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| » Jaar 1 | |||||||
| Periode | Type | Code | Naam | Taal | ECTS | Uren | |
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| semester I | optional | RGMHA50906 | Multi-level Labour Law and CSR | Engels | 6 | 2 | |
| optional | RGMSR50806 | Organised and Financial Crime | Engels | 6 | 2 | ||
| optional | RGMIR50606 | Seminar International Environmental Law | Engels | 6 | 2 | ||
| semester I a | optional | RGMBE50906 | Anthropology of Law | Engels | 6 | 2 | |
| optional | RGMHA50806 | Company Law | Engels | 6 | 4 | ||
| optional | RGASR50106 | Comparative Criminal Law | Engels | 6 | 4 | ||
| optional | RGMPR50706 | Comparative Property Law | Engels | 6 | 4 | ||
| optional | RGMSR50406 | Criminal Procedure and Human Rights | Engels | 6 | 4 | ||
| optional | RGAAR50106 | Dutch Law in a comparative perspective | Engels | 6 | 4 | ||
| optional | RGAEO50106 | Economics of Regulation | Engels | 6 | 4 | ||
| optional | RGMEE51206 | Energy Law and Policy | Engels | 6 | 3 | ||
| optional | RGMEE50606 | European Internal Market Law | Engels | 6 | 4 | ||
| optional | RGBEE50010 | European Law | Engels | 10 | 6 | ||
| optional | RGMPR50406 | International Contracts Law | Engels | 6 | 4 | ||
| optional | RGMIR51106 | International Human Rights Law | Engels | 6 | 4 | ||
| optional | RGMIR50906 | International Institutional Law | Engels | 6 | 4 | ||
| optional | RGMCR50206 | Introduction to Criminology | Engels | 6 | |||
| optional | RGMEE51706 | Market Regulation | Engels | 6 | 4 | ||
| optional | RGMBE50106 | Policy science in digital society | Engels | 6 | 4 | ||
| optional | RGBPR50105 | Private Law 2 | Engels | 5 | 4 | ||
| optional | RGMRG50506 | Seminar European Private Law | Engels | 6 | 2 | ||
| optional | RGABE00206 | Social Security Law | Engels | 6 | 2 | ||
| optional | RGMBE50406 | Supervision & Enforcement | Engels | 6 | 4 | ||
| semester I b | optional | RGMRE50006 | Climate Law | Engels | 6 | 3 | |
| optional | RGMPR50106 | Comparative Private International Law | Engels | 6 | 4 | ||
| optional | RGMEE50306 | Competition Law | Engels | 6 | 4 | ||
| optional | RGMEE51006 | Constitutional Principles of EU Market | Engels | 6 | 4 | ||
| optional | RGPSR50110 | Criminal Law | Engels | 10 | 8 | ||
| optional | RGMSR50506 | Cybercrime and Cyber Security | Engels | 6 | 4 | ||
| optional | RGMEE51306 | Energy Market Law | Engels | 6 | 3 | ||
| optional | RGMPR50306 | Internat Commerc. Dispute Settlement Law | Engels | 6 | 4 | ||
| optional | RGMSR50706 | International Criminal Trib. and Courts | Engels | 6 | 4 | ||
| optional | RGMIR51306 | International Health Law | Engels | 6 | 4 | ||
| optional | RGBAR50005 | Introduction to Common Law | Engels | 5 | 2 | ||
| optional | RGMBE50206 | Modern Public Management | Engels | 6 | 3 | ||
| optional | RGAPW50105 | Politics and Government in the EU | Engels | 5 | 3 | ||
| optional | RGBIR50010 | Public International Law | Engels | 10 | 6 | ||
| optional | RGMBE50506 | Safety & Security in Digital Society | Engels | 6 | 4 | ||
| optional | RGMIR51806 | Settlement of International Disputes | Engels | 6 | 4 | ||
| optional | RGMIR51906 | UN Peacekeeping and Peace Enforcement | Engels | 6 | 4 | ||
| semester II | optional | RGMRG50406 | Seminar Byzantine Law | Engels | 6 | 2 | |
| optional | RGMST51206 | Seminar Constitutions Compared | Engels | 6 | 2 | ||
| semester II a | optional | RGMPR50806 | Comparative Tort Law | Engels | 6 | 4 | |
| optional | RGMBE50705 | Cyber Crime | Engels | 5 | 4 | ||
| optional | RGMEE51406 | EU Trade Law | Engels | 6 | 4 | ||
| optional | RGBBE50110 | Europeanisation of Public Law | Engels | 10 | 6 | ||
| optional | RGMBE50805 | Governance of Safety | Engels | 5 | 4 | ||
| optional | RGMHA50306 | International Corporate Insolvency Law | Engels | 6 | 3 | ||
| optional | RGMIR50306 | International Humanitarian Law | Engels | 6 | 2 | ||
| optional | RGPIR50210 | Intr. to International and European Law | Engels | 10 | 8 | ||
| optional | RGMBE50605 | Law Enforcement in Digital Society (verv | Engels | 5 | 4 | ||
| optional | RGPRG50105 | Legal History | Engels | 5 | 6 | ||
| optional | RGMBE01606 | Refugee and Asylum Law | Engels | 6 | 2 | ||
| optional | RGARG50405 | The Legal heritage of Europe | Engels | 6 | 2 | ||
| optional | RGBPW50105 | Theory of Internat. Relations | Engels | 5 | 2 | ||
| semester II b | optional | RGBPR50005 | Civil Procedural Law | Engels | 5 | 2 | |
| optional | RGMPR50906 | Cross-border Commercial Transactions | Engels | 6 | 4 | ||
| optional | RGBEO50010 | Economics of Int Trade & Int Finance | Engels | 10 | 4 | ||
| optional | RGMEE50706 | European Human Rights Law | Engels | 6 | 2 | ||
| optional | RGMEE51506 | European Judicial Protection | Engels | 6 | 2 | ||
| optional | RGMEE51606 | European Sustainability Law | Engels | 6 | 2 | ||
| optional | RGAAR50405 | German Law and Legal German | Engels | 5 | 2 | ||
| optional | RGMSR50606 | International Crimes | Engels | 6 | 4 | ||
| optional | RGMIR51406 | International Trade and Development Law | Engels | 6 | 4 | ||
| optional | RGBEO00405 | Introduction to Economics | Engels | 5 | 4 | ||
| optional | RGPRI50105 | Introduction to Technology Law | Engels | 5 | |||
| optional | RGMIR51506 | Investment and International Law | Engels | 6 | 2 | ||
| optional | RGPPR50105 | Private Law 1 | Engels | 5 | 4 | ||
| 1 | Anthropology of Law | RGMBE50906 | |||||||||||||||||||||||||||
| This course offers a first introduction to several key concepts and ideas of anthropology of law. Anthropology of law has much to contribute to the social scientific study of processes of creating and maintaining rules as well as the ways of dealing with conflicts. Empirical research both in small-scale and complex societies has produced a rich variety of data on socio-legal phenomena of order and conflict in different social and cultural contexts, of all times and places. These data allow for detailed comparative analysis of a variety of issues concerning law and social behaviour. In addition to the importance of anthropology of law for socio-legal theory, the insights and methods from anthropology of law have great practical relevance for understanding problems in socio-legal reality both in the so-called developing countries and in western society. Some of the subjects that will be dealt with in this course are legal culture, legal pluralism, and the interaction between state law and living law in contemporary society. Students are expected to study the required texts for each lecture in advance. The course will be concluded with an essay. | |||||||||||||||||||||||||||||
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| 2 | Civil Procedural Law | RGBPR50005 | |||||||||||||||||||||||||||
| Civil procedural law provides regulation for civil proceedings. In civil proceedings claims derived from substantive private law are verified, specified and strengthened by an enforcement title. A claimant, who pretends to have a right, is granted a right and title to prevent him from taking the law into his own hands. In addition there will be a contribution to the further development and the unity of substantive law. Civil procedural law is therefore crucial for forming an understanding and knowledge of substantive private law. Furthermore, the civil procedure has the function of dispute settlement. The judge will make a decision based on legal rules. Whether or not the dispute between the parties will be solved by this decision is not certain. For this, two other legal concepts are available: the judge can assist the parties involved to resolve the case by means of a settlement, and the judge can facilitate parties coming to a solution under the supervision of a third party (mediation). Because this is an international course, the focus is not on one national legal system, but on the Principles of Transnational Procedure, as drafted by the American Law Institute and UNIDROIT. These Principles are a form of 'soft law'. They claim to have universal significance in the sense that they mirror a model of an ideal civil procedural law system which bridge the national differences. Attention will be paid also to the influence of European instruments like the ECHR and those contained in European Union law. This module is taught through lectures. Before the start of the semester a list of study material will be provided in a reader. After the lectures the module will rounded off with, depending on the number of participants, a written or oral exam. | |||||||||||||||||||||||||||||
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| 3 | Climate Law | RGMRE50006 | |||||||||||||||||||||||||||
| This course aims at familiarizing students with the laws and regulations that intend to combat climate change, in particular those applying to the energy sector. The energy sector is a major emitter of greenhouse gases. Various laws and regulations have been designed to reduce greenhouse gas emissions and stimulate climate-friendly energy sources. The course first pays attention to international climate law and then moves on to discuss European climate law and its implementation in the Member States. The international legal framework and negotiations are discussed first, including the Kyoto Protocol and the Paris Agreement. Thereafter the flexible instruments will be examined that allow governments and companies to achieve their emission reduction targets in a cost-effective way. This requires a study of, for instance, International Emissions Trading and the Clean Development Mechanism, but also the Regional Greenhouse Gas Initiative in the USA, the EU Emissions Trading Scheme as well as carbon trading schemes in Asian countries, such as China and South Korea. The course will then zoom in on climate law in the EU, focusing on the EU Emissions Trading Scheme as well as the regulation of renewables and energy-efficiency in the EU. The legal design of carbon capture and storage (CCS) will also be treated, discussing issues like financial incentives, safety norms and liabilities for potential damage. Finally, developments in the field of climate change litigation will be highlighted for different jurisdictions. The course is taught by lecturers of the University of Groningen as well as by lecturers from legal practice which provides students with enhanced knowledge of their professional prospects. | |||||||||||||||||||||||||||||
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| 4 | Company Law | RGMHA50806 | |||||||||||||||||||||||||||
| This aim will be achieved through the study of European company law and by comparing company laws of EU member states. With company law is meant the law on capital companies like the various forms of public and private companies with limited liability. The module is taught during seven weeks. Each week consists of a traditional lecture in which the lecturer offers insight into a particular topic. Some weeks (at least three) also consist of a class meeting which takes the form of a dialogue. For this second meeting, the students will be required to study additional materials relating to current developments and prepare for an in-class discussion. The module starts with a lecture on the freedom of establishment of companies as defined in the TFEU and interpreted by the European Court of Justice. This freedom of establishment has been the trigger for an extensive programme to harmonize the company laws of EU member states. This programme deals with key topics such as: representation of the company vis-a-vis third parties, creditor protection, takeover bids and (cross-border) corporate restructuring and mobility, all of which will be discussed in class. Participants will learn that to some extent this harmonization programme has led to similar laws in the member states; however considerable differences in national company law remain. The comparative approach taken in this module will help participants in their future careers to analyse and understand foreign corporate structures. The course also deals with a topic that has not been the subject of harmonization, but that is of great importance in corporate practice: groups of companies. Participants will compare how some member states regulate groups and they will look at perspectives for regulation of groups at EU-level. Finally, this module deals with truly European corporate forms, such as the Societas Europaea. | |||||||||||||||||||||||||||||
