Login
English
Nederlands
Informatie over Exchange programme Law
Hieronder staan het programma en de vakomschrijvingen van Exchange programme Law Klik op de naam van een vak in een schema om naar de omschrijving te gaan.
| 1 | Administrative Law and Market Regulation | RGBBE50210 | |||||||||||||||||||||||||||
| This new course offers students an introduction to administrative law and market regulation. It describes the evolution of administrative law in a number of countries and explains key concepts of administrative law (public body, administrative act/action, standing, judicial review of administrative decisions, deference, public contract). Moreover, this course reflects upon the shift from a traditional national model of public powers to a global or European model of intertwined public-private regulatory forces. In particular, the course introduces students to market regulation and explains how it affects the public/private divide and uses public and private law instruments and enforcement mechanisms to achieve its policy goals. Being comparative in essence, the course does not only discuss the developments within the European Union but also beyond. It also devotes attention to novel and more global phenomena such as the emergence of global administrative law and global private powers that exist parallel to traditional regulatory actors. Furthermore, the course combines the discussion of general and sector-specific aspects of the subject matter. This will allow students to apply the concepts learned in more general lectures to particular heavily regulated areas, such as consumer law and financial law and thus further develop their general knowledge of administrative law and market regulation. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 2 | 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 System 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 System 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 3 | Commercial Dispute Resolution | RGBPR50205 | |||||||||||||||||||||||||||
| This course is about commercial dispute resolution. Such disputes arise from substantive private (commercial) law. Traditionally, the civil procedure in (national) state courts fulfills the main function of dispute resolution. There are, however, alternative methods of dispute resolution, such as arbitration, mediation, and binding advice. In this course we will explore these methods of (alternative) dispute resolution from an international perspective and discuss the advantages and disadvantages of each method. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 4 | Comp. Law, Market Reg. and Ext. Effects | RGMEE52106 | |||||||||||||||||||||||||||
| Competition law plays an important role in shaping the economies of most European states as well as the EU’s internal market. It is characterised by an integrated approach to law and economics and results in important behavioural rules for companies as well as public authorities. EU competition law and market regulation increasingly affect market participants from non-EU states and the course will also address these external effects. 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); 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; Effect of competition law and market regulation on non-EU actors. Students cannot follow this course and the Dutch language course in Mededingingsrecht. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 5 | Comparative Criminal Law | RGASR50106 | |||||||||||||||||||||||||||
| The lecture course Comparative Criminal Law offers a review of selected topics in comparative substantive criminal law. The basis of the course is formed by an introduction into the concept of comparative law, in which its functions, aims and methods will be discussed. In the following lectures various subjects will be treated in a comparative perspective: culpability, theories of punishment, homicide, participation in crime, serious traffic offences, self-defence and self-defence excess, sexual offences (in particular rape law), and the criminal liability of corporations. The legal comparison will focus primarily on continental criminal justice systems. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 9 | Competition Law in the Digital Market | RGBRI50305 | |||||||||||||||||||||||||||
| Digital markets are a complex and recent phenomenon that challenge competition law as we know it. We will therefore start this course with a short introduction to the (EU) competition rules. After that, we will turn to the challenges that digital markets pose to the rules. That means that we will study the instances where the rules have been applied to digital markets and after that we will reflect upon that application: does this application result in more competition, more choices for consumers? What will it do to the incentive to innovate etc.? We will also study and reflect upon some of the national and internal market rules contemplated or applicable to digital markets. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 10 | Contemplating Democracy&the Rule of Law | RGBRF50010 | |||||||||||||||||||||||||||
| Democratie en rechtstaat worden vaak gezien als wezenlijk betwiste concepten. Hoewel men het meestal eens is over hun waarde en belang, bestaat er grote onenigheid over de theoretische aspecten, practische implicaties en verschijningsvormen van deze ideeën. In dit college wordt de historische ontwikkeling van de begrippen democratie en rechtstaat geschetst, vervolgens worden enkele theoretische aspecten van deze ideeën belicht, waarna aandacht wordt geschonken aan speciale problemen zoals de rol van democratie in de Europese Unie, democratie en populisme, vormen van democratische besluitvorming op Internet, en de wisselwerking tussen rechtstaat en democratie. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 11 | Contract and Tort Law | RGPPR50205 | |||||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 12 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 13 | 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). | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 14 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 15 | Cyber Crime | RGMRI50705 | |||||||||||||||||||||||||||
| 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 7 hoorcolleges en 7 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 16 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 17 | Data Protection and Human Rights | RGBRI50110 | |||||||||||||||||||||||||||
