2. Discuss, debate, defend and critique of international organizations/institutions 3. Solve hypotheticals by applying rules and arguments to new factual scenarios

Example of Assignment: Due to the increasing manufacturing strength of China, the nations of ASEAN (Association of Southeast Asian Nations) decide at the ASEAN Summit to impose import tariffs on goods coming from China of 50%. During the course of the summit, the President of the Philippines objects to the decision, arguing that such a tariff would be harmful to the entire region and affect the region’s global competitiveness. The Chair of the Summit, the Prime Minister of Vietnam, acknowledges the contribution of the President of the Philippines, requests that the objection be entered into the record, and concludes that a consensus on the issue had emerged. The motion for ASEAN member states to impose the tariff on Chinese source goods passed.

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In response, China notifies the various states that are ASEAN member states that it is considering requesting consultations under the terms of the WTO Agreements on this issue. The member states of ASEAN forward the communication to the ASEAN Secretariat. The ASEAN Secretary-General sends a diplomatic note to the Chinese observer to the “ASEAN Plus Three” meeting. The note argues that China cannot request consultations with the ASEAN member states since the decision that China wishes to object to is a decision made by ASEAN, and ASEAN is not a party to the WTO Agreements. In the meantime, the various ASEAN member states begin enforcing the 50% tariffs at their respective national borders. The enforcement is, as usual, performed by national customs officers inspecting imports and holding those imports at customs until the tariff is paid or the items are recalled to their country of origin (China). Each ASEAN member state includes the new tariff in its customs manual and regulations, along with other tariffs, duties and customs regulations. Each member state interprets the new tariff in line with its legal order – e.g. Vietnam imposes the 50% tariff on the price the goods would be sold for, whereas Cambodia imposes the 50% tariff on the value of the goods at the point of import. New customs officers are trained locally in how to enforce the tariff and suffer human resources penalties (salary penalties, adverse decisions in their human resources file, even termination) if they refuse to comply. China sends a diplomatic note to the ASEAN Secretariat stating that is disagrees with this legal conclusion. Then it once more sends diplomatic notes to the various member states of ASEAN threatening to request consultations. Most of the ASEAN members become very concerned that China might be authorized to impose sanctions, so at the ASEAN Summit the following year in Brunei, they begin diplomatic negotiations to reverse the decision to impose the 50% tariff. Vietnam objects to the proposal to reverse the decision, as does Cambodia. Brunei as chair finds that with two objections, the proposal to reverse does not pass and the tariff remains in place. China sends a “third and final” diplomatic note to each member of ASEAN, detailing the various sanctions that it will impose as lawful countermeasures. At the following ASEAN Summit, chaired by Cambodia (Burma still not enjoying hosting rights), Vietnam drops its objection to reserving the tariff decision. Therefore, all members of ASEAN, except Cambodia agree to reverse the decision. However, Cambodia continues to object, and as chair, states that its objection continues to block consensus. The other members of ASEAN object to this practice. They argue that it is an abuse of process. Cambodia refuses to comply. Subsequently, all members of ASEAN submit applications to withdraw from the organization, leaving Cambodia the only member. Those states then reverse the tariff in their domestic legislation. China formally requests consultations with Cambodia under the terms of the WTO Agreement. China states that Cambodia is in violation of the WTO Agreements by unilaterally imposing a tariff above the percentage permitted under its schedule of commitments under the WTO Agreements. Cambodia decides to hire external counsel to assist it through the consultations, and dispute settlement process, if necessary. It hires your firm. You are junior legal counsel in the law firm Wake & Blackstone. You have an initial meeting with legal officers from the Cambodian Foreign Ministry and Ministry of Trade. The officers argue that the tariff is an ASEAN measure, not an act of the Cambodian Parliament. You are asked to provide an internal, confidential memo analyzing Cambodia’s position and advising how to proceed.

Gender & Law This course aims, on one hand, to build understanding of the root causes and the interconnection between various forms of gender inequalities and violence. On the other hand, realizing the way law is implicated in gender inequality and gender based violence (law as agent of social ordering), as well as of the law’s potential to assist in countering these issues (law used to effect social change). For that purpose, students will read, critically analyze, and discuss CEDAW Committee, Inter-American Court of Human and European Court of Human Rights landmark cases that have contended with gender-based stereotypes, and the meaning of equality, discrimination and gender-based violence in domestic, transnational and international contexts. Additionally, cases before other forums and jurisdictions will be discussed (Guatemala, Colombia, South Africa). Further, students will be encouraged to think critically about law. Week by week, concrete legal contexts, such as equal protection, reproductive rights, the sex trade, work family issues, and violence, will be articulated to consider the relationships between legal rules and social context. They will examine how law can be used to change social institutions, identities and practices. The course aims to develop not only subject-specific knowledge and skills, but also transferable skills. In terms of the latter, particular attention is paid to research, analytical and strategic litigation skills. For this purpose, we will have two ‘Gender & Law Seminars- Guest Lecture Series’ featuring lectures on ‘Strategic Human Rights Litigation for Gender Justice’.

Teaching Aims: This 5 ECTS course aims at deepen understanding and building student’s analytical skills on the way that law creates and responds to gender inequalities and gender based violence engaging in gender analysis and debates about ongoing substantive and procedural issues, available legal remedies and strategic Human Rights litigation.

Example of Assignment: Nina and Petrov, are Russian nationals based in Nice, France, who in 2013 persuaded Juan’s parents to permit him to go to the France so that he could receive a better education The agreement specified that Juan, would participate in a “10-year sponsorship”, and Juan’s parents would receive 100 Euros per month. The agreement was made after Nina and Petrov threatened to turn over the Juan’s sister, who had been working for them, and would be accused by them of stealing, to the Nice police. Nina and Petrov used a fraudulently-obtained temporary visitor’s visa to bring Juan from the Philiphines– then 10 years old – into the Nice in August 2013. Nina and Petrov controlled the Juan’s passport at all times while he was in their custody. Nina and Petrov forced Juan to housekeeping and gardening work in their mansion, located in a gated community in Nice, France. Juan slept on a dirty, fold-up mattress in a small, windowless converter room in their garage. He received no compensation for his work. Juan was not permitted to attend school, or religious services. Nina and Petrov physically assaulted him on at least three occasions. On October 10th 2014, an anonymous phone call alerted authorities of Nice about this situation. The police rescued Juan, who is now in a shelter for undocumented migrants. Two days ago the Court of Nice issued an expulsion order against Juan, to send him back to Philippines. No investigations has yet started against Nina and Petrov. You work for the local ‘Child Protection Authority’ as a junior legal assistant. Your supervisor has tasked to write a legal memorandum that will be send to the district attorney in Nice to enquire investigation against Nina and Petrov for charges concerning to trafficking in persons of Juan. The legal memorandum must inform on the following issues: 1. Based on the definition of ‘Trafficking in persons’ provided in Article 3 of the ‘Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children’ asses to what extent and why the three constituent elements of Trafficking in persons’ are present in the case above? 2. In addition mention, in which sector the exploitation takes place and which form of trafficking (internal, transnational, or organized criminal group)?

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3. Based on the EU Directive on preventing and combating trafficking in human beings and the Council of Europe Convention on Action against Trafficking in Human Beings stress which kind of protection measures should be taken in order to protect Juan in the criminal investigations and proceedings? In order to support your argumentation, you are requested to use the following legal sources: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women, Children and Council of Europe Convention on Action against Trafficking in Human Beings and EU Directive on preventing and combating trafficking in human beings.

Use of Force This 5 ECTS course will familiarize students with the international systems of the maintenance of peace and security. The general principles will touch upon as well as substantive issues through the various cases that have to be analyzed. One of the most important questions of international law is the existence and maintenance of international peace and security. Whereas traditional 16-17th century notions of balance of power still shadow the development of the modern world order, today States, international organizations and increasingly non-state actors are becoming actively involved in armed conflicts. It is the ambition of international law to project as a prevalent, commonly shared-value on the international plane the maintenance of international peace and security; in a nutshell, to put an end to war. This course will attempt to trace humanity’s recent efforts to prevent armed conflicts. In doing so, emphasis will be given to the preventive instruments available to the international system, such as the United Nations legal and political organs. This course will offer an overview of the way, in which contemporary international law deals with modern warfare. The primary goal of this course will be an in-depth examination of the regulation of the legal situation following the failure of the peaceful settlement mechanisms, namely the law concerning the recourse to war (jus ad bellum). As such, both the centralized enforcement system of the UN Security Council and the different forms of the inherent right of self-defense will be the focal points of the present course. Over the course of this 7 weeks’ lecture period students will have learned to identify the main legal rules concerning the prohibition of resorting to the use of force in international law, as well as the exceptions to this prohibition. Students will also be offered a general idea of the main types of legal regulation of use of force under customary international and treaty law. It is the ambition of this course to familiarize the students with the basic elements of the international system for the protection of peace and the means available under international law to avert armed conflicts.

Teaching Aims: Students should be able to achieve the following learning outcomes: 1. Understand the concept and function of public international law on the use of force and its exceptions. 2. Understand the arguments for and against use of force and its exceptions. 3. Identify and understand the different theoretical underpinnings for use of force and its exceptions. 4. Analyse the rules pertaining to the use of force in light of their historical development since 1945. 5. Analyse the basic doctrinal components of the contemporary prohibition on the use of force and its exceptions on the basis of case-law.

Example of Assignment: Write an essay, addressing arguments for and against the following proposition: “The contemporary prohibition on the use of force prohibits cyber-war and cyber-self-defence.”

ICC & Other Tribunals The events immediately following World War II involved the search for an appropriate mechanism to dispense international justice, that resulted in the establishment of international military trials at Nuremberg and Tokyo, as well as the development of treaty law which specifically addressed international humanitarian law (the Genocide Convention of 1948 and the 1949 Geneva Conventions for instance). The pressing and constant desire of many individuals, local communities and much of the international community for justice in the aftermath of atrocities has only recently resulted in significant and potentially enduring efforts toward the adoption of an international criminal justice system. Thus, within the last two decades, ad hoc tribunals, the expansion of mechanisms of criminal accountability and the creation of a permanent International Criminal Court have evolved as remarkable innovations designed to administer justice. Despite rapid advances, troubling questions about whether International Criminal Justice simply represents punishment imposed upon the vanquished by the victors, or, more disturbingly, whether it is manipulated by the powerful to serve their interests and resist deeper social transformation, must be acknowledged, examined and answered. The institutional developments to answer gross violations of international law over the last two decades are the focus of “The ICC & Other Tribunals”. This course will give students an overview of the ICC and other criminal tribunals and an understanding of their general norms and principles. It will highlight the diversity of international criminal tribunals in terms of jurisdiction, constitution, law and practice.

Teaching Aims: The goals of this course are for students to be able to: 1. Understand the institutional developments of international criminal tribunals; 2. Analyze international criminal tribunals and their jurisprudence in a comparative manner; 3. Critically evaluate the impact of international criminal tribunals on the realization of human rights, justice and peace in conflict and post-conflict societies

Example of Assignment: Prepare a written (power point) and oral presentation (15-20 minutes) on one of the international criminal tribunals or mechanisms, including ICTY, ICTR, SCSL (Sierra Leone), STL, (Lebanon), IST (Iraq), ECCC (Cambodia), EULEX (Kosovo), UNTAET (East Timor). Your written work and oral presentation should address the following issues: - Brief history of circumstances leading to the establishment of the tribunal/mechanism and to which the tribunal/mechanism aims to respond; - Legal basis and constituent instrument; - Temporal, geographical and other jurisdictional considerations;

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- Some of the major and/or distinguishing features of the tribunal (e.g., relationship to domestic legal system, application of national law, its own statute, a mix, judicial appointments, prosecutorial discretion, cooperation etc.); - Examplary Case(s); - The advantages and disadvantages of the structure and manner of functioning of the tribunal. There will be two students per group working together. While each group prepares its presentation on one specific tribunal, each group member has to cover different issues related to that tribunal. Presentations will follow the order of weekly subjects in the course description.

