The aim of the course is to keep the students up to date as concerns recent debate and developments in international law. The course through several examples of current international events will focus on treaty law, including the general rule of interpretation of treaties, the formation of rules in international law as well as their enforcement. More specifically the following fields will be dealt with: subjects of international law, UN and international courts, jurisdiction, including territorial waters and State immunity, State responsibility, including countermeasures. The students will have to form a better idea on the nature of international law as a coherent legal system. For this reason, the criticism addressed towards international law will be part of the discussion of the selected topics. This criticism will be addressed through an in-depth and up to date understanding of sources of international law, their legitimacy and normativity. It will also be tackled through a more in-depth learning of how States interact in bilateral and multilateral fora. This discussion will be placed in a broader reflection with regards to the idea of the emerging global law and the mistake of distinctions between national and international as well as publicē and private. During the course particular attention will be paid to the following recent events: seizure of the British tanker in Strait of Hormuz, Iran Nuclear Deal, Paris Climate Agreement and the challenges facing the International Criminal Court. The students are required to have a good grasp of main events in the world history. It is in this context that students will be encouraged to form a view why do they think that international law is law and that there are consequences when international law is breached.
The term regulation has gained
prominence in recent years in many different (academic) fields, including law,
economics and finance, political science and policy making, environmental
science, etc.. In this course we will look at the ways in which a wide
variations of so-called ‘regulation’ are used to steer, guide, limit or promote
specific behaviours by governments, institutions, businesses, sectors, and
individuals across digital environments. We will discuss the strategies of
regulation, the reasons why specific forms of regulation are chosen, the
specific societal, economic, environmental, legal, political or public policy
reasons, and what rationales underlie different forms of regulation and their
effectiveness. Students will come to understand different regulatory strategies
lawmakers and policymakers can choose from when tackling regulatory
challenges. Students should gain an
understanding of the pros and cons of different types of regulation, and will
learn to make an informed choice for, and to provide proper argumentative
underpinnings for, specific forms of regulation in specific cases.
After an introduction we will focus explicitly on regulation and digital technologies. After briefly discussing the ways in which, and the reasons why digital technologies are regulated, we will turn to the main topic of this course: the use of law and technology to steer, guide, and regulate individuals’ behaviour. This has come to be known as ‘techno-nudging’ or ‘techno-regulation’. Techno-nudging can take several forms, ranging from nudging and persuading users to follow a certain course of action. Hard-coding normative or legal codes into technologies to make certain behaviours impossible and stimulate others. The theory is that by hard-coding rules into digital technologies and networked environments, users will automatically comply rather than being asked to make a choice on whether to follow these rules. Since regulation by technology is cost-effective, fool proof, and an efficient way of ensuring regulatees’ compliance with rules or norms, it is not surprising that this approach has spread rapidly. For policy makers, regulators, and technology developers using nudging is considered a valuable solution in ensuring compliance with a wide variety of norms and rules. Sometimes it is used to enforce legal rules, but often times there is an economic or practical drive behind the choice for this form of regulation. The lecture then moves to specific techniques of regulation before moving towards two different case studies (platform regulation and fake news/disinformation) that puts the lessons of the first nine weeks to practical use.
Private International Law (PIL) primarily deals with the following three main issues:
(i) international jurisdiction, i.e. which court has jurisdiction over a cross-border dispute?
(ii) applicable law, i.e. which law applies in a cross-border dispute?
(iii) recognition and enforcement of foreign judgments, i.e. whether a foreign judgment can be recognized and enforced in another country?
The existence of private international law depends on two conditions – legal diversity and cross-border legal issues. Nowadays, there are more than 200 jurisdictions each applying its own substantive laws in solving legal disputes. If all countries in the world applied one unified and harmonized law in the same manner there would be no need for private international law. Similarly, if individuals and businesses limited their activities to only one state, issues of private international law would be less important.
