Courses 2013

European Monetary Union

 

In no other area has European integration advanced as much as in the monetary sphere. By joining the European Economic and Monetary Union (EMU), 17 countries of the European Union have given up their national currencies and their monetary sovereignty and have created a common monetary area with a joint central banking system (Euro system) and a common European currency (Euro). With the introduction of euro notes and coins Europe also got a strong common symbol. At the same time, the US dollar received a competitor for its role as the dominant international currency. The financial, economic and debt crisis has revealed fault lines in the design of EMU. Reforms to address these issues have been undertaken. However, many observers think more radical reforms are necessary. In this sense, EMU has moved center stage in EU’s on-going evolution and further integration.

The course aims at providing students with in-depth knowledge of institutional and economic issues related to EMU, so that they can form their own views on this and related topics. Former students appreciated the topicality of this course and its close correspondence to issues discussed in the political and financial community.

 

The course will cover the following topics:

• Stages, history and rationale of monetary integration in Europe
• Costs and benefits of a monetary union – past and future enlargement of the euro area
• The rationale of independent central banks
• The common monetary policy in practice – goals, principles, strategy, decision-making bodies and processes
• The implementation of monetary policy in the Euro system
• The transmission mechanism of monetary policy
• Fault lines in the euro area’s economic governance, and reforms in response to the crisis – outlook on future challenges

 

Requirements: Active class participation (20%) and a mid-term and final exam (40% each).

 

This course is regularly organized with the support of the Oesterreichische Nationalbank (Austrian Central Bank).

 

 

 

The Institutional Framework of the European Union

“On paper” and “in practice”

 

The course will focus on the unique political system of the European Union. Students will be introduced to the main institutions playing a role in the decision-making process and to some of the main decision-making procedures. In this context an introduction will be given to the legal order of the EU by covering the main sources of Community Law. Using the field of environmental policy as an example the students will gain some insights how formal institutions, rules and procedures work out in the practice of EU policy making.

The course very much builds on the active participation of participants. Group work and open debates will form an integral part of the program.

 

The first part of the course will focus on the Institutional Framework of the EU by examining:

• The main sources of Community Law and where relevant their repercussions on the institutional framework.
• The role of the European Commission, the European Parliament, the Council of Ministers and the  European Court of Justice within the EU’s institutional framework (and where relevant their evolution during the process of European integration).

This section will be based on lectures and class discussions on such critical questions as the quality of democracy in the EU and the efficiency of decision making.

 

The second part will concentrate on policy making within the European system by looking at:

• Some of the main decision making procedures such as consultation and co-decision
• The role of non-institutional actors such as NGOs in the EU’s decision making process
• The performance of EU policies during the implementation phase

This part will combine discussions of general aspects of the policy making process with exemplary and more detailed insights picked from the field of environmental policy.

 

Requirements: Class participation (40%), a mid-term (20%) and a final exam (40%). The mid-term exam will focus on “facts” and combine multiple choice with short answer questions (30-45min); the final exam will pose an essay question and give the opportunity for some free reflection (45 min).

 

 

 

Theory and Practice of International Commercial Arbitration

A Global Perspective

 

International commercial arbitration has become the preferred means of resolving international business disputes. The course offers a comparative introduction to the regulatory framework underlying international commercial arbitration and gives insights into practical aspects of arbitral proceedings.

When planning and concluding international contracts, parties (and their counsel) should carefully consider how any disputes arising out of it should be resolved. The present course will, therefore, start by analyzing key factors influencing the choice of different (alternative) dispute resolution mechanisms for certain types of contracts. In addition, the choices that parties opting for arbitration face and the “dos and don'ts” of drafting arbitration agreements will be discussed. The second part of the course will deal with the different stages of arbitral proceedings, ranging from the filing of the request for arbitration to the rendering of the final decision by the arbitrators, i.e. the arbitral award. Finally, the third part of the course will cover issues that arise in the period following arbitral proceedings, such as the enforcement of arbitral awards.