Core Crimes (Genocide and Crimes against Humanity) This course provides a comprehensive inquiry into the historical background, legal elements and problems of proof concerning genocide and crimes against humanity. We will examine these crimes through an analysis of selected jurisprudence from international courts and tribunals, including the IMT, ICJ, ICC, ICTY, ICTR and the ECCC, scholarly articles and other relevant material.

Teaching Aims: At the end of this course, students will have deepened their understanding of the concepts, elements, and proof required for genocide and crimes against humanity; familiarized themselves with the most recent developments in international criminal jurisprudence; and demonstrated their ability to identify and apply these concepts to the assessment of factual narratives.

Example of Assignment: You are a junior legal officer who has been assigned to assist the ICTY Trial Chamber presiding over the prosecution of Radovan Karadžić. The parties have filed their final trial briefs and presented closing arguments. You can find the briefs and videos here (scroll to the bottom of the page): http://www.icty.org/case/karadzic/4 The Indictment: http://www.icty.org/x/cases/karadzic/ind/en/markedup_indictment_091019.pdf The Prosecution’s Final Trial Brief http://www.icty.org/x/cases/karadzic/custom5/en/140923.pdf The Accused’s Final Trial Brief http://www.icty.org/x/cases/karadzic/custom5/en/140929.pdf Case Information Sheet http://www.icty.org/x/cases/karadzic/cis/en/cis_karadzic_en.pdf Read the table of contents of the closing briefs of both the Prosecution and the defence. Select one count of the indictment and one criminal episode (“crime base”) charging a crime against humanity (first assignment) or charging genocide (second assignment). Narrow your selection to formulate a legal question that should be addressed in the final judgment. Study the parties’ submissions concerning your selection. In selecting your topic, please consider the word limit for the assignment. Draft a reasoned decision on a charged crime against humanity for inclusion in the final judgement. Length: between 900-1200 words. OSCOLA format. Include your word count on the last page.

Competition Law 2 (EU) EU Competition Law is a challenging subject affecting many policy makers, industries and legal scholars in Europe and worldwide. Advanced knowledge of this area is thus indispensable for those students who wish to pursue a career in European Business or within the European Legal Profession. Furthermore, after the European Commission imposed a €497 million fine on Microsoft in 2004, a US based corporation, for abusing its dominant position on the European market, no one questions the cross border implications of EU competition law and its international relevance today. The course covers the main principles of EU competition law, its scope of application and economic background. One of its core tasks is to define key concepts such as relevant market, market share and undertaking. The key topics include the legislative framework on the prohibition of an abuse of a dominant position under Article 102 TFEU (former Article 82 EC Treaty), supervision of concentrations (mergers and acquisitions) and EU rules on state aids under Articles 107, 108 and 109 TFEU (former Articles 87, 88, 89 EC Treaty). The main focus is furthermore on the leading cases of the European Court of Justice and the European Commission Decisions. An essential part of the course is dedicated to the relationship between EU and national competition law, application of EU Competition Law by the national and Community courts, enforcement by the European Commission and the National Competition Authorities.

Teaching Aims: Upon completion of the course, students will be able to: 1. Understand the fundamental concepts and rules of EU competition law 2. Understand how to read and comprehend the case law of the European Court of Justice 3. Prepare and give a case presentation 4. Identify the legal issues related to EU competition law and make decisions by weighing up the relevant interests and in accordance with the prescribed formal requirements.

Example of Assignment: Each student will write an Internal Memorandum addressed to other members of the European Commission Investigation Team concerning the assigned case. In this Memorandum the student will present and discuss the entire case, including the Commission Decision (note: this Decision must be publishable!). In particular, he/she will discuss ALL the relevant information that is necessary to form a well-funded opinion and that leads to a Commission Decision about the assigned case. The memorandum must be done in IRAC style format. The final (corrected) version must be uploaded on Blackboard on Monday of week 8 (at the latest at 23.59 hours). On Tuesday of week 8, the lecturer will provide a collection of all Internal Memoranda.

EU Sport Law

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Sport entered the 21st century as a societal phenomenon where nations, cities, and each citizen can measure not only its strength and strategic mindset, but also in generating business, incomes, from media, contracts, and major event. With the Olympic games, and the FIFA World Cup, Sport is the most broadcasted show in the World, and the sports, games become global, but in keeping their own rules of game, a certain self-regulation. National federations have as first requirements for being accepted in the International federation to stay disconnected from the governmental, political and executive power. Governance and policies call an integrated system of rules which must be compatible with the Kelsen hierarchy sources of law still. Major cases like the Bosman case in the European Union, set a fundamental difference between the American and the European approach, concerning the status of the Sportsmanship. Human Rights and Discrimination are also part of the Ethical approach of law in this field, and of course the economic value of Sport brings Intellectual Property Law, Contract law and Tax Law issues among others. Within Europe a distinction can be made between northern countries, which share the passive role of the State when promoting and effectively “managing” sport. And the southern Mediterranean countries, where there is a tradition of specific regulation.

Teaching Aims: Upon completion of this course, a student should be able to: 1. Identify and explain the fundamental concepts and rules of EU Sports Law; 2. Explain what the main characteristics of the litigation system in sport are and how this works; 3. Identify and explain the relation between EU rules on free movement of people and transfer rules and nationality clauses laid down in sporting bodies’ rules; 4. Describe and explain the contractual relationship between a players and its club as well as the status of sports agents; 5. Explain how doping is regulated in the WADA code.

Example of Assignment: Marina Palla is a professional Italian swimmer since 2008. She participated in the 2012 London Olympic Games where she first won a gold medal in the 400 meters medley. In 2014 she managed to qualify to the 16th FINA World Championships 2015 in Kazan (Russia). On 6 August 2015, she competed in the 200 meters medley arriving first. After the competition, she, Marca Lance, a British swimmer, and Andrada Luceiuc, a Romanian swimmer underwent an anti-doping test. Before the test, Marina signed a consent form and expressly declared that shehad recently not used any medication. Whereas Marca and Luceiuc tested negatively, the sample provided by Marina revealed the presence in her urine of one of the masking agents, desmopressin. The test was performed by the WADA-accredited MANDAC laboratory of Kazan. Both the “A” and the “B” sample analyzed tested positive. Marina was shocked and she claimed she had never used any prohibited substances and that she has never been found positive in an anti-doping control. She then remembered that the medical team of her home-country swimming club, Nuotatori Vicentini, regularly provided her with some nutritional supplements in capsules. Marina stopped taking the capsules just a few days before the world championship and, until now, she never had reason to suspect that the capsules were anything but nutritional supplements. In fact, she trusted them and never thought the capsules contained desmopressin. None of her team mates never tested positive to an an-anti doping test. Nevertheless, she is not sure they were given the same nutritional supplements. A few days later, the MANDAC laboratory issued a report containing the results of the analysis and indicating that the tested nutritional supplements contained desmopressin. As a result of that, the FINA’s Doping Panel suspended Marina from swimming competitions for a period of 2 years. Marina would like to appeal the decision to the CAS. You are a young lawyer in White and Case. She contacts you seeking for legal advice. In giving a legal advice to Marina, keep into account that the jurisdiction of the CAS is not disputed.

Arbitration This course is designed to give students insight into international arbitration in its different aspects, including both international commercial and investment treaty disputes. Particular emphasis will be placed on the policy underpinnings of international arbitration as an alternative to national and international court adjudication. The course begins with a recap of dispute settlement methods and agreement to arbitrate. It continues with an introduction to arbitration dealing with the relevant concepts, advantages and disadvantages of arbitration, arbitrability, confidentiality, and different forms of arbitration. The applicable laws on arbitration including the law governing the agreement to arbitrate, the law governing the arbitration procedure, the law applicable to the substance, the law governing to the recognition and enforcement of the award, and ethical rules and guidelines, as well as conflict of laws will be reviewed. During the next two Seminars, establishment of the arbitral tribunal, powers, duties, jurisdictions, conduct of proceedings, Evidence, witness testimony, party-appointed and tribunal-appointed experts, cross-examination, and document production, Interim measures, and challenges of the Judges, and award will be dealt with. Next seminar will be devoted to hybrid arbitrations and technical arbitrations. The course will end with the issues of recognition and enforcement of arbitral Award.

Teaching Aims: Learning goals of this course are: understanding the usual procedure of International Arbitration; being able to draft and recognize a valid and effective arbitration agreement; and understand the significance of the enforcement phase of arbitration. The purpose of the course is to introduce students to the fundamental legal underpinnings of this form of dispute resolution, including the establishment, operation, and implementation of awards of arbitral tribunals in international commercial disputes; the role of national courts in compelling, facilitating, and enforcing or vacating arbitral awards; and policies currently under consideration for changing arbitral practices. It introduces students to the basic elements of international arbitration from international perspective.

Example of Assignment: You are on the legal team representing the respondent in a breach of contract claim. The contract requires arbitration before the ICC. Both the claimant and the respondent have agreed to apply the IBA Rules on the Taking of Evidence in International Arbitration (IBA Evidence Rules). As a result of the respondent’s breach (which is not contested by the respondent) water damage occurred to three (of a total of five shipping containers). The shipping containers contained a mix of electronic goods ranging in value from inexpensive MP3 players to expensive LED televisions. The total value of all goods in all five containers was 2 million Euros. Claimant is seeking damages of 1.75 million Euros. Your client believes that this damage figure is excessive. Your client did not have any representatives present when the containers were unloaded. You believe that a customs official was present at the time the containers were opened and that he prepared a report that might help your case. The customs report has not been released to any of the parties.

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The respondent is contesting damages. Your team has been charged with the task of acquiring all the documents it can from the claimant and others that either prove that its claim for damages is correct, or, more importantly, that may help your client prove the damage claim to be excessive. Please in your memorandum discuss how you would use various aspects of the IBA Evidence Rules to get the documents you need. In addition, please draft a request for production of the report; and for production of two specific documents that are in the possession of the claimant.

Principles & Rules of Tax Law In the context of globalization, countries around the world are introducing domestic tax rules to promote investment and to protect their revenue base. As a consequence, lawyers and companies are required to understand the differences among income and corporate tax systems around the world. This course aims to introduce the main domestic income (and corporate income) tax provisions in civil law and common law countries and to provide working knowledge of these rules from a perspective of developing and developed countries. This course starts with an introduction to comparative tax law addressing first the differences between common law and civil law tax systems. Subsequently, the influence of the constitutional principles (e.g. legality, equality) in taxation will be studied. Thereafter, the basic structure of tax systems (i.e. global vs. scheduler) and the main concepts of income tax and corporate income tax will be addressed. Finally, specific issues regarding business income will be addressed including the differences in the taxation of business income and the methods for profit determination. This course will have a theoretical and a practical (comparative research) approach. During the course, the students will carry out comparative tax research on the issues discussed during the lectures. For this purpose, the students will choose 2 countries: one common law and one civil law country. The theory discussed during the lectures will be researched by the students in their two selected countries of study.

Teaching Aims: Students should be able to achieve the following learning outcomes: 1. Understand the basic principles of direct taxation mainly income tax and corporate income tax. 2. Understand the different rules between common law and civil laws to attract investment and to obtain tax revenue. 3. Identify the practical challenges faced by developing and developed countries when making tax law rules. 4. Understand the main features of the tax systems of countries such as definition of tax, tax principles, sources of tax law, definition of income and taxable unit, schedular versus global elements in income tax, rate schedules, business income, and methods for profit determination.