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| 5 | Comparative Criminal Law | RGASR50106 | |||||||||||||||||||||||||||
| The lecture course Comparative Criminal Law offers a review of selected topics in comparative substantive criminal law. The basis will be formed by an introduction into the concept of comparative criminal law (lecture 1), in which its functions, aims and methods will be discussed. In the following lectures various subjects will on this basis be treated in a comparative perspective: culpability, double jeopardy (non bis in idem), sanction systems, homicide, participation in crime, serious traffic offences, sexual offences (in particular rape law) and the criminal liability of corporations. The last meeting in the course will consist of a Question and Answer session. The course will be concluded by a three hour written examination. The legal comparison will focus primarily on continental criminal justices systems and Anglo-American criminal justice systems. | |||||||||||||||||||||||||||||
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| 6 | Comparative Private International Law | RGMPR50106 | |||||||||||||||||||||||||||
| The three main issues of private international law, applicable law, jurisdiction and recognition and enforcement of foreign judgments are the topics that will be dealt with during this class. This will be done from a comparative legal perspective. After a general introduction in the general theoretical framework of the Conflict of Laws, issues of applicable law in European private international law will be approached. Special attention will be given to the subject matters contractual obligations, torts and corporations. In addition, the issue of jurisdiction of courts to adjudicate in the aforementioned subject matters will be approached as well as the recognition and enforcement of foreign judgments throughout Europe. A comparative component lies in the differences that exist in national substantive as well as private international laws, both between the European Member States and civil and common law legal systems. Students will gain knowledge of the basis for and theories on the conflict of laws, enabling them to understand the basic concepts of private international law. They will learn to identify the main private international law problems that arise in cross-border (legal) situations and learn to solve these problems on the basis of (primarily) European rules on private international law. | |||||||||||||||||||||||||||||
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| 7 | Comparative Property Law | RGMPR50706 | |||||||||||||||||||||||||||
| The course starts with an introduction to comparative law in general. Specific attention is given to the use of the functional method of practicing comparative law. Also the importance and limitations of comparative law for various legal professions is discussed. Students are introduced to the various legal systems derived from Roman law, and especially to French and German law. Students learn to appreciate how different solutions have been found for the same legal problems in various European codes. Furthermore students will study the Anglo-American legal system. Next to examining the general structure of this system, students will be familiarised with basic issues of English property law. The course is completed by a comparison of modern continental European private law and the Anglo-American system. | |||||||||||||||||||||||||||||
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| 8 | Comparative Tort Law | RGMPR50806 | |||||||||||||||||||||||||||
| International trade can give rise to liability in tort in many ways. E.g. products manufactured in one country cause damage to consumers in another country, a company is sued for damages caused by a subsidiary. This course covers the most important topics from a comparative perspective. Students are introduced to differences in tort law in various legal systems, especially the English, German and French legal systems. They will be stimulated to reflect upon the different solutions adopted by each of those systems. The teachers of this course will draw on their practical experience to ensure that students will gain useful insights into the realities of litigation. | |||||||||||||||||||||||||||||
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| 9 | Competition Law | RGMEE50306 | |||||||||||||||||||||||||||
| The course is taught using lectures. Active student participation is expected during the lectures. The following topics are dealt with: - Economic principles of competition law - Principles of competition law - The prohibition of restrictive agreements (Art. 101 TFEU) - The prohibition of abuse of dominance (Art. 102 TFEU) - Merger control (Reg 139/2004) Students cannot follow this course and the Dutch language course in Mededingingsrecht. | |||||||||||||||||||||||||||||
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| 10 | Constitutional Principles of EU Market | RGMEE51006 | |||||||||||||||||||||||||||
| The aim of the course is to discuss the working of the EU's internal market from the fundamental constitutional perspective, focusing on some of its key constitutional principles and options for future development of the European Union at an advanced level. Students are encouraged to think critically and offer their own ideas. The course will serve as a basis for practice or research in this broad area of law and will offer a broader perspective than strictly legal, also inspired by the literature from social sciences and humanities. The course: - Examines key constitutional principles of the Internal Market that have shaped the European Union as developed in the Treaties, the Charter of Fundamental Rights and the jurisprudence of the Court of Justice of the European Union; - Surveys each of the European Union institutions examining their functioning and effect on the constitutional development of the Union in the context of the day-to-day co-shaping of the Internal Market together with the Member States of the Union; - Critically reviews a wide compendium of scholarly literature on the topics discussed. The grade is based 100% on a critical research paper of up to 7.000 words (with references) engaging with one of the topics relevant for the course. Students submit a written assignment for every class, which is based on the required readings. Those who fail to get a pass on three assignments are not entitled to submit the paper. | |||||||||||||||||||||||||||||
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| 11 | Criminal Law | RGPSR50110 | |||||||||||||||||||||||||||
| The course Criminal law is divided into two separate parts. Part A is dedicated to substantive criminal law, whereas part B is dedicated to procedural criminal law. There will be one single exam. Half of the grade is based on questions about part A and the other half of the grade is based on questions about part B. Part A: substantive criminal law Comparative law research shows that criminal law systems around the world deal with similar subjects and thus more or less with the same issues. Although, at first sight, every country seems to follow a path of its own, to a great extent criminal law systems have the same foundations. The objective of this part of the course is to study these fundamental and universal principles and concepts. Hypothetical cases will be used to explain legal doctrines and to explore the moral foundations of legal rules. The following topics will be discussed: the legality principle, actus reus (commission versus omission, causation), mens rea (intent versus negligence), the classification of offences, defences (justifications and excuses), inchoate offences (attempt and preparation)and European criminal law. Part B: procedural criminal law National criminal justice systems differ substantially. The adversarial or common law approach has other roots than the inquisitorial or civil law approach. Nevertheless, all criminal law systems have to deal with similar subjects and/or legal questions, and thus more or less the same issues. In Europe, the case law of the European Court of Human Rights contains a standard that every Member State has to respect. In this course, the focus is on ECHR case law and the influence of this case law on national systems of criminal procedure. The following elements of criminal procedure will be discussed: preliminary investigations, preparation and representation at the trial, evidence, sentencing and appeal. The position and competences or rights of the different actors in criminal procedures will also be discussed. | |||||||||||||||||||||||||||||
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| 12 | Criminal Procedure and Human Rights | RGMSR50406 | |||||||||||||||||||||||||||
| Detailed study of the impact of human rights (right to a fair trial in particular) on criminal law and criminal procedure to assess whether a coherent normative corpus of common standards of evidence is emerging. This course adopts a ‘horizontal’ comparative approach to critically explore various criminal law systems and traditions and to identify the challenges raised by fact-finding procedures. It also adopts a ‘vertical’ comparative approach to assess the import and significance of international human rights instruments – and notably the European Convention on Human Rights - which influence both the theory and the application of domestic criminal law in an increasing number of countries. Formative assessment: Oral (individual or group) case law analysis, contextualising judicial decisions and critically assessing their import and impact. Summative assessment: Critical legal essay or case analysis based on relevant case law and academic literature (maximum 2,500 words). | |||||||||||||||||||||||||||||
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| 13 | Cross-border Commercial Transactions | RGMPR50906 | |||||||||||||||||||||||||||
| This course deals with the most important legal issues arising in cross-border commercial transactions, such as contracting and torts: applicable law, jurisdiction and the recognition and enforcement of judgments thereof. Various types of contracts will be looked at, such as sale, consumer, insurance and employment contracts. Electronic-commerce contracts, in their various forms, will also be analysed. While the focus will be on the regulation of international contracts and torts within Europe, attention will also be paid to other legal systems, in particular the ones from the participants’ countries of origin. Instrumental in this course will be several pan-European and international legal instruments, such as: the Rome I Regulation on the law applicable to contractual obligations, Rome II Regulation on the law applicable to non-contractual obligations, the Brussels (I bis) Regulation and Lugano Convention on jurisdiction, recognition and enforcement of judgments in civil and commercial matters. During this class students will be required to actively participate, through weekly assignments, class presentations and legal discussions during class. By doing so the main objective of this course will be fulfilled, i.e. allowing students to practice and broaden their knowledge of private international law and to prepare them for legal practice in the international arena. | |||||||||||||||||||||||||||||
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| 14 | Cyber Crime | RGMBE50705 | |||||||||||||||||||||||||||
| Gestart wordt met de behandeling van de supranationale wetgeving op het gebied van cybercriminaliteit en de daaruit voortvloeiende strafbaarstellingen op nationaal niveau. Achtereenvolgens komen de Cybercrimeverdragen en de daaruit volgende strafbaarstellingen aan bod. Voorts worden in verschillende colleges verschillende delicten behandeld: 1. Cybercrimeverdrag en de Wet Computercriminaliteit I; 2. Wetten Computercriminaliteit II en III; 3. Hacken; 4. Vermogenscriminaliteit; 5. Kinderpornografie. Het vak bestaat uit 5 hoorcolleges en 5 werkgroepen. Tijdens de hoorcolleges wordt de stof per thema behandeld, tijdens de werkgroepen wordt verdieping gezocht door de studenten actief met de stof aan de slag te laten gaan. De studenten worden opgedeeld in groepjes. Per week bereidt één groep de werkgroep voor, d.w.z. dat ze een verdiepende inleiding van het thema van de betreffende week geven, een artikel bespreken en een groepsdiscussie leiden. | |||||||||||||||||||||||||||||