| Technology has changed the means through which human rights are both exercised and violated around the world. Protection of these rights will depend on the ability to interpret the existing principles in the digital context. This course will be separated in two parts. First it will give the students some general knowledge on human rights, their scope and application. Then, it will focus on the right to data protection in the EU. The new EU rules that substitute the previous patchwork of national legislations in order to offer better protection as well as legal certainty will be studied thoroughly. During the course the students will learn about the basis of the right to data protection, the rights and safeguards provided for all data subjects, the duties of data controllers and processors, as well as the architecture created for the protection of the right. Taking a Human Rights perspective, the course will draw parallels and highlight differences between the use of personal data in different sectors of the economy, as for example: commerce, media, health, etc. and the use for the purpose of law enforcement. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 18 | Dutch Law in a comparative perspective | RGAAR50106 | |||||||||||||||||||||||||||
| Participants are expected to be familiar with the legal concepts, legal institutes, legal culture 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 21 | EU External Relations Law | RGMEE51906 | |||||||||||||||||||||||||||
| This course looks at the competences of the European Union as a global actor. It addresses the nature and scope of EU external competences and the consequences of this for the ways in which the EU engages in relations with third states and other international organizations. It analyses the EU's procedures to conclude international agreements and looks at the effects of international law in the EU legal order. In addition, various external policies will be analysed, such as trade; development; foreign, security and defence; human rights; climate and environment; police and judicial cooperation; and neighbourhood policies. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 22 | EU Institutional and Constitutional Law | RGMEE52306 | |||||||||||||||||||||||||||
| The aim of the course is to discuss the EU from an institutional and constitutional perspective, focusing on some of its key principles and options for future development, both internally and in relation to its position and role in the world. Students are encouraged to think critically and offer their own ideas. This advanced course offers in-depth insights in the functioning and role of the EU institutions, and the Union's legal system. Weekly topics are studied on the basis of key academic articles and key judgments of the CJEU. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 23 | Eur. Environm. Law in a Global Context | RGMEE52406 | |||||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 24 | 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 as well as by the Union in its external relations. 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. The course is built on three strands: 1. An examination of the scope of fundamental rights protection within the European Union; 2. An examination of 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; 3. An examination of a selection of rights and fundamental freedoms covered in the European Convention of Human Rights and the EU Fundamental Rights Charter – including the rights to enjoyment of private life, data protection, citizenship, freedom of expression, non-discrimination and right to effective remedy and fair trial. In selecting which rights to be covered, attention to recent case-law and market developments are kept in mind. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 25 | 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 (legal) history and culture, 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 culture, several court decisions (of the Bundesverfassungsgericht in particular) will be discussed in order to give students a brief introduction to German legal terms. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 26 | Int. Crimes and Gross HR Violations | RGMSR50906 | |||||||||||||||||||||||||||
| Detailed legal and criminological study of specific international crimes and other gross human rights violations, including terrorism, and of the perpetrators of such atrocities. This course explores a diversity of mass violence crimes: war crimes, genocide, extermination, 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 crimes and individual criminal responsibility. It will look into the nature and causes of these crimes, the perpetrators and how they are dealt with in the aftermath. It will look at prohibited acts and human rights violations, protected victims and the identity of perpetrators. Students will study the relevant legal instruments and case-law. They will be taught how to critically reflect on criminological research and literature and to take a knowledge from other disciplines into account when addressing legal issues. This will provide them with a full understanding of the causes and true nature of these mass atrocity crimes and human rights violations. It will ultimately allow for the identification of the challenges faced by (international) criminal law and (international) human rights law in preventing, investigating and punishing international crimes and other gross human rights violations and for the assessment of the effectiveness of legal and enforcement measures at the international, regional and national levels. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 27 | Internal Market Law and its Ext. Effects | RGMEE52006 | |||||||||||||||||||||||||||
| This course deals with various internal and external 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; Extraterritoriality of the internal market and the global reach of EU substantive law. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 28 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 29 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 30 | 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). | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 31 | 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 standards, domestic health law, as well as related fields of international law, for example international trade law. 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. Broad themes that will be covered are: a) Introduction to the international standards protecting health; introduction to international (global) health law b) the role of human rights in healthcare, health promotion and prevention Specific themes (subject to change): 1) Infectious disease control, including the regulation of vaccination, with a case study of Covid-19 2) Regulation of risk factors for noncommunicable chronic diseases including cancer and diabetes, i.e. smoking, unhealthy diets and excessive use of alcohol 3) Indoor and outdoor air pollution 4) Mental health 5) Reproductive health, including the regulation of modern reproductive technologies, and abortion 6) Euthanasia and physician-assisted suicide 7) Children's rights in healthcare In relation to these themes, the course also focuses on international and domestic lawmaking. Several guest lecturers will share their specific expertise in this course. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 32 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 33 | 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). | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 34 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 35 | Intr. 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 familiar with crime as a criminological phenomenon; the criminalogical theories; the way criminologists do research; aware of the nature and size of crime and how this is measured; victimology and the role of the media. 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 36 | 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’. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 37 | 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. The course will include the following topics: - Law and Technology - Governance in the digital environment - Cyber-speech and social networking - Privacy and Data protection - Criminal activity in the digital society - IP and the information society - e-Commerce | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 38 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 39 | Law and Economics of Innovation | RGBEE50605 | |||||||||||||||||||||||||||
| The world is rapidly changing. This course will rely upon Law & Economics to unravel the legal and economic roots and nuances of the current debates that have emerged with the quick technological development. After giving the basis of Law & Economics theory, the course will focus on economic analysis of various legal fields and technological innovations and challenges. Topics can include economics of property law, economics of contract law, economics of tort law, economics of criminal law, competitive markets; and economics of privacy and data protection, 3D printing and market failures. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 40 | Law of the European Union | RGBEE50110 | |||||||||||||||||||||||||||
| This course focuses on the substantive law of the European Union, with particular emphasis on the fundamental freedoms of the EU internal market, fundamental rights, EU citizenship, EU competition law and the external relations of the EU. Students are expected to be familiar with the basic principles of EU constitutional and institutional law, as covered by the first-year course Introduction to International and European Law. The course also provides an introduction to the enforcement of EU substantive law both at EU-level and national level, and the basic principles of judicial protection. These topics will be discussed in greater detail in the third-year LLB course EU Law of Judicial Protection. The two weekly lectures discuss the general theory and doctrine of the topics covered by this course. The weekly workgroups focus on the practical application and analysis of these topics. Particular attention will be given to the ability to apply EU substantive law in favour of one particular side of a dispute, which is the core activity of lawyers, instead of trying to find “the one right answer”. Active participation in the workgroups is mandatory. The assessment is based on a written exam. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 41 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 42 | Markets and Regulation | RGBER10005 | |||||||||||||||||||||||||||
| The central question of this course is: how to balance efficiency with the rule of law in the regulation of markets in an international and European context? The interactions between states as well as the cross-border market transactions between companies and individuals are regulated by means of international and European law. Examples will be discussed of laws and regulations that are efficient and those that are not. The examples will be international and comparative, based on economic theory and empirical research, ranging from Europe to Africa, the Americas, Asia and Australia. Where politicians can help or hamper efficiency by changing the ‘rules of the game’, lawyers can propose legal changes and interpret the existing rules in such a way that efficiency is improved. Students will actively discuss whether and how lawyers should balance efficiency with the rule of law in international and European market regulations. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 43 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 44 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 45 | 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. Thema's die besproken worden variëren van 'smart citizens', algoritmische besluitvorming, verantwoording van blackbox algoritmes en inter-organisatorische data-uitwisseling. Naast de bijeenkomsten die bestaan uit hoorcolleges waar de literatuur behandeld wordt, presentaties door studenten en discussies van de leerstof, stellen studenten op basis van de behandelde thema's een betoog op. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 46 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 47 | Private International Business Law | RGBIP50005 | |||||||||||||||||||||||||||
| The three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments are the key subject matters that will be dealt with during this class. The emphasis of the class will lie on the first two subject matters. The issues of jurisdiction and applicable law will be addressed for general contractual obligations, consumer contracts, employment contracts, torts and the liability of directors. In addition, the issue of recognition and enforcement of foreign judgments throughout the EU is addressed. In discussing these subject matters an EU approach will be adopted. The class will provide a general introduction into the theoretical framework of the EU rules on private international law. Students will acquire knowledge of the basis for and theories on the EU conflict of laws, enabling them to understand key concepts of private international law when doing business in the EU. 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 European rules on private international law. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 48 | Property Law | RGBPR50305 | |||||||||||||||||||||||||||
| Property Law 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 49 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 50 | Refugee and Asylum Law | RGMBE01606 | |||||||||||||||||||||||||||