Example of Assignment: Compare the Income Tax Laws and Constitutions of the two selected countries (one common law and one civil law country) and write an essay identifying the following: a) Are the countries of study, common law or civil law countries? b) What are the relevant features of the tax systems of your country of origin and the country assigned? c) Are there any principles applicable to taxation in the Constitutions of the selected countries? Or any other legal principles applicable to taxation? d) What are the sources of tax law of the selected countries? Internet websites for research • International Constitutional Law contains the text of several Constitutions:http://www.servat.unibe.ch/icl/ • Constitution finder University of Richmond: http://confinder.richmond.edu/ • The world law guide: Links to legal sites in the world. http://www.lexadin.nl/wlg/ • International Tax Dialogue: Double tax treaties database and international tax updates: www. itdweb.org • International Chamber of Commerce: http://www.iccwbo.org/policy/taxation/ • Comparative and Foreign Law Guides: http://www.llrx.com/comparative_and_foreign_law.html

Private International Law 2 Private International law (PRIL) triggers the interests of practitioners and scholars across the globe due to the internationalization of commercial litigation. The key issues in Private International Law are jurisdiction of courts, applicable law and recognition and enforcement of foreign judgments. The differences in approach to these issues take into account whether a country has a common law or civil law approach. For instance, Private International law is known in common law countries like the United States and the United Kingdom as Conflict of Laws and it also contains principles that differ from civil law countries such as the principle of forum non conveniens. Private international law has evolved a great deal in recent years, due in part to the successes of international agreements in harmonizing the laws of individual countries. At the European Level Regulations such as Brussels I Regulation, contain the main principles dealing with jurisdiction, recognition and enforcement, and Rome I and II Regulations the main principles dealing with applicable law for contractual and non-contractual obligations. At international level, the Conventions of The Hague Conference on Private International Law, the International Law Association (ILA) Principles and the Vienna Convention on the Sales of Goods (CISG) are of importance in Private International Law.

Teaching Aims: Using the course text, selected cases and other materials students will learn to identify and anticipate the issues and problems that arise in the different issues of private international law. In particular students will: Understand how to identify different private international law issues, such as jurisdiction and applicable law. Develop the ability to apply private international law methodology to a given case. Develop the ability to offer advice on how problems arising in a given private international issues may be resolved.

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Example of Assignment: Essensys BV, a company with its registered offices and main place of business in the Netherlands, is involved with dredging activities in the Red Sea. On the 12th January 2014, Essensys BV concluded a contract with Talia GmbH for the purchase and maintenance of an ocean-going dredging vessel. Parties agree in the contract that Talia GmbH, a company with its registered offices and main place of business in Germany, is to deliver the vessel to Jeddah, on the west coast of Saudi Arabia. The contract is, however, silent with respect to the place where payment of the purchase price is to be effectuated. Furthermore, the contract includes provisions for the annual maintenance of the vessel in the dry docks owned by Talia in the port of Jeddah. The vessel is to be purchased for the sum of €10 million, with the maintenance costing €200,000 annually. Essensys fails to pay the purchase price and Talia wishes to commence proceedings. Talia has instructed his lawyers to commence proceedings in February 2015. Relevant information: The Netherlands is a Member State of the European Union and is a contracting party to the Vienna Sales Convention 1980. Furthermore, according to the law of the Netherlands, payment is presumed to take place in the country of the buyer’s habitual residence. Germany is a Member State of the European Union and is a contracting party to the Vienna Sales Convention 1980. Furthermore, according to the law of Germany, payment is presumed to take place in the country of the seller’s habitual residence. Saudi Arabia is neither a Member State of the European Union, nor a contracting party to the Vienna Sales Convention 1980. Furthermore, according to the law of Saudi Arabia payment is presumed to take place in the state in which delivery of the goods has occurred. Question 1 Do the German courts have jurisdiction to entertain Talia’s claim for the purchase price? *** In order to ensure that Essensys does not dissipate all of its assets, Talia acquires an order from the Spanish judge ordering Essensys to pay an advance of the purchase price to Talia. Talia is aware that Essensys has large stockpiles of goods stored in Spanish warehouses. Talia now wishes to have this decision enforced in Germany. Question 2 Can the decision of the Spanish court ordering Essensys to pay a provisional advance of the purchase price be enforced in Germany?

NATO & International Security This course introduces students to the North Atlantic Treaty Organization (NATO). Established in 1949 primarily to defend and protect the ‘West’ against the Soviet-led communist threat, the 21st century NATO could rather be seen as a tool of its member states to influence and adjust regional and global power balances. Having carried out a number of small and large military operations, both in- and outside Europe, the Atlantic Alliance has proven to be a tool of collective security, acting as a ‘subcontractor’ to the United Nations.

Teaching Aims: To enable students to: - Describe, analyze, and critically reflect on NATO’s roles and tasks in the framework of International Relations and security; - Describe the functioning of NATO as intergovernmental organization, applying knowledge of the law of International Organizations - Transfer and apply understanding of NATO and international security to NATO operations

Example of Assignment: On 18 March 2014 Russian President Vladimir Putin signed a bill to absorb the Crimean Peninsula, Ukrainian territory, into the Russian Federation. The step further escalated the ongoing crisis over Ukraine. You are employed as junior legal advisor at the International Staff of NATO. Your superior, Ambassador Thrasyvoulos Terry Stamatopoulos, Assistant Secretary General for Political Affairs and Security Policy, is tasked by the North Atlantic Council to design an appropriate role for NATO in the Ukrainian crisis. Write a memorandum to Ambassador Stamatopoulos addressing his questions, as follows: A. Describe in relevant detail the current relationship between NATO and Ukraine. Include and elaborate on the applicable references to this relationship in the current NATO Strategic Concept, and explain the legal force of these references. Has the NATO-Ukraine relationship been institutionalized? If so, what are the institution’s powers? B. Describe in relevant detail the current relationship between NATO and Russia. Include and elaborate on the applicable references to this relationship in the current NATO Strategic Concept. Has the NATO-Russia relationship been institutionalized? If so, what are the institution’s powers? C. Ambassador Stamatopoulos suggests that NATO take a smart-power approach to the Ukrainian crisis. You are tasked to contribute to the development of a smart-power policy. Describe what smart power entails, the goal(s) the policy should serve, and the tools and mechanisms NATO has at its disposal to develop such policy.

Social & Economic Rights Social and Economic Rights are often referred to as the second generation of human rights. The distinction between the generations of human rights may be a useful one when it comes to the academic debate, in practice the distinction is less clear. The academic debate may focus on the distinction of the nature of the rights (civil & political vs. social & economic) and the difference in state obligations and legal protection of the rights. Practitioners will generally focus on the substance of the rights searching for means to make any human right justiciable. The course Social & Economic Rights will look at a variety of rights that are generally considered as social & economic rights. In seven seminars the students will study the selected rights with a view to making them justiciable. This will be achieved by studying selected texts as well as comments and case law from the authoritative bodies of international and regional international organizations. The first seminar will focus on the question what social and economic rights are. The discussion will focus on the difference between social and economic rights and other human rights, state’s obligations and justiciability of social and economic rights. In the other seminars of the course specific rights will be studied and discussed. The rights have been selected on the basis of the impact that (the absence of) these rights have on people’s lives.

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The following rights will be studied: the right to health, the right to food and water, the right to housing, the right to education, the right to social security, and the right to work. Besides looking at the rights themselves there will be specific attention for the position of women and children in relation to the rights.

Teaching Aims: Knowledge on Social & Economic rights and the application of that knowledge. Developing research skills and transferring that research in class discussions. Communication skills through class discussions and the oral exam. Representation and advice in one assignment.

Example of Assignment: Economic, Social and Cultural Rights are generally conceived as creating State obligations rather than individually justiciable rights. From a historical and legal perspective observations can be made to challenge this statement. Draft a 1000-word essay to this effect on the basis of General Comments No. 3 and 9 of the Committee of Economic and Social Rights and the Limburg Principles and Maastricht Guidelines (all available online).

Terrorism Terrorism generally refers to the threat of use of violence against civilians in order to achieve political goals. It is one of the most controversial, contested and contemporary subjects of public international law. While ‘terrorist’ is often used by governments as a pejorative term to condemn their political enemies, in reality a terrorist is an individual who uses terrorist means and methods – that is, tactics designed to inculcate a feeling of terror in the civilian population, whether in time of war or peace. Because of the intense controversy surrounding what constitutes terrorism – as summarized in the aphorism, ‘one man’s terrorist is another man’s freedom fighter’ – the law regulating terrorism remains underdeveloped. While there is a plethora of anti-terrorism conventions, each one addressing specific aspects of terrorism, such as hijacking or hostage-taking, there remains no comprehensive international convention on the definition of, and legal responses to, terrorism. This is partly on account of the difficulty in agreeing on a common definition of the term ‘terrorism’. Yet efforts to draft and ultimately to agree on a comprehensive treaty on terrorism continue under the auspices of the United Nations. A recent decision by the Special Tribunal for Lebanon holds some promise for formulating a future definition.

Teaching Aims: 1. Understanding the concept of terrorism and its modalities 2. Understand the international legal framework concerning counter-terrorism means 3. Familiarization with the various anti-terrorism conventions and other applicable international treaties and customary rules; knowledge of current efforts to agree a comprehensive definition and obstacles to same 4. Ability to distinguish terrorist methods and means from legitimate methods and means of warfare 5. Analyse the legal rules pertaining to terrorism in light of their historical development

Example of Assignment: Write a short essay, addressing the legal implications, theoretical underpinnings and arguments for and against the following proposition: “One man’s terrorist is another man’s freedom fighter”.

Evidence The course examines the evidentiary requirements that enable guilt or innocence to be proven before a tribunal. Fundamental to any system, is the requirement that the fact-finder consider evidence to prove or disprove the existence of facts alleged to exist or to have existed in the past. Comparisons will be made between courts belonging to the common law tradition, (which rely on complex rules of evidence, with varying burdens of proof at different stages that are central to the adversarial trial process) and courts belonging to the civil law tradition, (which consider all relevant evidence without the use of formal rules and utilizing a single burden of proof). The International Criminal Court has combined inquisitorial and adversarial approaches and all legal systems engage in assuring the proper balance between probative value and prejudicial effect. Students will examine general principles of evidence, focusing primarily on the common law rules of evidence, particularly those used in Canada, to illustrate the challenges associated with building a case. Four traditional types of evidence are examined in detail, in addition to fundamental evidentiary concepts such as disclosure, burden of proof, corroboration, relevance, credibility and others. Specific practical evidentiary issues will also be analyzed, including; illegally obtained evidence, expert evidence, rules in relation to sexual assault offences, as well as evidentiary frailties. Evidence can be presented in a variety of ways and sometimes its effectiveness may depend on the manner in which it is presented, therefore students will develop the ability to; conduct witness examination, cross examination, introduce exhibits and tender expert evidence both through the synthesis of case principles and practical exercises.

Teaching Aims: At the end of the course, students have 1. Understood and have the ability to explain the concepts, purpose and distinctions between evidentiary frameworks under national and international criminal law; 2. Understood and applied various scholarly analyses of evidentiary rules and international criminal evidence; At the end of the course, students can 3. Identify and apply general principles of criminal evidence in both a substantive and procedural manner; 4. Demonstrate the ability to lead evidence, including the tendering of witnesses, exhibits and expert evidence.

Example of Assignment: On the basis of a case scenario involving an accident, performance, or criminal quasi-criminal offence (the event), take a written statement from a potential witness. Your goal is to establish the exact observations, movements and activities of the person being interviewed during the event. You must include in the statement a description of the clothes they were wearing at that time, the vantage point from which the event was observed and the names and contact details of all witnesses (minimum 2) who might be able to provide corroboration. Be sure to have the statement properly signed, dated and initialed on the bottom of every page.

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Important: You MUST have the witness identify at least 3 potential exhibits (pieces of evidence) and attach an Exhibit List to the last page of the statement. (For the purpose of this assignment you do not need to actually seize the exhibit, but you must take a photograph of the evidence in question and number each photograph/exhibit. The exhibit must be clearly identified so it may be introduced into evidence.) Finally, you MUST complete a separate 2 paragraph memo (200 words) describing in detail the exhibits which were seized, including when, how by whom they were obtained. (The memo is to assist you should the witness deny that the interview took place and to help you refresh your memory should you be required to testify.)