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| 15 | Cybercrime and Cyber Security | RGMSR50506 | |||||||||||||||||||||||||||
| The increasing growth of internet will probably constitute one of law’s biggest challenges for the years to come. The use of computers and of Internet to engage in a huge diversity of criminal behavior – including, but not limited to, child pornography, hate speech, hacking of information (personal or otherwise confidential), espionage or financial theft – is a real and serious threat to both individual rights as well as to State security. This course thus identifies and explores the range of different criminal exploitations of the Internet (also known as Netcrimes) as well as the solutions and/or possibilities offered by law (at the international, regional and national levels) to prevent Netcrimes and punish their perpetrators. Lectures will deal with both technological and legal aspects of cybercrime. In one lecture students will execute lab exercises concerning cybercrime, to get familiar with technological aspects. Other lectures will focus on different types of cybercrime, investigation into cybercrime and dataprotection and cybercrime, as well as on criminological aspects of cybercrime. | |||||||||||||||||||||||||||||
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| 16 | Dutch Law in a comparative perspective | RGAAR50106 | |||||||||||||||||||||||||||
| Participants are expected to be familiar with the legal concepts, legal institutes and methods of working with the law in the system of their home country. Examining the way in which legal rules are drafted and complied with reveals the system's main characteristics in terms of the traditional fields of law, and the relationships between them. Careful attention is given to the legal concepts and divisions on which the Dutch legal system is based. Questions of jurisdiction and organisation are also dealt with. To illustrate the legal system's importance for society, current legal developments are discussed in the comparitive perspective whenever possible. | |||||||||||||||||||||||||||||
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| 17 | Economics of Int Trade & Int Finance | RGBEO50010 | |||||||||||||||||||||||||||
| The international economy is characterized by countless possibilities and uncertainties. The performance of national economies is influenced by variable factors such as exchange rates, trade barriers, constraints on international investment and the level of macroeconomic stability. If a country is to make its mark in the international economy, policymakers must be aware of these factors, how they will develop in the future, and why this is so. The module Economics of International Trade and International Finance discusses the most important economic theories that enable decision-makers, legal practitioners - and individuals in general - to (a) understand the international economy, and (b) assess national policy-making and enforcement. Motives behind and implications of trade barriers and international trade policy are explained, using classical trade theory, the Heckscher-Ohlin model, and elements from contemporary theories, such as economies of scale and imperfect competition. In International Finance, starting with the national available amount of money and the balance of payments, the interdependence of national income, national product, consumption, investments, imports, and exports between countries will be explained. A particular focus of the course is on the Mundel-Fleming model. | |||||||||||||||||||||||||||||
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| 18 | Economics of Regulation | RGAEO50106 | |||||||||||||||||||||||||||
| This course discusses the economic rationale and economic consequences of various types of regulation, including energy market regulation, environmental regulation, cartel and merger regulation, self-regulation and social security regulation. The course concentrates on regulation in general and the regulation of competition in particular, using international examples. There are two major arguments for regulating competition. The first one is that in a free market, firms may agree not to compete, for example with the aim to raise prices, or a firm may grow so big that it can dominate the market. Regulation is geared to preventing abuses of market power that may possibly emerge. Economics of antitrust analyses these issues and distinguishes between economically useful and economically harmful forms of co-operation and competition. The second argument for government regulation is that competition should be avoided if the market is best served by one single firm, a so-called ‘natural’ monopoly. Public monopolies, or private monopolies monitored by public authorities, have been established in the past in sectors such as electricity, gas, water, railways and telecommunications. Recently, many of the former public monopolies have been privatized and some industries (e.g. energy and telecommunications) have been fully or partially deregulated. Economics of Regulation assesses the arguments in favor of and against the regulation of natural monopolies. Various examples of regulation, deregulation and self-regulation from different jurisdictions will be used to discuss the underlying economic theory, varying from energy unbundling to airline cargo cartels and prison gang behavior. Regulatory failure is also extensively elaborated upon. In the final lecture, students present their draft papers in an international discussion environment where they get feedback from other students as well as from the lecturer. | |||||||||||||||||||||||||||||
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| 19 | Energy Law and Policy | RGMEE51206 | |||||||||||||||||||||||||||
| This course provides an introduction to energy law and policy: ‘from well head to burner tip’. It presents students an overview of the organizational and regulatory framework applying to the energy sector. After presenting energy law and policy developments on an international and EU level, the course will focus on the main legal principles applying to the energy chain. After discussing the legal regimes applying to the production of oil, gas and electricity, the course will focus on the regulation of electricity and gas networks. The course will conclude by discussing the main elements of the way in which states organize security and reliability of energy supply. | |||||||||||||||||||||||||||||
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| 20 | Energy Market Law | RGMEE51306 | |||||||||||||||||||||||||||
| This course focuses on the legal framework applying to liberalized energy markets. Energy market liberalization is a global phenomenon but this course will focus in particular on the EU legal framework. In the EU the energy sector is being liberalized and re-regulated since the early 1990s. This process has a major impact on the organization of the market and the way in which the production and supply of oil, gas and electricity is organized and regulated. This has in particular had an impact on the organization of the electricity and gas networks and the way in which consumers can achieve access to these networks. As the EU not only relies on secondary legislation governing the energy sector, the course will also focus on the effect of primary EU Law as an instrument to create an internal energy market. | |||||||||||||||||||||||||||||
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| 21 | EU Trade Law | RGMEE51406 | |||||||||||||||||||||||||||
| This course looks at EU Trade law in the light of the EU’s external relations law and policy. After discussing the development of the EU’s competence in external relations and trade, the course looks at the interaction between political aspects of external relations and trade aspects, and then considers the various trade defence measures open to the EU (such as anti-dumping, anti-subsidies, safeguard measures) and the Trade Barriers Regulation. It will also consider proposed Multilateral Investment Treaties, such as TTIP and look at the EU's neighbourhood policy from the point of view of trade agreements. | |||||||||||||||||||||||||||||
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| 22 | European Human Rights Law | RGMEE50706 | |||||||||||||||||||||||||||
| This course examines the background and scope of the European Convention of Human Rights and the European Union system of human rights protection. It examines the institutional development and functioning of the Council of Europe system of fundamental rights protection, in particular the European Court of Human Rights (ECtHR), and the European Union system of human rights protection, in particular the European Court of Justice. The course looks at the scope of fundamental rights protection within the European Union. A selection of rights and fundamental freedoms covered in the European Convention of Human Rights and the EU Fundamental Rights Charter are discussed. This section includes an examination of the individual rights in the Charter and how these differ from Convention rights. Students are encouraged to reflect on the impact of the development of seemingly different common standards within Europe. Teaching method: This course is taught by way of lectures, in-class discussions and guest lectures. | |||||||||||||||||||||||||||||
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| 23 | European Internal Market Law | RGMEE50606 | |||||||||||||||||||||||||||
| This course deals with various aspects of European Union Internal Market Law which is at the very heart of the substantive law of the European Union. The following topics are dealt with at an advanced level, involving study of the case-law and the considerable literature in the field: - Free movement of goods - Free movement of persons - Freedom of establishment - Freedom to provide services - Free movement of capital - Harmonisation of laws. | |||||||||||||||||||||||||||||
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| 24 | European Judicial Protection | RGMEE51506 | |||||||||||||||||||||||||||
| This course deals with the Union judicial system. It is taught as a class (the Professor encourages discussion), so active participation is required. It examines in detail the different legal procedures before the European Court of Justice (ECJ) and the General Court provided for in the three Treaties (TEU,TFEU and Euratom) and the judicial cooperation with the courts and tribunals of the Member States. Module structure: I Institutional structure and status of the ECJ and the General Court and the relationship between them II Authority of Judgments and general principles of law III Remedies before the European courts 1. Action against Member States for failure to comply with EU law 2. Action for annulment of Community acts 3. Action against failure to act 4. Plea of illegality 5. Contractual and non-contractual liability of the EU 6. Reforms in procedure before the ECJ and the General Court 7. The impact of the Charter and issues relating to individuals under CFSP IV Actions before the courts and tribunals of the Member States 1. National procedural autonomy? 2. Reference for a preliminary ruling 3. State liability. | |||||||||||||||||||||||||||||
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| 25 | European Law | RGBEE50010 | |||||||||||||||||||||||||||
| It is envisaged that this course will include the following topics although precise content and order may vary. Following a brief introduction into the history of European integration, the emphasis of the course will be on (a) the characteristics of the European Union legal order; (b) institutional structure; (c) substantive law including human rights and fundamental freedoms and internal market freedoms (covering an introduction to the Internal Market; free movement of goods; free movement of services and freedom of establishment; free movement of workers; European citizenship); and (d) procedural law/remedies in the European Union legal order (including direct effect, state liability and national procedural autonomy; enforcement of European Union Law against Member States; actions for judicial review; references for preliminary rulings). | |||||||||||||||||||||||||||||