 

Topics include:

• Overview over different forms of Alternative Dispute Resolution (ADR)
• Drafting arbitration agreements and the choices it entails (ad-hoc vs. institutional arbitration)
• Constitution of the arbitral tribunal (appointment and challenge of arbitrators)
• Jurisdictional battles (parallel proceedings before state courts and arbitral tribunals)
• Procedural principles in arbitration
• Taking of evidence in international commercial arbitration (witness statements, cross-examination, document production)
• Conflict of laws in international arbitration
• The arbitral award (challenge and enforcement)
• Advocacy and procedural strategy

 

Teaching method:

The lectures will be divided in a theoretical and an interactive (workshop-style) part. The topics will be presented on the basis of international instruments (e.g. the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention on the Enforcement of Foreign Arbitral Awards) and leading cases from selected jurisdictions. Following the presentations by the lecturer, students will have the chance to apply the knowledge gained in mock pleadings, hearings and the like.

 

Requirements: Regular attendance and active participation in class discussions (40%) and an open-book essay exam (60%).

 

 

 

European Political Systems in a Comparative Perspective

 

This course familiarizes students with the major theoretical, empirical and substantive issues in contemporary European politics.

First, the course examines the different governmental institutions, electoral systems and party systems across the member states of the European Union and their impact on political processes and the society.

Second, it focuses on the different social cleavages in these political systems and their changes over time.

Third, the course analyzes the recent electoral behavior of the European electorate both in national and European Parliament elections and its repercussions on European party systems.

The course aims at deepening the understanding of the main debates in contemporary European politics using a comparative approach.

 

Requirements: Performance will be assessed on the basis of attendance and participation in class discussions (20%), an essay to be handed in at the beginning of week 2 (20%) reflecting critically on the impact of electoral systems on democratic institutions, and role play taking different party positions into account (20%) and a written final exam (essay-type) (40%).

 

 

 

European Privte Law - The Civilian Tradition

 

The course offers a historical and comparative introduction to European Private Law. Today’s variety of legal systems in Europe cannot be properly understood without reference to European Legal History. Thus, one part of the course will be devoted to the development of European Private Law and the specific contribution of the Civilian Tradition. Particular attention is to be paid to the dominant forces of law making in the different legal systems: magistrates and legal experts in Ancient Roman Law, professors and clergymen in Medieval Law, judges in the Common Law and legislators in Modern Continental Law.

 

Furthermore, basic concepts of Private Law such as property, contracts and extra contractual obligations will be dealt with in this course in a comparative perspective. This will be done mainly in form of discussions about specific cases ranging from the transfer of movables to the restitution of assets to Nazi victims, from the discussion about ”good faith” in European Contract Law to claims of an agent of necessity. Special emphasis will be placed on the discussion of possible solutions, the analysis of court decisions and the evaluation of legislative choices.

 

I. The Landscape of European Private Law: Diversity and Common Traditions

• Sources of “European Private Law”
• Variations of a Theme: Transfer of Property in European Legal Systems
• Acquisition in Good Faith
• Art restitution and Acquisition in Good Faith: the Mahler-Werfel Case

 

II. Lawyers, Judges, Legislators. The Making of European Law

• Roman Law: The Jurists´ Role in the Development of Law as a Science
• Medieval Law: The Scholarship of the Professors of Civil and Canon Law
• The Codification(s) of Private Law in Continental Europe
• The Emergence of Common Law as opposed to Civil Law: Judges as Law Makers
• Supranational Legislation: EC-Directives in the Area of Consumer Protection

 

II. Case Studies in European Contract Law

• Liberty of Contract and Equality in Exchange
• Good Faith in European Contract Law
• Extra contractual Obligations: the Witty Genealogist’s Case

 

Requirements: Regular attendance and active participation in class discussions (40%) and an open-book essay exam (60%).

 

 

 

Transnational Organized Crime: International Law and European Perspectives

 

Contemporary Crime and Criminal Justice is increasingly characterized by the globalization of criminal activities and international efforts to combat transnational crime. This course explores the international legal framework and best practice guidelines to prevent and suppress transnational organized crime, including trafficking in persons, the smuggling of migrants, drug trafficking and the like.

The course outlines and examines the criminalization of these activities and, with the focus on European countries, analyses national, regional and international efforts to investigate such crime and prosecute offenders.

The course is designed to give students a comprehensive understanding of contemporary patterns and characteristics of transnational organised crime and relevant international conventions.