Rights of the Accused This course examines the rights of persons who are suspected or accused of having committed a criminal act. From suspicion and investigation to arrest and trial, culminating in the execution of a criminal sentence, we will examine the application of international human rights standards in the administration of justice by domestic courts and international tribunals. We will analyse current and historical events through the lens of international human rights standards as interpreted by the European Court of Human Rights, the International Criminal Court and ad hoc international tribunals. Through role-play, advocacy exercises and case studies, we will explore how the rights of the accused can be given full effect. We will start by examining the roles of the judges, prosecutors and lawyers in upholding the rule of law. We will consider the application of standards governing the investigation and prosecution of crimes, and the treatment of persons who are suspected of criminal activity but not formally charged. We will also consider the rights of persons deprived of their liberty following trial. Our investigation of the rights of the accused will include to the “war on terror”, extraordinary rendition and enforced disappearances, arbitrary or indefinite detention, torture, and extra-judicial killings. Finally, we will examine special issues concerning victims of crimes and human rights violations, the imposition of the death penalty, and the treatment of children accused of crime. This course focuses on the application of human rights standards in the administration of justice, with particularly emphasis on the interpretation of relevant human rights instruments by the European Court of Human Rights, the International Criminal Court, and the International Criminal Tribunals for the former Yugoslavia and for Rwanda. Readings will be drawn from primarily two texts: The Trial Observation Manual for Criminal Proceedings by the International Commission of Jurists and the United Nations training manual Human Rights in the Administration of Justice.

Teaching Aims: At the end of this course, students will have deepened their understanding of the concepts, elements, and proof required for the application of international human rights standards in the administration of justice; familiarized themselves with the most recent developments in international criminal jurisprudence; and demonstrated their ability to identify and apply these concepts to the assessment of factual narratives and the advocacy of a reasoned legal position.

Example of Assignment: The ICTY issued an indictment against Dr. Vojislav Šešelj in 2003. He surrendered to the Tribunal and made his initial appearance on 26 February 2003. Dr. Šešelj was detained at the UN Detention Unit until the Trial Chamber proprio moto ordered his release on 6 November 2014. Using the public case record and relevant legal principles and decisions, formulate a persuasive legal and factual narrative that demonstrates one of the following propositions: (1) (defence) Dr. Šešelj was denied his right to a trial without undue delay (2) (prosecution) Dr. Šešelj received a trial within a reasonable period of time Length: between 900-1200 words. OSCOLA format. Include your word count on the last page.

EU Company Law European Company Law (ECL) provides the top-most layer of EU regulation, which strives for a level playing field for businesses across the EU. It provides regulatory intervention in the complex relationships between businesses, investors, shareholders and creditors. If you compare it to any national EU law, it is not a well-developed area of law as it does not guide you how to set up or run a company in a given EU country. These issues are governed by the national law of the EU MS. In that sense, ECL deals with these major issues by providing uniform, harmonised rules: creditor protection, shareholder protection, domestic and cross-border mergers and divisions and rules on the European Company and European Private Company. What exactly is the scope of ECL? It all started with the idea that creditor protection is important. This falls largely within the scope of the 1st Company Directive, which deals with the requirement to provide certain uniform information for companies limited by shares in the interest of their creditors. Specifically, the directive deals with rules on formation, capital and disclosure requirements, which will be discussed in detail together with the relevant case law. Another important part of the course deals with shareholder’s protections, including protection in case of hostile or friendly takeovers. The Takeover Directive is a relatively recent instrument, which deal with the interplay between management and shareholders or investors. Next the course will delve into the rules of domestic cross-border mergers and divisions under the 3rd, 6th and 10th Company Directives. Finally, we will address the issues concerning the transformation of a purely national company or a group of companies into a European one through the rules on cross-border mergers and on the European Company (SE) and the European Private Company (SPE). This course in sum aims to provide an intensive, practically oriented discussion of current ECL issues. Both jurisprudence and legal doctrine will be pooled into the dynamic weekly seminars covering a number of topics in order to introduce the students to recent developments and main debating points in this area.

Teaching Aims: 1. To enable the students discuss and analyze key issues of European Company law; 2. To enable the students apply in key case studies the legal issues faced by individuals and businesses; 3. To prepare the students to analyse the case law of the Court of Justice; 4. To discuss recent publications from authoritative legal journals such as the European Law Review and the Common Market Law Review.

Example of Assignment:

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Write a critical and analytical paper on the following topic: “The Mandatory Offer in the EU Takeover Directive: an Effective Instrument for Minority Shareholder Protection?” Strive to develop one main argument, rather than describe and compare legislation or case law. You can base your paper on EU law only or alternatively on the implementation of EU law in one national jurisdiction that you are familiar with.

EU Consumer Protection For a long time, EU consumers have been faced with difficulties when using financial services, which have been intensified by the financial crisis, leaving consumers with serious concerns about the future of their personal deposits and savings, loans, mortgages and pensions. Thus, the course will focus on ‘financial consumer protection’ regulation. Consequently, it will identify different instruments of regulation, legal techniques, rationales, benchmarks, best practices and legal remedies to enhance the protection of the consumers in financial services. Further, the course aims to develop not only subject-specific knowledge and skills, but also transferable skills. In terms of the latter, particular attention is paid to research and analytical skills.

Teaching Aims: This 5 ECTS EU Consumer Protection course focuses on case law, rationales, legal techniques, benchmarks, legal remedies applicable to enhance the protection of the consumers in financial services. Students should:  Understand European Financial Consumer Protection in the light of European directives and case law of the European Court of Justice.  Have working knowledge of the legal techniques, benchmarks, legal remedies applicable to enhance the protection of the consumers in financial services.

Example of Assignment: In order to be effective, a claim for unfair commercial practices should not be conceived to increase the plaintiff’s burden of proof. On the one hand, Recital 12 to the Unfair Commercial Practices Directive(UCPD) states that it is for national law to determine the burden of proof, on the other hand Article 12 states that courts or admin bodies should be enabled to require the trader to furnish evidence as to the accuracy of factual claims if such a requirement appears appropriate on the basis of the circumstances of the particular case. Please provide a comparative analysis on how these provisions Recital 12 and Article 12 of the UCPD have been implemented in the national law of two EU member states of your choice. In addition, you MUST provide conclusions. In analysing these provisions and its implementation in national law of two EU member states you MUST use CJEU case law.

Multinationals & Corruption Anti-corruption strategy has moved to the center-stage of corporate planning and policy. A growing understanding of the link between corruption, political instability, poverty, lack of sustainable development and international crime has led to a worldwide consensus criminalizing bribery in international business transactions. This has resulted in a regulatory climate where multinational corporations (MNC’s) have to ensure that company activities are in line with minimum standards of compliance. In this course, students will examine basic concepts of corruption and the challenges it poses to business and governance. Social and cultural challenges to fighting corruption in an integrated market are discussed. Students will then study selected national, multilateral, regional and international instruments that circumscribe a corporation’s dealings in the effort to win international contracts. Particular focus is given to the 1977 US Foreign Corrupt Practices Act and the 2010 UK Bribery Act. Students will review emerging enforcement practices that encourage co-operation by corporations with enforcement authorities by rewarding self-policing and voluntary disclosures. In addition to this, students will examine the principal elements of effective compliance programs. Attention is paid to the pitfalls of a predominantly criminal law approaches to fighting corruption. In response to this, the course will expose students to emerging private actor approaches that impact on the operation of multinational corporations. Two primary areas of private actor legal intervention i.e., (a) challenging the validity of contracts tainted by corruption and (b) instituting legal proceedings for damage suffered as a result of corruption by private parties are explored in this regard.

Teaching Aims: Goals: Students will be able to: 1. Understand the international framework of rules governing anti-corruption law and policy. 2. Apply anti-corruption rules and regimes to business transactions and activities. 3. Offer advice on how a corporation can develop and manage an effective anti-corruption policy

Example of Assignment: Please select ONE of these Corporations 1. Siemens 2. Alstom 3. SBM Offshore 4. Niko Resources 5. KBR / Halliburton 6. BAE 7. Innospec 8. MABEY 9. Total SA 10. Alcoa 11. Snamprogetti Netherlands B.V. / ENI S.p.A (Holland/Italy): $ 12. Technip 13. JGC Corporation 14. Daimler AG Outline the problem and solution reached between the corporation and the prosecuting authorities. Then answer the following questions:

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(a) What are negotiated settlements for corruption offences? (b) Can your corporation profit from such a mechanism? Are there steps it needs to put in place? (c) What are the possible outcomes of a process of negotiation with the prosecuting authorities? (d) In your opinion, should negotiated settlements for corruption offences be discouraged for discouraged?

International Taxation In the context of globalization, countries around the world are introducing international tax rules to remove obstacles to cross- border transactions as well as to protect their revenue base. As a consequence, lawyers and companies are required to understand the international tax consequences of their cross-border transactions. This course aims to introduce the main domestic and international tax provisions applicable to cross-border transactions and to provide working knowledge of the instruments to deal with juridical double taxation and tax treaty abuse in developing and developed countries. This course starts with a description of the principles of residence and source and of the concepts of active and passive income. Subsequently, the instruments to prevent double taxation such as bilateral tax treaties and unilateral tax provisions will be addressed. Thereafter the methods to prevent double taxation will be explained. Finally, a general introduction to international tax planning and the measures to prevent tax evasion, tax avoidance, and base erosion profit shifting will be presented.

Teaching Aims: Students should be able to achieve the following learning outcomes: 1. Understand the basic principles and international aspects of Income Taxation. 2. Understand the domestic and international tax provisions to prevent juridical double taxation in cross- border transactions available in the Tax Code and Bilateral Tax Treaties. 3. Understand the domestic and international tax issues influencing tax systems in developing and developed countries such as transfer pricing, permanent establishment, taxation of active and passive income (e.g. dividends, interest, and royalties), technical services, and exchange of information. 4. Identify the practical challenges faced by developing and developed countries in order to prevent tax fraud, tax evasion and aggressive tax planning including the solutions provided by the G20, OECD and UN to address base erosion profit shifting (BEPS).

Example of Assignment: A company Y incorporated in Jamaica carries out exploitation of hotels and bungalows in several countries around the world. The director of the company Mr. X (a US national) likes to travel. He does not have a permanent home but he does stays most of the time (70%) in hotels and bungalows of the company located in the Netherlands. In the Netherlands, he has his friends and he practices his hobby (i.e. golf). From these places in the Netherlands, he manages the company Y by means of electronic equipment computer, fax, modem, etc. The sole shareholder of company Y is located in the United States. You work for the Dutch tax administration, and assuming that the relevant tax treaties read similar to the OECD Model, please answer the following questions: a) Can you levy taxes in the Netherlands for the income of Mr. X? b) Can you levy taxes in the Netherlands for the income of the company Y? c) What would be the treatment of the dividends distributed by Company Y to its sole shareholder located in the US (if the tax treaty read as the OECD Model)? d) What would be the treatment of the dividends distributed by Company Y if the shareholder will have only 10% of the capital (if the tax treaty read as the OECD Model)? Or: Richard Smith (a US citizen) lives with his family in the United Kingdom. He works as a publicist for Louis Vuitton S.A in Paris, France. His salary is being paid by Louis Vuitton S.A. Richard Smith earns income from his publicist activities in France where he works for 184 days. Richard owns two apartments in New York and San Francisco (the United States) and a house in London (the United Kingdom). The United States and the United Kingdom want to tax the worldwide income of Richard Smith whereas France wants to tax the income from employment. a) Does double taxation occur? Which principles of taxation are in conflict? b) Do tax treaties take away the resulting double taxation if they are based on the OECD Model? Explain your answers. c) In respect of employment income, determine the amount of tax in each country to be paid by Richard applying the credit method. Please note that Richard does not earn any income from employment in the United Kingdom. - income (from employment) obtained in France 200,000 - tax rate in the United Kingdom 40% - tax rate in France 20%

Intellectual Property Law This course explores the concept of intellectual property rights and their justifications. Should the pharmaceutical company which invented a new AIDS medication be forced to license it at an affordable price for production in a developing country? How is the pharmaceutical company going to recover the millions spent on research and development during the last decades? Why the software are protected differently in the US than in Europe where it is rather considered as computer programs falling under the copyright protection? What are the different steps in the Life Cycle of a patent, or a trademark or a copyright? What will be the next developments of the consideration of the IP rights in the EU and US legislation? What are the “minor areas” dealing with an Industrial and Intellectual Protection? These are some of the questions discussed. Intellectual property rights have two main features: they can be exclusive or territorial in nature. Territorial criteria can determine largely the differences in the main areas of Trademark, Copyright or Patents. In order to soften the territoriality principle, minimum standards for protection of intellectual property rights were provided for in various international treaties (Berne Convention, Paris Convention among others). To reach the same goal, other international treaties provide for simplified mechanisms for obtaining national registrations (Madrid Agreement and Madrid Protocol).