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| 26 | European Sustainability Law | RGMEE51606 | |||||||||||||||||||||||||||
| Do you know what the little round green logo on your cola bottle actually means? It guarantees you, as a consumer and a human being, that you will not harm the environment when disposing of this bottle. But who is responsible for this and who should pay for it? These are all questions related to sustainability and how it is regulated. Article 3 TEU requires the European Union to work for the sustainable development of the European Union. This course will examine what this entails and how it is implemented in law by looking at the embryonic normative framework set by the objectives in Article 3 TEU in connection with the values of the EU listed in Article 2 TEU. Real-life challenges affecting the daily lives of the EU, its Member States (and you!) in three areas where sustainability issues arise: the protection of the environment, consumer protection and social inclusion and solidarity will be discussed in this course. This will provide you with a thorough understanding of the mechanisms that underlie the law-making in this area of EU regulation, as well the practical implications for the day to day legal practice in the European Union. Thus it will give you a competitive edge in the fast growing market of sustainability law. | |||||||||||||||||||||||||||||
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| 27 | Europeanisation of Public Law | RGBBE50110 | |||||||||||||||||||||||||||
| Well known EU legal doctrines on ‘procedural autonomy’, ‘direct effect’, ‘consistent interpretation’, ‘ex officio application of European law’ and ‘state liability’ are used as a starting point for looking into the consequences of those doctrines in the various Member States. Attention is also given to important questions on the enforcement of European law in the national legal order, the organisation of the national judiciary and the influence of European law on fundamental principles of (public) law like a.o. legal certainty, non-discrimination and the proportionality principle. For those purposes case law is being analysed on how European law is actually being applied by the various national public law courts. These and other doctrines show how Europeanisation affects the constitutional position of these national courts. However, not only the national courts are affected by Europeanisation. Similar effects are influencing the position of the national executives and the national parliaments. To understand these effects, the European Union will be examined as a (combination of) legal order(s), using concepts such as ‘autonomy’, ‘sovereignty’, ‘representation’ and ‘efficacy’. The aim of this analysis is to enable students to give an outline of the impact the European Union has on the position of the main actors of the Member States. | |||||||||||||||||||||||||||||
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| 28 | German Law and Legal German | RGAAR50405 | |||||||||||||||||||||||||||
| The module will be given in semester 2b and consists of a serie of seven lectures. The classes will be in English.In these lectures, attention will be paid to Germany's constitutional law, the relationship between international and national law, German private law (the BGB) and German criminal and administrative law. Several aspects will be placed in a legal history perspective. In addition, with regard to Germany's law and legal language, several court decisions (of the Bundesverfassungsgericht in particular) will be discussed in order to give students a brief introduction to German legal terms. | |||||||||||||||||||||||||||||
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| 29 | Governance of Safety | RGMBE50805 | |||||||||||||||||||||||||||
| Het vak draagt theoretische kennis aan over de dilemma’s van de coördinatie van veiligheidsvraagstukken in een open en democratische samenleving. Hoe waarborgen we fundamentele waarden van transparantie, rechtsbescherming en privacybescherming wanneer we tegelijkertijd met tal van uitdagingen op veiligheidsterrein worden geconfronteerd? Hoe zijn organisaties in het veiligheidsdomein aan te sturen? | |||||||||||||||||||||||||||||
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| 30 | Internat Commerc. Dispute Settlement Law | RGMPR50306 | |||||||||||||||||||||||||||
| This course will consider various methods to resolve disputes arising out of international (commercial) transactions, with a focus on international (commercial) arbitration. During this course, students will become acquainted with practical problems relating to alternative dispute resolution and more in particular in the field of international arbitration. This course aims to offer more in-depth knowledge of various forms of alternative dispute resolution, including international commercial arbitration, through active participation and discussions during the lectures. After having finished this course, students are able to quickly get to the core of arbitration law-problems in cross-border cases, to find solutions for these problems through selecting relevant rules of law and to make the legal assessments necessary. Furthermore, students have gained a general knowledge of the various other forms of alternative dispute resolution. The first part of the course will be devoted to the following topics: introduction on international dispute settlement, including advantages and disadvantages of different forms of dispute settlement, types and forms of arbitration and the procedural framework (sources of arbitration). Thereafter the course will be devoted to the issues of arbitrability, public policy, validity of arbitration agreement, drafting of arbitration agreements and the applicable procedural and substantive laws. Subsequently, the course will focus on the issues relating to the establishment of the tribunal, secretary to the tribunal, powers and duties of arbitrators and arbitral proceedings. The final part of the course will be devoted to recognition enforceability of arbitral awards. During the course the lectures will refer to different arbitration rules, arbitration laws, relevant international treaties and case law. Important to know: There will be one compulsory lecture for all students! In the beginning of the course a case with 12 questions will be published on Nestor. Students will have to form groups of 4-6 students (group enroll on the student portal course page). Each group must answer one question. The answer must be between 1000-2000 words, including footnotes, and each group should submit their answer through email within a given deadline. Each group must subsequently present their answer during the compulsory lecture (week 5). Questions may be asked by other students and/or the lecturer. The students will be graded. The grade forms 1/10th of the final grade for this course. Another deadline will be given for the end paper. Students are completely free to choose their topic for the end paper, as long as it falls within the scope of this course. The grade for the end paper forms 9/10th of the final grade for this course. Students who do not attend the compulsory lecture cannot pass this course. | |||||||||||||||||||||||||||||
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| 31 | International Contracts Law | RGMPR50406 | |||||||||||||||||||||||||||
| In the age of globalization, cross-border contracts are becoming increasingly common. In this course students will get acquainted with the main international contract law instruments and the world's major contract law systems, as well as the important contract clauses regularly used in international commercial contracts. The course will enable students to gain knowledge of and insight into the main concepts of contract law in international and comparative perspective and to develop skills required for applying these concepts in global commercial practice. In particular, the course will focus on the issues related to pre-contractual liability, agency, contract interpretation, remedies for non-performance, and the effect of supervening events on contracts. | |||||||||||||||||||||||||||||
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| 32 | International Corporate Insolvency Law | RGMHA50306 | |||||||||||||||||||||||||||
| The first aim of this module is to provide students with knowledge of and insight into the foundations and key issues of corporate insolvency law in several legal systems (e.g. the systems of the Netherlands, the United Kingdom and the United States of America). The module’s second aim is for students to gain knowledge of and insight into legal aspects of cross-border corporate insolvencies. In this way the module aims to prepare students for a career as a lawyer dealing with (cross-border) financing and restructuring of insolvent businesses. The module is taught during seven weeks. Each week consists of a traditional lecture in which the lecturer offers insight into a particular topic and as well as a class meeting which takes the form of a dialogue. For the second meeting, the students will be required to study additional materials relating to current developments and they will have to prepare for an in-class discussion. The module starts with a week in which principles of corporate insolvency law that are common to most legal systems are discussed. In the following two weeks the corporate insolvency law systems of The Netherlands and the United States of America will be discussed and compared. The latest trends in the reorganisation of insolvent companies in both systems will be dealt with. In the next two weeks, the focus will be on two specific topics of corporate insolvency law that pop up invariably in the process of restructuring of insolvent companies: the avoidance of transactions and directors’ liability in the event of insolvency of the company. The relevant laws of various countries will be discussed and compared. The module ends with classes on aspects of cross-border corporate insolvencies. In these classes the EC Regulation on insolvency proceedings and the Uncitral Model Law will be dealt with. Several cross border insolvency cases will be studied and discussed. | |||||||||||||||||||||||||||||
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| 33 | International Crimes | RGMSR50606 | |||||||||||||||||||||||||||
| Detailed legal and criminological study of specific international crimes, including terrorism, and of the perpetrators of such atrocities. This course explores a diversity of mass violence crimes: war crimes, genocide, extermination, persecutions, crimes of sexual violence, torture and terrorism. It overall adopts a two-fold (law and criminology) critical approach to fully grasp the concept of international criminality in terms of prohibited acts, protected victims and identity of perpetrators. Students will study the relevant legal instruments and case-law at the domestic, regional and international levels. They will also be taught how to critically reflect on criminological research and literature. This will provide them with a full understanding of the causes and true nature of these mass crimes. It will ultimately allow for the identification of the challenges faced by (international) criminal law in preventing, investigating and punishing international crimes and the assessment of the effectiveness of legal and enforcement measures at the international, regional and national levels. | |||||||||||||||||||||||||||||
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| 34 | International Criminal Trib. and Courts | RGMSR50706 | |||||||||||||||||||||||||||