The seminars, exercises and working-group sessions during the course invite students to critically reflect on the nature and limitations of international criminal law conventions, and understand the rationale of international, regional and domestic policies in this area. The course seeks to improve communication, presentation, and research skills.  The course enhances students’ abilities to research policy documents and legal material, critically analyze legislation, case studies and scholarly writing, present research findings to academic audiences, and elaborate practical recommendations for law reform and policy change relevant to the subject area.

 

Topics covered in this course include:

• concepts and characteristics of organized crime;
• Criminalizing organized crime
• Drug trafficking
• Trafficking in persons
• Migrant smuggling
• Law enforcement and judicial cooperation.

Assessment: participation and seminar exercises (25% of final grade), final exam (75%).

 

This course is made possible through the generous support of Marina Mahler.

 

 

 

International Investment Law and Arbitration

 

The legal environment for international foreign investment has changed dramatically since the end of the Cold War. International investment dispute resolution, in particular through international arbitration has become increasingly common. Foreign investors are much more willing to pursue claims against host States than their home States (e.g. for alleged expropriation or unfair treatment).

This course will focus on international investment disputes and their resolution through arbitration and is attractive to students interested in public international law and international arbitration. The course will address the dispute settlement mechanism as well as the substantive standards of investment protection Teaching will vary between interactive lectures encouraging student participation, traditional lectures and case studies. Student presentations may also be required.

 

1. Introduction

• The conflicting interests of the host State and the investor
• Historical development of international investment protection

 

2. The Sources of International Investment Law

 

3. The concept of investment (who is an investor, what is an investment)

 

4. Standards of Treatment

• Fair and equitable treatment
• Full protection and security
• The Umbrella Clause
• Access to justice, denial of justice, fair trial
• National treatment
• Arbitrary and discriminatory
• Most favoured nation clause

 

5. Expropriation

 

6. State Responsibility and Attribution

• Attribution
• Responsibility for illegal acts
• Necessity

 

7. Dispute Settlement, ICSID

• Methods of dispute settlement
• Treaty arbitration
• Jurisdiction
• Applicable law
• Annulment
• Enforcement of Awards

 

Recommended Reading: Dolzer/Schreuer: Principles of International Investment Law (2nd ed., 2012).

Requirements: Regular attendance and participation in class discussion (20%) and a final exam (80%).

 

 

 

European Union Law

The Contribution of the European Court of Justice of the EU

 

This course will focus on the role of the Court of Justice of the European Union (CJEU) within the institutional framework of the EU in general as well as on the influence of the case-law of the CJEU on the development of certain key areas of EU law.

 

The course will

• Address the different sources and forms of EU law and discuss their interrelationship.

 

• Discuss some of the leading principles of EU law, such as the principal of primacy of EU law, the principle of subsidiarity and the principle of proportionality.

 

• Give an introduction to the functioning of the CJEU, its composition and its jurisdiction.

 

• Portray the main actions and procedures that can be brought before the CJEU.
  • Preliminary ruling procedures
    • jurisdiction of the CJEU to give preliminary rulings on the interpretation of primary and secondary Union law and on the validity of secondary Union law
    • relation between national courts and the CJEU in the context of the preliminary ruling procedure
  • Actions for infringement of EU law by a Member State, with emphasis on the changes introduced by the Lisbon Treaty
  • Actions for annulment
  • Appeals against rulings of the General Court

 

• Analyse the case‑law of the CJEU in the field of
  • Fundamental rights
  • European private law
  • Protection of intellectual property and the internet
  • Union citizenship

 

Requirements: Performance will be assessed on the basis of attendance and participation in class and class discussions (10%), an essay to be handed in at the beginning of week 2 (40%) and a written final exam (50%)

Recommended reading: K. Lenaerts and P. Van Nuffel, European Union Law, Sweet & Maxwell, 3rd edition 2011.

This course, which looks at European integration from a legal perspective, is recommended for students with prior knowledge of the institutions of the European Union or who have taken Andrea Lenschow's course: The Institutional Framework of the European Union.