Teaching Aims:

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Upon completion of this course, a student should be able to: 1. Understand and apply the fundamental principles and rules of intellectual property law in both United States and Europe. 2. Understand the differences and similarities between these two legal major systems in the field of intellectual property law. 3. Develop the ability to advise on the legal issues related to intellectual property law and represent weighing up the relevant interests in a complex structured case, with interim supervision and instruction and some urgency.

Example of Assignment: Bill Lorange considers himself to be a great connoisseur of contemporary pop music. He often wants to express his opinions on the repertoires of composers and artists. Bill Lorange’s main source for knowledge is the Internet, where he not only finds new recordings but also communicates his findings with others via his own website. However, a friend indicates to Bill Lorange that some of his activities may violate the copyright of some authors, what makes Bill Lorange come to you for your answers in a memo to the following questions: - Could Bill Lorange make copies on his private hard disc of musical files in the MP3 format found under someone else’s website? Does it matter that Bill Lorange is fully aware of the fact that those files he finds on the Internet are generally not available there with the consent of the right owners? - Would Bill Lorange violate the rights owners’ copyright if he indicates on his own homepage what recordings he has found on the Web worth listening to and hereby also offers a hypertext link to the place where each MP3 file is available? A few recordings stored on Bill Lorange’s hard disc are copied from discs (CDs) that Bill Lorange has purchased from his local record dealer. The titles of those recordings are listed on his homepage who would like to lisent to such a recording could do so by clicking on the chosen title. But Bill Lorange has taken the necessary measures as to limit the visitors use to listening, whereas such a recording could not be copied by the visitor. - Would Bill Lorange harm the composers’ or the performing artists’ rights by these measures?

Tort & Business In the 19th and 20th centuries, as a development of a globalizing world various large corporations have dynamically transformed themselves. From companies at a domestic level they were turned into companies in a corporate group in order to pursue global economic and investment activities. Multinational corporations or multinational enterprises (hereinafter: ‘MNEs’) became important actors in the business world. MNEs have acquired a solid position in the world. A dilemma pertaining to multinationals is caused by their unique legal status; they have immense economic powers and enormous political and social influence. In their position and interaction with their socially and economically weaker counterparties they are easy to inflict harm or breach laws. At the same time, over the past decades, multinational corporations have been increasingly facing tort law claims, often with cross-border elements. In terms of accountability a huge problem for holding multinationals to account is that company laws and tort laws in many jurisdictions are hardly designed to govern liability issues relating to MNEs. Tort & Business discusses tort liability of MNEs from an interdisciplinary and comparative perspective. We will start off with the legal characteristics of MNEs from a corporate law point of view. We will then discuss the legal framework that governs MNEs. Tort law principles related to the liability of MNEs from various jurisdictions are looked into as well as legal grounds for their tort liability. Through case law readings and class discussions we will assess where the legal framework fails to cover tort liabilities of MNEs. This course concentrates on issues caused by company law principles and procedural issues in defining the scope of tort liabilities of MNEs. Topics include vicarious liability, corporate group liability and jurisdictional issues.

Teaching Aims: At the end of the course, students have 1. deepened their understanding of the issues surrounding tort liability of MNEs 2. furthered their ability to identify the main legal issues relating to tort liability of MNEs in the legal systems under discussion 3. deepened their understanding of the influence of corporate law on the scope of tort liability of MNEs 4. studied the main legal issues relating to tort liability of MNEs from a comparative law perspective by studying their text book and examples of tort liability issues in respect of MNEs in case law At the end of the course, students can 1. reproduce the most recent developments in scoping MNEs tort liabilities 2. identify legal issues relating to tort liability of MNEs and provide for an analysis of how these issues should be approached 3. independently assemble, assess and apply relevant facts, legislation and case law in order to solve legal issues relating to tort liability of MNEs

Example of Assignment: Write an essay, addressing arguments for and against the following proposition: “Corporations should not be able to uphold the principle of limited liability for shareholders in case of tort claims, regardless whether they are large and operating in multiple jurisdictions or small and operating domestically within the borders of one jurisdictions.”

Refugee Law Migration plays a huge role in the modern “global village”. Starting on the one side with massive urbanization within nation states, moving to voluntary migration to other countries and ending with refugees, the legal side of it is of serious concern to all countries in the world. Migration Governance (global, national and on the European level) is of great relevance. Three forms of migratory movement can be discerned: labour migration (incl. study), family migration (reunification & formation), protection migration (asylum refugees IDPs). In fact, refugees and asylum-seekers represent less than 10% of the total migratory flows. Yet, its impact is enormous. In this course the various aspects of asylum law as well as practical matters in the field will be dealt with. Also the link between asylum on the one hand and migration and statelessness on the other will be highlighted (the so-called triptych). Asylum is not just

14-9-16 Page 35 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.1 AL Subject: Exchange - Courses Status: For print a human rights issue. Asylum can be looked into from various angles, including economics, demography, statistics, social and political sciences and e.g. economy and sustainable development. This course, focuses on the legal aspects, but the reality in the field will also come to the fore. The course starts with the public international law perspective on migration and refugees in particular, including a close study of articles 13, 14 and 15 of the Universal Declaration of Human Rights. These three articles deal with migration, asylum and nationality (statelessness), and these three aspects will feature throughout the semester. In doing so knowledge of other courses in the Program is mobilized, like on human rights law and international criminal law, allowing students to realize that within the specialized areas of public international law and European law, lawyering is never an isolated exercise. Time will be spent on the implementation of refugee law and the work of the United Nations High Commissioner on Refugees, IOM and ILO. Part of this general introduction to the subject is an intermezzo on nationality, without which concept no discussion on migration is possible.

Teaching Aims: 1. To enable students to understand the key concepts of Refugee Law; 2. To prepare students read, find and understand Refugee Law instruments as well as case law of various judicial bodies at the international, regional and national level.

Example of Assignment: Background: Italy Often Turns Back Asylum Seekers Arriving Illegally From Greece, Report Says (NYT, January 21, 2013) ROME — Instead of following international standards on how to treat asylum seekers and unaccompanied migrant children who arrive illegally from Greece, the Italian authorities have been summarily returning them, according to a report by Human Rights Watch scheduled to be published Tuesday. Officials in several ports along Italy’s Adriatic coast routinely return stowaways on ferries from Greece within hours, without adequately considering requests for asylum or, in the case of children, admitting them to determine their best interests, the report said. Human Rights Watch said its findings were based on interviews with government officials, social workers and 29 men and boys who had been returned to Greece, which the organization said reflected broader practices in Italy. Officials at the Italian Interior Ministry said Monday that they could not respond immediately to the assertions in the report, which was shown to reporters before publication. The report said it was difficult to determine how many migrants were affected. In the southern Italian port of Bari, almost 900 migrants trying to enter Italy were intercepted from January 2011 to June 2012, and just 12 were allowed to remain, the report said; broadly similar figures were cited for Venice in 2010 and most of 2011. Considering “that people are detected and returned also from Ancona and Brindisi, it’s safe to assume we’re talking about several thousand people a year,” Judith Sunderland, senior Western Europe researcher at Human Rights Watch, wrote in an e-mail. Criticism of Italy’s practice of returning intercepted migrants to Greece is “unfortunately nothing new — it’s been going on for years,” said Christopher Hein, director of the Italian Refugee Council. Mr. Hein said the arrival of more youths from Afghanistan, Syria and other troubled countries “makes it more alarming.” Recounting the harrowing details of illegal journeys into Italy — traveling in refrigerated food trucks or between axles underneath cars and buses — the report offered a stark reminder of what migrants risk in their attempts to reach European Union countries in search of a better life. Many do not make it alive. Of the 29 people interviewed by Human Rights Watch, 13 were minors when they were returned to Greece; the youngest was 13, the group said. None were given access to legal counsel or social services, as required by the Convention on the Rights of the Child, the report said. Federico Fossi, a spokesman for the United Nations commissioner for refugees in Italy, called the assistance services for migrants arriving in Italian ports on the Adriatic Sea “discontinuous and inadequate.” The Human Rights Watch report noted that the “generally adverse conditions in Greece” meant that many of those who were returned would attempt the journey to Italy “again and again.” The report said that the nongovernmental organizations, interpreters and human rights lawyers who try to assist arriving migrants often do not get access to them when they are detained in Italian ports, leaving many migrants unaware of their rights. Instead, stowaway asylum seekers and minors discovered by Italian border officials are put on commercial ferries, where they are frequently kept in makeshift holding pens, for the return voyage to Greece, the report said. Economic troubles and rising xenophobia there have made the situation “dire,” according to the report. Amnesty International said in December that Greece was unable to provide “even the most basic requirements of safety and shelter” to asylum seekers and migrants. Under European Union rules, asylum seekers generally must stay in the country in which they first entered Europe, and can be sent back there if they try to go elsewhere, but Greece is an exception: when the European Court of Human Rights found in 2011 that Greece lacked an effective asylum determination system, many members of the union stopped returning asylum seekers there. Italy has not suspended transfers to Greece, but the Italian government claims that it assesses return cases individually. The Human Rights Watch report questioned that claim, saying that stowaways on ferries rarely get a review. Mr. Hein of the Italian Refugee Council said that some migrants who hope to reach Northern Europe and are caught entering Italy prefer to be sent back to Greece for another try, rather than apply for asylum in Italy, where they would then have to stay. Human Rights Watch issued mid-January a report on children being sent back by Italy to Greece. What are the legal issues involved? Have asylum seekers the right to pick their own destination? What is the Relationship between ECtHR and the ECJ? Have children rights that differ from adults’?

Enforcement of International Law This seminar will focus on the enforcement of public international law. The first part of the course will cover the sources of states’ obligations to obey international law and different theories as to why states do – and sometimes do not – obey international law in practice. The second part will address the most common enforcement mechanisms available under international law, including countermeasures, collective action, and dispute settlement bodies. The third part of the course will focus on case studies of current enforcement problems in areas such as the use of force, human rights, and the environment.