| Detailed study of international criminal law and justice, with a specific focus on the ad hoc International Criminal Tribunals and the International Criminal Court. This course adopts both a substantive and procedural approach so as to offer a complete insight into this very fast-growing and highly contemporary legal subject. Based on an in-depth analysis of the different legal instruments and of the relevant case-law, this course addresses judicial responses to mass atrocities and the prosecution of international crimes both at the domestic and international levels. It thus explores the very functioning of international (and internationalised) courts and tribunals at the pre-trial, trial and post-trial stages, focusing on the investigation of international crimes, on the gathering and admissibility of evidence (including forensic evidence), on issues of State cooperation as well as on modes of participation (individual criminal responsibility, joint criminal enterprise), on available defences, on sentencing and on the place given to victims of, and witnesses to, international crimes in the proceedings. The course adopts a critical approach to assess the role and effectiveness of international criminal law institutions in an international legal environment torn between globalization and fragmentation. Formative assessment: In-class group case law analysis, contextualising judicial decisions and critically assessing their import and impact. Summative assessment: Critical legal essay or case analysis based on relevant case law and academic literature (maximum 3,500 words). | |||||||||||||||||||||||||||||
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| 35 | International Health Law | RGMIR51306 | |||||||||||||||||||||||||||
| This module focuses on international standards relevant for the protection of health. These include the standards adopted by the Wold Health Organization (WHO), human rights law, domestic health law, as well as international humanitarian law, intellectual property law and medical-ethical standards. Attention will be paid to ‘international health law’ as an emerging field of international law. Human rights law, in particular the right to health, plays an important role in this field. Topics that will be covered (subject to change) are: 1) health security threats, including the spread of infectious diseases and man-made and natural disasters - with a particular focus on the recent ebola crisis; 2) global and domestic health inequalities and access to healthcare services and essential medicines, including the drafting of domestic legislation on essential medicines, and the position of vulnerable persons in healthcare settings, with a particular emphasis on migrants and women (reproductive health); 3) the tension between international trade and the protection of health, including the role and position of the pharmaceutical industry and of the food industry. Students will have to study and critically reflect upon these health-related themes, in light of the relevant international standards. Specific individual or group assignments will be part of the preparations for class, which may touch on, for example, an envisaged text of a Framework Convention for Global Health and/or domestic model legislation in the field of health. Each student will have to give a presentation on a specific topic of his or her choice, in preparation of his or her individual paper. Several guest lecturers will share their specific expertise in this course (including Professor Hans Hogerzeil from UMCG and Professor Aart Hendriks from Leiden University). | |||||||||||||||||||||||||||||
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| 36 | International Human Rights Law | RGMIR51106 | |||||||||||||||||||||||||||
| This course examines the basic concepts and theories concerning human rights; the protection of human rights in positive international law, in particular through the work and case law of international human rights bodies such as the Human Rights Committee and the various regional human rights adjudicatory bodies. Lectures will focus on topics such as: • The conceptual and philosophical background to human rights; • The development of the universal human rights system including discussions of the different types of human rights monitoring bodies under the United Nations and their procedures to ensure compliance with the human rights obligations of states; • An overview of the various regional human rights monitoring bodies and recent developments therein; • The various procedures available to states, individuals, and groups to secure the protection of human rights law at the international and regional level; • A discussion on the content and scope of a select group of rights under international and regional human rights law and recent developments (f.e. the right to life; the right to freedom of expression and the right to freedom of association and assembly; and some select social and cultural rights); • A discussion of various current topics in the field of human rights law including the potential human rights obligations of non-state actors such as international financial institutions and multinational corporations, the human rights of vulnerable groups such as indigenous populations, the problem of dealing with terrorism and human rights, and the discussion about the existence of a right to development and a clean and healthy environment. • Pespectives on a career in the field of human rights and the need to actively engage in the field. | |||||||||||||||||||||||||||||
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| 37 | International Humanitarian Law | RGMIR50306 | |||||||||||||||||||||||||||
| This module focuses on the law applicable to international and non-international armed conflicts. It discusses the Hague law (means and methods of warfare), Geneva law (on the protection of specific groups), and customary international humanitarian law (IHL). The course will start with a historical overview of the development of IHL its legal basis and scope of application as well as the distinction between international and non-international armed conflicts (IACs and NIACs). The course will then shift from a theoretical/historical perspective towards a more practical one. This re-focus will start with the examination of the various actors and groups involved in armed conflict, the distinction between combatants and non-combatants, and controversial actors like militia and terrorists. It will then move to the various means and methods of warfare, the cardinal principles of international humanitarian law (principle of distinction, prohibition of unnecessary suffering and superfluous injury), prohibited acts (attacks on civilians, assassination and ‘no quarter’, perfidy), military necessity, military objectives, precautions to be taken when attacking. Since no area of law exists in clinical isolation from the others, the course will conclude with an examination of the highly topical interface between international humanitarian law and international human rights law. Lectures are the main teaching method, but students will have to study and critically reflect upon IHL textbooks as well as recent articles on a variety of topical and highly debated IHL issues. Group assignments, presentations and crisis simulations will be an integral part of certain of the seminars. Military and academic experts in the field of IHL will also be invited to deliver lectures on specific topics (such as targeting). | |||||||||||||||||||||||||||||
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| 38 | International Institutional Law | RGMIR50906 | |||||||||||||||||||||||||||
| Modern international governmental institutions and organizations started to emerge in the second half of the 19th century and in the beginning of the 20th century. World War II sealed the fate of the League of Nations but spawned the birth of the United Nations and many other international institutions and organizations. The end of the 20th century has seen a new wave, with the creation of ad hoc and permanent international (criminal) tribunals and courts and the World Trade Organization. No one doubts that international institutions and organizations are essential for international cooperation, and one may expect to see expansion of their functions and activities in the years to come. However, on the one hand, organizations are engaged in a continuous struggle to effectively pursue and fulfil their purposes within the specialised and limited nature of their competences and powers. On the other hand, the expanding scope of activities of for instance the UN Security Council and the implementation of its decisions by UN members raises questions as to the conformity of activities and decisions with international law in general, and in particular with human rights law, and has led to the discussion of for instance the organization’s international responsibility for (alleged) violations. This course focuses on the institutional law aspects of the activities displayed by international organizations, in particular –though not exclusively– of the United Nations. Topics to be discussed include: international legal personality and applicable law; privileges and immunities; the admission and representation of States; normative acts, resolutions, (binding) decisions, recommendations and authorizations; voting procedures; express, implied, and inherent powers; enforcement powers; the internal division of powers, especially within the United Nations; the international responsibility of international organizations; the question of ultra vires acts; and review of acts of international organizations. This course will be taught by way of lectures, in which various concepts common to different organizations will be introduced and critically assessed. Specific institutional problems and international controversies will be examined by reference to the law applicable within the particular organization or institution. | |||||||||||||||||||||||||||||
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| 39 | International Trade and Development Law | RGMIR51406 | |||||||||||||||||||||||||||
| The World Trade Organization deals with the global rules of trade between nations. Its overriding purposes are to regulate the trade in goods and services, to prevent unnecessary and discriminatory measures, and in this way to help trade flow as freely as possible — so long as there are no undesirable side effects — because this is important for economic development and well-being (wto.org). This course is intended to explore and discuss the complex field of international trade law, in particular the legal regime of the WTO, as a distinctive branch of international law and to investigate whether and how the liberalization of international trade supports or hampers economic development and well-being in developing countries. Many international documents and conferences have called “to develop further an open, rule-based, predictable, non-discriminatory trading and financial system” (Millennium Development goal 8). In 2001, the WTO members states committed themselves to “continue to make positive efforts designed to ensure that developing countries, and especially the least-developed among them, secure a share in the growth of world trade commensurate with the needs of their economic development”. Answering this question requires an understanding what development means and of international development law. Exploring the right to development will for instance be a part of the course. The course will address the rules of international trade law as developed and applied in the context of the WTO, with the General Agreement on Tariffs and Trade (GATT) as a core legal instrument, and the structure and relevant case law of the WTO system for settlement of trade-related disputes. Particular attention will be given to analysing general exceptions within the trade law regime to balance trade law with general objectives of for example human rights protection, preservation of the environment and the promotion of sustainable development, and specific privileges and exemptions for developing countries. Furthermore the development of international development law will be discussed and investigated, including the legal implications of the Sustainable Development Goals of 2015. The course will be taught in a combination of lectures, discussions and presentations. The lectures will focus on introducing and discussing the legal regime, whereas in the discussion and presentations students will engage in academic dialogue related to the international trade and development regime on the basis of a reading list. The exact format will be depending on the number of participants. | |||||||||||||||||||||||||||||