The European Private International Law (EPIL) course will give an overview of different topics and typical practical issues in private international law – all geared towards solving legal problems in the real world of commercial cross border transactions within the European Union.
Microeconomics is the economics of individual agents: People (consumers), firms (producers) and individual goods and services, whereas macroeconomics deals with the whole economy – all consumers, all firms, all goods and services. Microeconomics introduces the concepts of demand, supply and equilibrium while macroeconomics adds fiscal and monetary policy as well as the labour market and international linkages. For both, the concept of equilibrium (and disequilibrium) is of importance as is the role of the government in interfering in/trying to adjust the economy.
- Teacher: Morten Hansen
Intellectual property and innovation go hand-in-hand; the more confidence inventors have in securing the benefits of their labour, the more they are willing to invest. This axiom is increasingly challenged by contemporary technological advances. The advent of digitalization and more complex programming tools are increasingly necessitating new approaches to intellectual property protection and enforcement. This course comparatively and critically examines intellectual property and its interoperability with technological advances from the perspectives of regulation, practice and academic scholarship.
The most immediate impact of the aforementioned challenges will be faced by innovators. A start-up business must ask and answer a plethora of questions concerning its new invention. Can the idea be protected? If it is a written program, different jurisdictions can have different answers to the question. How can a right-holder protect its intellectual property internationally and online? These are a few examples of concerns which may not have immediate answers and require a more detailed look.
This course covers the latest developments and the main challenges in the Area of Freedom, Security and Justice of the European Union (AFSJ). It discusses the origins of the AFSJ, reasons why and how AFSJ evolved and where it is heading. It addresses the main political cornerstones of AFSJ, constitutional foundations, and current challenges in ensuring mobility and security in the EU and cooperation in justice and home affairs. It will also give an insight in the AFSJ policy actors, such as the European Public Prosecutor’s Office, Eurojust, and other EU agencies. It covers the Justice and Home Affairs policy making and cooperation mechanism, such as the cooperation of judiciary, police, administrative cooperation. The course will focus on the main sectors in AFSJ, such as EU citizenship (EU Charter, free movement policy), asylum, immigration, internal security, EU criminal law, internal/external border checks and control, visa policy, European arrest warrant, fight against international organized crime. The course will also analyze relations between security and fundamental rights in AFSJ focusing on data protection and privacy. It will also cover the external dimension of AFSJ, and compliance procedure to ensure implementation of AFSJ legislation.
- Teacher: Inguss Kalniņš
This course primarily focuses on the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is looked at through its text, case law and jurisprudence, including an introduction into the available on-line legal databases relevant for the subject. In addition, the International Commercial Terms (Incoterms) is described in detail. Other relevant sources (e.g. the Convention on the Limitation Period in the International Sale of Goods, private international law sources) are looked briefly. The course also provides an introduction into the complex legal and contractual background of internationally trading in goods.
To describe and analyse the EU in the context of economic integration. The European project’s two main features in the context of economic integration are the Single Market (Internal Market) and the Single Currency (the Economic and Monetary Union/the Eurozone). These may be seen as facilitating the idea of “one” Europe: One market, one currency. The course aims at analysing the benefits and drawbacks of these ideas, not least in the context of imperfect integration. The main focus will be on the economics of the EU but the course will add a political dimension, too.
- Teacher: Morten Hansen
This course offers students a deeper understanding of the role and functioning of international courts and tribunals in the resolution of disputes between states. It will give them insight in the contribution of these institutions to the “progressive development of public international law”. Landmark rulings will be discussed of the Permanent Court of International Justice (PCIJ), the International Court of Justice (ICJ) and a number of important international arbitral tribunals. One very recent case will be given special attention and analyzed in detail. The course is, from beginning to end, interactive and classes require preparation. Students are expected to read and study the judgments and arbitral awards of the cases discussed in class and should, when called upon, be able to recite the facts of these cases in a clear and coherent fashion.
- Teacher: Tjaco Theo van den Hout