Teaching Aims:

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At the end of the course, students have 1. Deepened their understanding of the concept and scope of International Law Enforcement; 2. Become familiarised with the major scholarly developments in the field of International Law Enforcement; At the end of the course, students can 3. Identify and apply general principles of international law relating to International Law Enforcement; 4. Identify and apply possible means of International Law Enforcement; 5. Deepened their understanding of the factors surrounding International Law Compliance

Example of Assignment: You have received the following memorandum from the ICC Office of the Prosecutor (OTP). In the form of a memorandum respond to the questions posed by the OTP Question by the ICC Office of the Prosecutor Since its establishment in 2002, the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) has publicly obtained arrest warrants or summonses to appear for thirty-two persons allegedly involved in the commission of international crimes and an offence against the administration of justice, in situations under investigation. Of the thirty-two, about two-thirds were arrest warrants. Under Article 58 of the Rome Statute, an arrest warrant may be issued publicly or it may be issued under seal, when the arrest of the person appears necessary to ensure the person’s appearance at trial, to ensure that the person does not obstruct the investigation or the court proceedings, or to prevent the person from continuing with the commission of crimes. Under Article 89, the Court may request cooperation in the arrest and surrender from any State on the territory of which the person may be found. The issue of arrest is one of the most pressing challenges facing the Court and lies at the heart of the legitimacy and credibility of the institution. Only six of the persons with respect to whom arrest warrants are public have been arrested and transferred to the custody of the ICC; one person voluntarily surrendered. The majority remain at large; three have been arrested within the relevant state but not transferred to the custody of the ICC; and three people have died before being arrested. The ICC faces many challenges with regard to the execution of its arrest warrants. First, the Rome Statute was crafted to limit infringements of state sovereignty by the Court and expressly limits the power of the Court to take enforcement action independently without the cooperation of the relevant state. Accordingly, the Rome Statute places the obligation of the execution of arrest warrants solely on the States Parties. The Court has no internal enforcement mechanism which would enable it to arrest persons subject to arrest warrants itself. Second, in the absence of an ad hoc arrangement, agreement, or other basis (such as a Security Council resolution adopted under Chapter VII), non-States Parties and international institutions have no obligation to cooperate with the Court on its requests for arrest and surrender. Third, the reality is that many states are reluctant to cooperate with the Court’s requests for arrest and surrender, particularly when the person concerned is a sitting head of state or senior state official, even where such states are under a legal obligation to do so. Fourth, neither the Court nor the Rome Statute system has an effective mechanism to enforce the cooperation of states or to deal with non-compliance. The only remedy envisaged in the Statute is Article 87, which provides for the ICC Judges to make a finding of non-cooperation and refer the matter to the Assembly of States Parties and/ or the Security Council, as appropriate. This power has been exercised in the past; however, to date it has triggered only limited action by the Assembly of States Parties (“ASP”) or the Security Council, and it has failed to compel cooperation from relevant states. The challenges that the Court faces give rise to numerous questions about what steps the Court, the ASP, and the international community as a whole can take to ensure execution of arrest warrants issued by the ICC: 1. What steps could the Court as a whole take to galvanize arrest efforts? 2. What further steps could the Assembly of State Parties and/or the Security Council take to improve the cooperation of states, including third States, particularly in response to the Court’s finding of non-cooperation? 3. Could States use other incentives/rewards to encourage the arrest and surrender by other States? 4. Is there room for economic or other pressure to be applied by States and international or regional organizations? 5. How can diplomacy be used effectively and creatively to influence the political will of states and make the environment more conducive to cooperation with the Court, especially concerning the execution of arrest warrants?

Family Law 2 (EU) This course builds upon the knowledge and skills gained in the Family Law course in the second year, as well as the private international law course. Using the concepts of parental responsibility, parentage, formal and informal relationships, a number of current topics will be discussed on how these affect the current global familial society. Basic issues of EU family law will be discussed, such as jurisdiction in divorce cases, applicable law in custody cases. Furthermore, two major topics will be discussed, namely child abduction and international surrogacy. Both areas bring together all major aspects of family law, both within a national and international context.

Teaching Aims: Understanding the fundamentals of international and EU family law with respect to a number of specific areas of law.

Example of Assignment: Section 1 With reference to the Guide to Good Practice on The Hague Abduction Convention 1980, provide explanation of how the following situations should be dealt with under The Hague Abduction Convention 1980: (a) a mother who abducts her child because she is being abused; (b) a father who abducts his child because the child is being abused; (c) a mother who abducts her child because civil war has broken out; (d) a mother who abducts her child because he is homosexual and there is a severe risk that the authorities will hurt him; (e) the father has not shown any interest in the child and only files a claim for the return of the child after the mother has taken the child out of the country without her permission; and (f) A mother who abducts two children (aged 14 and 13), one of whom wishes to return to the country of origin and the other does not. Section 2 Anna has lived together with her partner Bernard for more than 5 years. They have recently just had a child together in the Netherlands. Although Bernard has recognized the child in accordance with Dutch law, he has not registered his parental authority

14-9-16 Page 37 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.1 AL Subject: Exchange - Courses Status: For print with the district court. Therefore, according to Dutch law he does not have any rights with regard to the determination of the main place of residence of their child. Anna decides that their relationship is no longer working and wishes to move back to her home country of Spain. Bernard hears of Anna’s intentions and files a claim before the Dutch courts to be vested with parental authority. One day after he files, Anna leaves for Spain. Three days after her has arrived in Spain, the Dutch judge awards Bernard parental authority. Answers the following questions: (a) Has Anna committed child abduction? (b) Would your answer be different if the Dutch judge had awarded Bernard parental authority before Anna emigrated to Spain? Assuming that Anna has indeed committed child abduction in accordance with The Hague Abduction Convention 1980, what would Bernard need to do and where?

Core Crimes (Aggression & War Crimes) Aggression and war crimes are crimes that are by their nature associated with armed conflict. Aggression (jus ad bellum) describes the situation when a state unlawfully attacks another state. Aggression is often regarded as a trigger crime, since this so-called ‘crime against peace’ starts the armed conflict, which provides the de facto lawless environment in which international criminality flourishes. Once armed conflict begins, international humanitarian law (jus in bello) comes into play, and it regulates the conduct of the hostilities and the protection of persons not participating. But despite comprehensive legal regulation of warfare, war crimes are a recurring feature. The course will provide students with a comprehensive overview of the most important international crimes related to armed conflict: aggression and war crimes. After a brief introduction to the concepts of jus ad bellum and jus in bello, the course will tackle the development of the doctrinal and judicial debate on the crime of aggression, up to the most recent pronouncements of domestic and international courts and tribunals and the attempts to define ‘aggression’ as a crime within the ICC jurisdiction and the evolutions of the ICC Review Conference. Students will then be exposed to the contemporary law of war crimes, from its evolution from a set of vague rules binding (some) states to its application by domestic and international tribunals in contexts as diverse as World War II, the former Yugoslavia, and the most recent International Armed Conflicts. The most important categories of war crimes (attack against civilians, torture, infringement of basic rights etc.) will be considered through case studies. Discussion of some of the hotly debated topics of the contemporary law of armed conflict – including targeted killings and the question of unlawful combatants – will be encouraged.

Teaching Aims: At the end of the course, students have 1. Deepened their understanding of the treaty and customary rules concerning Aggression and War Crimes; 2. Become familiarised with the major scholarly developments in the field of Aggression and War Crimes; At the end of the course, students can 3. Identify and apply general principles of international law relating to Aggression and War Crimes; 4. Critically analyze relevant case law; 5. Deepen their Knowledge of current developments in this area

Example of Assignment: Please write a short memorandum detailing the position of the Vice-President of the Republic of Itania, accused of crimes against peace before an ad hoc Tribunal convened by the UN Security Council. The memorandum should deal only with substantial grounds related to acts of aggression and crimes against peace (not with procedural and/or jurisdictional matters). The applicable law is the law applicable today, or any other relevant date (see below). You are encouraged to use the IRAC method to accomplish your task.) You may use all of the material provided for this course. You are not required to look for additional material, but you may do so Facts The Vice-President of Itania is a prominent political position. While the vice-president does not sit on the war cabinet, he is generally in charge of economic matters, including liaising with the most important domestic financial institutions and the relevant industrial enterprises at home and abroad. Mussoloni was elected Vice-president of Itania on the same ticket as President Rossi. The two were among the founding members of the Party, a political faction that has ruled Itania for the past ten years, all but becoming a state institution itself. They sit on the Main Board of the Party together, where all decisions related to the Party and its action are made. In fact, some even say that final Party decisions are only made with their consent. Five years ago, Itania has threatened neighbouring Twitzerland, where a sizable Itanian minority has been living for centuries, to hold a referendum and allow self-determination for the Itanian-inhabited region of Tikina. A treaty of friendship and non- aggression binds both Itania and Twitzerland. Through threats and money, the Itanians of Tikina have voted to join Itania. The day of the elections, groups of uniformed men with distinct Itanian accent even appeared on the streets of many cities important for the referendum and ‘advised’ voters to make the ‘right choice’. Money for this operation was provided by the Party. Three years ago, Itania made another move. Having received intelligence that another Great Power in the region, the United Realm, intended to send its troops into Albaria, a small country bordering Itania, to help Albaria defending itself against a possible Itanian aggression, Itania acted first and occupied its most important political, military, and economical centres. Despite a note from the Vice-President explaining that it would be more efficient to allow Albaria to govern its economy on its own without outside intervention, Itania then slowly proceeded to annex Albaria. Production quotas were imposed by Itania with the aim of strengthening the Itanian Navy and Army. The chemical industry of Albaria, famous all over the world, was put at the service of the Itanian military. One year ago, thanks to Albarian expertise, Itania acquired a biological agent capable of being used as a weapon of mass destruction against another neighbour, Grance, causing tens of thousands of casualties. This added to Itanian aggressive capabilities. No non-aggression treaty existed between Grance and Itania. The day before the attack, Mussoloni stepped down from the Vice-Presidency, though he retained his role in the Party. Itania attacked Grance by land, air, and sea on 23 November 2010 - without however using its biological weapons. After a brief war, most of Grance’s territory had been occupied by Itania. The UN Security Council intervened and defeated the Itanian expeditionary force in Grance by December 2011. Rossi was killed during the siege of the Presidential Palace, but Mussoloni was captured and brought to trial on one count: planning, preparing, initiating, and waging wars of aggression against Twitzerland, Albaria, and Grance.

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ICL Procedures This course aims at providing students with and understanding International Criminal Proceedings from a pragmatic and jurisprudential perspective. Students will be provided the basic theoretical framework to understand the law and jurisprudence of the Ad-Hoc tribunals and the ICC on those procedural issues which are of utmost practical importance. Throughout the course, students will and opportunity to develop and exercise the ability to analyze and criticize the relevant case law with a view to obtaining the necessary skills to work effectively International Courts as staff members or interns. The course is part of the Bachelor of Law Programme in International and European Law at The Hague University. The main goal of the Programme, which has a strong focus on legal training in an international environment, is to prepare you for a wide variety of international careers in international, multinational or governmental organizations, firms or NGOs. International Criminal Proceedings is part of the Advanced Courses – “Minor/Elective Courses”, to be taken during the third year of your Bachelor studies. During the third year you can take other courses as well, which cover specific issues of International Criminal Proceedings; such as: Rights of the accused and Evidence. The course on “International Criminal Procedure” will deliberately not address these issues but it will provide the theoretical and practical framework within which the tools gained in these courses become operative.

Teaching Aims: Understanding International Criminal Proceedings from a pragmatic and jurisprudential perspective. Providing the basic theoretical framework to understand the law and jurisprudence of the Ad Hoc tribunals and the ICC on those procedural issues which are of utmost practical importance. Developing and exercising the ability to analyze and criticize the relevant case law. Obtaining the necessary skills to work effectively International Courts as staff members or interns.

Example of Assignment: Write a short essay on the value of victims’ participation in the proceedings before the ICC.

EU Foreign Relations This course aims at deepening further the understanding of the external interaction of the EU with third states and International Organizations as well as more generally the role of the EU in the world. Since the Maastricht Treaty entered into force in 1993, the EU’s foreign relations have been expanding beyond the classic realm of trade, development and environment, into foreign, security and defense policy under the remaining 2nd pillar, as well as into police and judicial cooperation now incorporated also into the 1st pillar. The abolishment of the third pillar, or even the pillar structure itself by the Lisbon Treaty provides new opportunities, but also new challenges, and the filling of the new provisions with life, which will be examined closely, including the development of the External Action Service, and the consequential contrast between Member States´ and EU interests and actions. This course will provide a detailed overview of the constitutional and legal foundations of the EU foreign relations. The first part of the course is devoted to the fundamental principles and elements as codified by the Treaties and case-law, e.g. legal personality of the Union, the main actors in EU foreign relations, the division of competences, the instruments of EU external action and their effects. The second part of the course will explore some of the EU external policies, such as the Common Commercial Policy (CCP), the Common Foreign and Security Policy (CFSP), the Common Security and Defence Policy (CSDP), and the European Neighborhood Policy (ENP).

Teaching Aims: At the end of the course, students will be able to understand and discuss the concepts of EU Foreign Relations Law.