 

 

 

Traces of European History

Europe’s Way to the 21st Century

 

Europe of today cannot be understood without the history of the continent we meet in every important question of the present. Especially in the 20th century Europe has undergone a series of dramatic economic, political and cultural changes. The study of some of these developments will allow a deeper insight in the history of European countries and their feeling of identity. Specific problems of Europe and the world of today will be discussed within a historical perspective and in relation to the history and politics of the home countries/nations of the participating students.

 

The course will focus on Central Europe in a broad sense of the term and will cover the following topics:

• General introduction: What can history contribute to the understanding of the present situation in Europe?
• Survey of data on the European History from the late 19th century to the present. How the map of Europe has changed.
• Economic development in Europe since the Age of Industrialisation.
• Nationalism as a long term problem in Europe. National state versus European unification.
• Different ideologies which influenced and still influence European history (Marxism, Communism, Conservativism, Nationalism, Fascism).
• Changes in daily life (housing, food, beverages, sexuality).
• Technological and scientific progress and its price (ecological questions).
• European culture / cultures – one or many?
• Is there a European identity?

 

Requirements: Attendance and participation in class discussions constitute 20%, a short paper 30% and a written final (essay-type) 50% of the grade.

 

 

 

Law and Information Society in Europe

 

This course will focus on European and global trends in the legal regulation of information and communication. Specific attention will be attributed to access to information, copyright, identity management and privacy in a globalized information society. We will work on the relevant European directives and compare them with other legal, technical and social approaches.

 

Topics:

• Law as Code and Code as Law? The relations between technical, social, economical and legal forms of regulation
• Regulation of Information: The European approach
• Transparency, Privacy and Data Protection: outdated concepts in an information society?
• Identity, Authenticity and Security in a globalized network-environment

 

Recommended Reading: Lawrence Lessig, Code and other Laws of Cyberspace; additional texts and cases will be distributed throughout the course.

Requirements: Regular attendance and active participation in class discussions (40%) and an open-book essay exam (60%).

 

This course is made possible through the generous sponsorship of Brandl & Talos.

 

 

 

Docomentary Photography and its Representation of Multicultural Realities

 

Documentary photography tries to capture social and political realities and often prides itself on its unmediated and direct response to reality. Nevertheless, these photographic recordings  follow their own media rules and  have to fictionalize data in order to bestow them with meaning.

Important representatives of this genre have developed signature styles of formulating visual statements and of expressing their viewpoints.

In the course, students will be familiarized with different documentary approaches in the history of photography and recent photographic production. They are provided with reading material which reflects upon the documentarist´s claim to authenticity and the special blend of fact and fiction characteristic of any documentary narrative.

Through the presentation of famous documentary imagery and discussions addressing the ambiguities at the heart of this genre, students will get inspiration for their own photo project. For their projects, they are encouraged to bring their multicultural backgrounds into play and let these cultural differences inform their work. The question will be who responds in which way to the Strobl experience. The photo project will also entail a written component that provides the conceptual undertaking of the project and is designed to result in an exhibition.

 

No prior background in photography or cultural studies is necessary. Students with a strong interest in visuals, their aesthetic qualities, and their analytic appeal will find this course stimulating.

Requirements: Attendance and participation (20% of the grade), oral exam on theoretical input (40% of the grade), photo project with a written introduction (40% of the grade).

 

 

 

Principles of International Economics - A European Perspective

 

This course covers both the (microeconomic) trade and the (macroeconomic) monetary aspects of international economics with European applications.

In the first part we examine standard trade theories (Ricardo, Heckscher-Ohlin, Krugman) and explain the gains from trade, the distributional impact of trade (internationally and among groups within countries), and the pattern of trade. The arguments for free trade and for trade restrictions are evaluated and different trade policies are discussed. EU trade policy serves as an example. We also discuss the conflicts between trade creation and trade diversion. Finally, we look into the economics of the internal market of the EU and the economic consequences of migration and factor movements.

The second part opens with a discussion of balance of payments accounting and analyses the determination of exchange rates and the development of international financial markets. Stabilization policies and their impact on output, employment, and prices in different exchange rate regimes and in different macroeconomic models (Keynesian and Classical) are examined in the final part of the course.

In short workshop sessions students will be invited to answer various questions in short presentations.

 

Requirements: The final grade will primarily be based on a written examination (90%) at the end of the course. Participation in class and at least one presentation in the workshop (10%) are also required.