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| 40 | Intr. to International and European Law | RGPIR50210 | |||||||||||||||||||||||||||
| The Introduction to International and European Law module consists of two components. Half of the module is dedicated to Public International Law, and will focus on various theoretical and practical aspects of this area of the law, such as decision making at the international level, the role of international organizations, and the international protection of human rights. The other half of the module is dedicated to the study of the basic principles of European Law, such as the structure of the European Union, the compliance with European law and the significance of the internal market. This part of the course focuses on the EU institutional and procedural set-up and the manner in which EU law creates its effects in the national legal orders of the Member States. | |||||||||||||||||||||||||||||
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| 41 | Introduction to Common Law | RGBAR50005 | |||||||||||||||||||||||||||
| The classes will be lectures, although there will be room for questions and discussion as necessary. The course will touch upon the following subjects (at least) 1.the origins of the common law 2.the role of the judge in the common law 3.the role of lawyers in the common law 4.the idea of precedent and judge-made law 5.criminal law in the UK, including the use of the jury and cross-examination 6.contract law in the UK 7.the law of torts in the UK 8.property law in the UK 9.family law in the UK 10.the UK ‘constitution’. | |||||||||||||||||||||||||||||
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| 42 | Introduction to Criminology | RGMCR50206 | |||||||||||||||||||||||||||
This course offers a first acquaintance with criminology, criminological concepts and the main criminological theories. After participating in the course, the student is able to name and describe the following fields and subjects within criminology, also on the basis of current developments in the field of crime and crime-control into account:
Students will gain insight in various types of crime and the academic discourses on the causes thereof and thus will develop a general understanding of both crime and criminology and the current problems relating to crime and crime control. | |||||||||||||||||||||||||||||
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| 43 | Introduction to Economics | RGBEO00405 | |||||||||||||||||||||||||||
| The central question of this course is: how does the economy work, including markets, and when is government intervention necessary? The microeconomics part of the course focuses on consumer behavior, producer behavior and market equilibrium. Different market structures (monopolies and oligopolies) and market imperfections (e.g. external effects) are discussed. The consequences of various government interventions are examined. The macroeconomics part explains the working of the economy as a whole, including the global economy, as well as policy options to address inflation and recession. This module is specifically designed for students of the International and European Law LLB programme. It prepares students for the course Economics of International Trade and International Finance later in the curriculum. | |||||||||||||||||||||||||||||
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| 44 | Introduction to Technology Law | RGPRI50105 | |||||||||||||||||||||||||||
| Technology law has developed in response to rapid technological and social change from a patchwork of applications of ordinary rules, as for example: of contract, criminal, and commercial law, to cyberspace and the digitisation and virtualisation of everyday activities. This course sets the scene and introduces the students to the immense impact that technology and especially computers and the Internet have on substantive law. It is envisaged that this course will include the following topics although precise content and order may vary: - Introduction to the digital society - Governance in the era of Internet of things - Digital content and Intellectual property rights - Criminal activity in the digital society - e-Commerce - Privacy and data protection - Future challenges in Technology law | |||||||||||||||||||||||||||||
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| 45 | Investment and International Law | RGMIR51506 | |||||||||||||||||||||||||||
| International investments are a core aspect of the global economy. Investments mostly are made by multinational corporations and are of great importance for the economies of both the home and the host states of the investments. On the one hand, investors try to reduce risks and favour a stable and predictable investment climate in which they are protected against undue interference by states. On the other hand, host states want to be able to formulate and enforce their national or regional (e.g. EU) economic, environmental, tax, human rights and other policies without being completely subjected to restrictive international investment regulations. In the past decades around 3,000 bilateral investment treaties (BITs) and a number of multilateral investment treaties have been concluded worldwide to regulate and protect international investments. This course analyses the history and nature of these agreements and their development over time, revealing a cautious tendency to transform these agreements from instruments merely protecting the interests of private foreign investors into instruments which provide a more equitably balance between the interests of foreign investors and those of the host countries, in particular developing countries. Disputes about the application and interpretation of these agreements are often subjected to international investment arbitration. This, for international law rather unique, state v. non-state actor confrontation in international arbitration will be discussed, providing insights into, among others, the critique on the tribunals as a body curtailing the regulatory freedom of the host states. This course is broader than a course on international investment law, as it aims to put investment issues in the context of the evolving system of international law, including law-making aspects relating to developing a more general legal framework for international investment instead of the 3,000 bilateral arrangements, the international responsibilities of non-state actors, and developments in dispute settlement. | |||||||||||||||||||||||||||||
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| 46 | Law Enforcement in Digital Society (verv | RGMBE50605 | |||||||||||||||||||||||||||
| In dit vak komen zowel de dreigingen als de kansen die de digitalisering voor de handhavende overheid met zich meebrengt, met de focus op strafvorderlijke regulering en de bijbehorende rechtswaarborgen voor burgers. Het spanningsveld tussen democratische legitimiteit en effectieve opsporing is een thema dat behandeld wordt. Een onderdeel van dat spanningsveld is de noodzaak tot het betrekken van andere actoren bij de aanpak van veiligheidsproblemen. De politie kan niet overal tegelijk aanwezig zijn, vooral niet op internet. Een strategie om dat tekort op te vullen, is het betrekken van andere partijen middels publiek-private samenwerking. Hoe die betrokkenheid van anderen zich ontwikkelt en juridisch in elkaar steekt, is dan ook een ander belangrijk thema waarin verdieping wordt gezocht. De onderwerpen die aan bod komen, zijn: 1. Cybercrime en opsporing (reactief) 2. De aanpak van cybercrime als gedeelde maatschappelijke verantwoordelijkheid; 3. Cybercrimeconventie, de Wetten Computercriminaliteit en hun implicaties voor strafvordering; 4. Het gebruik van digitale middelen door de politie – deel I (proactief) 5. Het gebruik van digitale middelen door de politie – deel II (proactief) Het vak bestaat uit 5 hoorcolleges en 5 werkgroepen. Tijdens de hoorcolleges wordt de stof per thema behandeld, tijdens de werkgroepen wordt verdieping gezocht door de studenten actief met de stof aan de slag te laten gaan. De studenten worden opgedeeld in groepjes. Per week bereidt één groep de werkgroep voor, d.w.z. dat het geven van een verdiepende inleiding van het thema van de desbetreffende week, het bespreken van een artikel en het leiden van een groepsdiscussie. | |||||||||||||||||||||||||||||
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| 47 | Legal History | RGPRG50105 | |||||||||||||||||||||||||||
| The course treats the legal history of selected European countries and the creation of their codifications, such as the French Civil Code, the German Bürgerliches Gesetzbuch and the Dutch Burgerlijk wetboek. Attention is paid to the influence of Roman law and natural law on the development of European law. Furthermore, attention is paid to English common law as alternative to codification. The module will be taught in English by way of lectures and work groups. The subject matter will be discussed during the lectures. During the work groups, students will practice the art of reading and understanding cases which illustrate the material. Therefore students are expected to study the book and textbook as well as prepare the questions in advance. | |||||||||||||||||||||||||||||
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| 48 | Market Regulation | RGMEE51706 | |||||||||||||||||||||||||||
| The course is taught using lectures. Active student participation is expected during the lectures. The following topics are dealt with: - State aid control (Art. 107 TFEU) - Competition law relating to state intervention in the market (Art. 106 TFEU) - EU Market regulation and liberalisation - Enforcement and judicial review in competition law | |||||||||||||||||||||||||||||
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| 49 | Modern Public Management | RGMBE50206 | |||||||||||||||||||||||||||
| De afgelopen 25 jaar heeft zich in het management van de publieke sector een revolutie voltrokken die bekend staat als New Public Management (NMP). Dat is een verzamelnaam voor allerlei soorten experimenten met nieuwe vormen van management. De grootst gemene deler ervan is het streven meer ‘marktachtige’ technieken toe te passen om de publieke sector efficiënter te maken. In deze cursus worden geschiedenis, achtergrond, werking en resultaten van NMP besproken en geanalyseerd, mede aan de hand van een internationale vergelijking. Daarbij is het fenomeen van digitalisering een recente ontwikkeling die nu al laat zien dat organisatievraagstukken daardoor worden beïnvloed. | |||||||||||||||||||||||||||||
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| 50 | Multi-level Labour Law and CSR | RGMHA50906 | |||||||||||||||||||||||||||
| The aim of this module is to gain knowledge and insight in the field of Labour Law from a multi-level angle. Labour law is to be found in many different sources, national law including case law is still by far the most important legal source. Increasingly, labour law is to be found elsewhere: in the conventions of the International Labour Organization (ILO), in the case law of the European Court of Human Rights in Strasbourg and in EU directives and the case law of the Court of Justice of the EU in Luxembourg and also in private or public codes of conduct. The lawyer must be able to work with interferences between all these levels. Substantively, the course will deal with fundamental issues of labour law, e.g. the concepts of employed and self-employed, the main elements of dismissals’ law, freedom of association, the right to strike and collective bargaining. Other topics are equal treatment, child labour, forced labour and migrant workers and labour law. Finally, public and private codes of conducts concerning corporate social responsibility are becoming important sources of labour law. Also international framework agreements concluded by multinational corporations and global trade unions are becoming more important. These instruments are essential because multinational corporations operate at a global level, while (national) labour law is restricted territorially. | |||||||||||||||||||||||||||||