Example of Assignment: You have just started your new job as an assistant to an MEP who is also a member of the TRAN (Transport and Tourism) Committee. The MEP is a busy man. Besides the countless daily coffees and lunch meetings, he is also an able and influential politician who carries a lot of weight in the TRAN Committee. If TRAN goes one way or another, almost certainly so will the EP. He has just knocked on you door, visibly annoyed. It turns out that the Commission received a negotiating directive from the Council for an Open Skies Agreement with Canada and the Parliament was not informed. He also has doubts about whether the agreement might be compatible with EU law and one of the German MP’s informed him that Germany will also seek the negotiation of a separate Open Skies agreement with Canada. Furthermore, he is not sure whether the agreement will benefit private parties. Since he has never attended the EU Foreign Relations Law course at The Hague University, he has no formal legal training in external relations. He is seeking your advice and promises a bonus at the end of the month if you can answer his following questions: 1) Was the Parliament supposed to be informed about the new agreement? And if so, who should have done so? 2) Which legal basis will be used for the conclusion of the agreement? And will that have any consequences on the Parliament’s role in all of this. 3) What could the Parliament do if there is a possibility that the agreement might not be compatible with EU law? 4) Does Germany have the right to seek separate negotiations? If not, then who should conclude the agreement and would the national parliaments have a say in it? 5) Will private parties benefit from this agreement? Will they be able to invoke it before national courts or claim compensation? Note: Please refer to relevant Treaty articles and case-law. Be brief and concise! The MEP has a lot more lunch meetings to attend and does not have too much time to read a novel. Assessment considerations: - Clear understanding of the role of the Parliament during the conclusion of international agreements (IAs) - Clear understanding of how competences and legal basis might influence the conclusion of IAs - Clear understanding of the role of Member States - Clear understanding of the internal effects IAs might have - Solid structure of the document - Use of accurate terminology and logical argumentation

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EU Tax Systems Compared The key objective of this course is to understand the process of harmonization of direct taxation in the European Union and the influence of this process in the tax systems of EU countries. At European level, and unlike indirect taxes (value added tax), the Treaty of the Functioning of the European Union (“TFEU”) does not specifically call for direct taxes (income and corporate taxes) to be harmonized. However, Article 115 of the TFEU provides for approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the common market. At domestic level, the differences among income and corporate tax systems in the European Union have also an influence on the internal market and on the attempts of approximation of EU direct tax policies. Domestic tax rules must respect the fundamental freedoms and the principle of non-discrimination in the EU; therefore, the relevant cases on direct taxation of the European Court of Justice will be also object of study in this course. Furthermore, this course will address the EU work on direct taxation including the EU tax Directives, the ongoing discussion of the Common Consolidated Corporate Tax Base, the recent EU Commission proposal on Taxing the Financial Sector with a Financial Transaction Tax; and the Action Plan to tackle Tax Fraud and Tax Evasion. Finally, the process of harmonization of EU direct taxation will be studied focusing first on the EU instruments for direct taxation such as the Parent-Subsidiary Directive, Mergers Directive, the Interest and Royalties Directive. The Administrative Cooperation Directive and the Savings Directive.

Teaching Aims: Students should be able to achieve the following learning outcomes: 1. Understand the basic principles of harmonization of EU direct taxation. 2. Apply the EU freedoms and the principle of non-discrimination in direct taxation as developed by case law by the European Court of Justice. 3. Understand the influence of EU Policies in achieving tax harmonization, tackle tax fraud and tax evasion in the field of direct taxation. 4. Understand the problems in the implementation of the EU Directives in EU Member States.

Example of Assignment: You are working for the Advocate General at the European Court of Justice. The Advocate General asks you to provide a draft of the legal opinion to answer the following questions. Please take into account the format and content of the legal opinion of the Advocate General. In the underlying case, French national law imposes burden of taxation on a parent company in receipt of dividends which is not resident in France, while relieving parent companies which are resident in France of a similar burden. Please answer the following questions: 1. Explain whether such a provision in French national law is compatible with the principle of freedom of establishment? In your answer, please address the freedom of establishment, the justifications by the Member States and the application of the rule of reason. By virtue of the Double Tax Convention between France and the Netherlands, a parent company which is resident in the Netherlands, may, in principle, offset tax paid in France against its liability to tax in the Netherlands and, accordingly, the withholding tax is merely a means of apportioning the taxable item between the Member States concerned. 2.Explain whether the convention between France and the Netherlands authorizing the withholding tax and providing that the tax payable in that other Member State to be set off against the tax charged must be assessed in its compatibility with the principle of freedom of establishment? In your answer, please address the (possible) justifications by the Member States and the application of the rule of reason.

EU Energy Law This course explores the concepts of Energy law and the complex system of obligations of the States, energy regulators, companies in the European Union, respecting not only the EU regulations and packages but also the International Conventions applying to the European actors. Should oil, gas, nuclear energy, renewable energies have different system of regulation? How is it possible the European Competition rules applicable on markets generating more profits than any other market since the end of the 19th century? What is the link between Energy law and Environmental law? Considering that European Energy Companies operate outside of Europe for the exploitation of resources, how the liability is triggered on the territory of the European Union in the case of an accident happening outside of Europe? EU Energy law has two main features: the role of the Public Authorities regulating, maintaining the competition between the actors and the role of the large energy companies supplying the whole economy with resources which are indispensable for all the sectors. Lex mercatoria, administrative law and environmental affairs show that Energy Law is one of the few areas where law, politics, economy and more and more environmental affairs are reforming the system in order to find a solution to the end of oil as main source of energy for the world that we know for almost two centuries. Various international treaties, EU regulations and policies will be discussed and analysed, starting with the European Coal and Steel Community agreement to the European Energy Policy triggering the next and future regulations currently in discussion.

Teaching Aims: Upon completion of this course, a student should be able to: 1. Understand the context of the scarcity of old sources or energy and apparition of clean energy, the rights and obligations of actors and develop the ability to draft relevant legal instruments 2. Understand and apply the fundamental principles and rules of Energy Law on the territory and on economic interests of the European actors of the energy sector in the EU and outside. 3. Develop the ability to advise on the legal issues related to Energy Law and represent weighing up the relevant interests in a complex structured case, with interim supervision and instruction and some urgency

Example of Assignment: Mr. Roberto Naranjas is an engineer, who has founded a major company in Spain in the 1960s. He is now only member of the board of direction of the EnergiaMax, that company, which has the headquarter in Madrid, and who is operating in Spain and in South America. This company is exploiting mainly non-renewable energy (oil and gas) and in starting to look for opportunities to

14-9-16 Page 40 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.1 AL Subject: Exchange - Courses Status: For print change the location of resources and also the infrastructures owned by the company for the exploitation and the transport of energy to the clients. EnergiaMax has become one of the most dominant companies in the energy sector during the last thirty years. Almost all the Spanish families have a contract with EnergiaMax on gas. The company being owner of the pipelines, industry for receiving the liquefied gas coming from South America, and also the installation in the Spanish cities to provide especially “natural” gas, the company has established a very stable clientele, both in families and small industries. Some accidents in the energy sector in Japan with Tepco, in Gulf of Mexico with British Petroleum starts to worry a lot Mr. Naranjas because EnergiaMax has many assets outside of Spain and some lawyers defending the interests of EnergiaMax has several times warned the board of directors that the European Commission may list EnergiaMax among the companies which are not environmentally responsible and not either complying with the European Competition law in the Energy sector. Roberto Naranjas would like discretely a legal advice outside of the legal department of the company in order to have a clear overview on the legal obligations which will arise on EnergiaMax and the possible legal consequences of continuing the activities as it is. Please advise Mr. Naranjas, in answering the following questions in a memorandum: 1) Concerning the rights and obligations of the energy companies under the Third Energy Package, do EnergiaMax will have to unbundle the activities and under which conditions? 2) How EnergiaMax will have to transform the activities in terms of obligations for complying with the low-carbon economy set by the European Union from 2006? 3) Do EnergiaMax can be sued in front of a national court for its activities outside of the territory of the European Union? 4) Can EnergiaMax be helped by the Spanish National Regulator against the enforcement of the European low-carbon legislation? In your answer refer to relevant case law and/or legislation where possible, as well as the relevant International Conventions.

International Investment Dispute Settlement Rules of Investment Law towards a deepen knowledge on investment disputes. The distinct field of international investment dispute settlement has arisen due to the increase in investment treaties that not only provide substantive investment protections, but also dispute resolution mechanisms. Arbitrations between investors and states regarding the protections afforded in these treaties interpret relevant treaty provisions, and these arbitrations create opportunities for attorneys and scholars to practice in the field and assist in its evolution, while also contributing more broadly to international law. This course examines the foundations of international investment dispute settlement and the jurisdictional prerequisites for establishing international investment treaty claims. Then the substantive obligations of these international agreements, and the circumstances under which tribunals have found those obligations to have been breached, will be reviewed. Moreover, students learn about the states’ sovereignty concerns that have arisen in the context of the investment arbitration system. Last discussion will be devoted to the enforcement mechanisms. The course will be taught using seminars, discussion of case studies, and assignments. Students are expected to play an active participatory role in this seminar.

Teaching Aims: Learning goals of the course are: legal analysis of investment treaties in disputes; legal analysis of arbitral tribunals’ differing approaches to the substantive provisions of investment treaties; and making decisions with regard to the disputes on investment treaty terms and protections. The course is intended to develop competency in legal analysis by comparing arbitral tribunals’ differing approaches to similar issues, regulation by discussing states’ choices in attracting investment while preserving sovereignty, and decision-making by requesting that students consider how they would define investment treaty terms. It allows students to deepen their knowledge and understanding of international investment law and international arbitration.

Example of Assignment: Draft an overview of the investment climate of your State of choice. Possible points to address include: - Capital-importing or capital-exporting? - Notable sectors? Energy? Oil and gas? Mining? - Contracting State to the ICSID Convention? When signed? Ratified? - Contracting State to the New York Convention? When signed? Ratified? - Contracting State to the ECT? When signed? Ratified? - BITs? With whom? Oldest? Most recent? Any change in BIT practice? - Model BIT? - Does the definition of “investment” in any model or existing BIT reflect the country’s notable sectors or industries? - Is there anything noteworthy about the substantive protections provided in this country’s BITs? - FTAs? With whom? Oldest? Most recent? - FTAs containing investment chapters? With whom? - National investment legislation? - ICSID disputes? Pending? Concluded? - ECT disputes? Pending? Concluded? - Non-ICSID investment treaty disputes? Pending? Concluded? - Notable awards? - If this country has been the respondent in any notable awards (or in a notable number of awards), has that country changed its BIT practice since those awards were issued? - Other?

Insurance Law This course is designed to give students insight into the law of insurance in its different aspects. The course will focus primarily on common elements of insurance law across multiple jurisdictions. Insurance, and the intrinsic concept of spreading the risk, is essential to any commercial, financial or personal endeavor. Insurance protects business and individuals from unpredictable events. Insurance preserves capital, both human and financial, and, thusly, promotes the risk taking necessary for the prosperity of capital based economies. While insurance regulation, and the

14-9-16 Page 41 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.1 AL Subject: Exchange - Courses Status: For print concomitant business of insurance, is highly decentralized around the world, certain legal principles hold true across legal jurisdictions. This course will focus on those common concepts. Insurance Law will be introduced from a historical context and a comparison will be made between the European attempt at a single market and the American experience of 50 separate markets with a focus on the importance of insurance in international commerce. A full lecture will be devoted to the concept of insurable interest with regard to who and what can be insured, and whom can benefit from such insurance. The concept of the insurance contract, formation requirements and questions of misrepresentation and disclosure as well as warranties and conditions will be considered. Questions of insurance policy construction will be examined, including coverage triggers and exclusions. The course will also look at the claims process, including questions of notice, causation and, ultimately benefits, or indemnity. Also examined are the concepts of subrogation and contribution and why they are critical in spreading the risk of loss. The course concludes its examination of insurance law through an examination of some specific types of insurance coverage often found in international commerce.

Teaching Aims: At the end of this course, a student should be able to: 1. Identify and outline the basic elements of insurance law. 2. Analyze and evaluate the concepts in light of changing factual patterns by studying and analyzing case law. 3. Undertake an advanced level of contract interpretation through examination of policy terms and by applying policy language to a variety of factual scenarios. 4. Exercise an advanced level of legal reasoning through the analysis of facts, policy language and applicable case law.