| This course will explore Dutch migration law. In this course, different aspects of Dutch migration Law will be dealt with, such as gaining entry into the Netherlands, which admission procedures needs to be followed in order to gain a residence permit (regular and asylum residence permit) the consequences of staying illegally in the Netherlands and judicial protection in the field of Dutch migration law. The course also focus on actual developments in migration law, both on a national level and an international level. The course will be taught in the form of seven lectures. The module dovetails with Dutch administrative Law (1, 2 and 3) but can also be followed independently. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 51 | Regulating Cybercrime | RGBRI50105 | |||||||||||||||||||||||||||
| New technologies, including the Internet, cloud technology and cryptocurrencies, enable new ways of committing crimes. This creates new challenges to traditional criminal law and to existing cybercrime legislation. This course will review these challenges, examining limitations and possibilities of the current legal frameworks and reflects on the future regulation of cybercrimes. Particular emphasis will be placed on the definition of offences, on the procedural means to investigate and prosecute these crimes as outlined in the current Cybercrime Convention (ETS 185). A comparative view of the legal issues will be adopted, drawing especially on the international framework (including the Council of Europe and the European Union) and national approaches. The course will cover: a. definitions and categorisation of cybercrime; b. the relationships between cyberterrorism, cyberwarfare and cybercrime; c. content related cybercrime (such as child pornography; IP infringement; hate speech); d. offences against property (including fraud); e. computer assisted crimes: f. policing online behaviour (including responsibilities of internet service providers); g. prosecuting cybercrimes; h. discussion of key human rights cases relating to cyber investigations and prosecutions; i. the future of cybercrime (including a reflection on criminal responsibility in automation). | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 52 | Regulation of digital technologies | RGMBE50005 | |||||||||||||||||||||||||||
| 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? | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 53 | Roman Law | RGBRG50005 | |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 54 | Security & Privacy in Digital Society | RGMRI50006 | |||||||||||||||||||||||||||
| Het vak bestaat uit zes thema’s: 1) Belangrijke concepten en begrippen (rechtswetenschap, rechtsfilosofie, rechtssociologie, criminologie); 2) Werkwijze van cybercriminelen en aard, omvang en schade als gevolg van deviant gedrag (rechtswetenschap, rechtssociologie, criminologie); 3) Cyber security, preventie van cyberincidenten en beveiligingsmaatregelen (rechtswetenschap); 4) Soorten aansprakelijkheid en toepasselijkheid van internationaal recht, waaronder het recht van staatsaansprakelijkheid, en nationaal recht, waaronder materieel strafrecht in relatie tot digitalisering (rechtswetenschap, rechtsfilosofie); 5) Grondrechten in een digitale samenleving (rechtswetenschap, rechtsfilosofie); 6) Techniek-filosofie (rechtsfilosofie). 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 een verdiepende inleiding van het thema van de desbetreffende week wordt gegeven, een artikel wordt besproken en een groepsdiscussie wordt geleid. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 55 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 56 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 57 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 58 | Supervis. & Enforcem. in digital society | 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). | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 59 | The Contemporary Value(s) of Int. Law | RGBIR50305 | |||||||||||||||||||||||||||
| Over time international relations scholars have developed different theories to explain the structure and functioning of international relations (IR) and international politics, including by means of different binding and non-binding instruments of international law. Each IR theory stresses distinct elements and the centrality of different underlying values to elucidate the motivation of various international actors in the approaches they take, the choices they make and the policy solutions they find. For students and practitioners of international law a thorough understanding of the values underlying these diverse IR theories is instrumental to grasping, in a structured manner, the different visions about the context in which their primary field of focus functions, and how international law interacts with and may influence international politics. In particular, different regulatory and value-based starting points and choices in varying substantive areas of international law can often be traced back to the dominance of one or more IR theories in the international legal sub-field in question. Moreover, developments, contradictions and problems in specific fields of international law are easier understood and foreseeable when it is acknowledged that they result from changes in the (most) dominant underlying IR theory, or tensions between different IR theories that underlie policy choices in parallel. Finally, international law itself, with its own logic, structure and principles as a sub-discipline of the general discipline of law, may at times determine or deter certain developments in international politics and IR. Trained sensitivity to all of these various forms of interaction between international law and its context helps lawyers to understand better the structuring and managing role that their own discipline plays, or can play – and also its inherent limits. This course aims to provide such training and equip students with said sensitivity. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 60 | The Law & Economics of Eur. Integration | RGMEE52506 | |||||||||||||||||||||||||||
| The course aims to go beyond legal aspects of the European integration process by focussing on economic factors that have not only driven the internal integration process, but also explain the current position of the European Union in global economic governance settings. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 61 | The Legal heritage of Europe | RGARG50306 | |||||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||
| 62 | 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. | |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| terug naar boven | |||||||||||||||||||||||||||||