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| 51 | Organised and Financial Crime | RGMSR50806 | |||||||||||||||||||||||||||
| Keywords for the course: Transnational crime, organised crimes, financial crimes Brief course description: This course explores different types of criminal activity, all involving an organised and/or financial aspect and often transcending domestic borders. The analyses of different crimes rely on the study of international and domestic legislation as well as on relevant case law. Far from remaining purely theoretical, the course identifies the challenges this type of crime raises for individual states, and for the international community as a whole, both in terms of prevention and of punishment, and assesses the viability and efficiency of the legal responses adopted so far. A number of guest lectures will be given by legal practitioners working in this field of law. This course includes analyses of the following organised and financial crimes: terrorism, drug trafficking, human trafficking, corruption and money laundering. | |||||||||||||||||||||||||||||
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| 52 | Policy science in digital society | RGMBE50106 | |||||||||||||||||||||||||||
| Om als analist bij te dragen aan de kwaliteit van het beleid of het beoordelen van het beleid, is het van belang te weten welke factoren invloed hebben op het beleidsproces. De beleidswetenschap biedt de kennis die inzicht kan geven in het verloop van dit proces. Daarnaast worden verschillende analysetechnieken besproken, zoals probleemstructurering, kosten-batenanalyse, en argumentenanalyse. De kennis hierover stelt de student in staat de technieken te gebruiken, maar ook om de kwaliteit van het gebruik door anderen te beoordelen. | |||||||||||||||||||||||||||||
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| 53 | Politics and Government in the EU | RGAPW50105 | |||||||||||||||||||||||||||
| This course provides an introduction to the European Union as a political system that exists alongside and together with the national systems of the member states. Students will get acquainted with the history of and explanations for the European integration process, the institutional structure of the EU, the European integration theories in political science, the decision-making procedures and a selection of policy fields. By examining its development, institutional structure and policy making the study aims to contribute to an understanding of the nature and functioning of this rather unique European political system and its impact on European societies. Attention will be paid to the history of the EU, its institutions, the theory of European integration, the role of interest groups and problems of implementation. Analysis of political decision making in several policy fields (e.g. Common Foreign and Security Policy; Enlargement; Agriculture; Regional Policy) is used to demonstrate the functioning of the EU in practice. The course consists of lectures (2 hours) and workgroups (1 hour). In the lectures the key issues of study will be introduced and explained. In the workgroups issues related to some of the main topics dealt with in the lectures will be discussed with the help of student presentations. | |||||||||||||||||||||||||||||
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| 54 | Private Law 1 | RGPPR50105 | |||||||||||||||||||||||||||
| Private Law I addresses the major concepts, objectives and problems of contract law and of tort law. The contract law part includes topics such as party autonomy, formation processes, and remedies. Topics of tort law include fault and risk based liability and issues of damages. Where possible, the course will take the Principles, Definitions and Model Rules of European Private Law, DCFR (2009) as a point of departure. The course aims at providing the students with a general understanding of the main characteristics and functions of contract law and of tort law. Teaching method: This course consists of lectures and tutorials. In the tutorials the students practice by means of assignments which have to be prepared in advance. | |||||||||||||||||||||||||||||
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| 55 | Private Law 2 | RGBPR50105 | |||||||||||||||||||||||||||
| Private Law 2 focuses on property law in a broad sense. It introduces the area of property law and covers principles of property law, different systems of transfer of property within Europe, production, commingling, combination, prescription, the limited rights in rem and land law. | |||||||||||||||||||||||||||||
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| 56 | Public International Law | RGBIR50010 | |||||||||||||||||||||||||||
| In this module the main doctrines of public international law are discussed in lectures in which positive law and its historical background forms the basis for a discussion of the contribution of international law to the resolution of international conflicts and to managing (new) international challenges of an economic, ecological or humanitarian nature. In the working groups concrete situations will be addressed and students will be expected to discuss and argue the legally relevant aspects. Topics that will be discussed include sources, subjects, jurisdiction, immunities, state responsibility, international organizations, peaceful dispute settlement, the use of force in international relations, the law of the sea, international human rights law and international environmental law. | |||||||||||||||||||||||||||||
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| 57 | Refugee and Asylum Law | RGMBE01606 | |||||||||||||||||||||||||||
| This course examines issues concerning refugees and asylum seekers in an international context. The world is facing a huge number of refugees all over the world. The number of displaced persons is increasing everywhere. Because of the continuing development of means of transportation and communication, the western world also faces a huge challenge. This course will focus on the on both international standards, such as the 1951 Convention Relating to the Status of Refugees and the New York protocol and the still developing Common European Asylum System. The first three lectures will focus on international standards and more specifically on the 1951 Convention Relating to the Status of Refugees and the New York Protocol. Questions relating persecution, grounds for persecution, internal flight alternative, internally displaced persons, the concept of safe countries, exclusion and cessation and non-refoulement will be explored. The last three lectures will examine case law of the European Court of Human Rights on the concept of non-refoulement, the development and challenges of the Common European Asylum System and the Dutch asylum system. During the lectures discussion between students is encouraged and feedback is provided by the lecturer. In the last week, a guest lecture or a visit to a reception facility will be made. Students have the option to make one assignment. The grade on this assignment can be used to replace one, on forehand by the lecturer determined, ten point question of the written exam. | |||||||||||||||||||||||||||||
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| 58 | Safety & Security in Digital Society | RGMBE50506 | |||||||||||||||||||||||||||
| Het vak Safety and Security in Digital Society is bedoeld als inleiding op het thema veiligheid in een digitale samenleving. Het vak wordt gekenmerkt door een interdisciplinaire behandeling van de stof, waarbij inzichten uit bijvoorbeeld de criminologie, rechtssociologie en –filosofie worden gebruikt om het fenomeen digitalisering te kenschetsen. Dit gebeurt vanuit het perspectief van daders, slacht¬offers en de overheid. Het vak bestaat uit zes verschillende thema’s: 1. Belangrijkste concepten / begrippen; 2. Aard, omvang en schade als gevolg van deviant gedrag (criminologie, rechtssociologie); 3. Cybercriminelen en hun werkwijze (criminologie); 4. Materieel strafrecht in relatie tot digitalisering, magic circle (rechtswetenschap / rechtsfilosofie); 5. Grondrechten in een digitale samenleving (rechtswetenschap); 6. Techniek-filosofie. Het vak bestaat uit 6 hoorcolleges en 6 werkgroepen. Tijdens de hoorcolleges wordt de stof per thema behandeld, tijdens de werkgroepen wordt verdieping gezocht door de studenten actief met de stof aan de slag te laten gaan. De studenten worden opgedeeld in groepjes. Per week bereidt één groep de werkgroep voor, d.w.z. dat het geven van een verdiepende inleiding van het thema van de desbetreffende week, het bespreken van een artikel en het leiden van een groepsdiscussie. | |||||||||||||||||||||||||||||
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| 59 | Seminar Byzantine Law | RGMRG50406 | |||||||||||||||||||||||||||
| Following the long tradition of studies and research in Byzantine Law, the University of Groningen offers the course Byzantine Law. This English taught course introduces the sources of law in the Eastern Roman or Byzantine Empire, covering the period from the founding of Constantinople in 330 to the fall of the Empire in 1453. The emphasis is on the development and character of the Greek adaptations of the legislation of Justinian, most of which was originally issued in Latin. The nature of the most important sources and their interrelations are illustrated by examples. Besides, medieval legal documents, such as court decisions and imperial acts give an impression of how these sources were interpreted and applied in legal practice. Some special topics are discussed, for example, issues of international private law and maritime law in the Eastern Mediterranean of the Middle Ages and the position of church law in Byzantium. The texts are discussed during the lectures; as they are all written in Greek and Latin, English translations are provided. Depending on the sources, the possibility exists of discussing special topics upon request. This course is also recommended to e.g. students of Greek and Latin, Ancient and Medieval History and Theology. The exam consists of the writing and the presentation of a short paper and an oral exam. The presentations of the papers of the students are held in the last week. | |||||||||||||||||||||||||||||
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| 60 | Seminar Constitutions Compared | RGMST51206 | |||||||||||||||||||||||||||
| Constitutional Law deals with the bare essentials of what makes a State. If focusses on questions regarding the formal and informal structures in a polity, the source of powers exercised therein, the relationship between government bodies, between the state and individuals and between states and questions alike. It can be argued that over time, we have seen that these questions remain somewhat similar, however the answers thereto differ. Explanations for these differences are quite often easily understood (globalization, modernization, differences in public opinion, religion, economical and sociological typology et cetera), but sometimes rather difficult to comprehend. In this seminar we would like to focus on both the similarities and the differences. We will do that, however, not as a goal but as a means to deepen the understanding of these arrangements and the way they are interrelated. The aim of this seminar is to better understand the fundamental principles and structural choices in constitutional design: in order to understand what makes the system work, we’ll first have to find out what the system is and what we might expect from it. For this end, the method of comparative constitutional law is useful. The comparison can deal with either several states or international organizations, but also with the way a constitutional Grand Design was applied in one specific state or organization. By means of discussing the writing process/progress, draft outlines, draft essays and final essays this seminar will, from a comparative point of view, lead students through the process of writing an article that could be published in a legal journal. The seminar is pre-eminently suitable for students who want to train their writing skills and have an interest in comparative constitutional law and/or constitutional theory and/or the frontiers of traditional constitutional law. Note: Presence at the meetings is compulsory. | |||||||||||||||||||||||||||||