Example of Assignment: The European Commission is continuing its work to harmonize the insurance laws of the member states of the European Union. You are assigned to assist the Commission in this work. You have been asked to research the law of each member state on insurable interest with regard to property insurance (not life insurance) and determine the extent to which this narrow aspect of law varies across the community. In order to complete this assignment, you must: 1. Research each member state’s rule on insurable interest in property insurance. If no express rule is provided, is there a general principle of law that is used instead? If you find one or two sources that provide this information in aggregate form, you may use them as long as you sample the reliability of the material (sampling is done by taking several examples and verifying that the aggregating source has correctly stated the law). 2. Summarize your findings. Which member states share the same rule? Which have substantially similar rules? Which are different? And, finally, which have no rule on this issue? You need not repeat the rule from each country where you have determined the rules to be identical or substantially similar.

Maritime & Transport Law Four-fifths of the world merchandise trade (9.84 billion tons of cargo) is transported by sea. This course will introduce maritime law and examine core concepts of maritime law in the context of transportation of cargo and passengers and how some of those concepts provide the groundwork for other areas of transportation law. Unfortunately, the breadth of maritime law cannot be covered in one quarter. As for the even larger topic of transportation law (which includes all modes of transportation including pipelines, data transfer and space travel), we can only crack open the hatch and peek inside. To avoid putting ourselves on beams end, we will begin by examining the broad nature of transportation in general, but quickly narrow our inquiry to an examination of the unique aspects of maritime law. Having learned the ropes, we will get underway and examine the specific aspects of maritime law related to the transportation of cargo including the unique aspect of inter or multimodal cargo, where a container arrives at its destination by means of 2 or more modes of transportation. Finally, we will look at the contract for carriage with regard to the transport of people.

Teaching Aims: Upon completion of this course, a student will be able to: 1. Explain the origins, sources and jurisdiction of maritime law. 2. Classify different modes of transportation. 3. Apply international maritime law (treaty law), general principles of maritime law and case law from specific jurisdictions to resolve disputes regarding contracts for carriage of cargo and passengers. 4. Explain the historical and substantive connection of maritime law to other areas of transportation law

Example of Assignment: Objective: demonstrate a clear understanding of an international shipping contract. You are the new intern at a very busy freight forwarding office. Your boss has been invited to speak at a local chamber of commerce meeting, along with several other speakers, on the topic of international shipping. His particular task is to explain the international shipping contract and he has been asked to be clear, simple and concise. Your boss learned, after overhearing a conversation between you and another intern, that you just finished studying this very topic in your Maritime and Transport Law course. Unfortunately, he missed the part of the conversation where you said that it was all very confusing and that you did not really understand the details. He has now asked you to prepare his talk. Now it is your job is to explain the international shipping contract in a clear, simple and concise manner. You need to choose the content and delivery method. You can write a memo or a speech. Whatever format you choose, it should be completely self- contained and self-explanatory. You can (and should) use diagrams and charts. You can use Visio or similar. You could also voice over presentation software like Power Point or Prezi. You could even make a short video (I recommend against stop-motion Lego or similar because of the time investment). The word cap is 1,500 (not including footnotes and diagrams). If you use presentation software or a video, it needs to be under 10 minutes. Please do not address electronic forms of documents at this time. The governing law is The Hague -Visby Rules.

The grading criteria is as follows: 1. Content (6 points maximum) a. Identification and description of critical documents and forms b. Description of the critical transactions covered by the contract c. Identify and describe variations in the contract d. Point out the different ways the contract covers the assorted risks of

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Corporate Liability Teaching Aims: To be taught for the first time in April 2017

Minors on Compliance (course taught with students from outside the LAW Programme)

Anti-Money Laundering Compliance Teaching Aims: To be taught for the first time in February 2017

Anti-Corruption Compliance Teaching Aims: To be taught for the first time in February 2017

Data Protection & Privacy Compliance Teaching Aims: To be taught for the first time in February 2017 Tax Compliance Teaching Aims: To be taught for the first time in April 2017

- Moot Courts & Model United Nations (information to be asked each Year to the Exchange Coordinator about availability and criteria):

EU Law Moot Court; New York MUN; Telders International Law Moot Court Competition; ICC Moot Court.

- Year 4 courses on offer

Law & Economics This course will deepen students’ understanding of the economic analysis of law. After a brief overview of pertinent economic principles, we will apply these principles to regulations and their effects on the interest of the parties. Legal issues and rules will be analyzed in light of concepts including allocative efficiency, Pareto efficiency, Kaldor-Hicks efficiency, and rational choice theory. We will conduct economic analyses of areas of law, including tort litigation, criminal law, and internal market law. The course will also consider criticisms of the law and economics movement; such as claims that it makes over-simplistic assumptions about human nature.

Teaching Aims: Upon completion of this course, a student should be able to: - Draft, amend, apply existing or potential regulations using the fundamental principles of law and economics. - Explain the practical the economic and legal implications of regulations using a legal reasoning, oral argumentation with little instruction and some urgency.

Example of Assignment: Each student will give 5 presentations on assigned topics. Each article based on the readings and their research (2 A4 pages maximum, TNR12 or Arial 10, single-lined) will have to be uploaded in advance on BlackBoard no later than the Monday before the Seminar at 10am. The articles need to be uploaded under their dedicated tabs (Assignment 1 | Article 1; Assignment 1 | Article 2 etc.) available on BlackBoard. The presentations will be graded on the following Seminars: Seminar 2: Contract and Economic models Seminar 3: Economic analysis of commercial law, the economic meaning of EU legal products – Competition Law & Economics Seminar 5: Environmental Law & Economics Part 2 Seminar 6: Crime: Death Penalty Seminar 7: Aviation Emissions Trading System (ETS)

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Law & Practice Professionalism involves a willingness to help others, dedication to the pursuit of justice and a commitment to quality. It is also comprised of the strict adherence to a set of values derived from statutory professional obligations, formally agreed codes of conduct and the expectations of clients, employers, the judiciary and colleagues. The relationship between lawyer and client is a fiduciary relationship, requiring the lawyer to act in the best interest of the client, maintaining confidentiality at all times. Law and Practice is a unique course that offers students the opportunity to familiarize themselves with the expectations and challenges of work in the field of law. The course combines knowledge and skills with practical advice. Moving from the study of law to a career in law demands a clear understanding of the challenges that lie ahead and familiarity with the expectations placed on lawyers. Through class presentations, exercises and discussions, students will develop an appreciation of the significance of the role of a lawyer in society and the importance of the adherence to and promotion of the rule of law. Insight will be provided into the ethical and professional responsibilities of a lawyer, including the dictates of governing bodies and practical matters such as trust accounting and proper billing practices. Students will also be exposed to the fundamental demands upon a professional and the essential attributes of a lawyer, including honesty and integrity and the desire to commit oneself to a helping profession. Specific ethical and practical issues likely to be encountered in most legal careers will be considered; such as “solicitor – client” privilege, confidentiality, conflict of interest, misconduct, as well as practice management issues, such as effective work habits, client contact, interview techniques, workload, time and file management. Self - governance, regulatory schemes and professional conduct regimes in various jurisdictions will be discussed. Students will also be provided with critically important practice tips and an overview on how to establish effective client relations, accounting/filing systems, stress management techniques and how to foster positive relationships with clients and colleagues. This course enables students to develop a practical framework for the use of the knowledge and skills acquired over the course of the law program through initiation to the aspects of professionalism necessary in future careers.

Teaching Aims: 1. Preparation of students to enter the legal profession by providing an overview of the ethical duties and professionalism essential for any legal career. 2. Introduction to fundamental practice management issues, which may confront students in their future employment and are essential for successful integration into a law firm or legal environment. 3. Augmentation of the knowledge and skills acquired over the last three years of study, with a practical presentation and discussion of professional responsibilities. 4. At the completion of the course, the student should be able to independently represent a client on the basis of simple and structured instruction and utilize appropriate formal requirements in the process. 5. At the completion of the course, the student will be able to, under interim supervision, write a structured text on the basis of complex instruction tailored to a target group using legal terms and using correct spelling and grammar. The student will also be able to use specific conversational techniques in a complex situation and provide and receive feedback as well as reflect on the student’s conduct.

Example of Assignment: You are sitting as a single member of a disciplinary board and must write a disciplinary decision determining whether lawyer “L”, in the fact pattern to be provided, is guilty of professional misconduct or conduct unbecoming a lawyer, or both. Please identify as many of the ethical violations committed by L. as you can recognize. Provide approximately 3-4 pages outlining your findings in a well- reasoned decision. You must explain and expand on the following concepts in the course of your decision. Introduction: - the important aspects of a lawyer’s role in society, - critical aspects of the profession, such as an independent bar, the need for lawyers to be self-regulating and the role of Bars or Law Societies in protecting the public, Body: - what constitutes conduct unbecoming and/or professional misconduct and discuss any difference between the two, - identify as many of the ethical violations committed by L as you recognize, - cite two relevant statutory provisions or rules of conduct, and - cite two cases, that address the role and professional obligations of lawyers, (from any jurisdiction). Conclusion: - your decision given all the circumstances of this matter, - the appropriate penalty in the circumstances and reasons for such penalty, and - at least two paragraphs analyzing whether the rules involved in governing conduct intrude excessively into the lives and behavior of lawyers or not. Format Requirements: - No Cover Page - No less than 1,000 of your own words, excluding quotations from the fact pattern and no more than 2,000 words - Indicate Header with student name, number, course code and assignment number - Font: 12 Times New Roman or 10 Arial (9 for the footnotes) - Line Spacing: 1.5 - Indicate page numbers on each page - Indicate Header with student name, number, course code and assignment number - Please resort to the OSCOLA GUIDE for all of your citations - NOTE: Word Count does not include footnotes

Law & Ethics This course will study the place of ethics in society at both philosophical and practical levels. Areas of analysis will include the relationship between ethics and morality and an examination of the source of and rationale for ethical frameworks in society generally, turning to then to various specific ethical issues and dilemmas. We will begin by examining general ethical theories to address the rules and principles that determine right and wrong for a given situation. Students will make use of normative ethical theories to explain at what point can be said that a particular behavior is more than just different to what we would have done, but in some way actually wrong? By using the word normative, these theories propose to prescribe the morally correct way of acting. After discussing ethical theories, we will move on to consider the ethical responsibilities of certain decision-makers, including legal actors and other professionals. A review of codes of conduct, various ethical guidelines and practices will assist in the

14-9-16 Page 44 International Bachelor of Law Programme Authors: Calis, Park, Den Dunnen, Lorange Code: ---- Date: September 14, 2016 Version: 1.1 AL Subject: Exchange - Courses Status: For print comprehension and analysis of a variety of ethical approaches and their intrinsic value. Students will build on their previous knowledge of approaches to questions of ethics in the practical legal realm and will have the opportunity to apply their understanding to a different range of ethical problems over the course of the quarter. Students will develop their ideas and augment their knowledge through class discussions and in-class debates.

Teaching Aims: Students should be able to achieve the following learning outcomes: - To provide advice to the client based on the ethical theories discussed during the course. - To weight up the interest of the parties and to make a decision in a specific problem taking into account the ethical framework for decision making. - To make an oral presentation addressing the application of ethical theories to a specific problem that will be given by the lecturer. - To become familiar with the rules that apply with regard to the correct method of source citation and to make responsible use of (legal) sources.

Example of Assignment: Provide an analysis of an ethical issue of interest to you. See for inspiration applications Part V Book A Companion to Ethics (eg. Abortion, Terrorism, Torture, Animal Rights, Environmental Ethics). Explain at least two of the ethical positions that exist on the issue and whether there is a different moral approach to the issue. You must express and explain at least two opinions regarding the issue(s), their merits and negative aspects. You need not reveal your personal views as long as you provide the pros and cons of the ethical approaches you are analyzing. In addition, you may use the questions of the Oxford Human Rights Hub Seminar Series. Further explanation on the use of this website for the assignment and for the in class- discussions will be provided during the lectures. See: http://www.law.ox.ac.uk/themes/humanrightshub/events.php?prev=old

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