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| 61 | Seminar European Private Law | RGMRG50506 | |||||||||||||||||||||||||||
| Modern West European private law has been laid down in comprehensive codes. As a result, the impression is conveyed that there are as many autonomous systems of private law as there are codifications. This impression is quite wrong, however. All modern codes, especially the parts that deal with commercial law, have been compiled on the basis of Roman law, the European ius commune, the common private law of Europe. Therefore, despite all the legal diversity, modern European commercial law has developed from a common source. After examining this basis, students are introduced to the various legal systems derived from Roman law, and especially to French, German and Dutch private law. Students will learn to appreciate how different solutions have been found for the same legal problems in various European codes. The English taught module is completed by a comparison of modern continental European private law and the common law of England. Each class covers a specific topic of private law; the present module focuses on property, possession and the transfer of ownership. | |||||||||||||||||||||||||||||
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| 62 | Seminar International Environmental Law | RGMIR50606 | |||||||||||||||||||||||||||
| The protection of the environment and the promotion of sustainable development is one of the main challenges of our time. Depletion of fish stocks in the oceans, air and water pollution, climate change, and accidents with nuclear power plants are just a few examples of the complex issues that need national and international legal regulation. The course will provide a general overview of the history and basic principles of international environmental law and sustainable development following the historic line starting with the Stockholm Conference of 1972, the Rio Conference on Environment and Development of 1992, the Johannesburg Conference of 2002 to Rio+20, 2012. This will be followed by investigating through student contributions and discussion the application of the general principles, rules and procedures in relation to various areas, including transboundary pollution, marine pollution, liability questions, the protection of biodiversity, climate change, the protection of the Arctic and Antarctica, and waste disposal. The course will include lectures focusing on the main features of international environmental law and the law of sustainable development and working sessions in which students will present their research findings. An individual final paper on a focused topic and an oral examination will conclude the course. | |||||||||||||||||||||||||||||
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| 63 | Settlement of International Disputes | RGMIR51806 | |||||||||||||||||||||||||||
| One of the main objectives of law is to contribute to the peaceful settlement of disputes. Whereas in domestic law access to judicial settlement is an essential part of the legal system, in international law the consent of all parties is required in dispute settlement procedures that involve a third party (court, tribunal, fact finding commission, mediator, etc.) and the enforcement of the outcome of international procedures is not without serious limitations. In this course we will critically analyze international dispute settlement procedures in general, as well as discuss various methods and procedures of dispute settlement in more detail, such as the International Court of Justice, international (investment) arbitration, commissions of enquiry or fact-finding commissions, the WTO dispute settlement procedures, and non-compliance mechanisms in international (environmental) treaties. With the development of more specific dispute settlement procedures within various areas of international law (trade, investment, human rights, international criminal law, law of the sea, etc.) questions as to the interaction between these mechanisms arise. Does this lead to fragmentation of international law or to cross-fertilization? Do dispute settlement bodies in one area of law take account of the decisions of those in other areas? What is the role of domestic court decisions? This course is limited to peaceful methods of dispute settlement. It will not deal with international criminal courts and tribunals or with human rights bodies specifically. The course will be taught through lectures focusing on the main features of dispute settlement (procedures) and working sessions aiming at discussing specific procedural and jurisdictional issues based on case-law. Students will be asked to prepare brief assignments, find and analyse case-law and prepare for moot court exercises. An excursion to one or more courts or tribunals may form part of the course. | |||||||||||||||||||||||||||||
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| 64 | Social Security Law | RGABE00206 | |||||||||||||||||||||||||||
| The course on international and comparative social security law offers an introduction into the principles of social security which apply in the national systems in different (groups) of countries. These principles will be discussed with reference to both the national social security systems of a number of selected countries and international standards on social security as adopted in Conventions of the United Nations, the ILO and the Council of Europe. Each year a central theme of social security comparison is chosen, such as raising retirement age, children and social security, the treatment of migrant workers, etc. | |||||||||||||||||||||||||||||
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| 65 | Supervision & Enforcement | RGMBE50406 | |||||||||||||||||||||||||||
| Het onderwijs is interdisciplinair van karakter in die zin dat naast een bestuurskundige introductie in de verschillende instrumenten die toezichthouders ter beschikking staan ook een bestuursjuridische en strafrechtelijke introductie in het toepasselijke recht en de algemene regels over toezicht en handhaving wordt gegeven. Aandacht wordt aandacht besteed aan het werk van verschillende toezichthouders op gemeentelijk, provinciaal en nationaal niveau. In het bijzonder wordt aandacht geschonken aan het werk van toezichthouders op de gegevensbescherming, veiligheid en justitie en op andere veiligheidsdomeinen (cybersafety, veiligheid op de werkplek, voedselveiligheid). | |||||||||||||||||||||||||||||
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| 66 | The Legal heritage of Europe | RGARG50405 | |||||||||||||||||||||||||||
| Roman law has played a significant part in the genesis of a common European legal culture. In the sixth century of our era it was codified by the emperor Justinian, but it was not until its ‘rediscovery’ in the 11th century and the foundation of the medieval universities that it became the basis of a tradition of a ‘ius commune’, a tradition uninterrupted since then, not even by the national codifications of the 19th century. It is a story of how societies different from the one in which Roman law had originated managed to adapt the Roman legal heritage to their own needs and circumstances and to select what apparently was of lasting value. This English taught course examines that process and concentrates on what European countries have in common rather than on what separates them. Attention is paid to factors which have contributed to this tradition: Which is the Europe we are speaking about? What did this Roman law look like? What role did canon law play? Which were the competitors of Roman law? The development is followed in seven weeks during which texts are discussed in class illustrating the argument. Students are supposed to have a basic understanding of European political history. . | |||||||||||||||||||||||||||||
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| 67 | Theory of Internat. Relations | RGBPW50105 | |||||||||||||||||||||||||||
| This introductory course on International Relations introduces to the main tenets of contemporary theory. The world system and national political events and actors interact to produce an outcome that may be called world politics. The system constrains the behavior of individual states and may lead to confrontation and war, but also to cooperation and order. This calls for analyzing the sources of military power, but also economic interdependence and globalization, which structure many of the world's transactions. The aim is to provide students with a basic understanding on international relations theory and associated methods in order to systematically analyze international events and explain transnational contemporary phenomena of peace and war as well as of competition and collaboration. | |||||||||||||||||||||||||||||
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| 68 | UN Peacekeeping and Peace Enforcement | RGMIR51906 | |||||||||||||||||||||||||||
| The Charter of the United Nations imposes a general prohibition to use armed force in international relations, with self-defence and collective security action by the UN Security Council as the main exceptions. Frequent use of the veto by permanent members of the Security Council during the Cold War led to the development of peacekeeping missions based on the consent of the parties to the conflict and voluntary contributions of (military) personnel by other UN members. After the fall of the Berlin Wall in 1989, a more activist Security Council started intervening in crises situations in an unprecedented manner through authorizing interventions by ‘coalitions of the able and the willing’ under Chapter VII of the Charter, by expanding the number of peacekeeping missions and widening the scope of their mandates, by creating international criminal tribunals, imposing targeted sanctions against individuals or non-state actors and by adopting decisions with legislative design. However, the (threat of) veto remains an obstacle to effective intervention in many situations. This course will deal with the international law side of the complex and highly political objectives of maintaining or restoring international peace and security. After introducing the basic rules on the use of armed force between States, the course will concentrate on UN peacekeeping and peace enforcement. As regards peacekeeping, the history, legal basis, main principles, the developing scope of mandates, and the functioning and responsibilities of peacekeeping operations will be discussed in light of the fact that current threats to or disturbances of peace and security are often of an internal character and involve non-state actors. This also affects peace enforcement: what is for instance the impact of atrocities committed within states on the interpretation of what constitutes ‘peace’ or a ‘threat to the peace’ and consequently on the implementation of the enforcement powers of the Security Council as instituted by the Charter. Humanitarian concerns and humanitarian intervention take a much more prominent role than the traditional focus on maintaining and restoring peace between States. The primary responsibilities of the Security Council will be investigated and its enforcement competence and powers under Chapter VII of the Charter will be extensively analysed. The responsibilities and functions of especially the General Assembly, and its relation with the Security Council, will be explored. A critical discussion of past and current crisis situations will be a central feature of this course, as (developments in) international law cannot be understood in ‘clinical isolation’ from the day-to-day realities in international relations. | |||||||||||||||||||||||||||||
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