Courses 2015

Austrian Arbitration Academy

Unit 1 & Unit 2

The Austrian Arbitration Academy is a two-week intensive program within the Summer University for both regular students of the Summer University and participants who take part only in this special arbitration course.

It addresses the following groups of participants:

• Students and Law School Graduates interested in the world of international dispute resolution
• Young Practitioners looking for a comprehensive course giving them first-hand insights from the world of international arbitration

Professor Paul Oberhammer (Vienna/London/St. Gallen) acts as course director.

The classes will be taught by first class international arbitration practitioners from both the bar and academia including:

• Michelle Glassmann Bock, Counsel, Wilmer Cutler Pickering Hale and Dorr (USA)
• Christian Koller, Senior Lecturer, University of Vienna
• Christian W. Konrad, Partner, Konrad & Partners (Vienna)
• Helmut Ortner, Senior Associate, Wilmer Cutler Pickering Hale and Dorr (London)
• August Reinisch, full Professor, University of Vienna; Attorney at Law (New York)
• Stefan Riegler, Partner, Baker & McKenzie (Vienna)
• Maxi Scherer, Senior Lecturer, Queen Mary University of London; Special Counsel, Wilmer Cutler Pickering Hale and Dorr (London)
• Anna-Maria Tamminen, Senior Associate, Hannes Snellman (Finland)

 

The Austrian Arbitration Academy course takes place from July 19 to July 31, 2015 and consists of 60 contact hours. (Each contact hour consists of 50 minutes class time.)

Classes will be held Monday to Friday mornings with an introductory session on Sunday, July 19. In additional afternoon and evening workshops the participants will discuss salient issues of international arbitration with special guests from the international arbitration community.

On July 31 a written exam will take place. On the day before the exam, a special Q&A session will help the participants to prepare for the exam.

Successful participants will receive the University of Vienna Austrian Arbitration Academy diploma.

 

The classes will cover the following issues:

• Introduction to International Arbitration
• The Arbitration Clause
• The Arbitral Tribunal
• The Arbitral Proceedings
• The Arbitral Award
• The Challenge of the Award
• The Enforcement of the Award
• Introduction to Investment Arbitration

 

 

 

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), 19 countries of the European Union (as of January 1, 2015) have given up their national currencies and their monetary sovereignty and have created a common monetary area with a joint central banking system (Eurosystem) 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 centre 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 Eurosystem
• 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%), mid-term exam (40%) and final exam (40%).

 

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, open debates and a simulation exercise 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 insights picked from the field of environmental policy. In this part of the course we will conduct a simulation of EU decision making to experience from a practical perspective some of the complexities of finding policy solutions agreeable to all (or most) actors involved.

 

Requirements: Class participation (20%), participation in the simulation (30%) and a final exam (50%). The final exam will pose an essay question based on some “real” material from Brussels and give the opportunity for some free reflection (60 min).

It is recommended to take this course in conjunction with Prof. Schima’s course: European Union Law.

 

 

 

The Habsburg Monarchy 1815 - 1918

Powerful Empire or collapsing multi-national giant?

 

The Habsburg Monarchy – covering until 1918 a good part of Central, Eastern and South Eastern Europe – is an internationally extensively studied country which serves as a case study for many questions of nationalism, identity and power politics. The study of selected developments in the last century of the Habsburg monarchy will allow a deeper insight into the history of European politics leading to the First World War and its results with a large impact on the identity constructions of many European countries. Discussions about phenomena like Empire, multi-nationalism, national identity, minorities etc. between participants of different countries and cultures will allow comparisons and connect this class to problems of the present.

 

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

• The forming of the Habsburg Monarchy
• Territories and economic basis of the Habsburg Monarchy
• Discussion of the Empire-theories
• Was the Habsburg Monarchy a great Power?
• The Habsburg dynasty in the long 19th century (personalities, the court in Vienna, representation)
• Political participation in the Habsburg Monarchy during the long 19th century (constitution, party-system)
• Social problems in the Habsburg Monarchy during the long 19th century
• The nationality problem
• Aspects of culture of the Habsburg Monarchy

 

Requirements: Attendance and participation in class discussion constitute 20%, a short paper and the presentation of the paper 40% and a written final (essay-type) 40% of the grade.

 

 

 

European Diversity: Languages, Minorities, and Identities

 

Europe is defined by majority members, their languages and dominant cultures and identities. But the Union and its member states are just as much shaped by various small and big, overt and covert minorities. The course will focus on the many linguistic minorities and cover topics such as multilingualism, language policies, linguistic human rights and discrimination. (No special emphasis will be put on the issue of migration).

 

The approach in this course is shaped by an understanding that all the above mentioned topics are of academic relevance but are also personally meaningful in various ways for each one of us. Therefore, all lessons will tap into our personal resources as well as academic knowledge and are structured so that we can build both.

Students will get to know models and examples on the individual as well as institutional level and get acquainted with national as well as European situations and processes. They will acquire tools for linguistic analysis of political language and will build practical competence that is applicable in other micro or macro contexts.

 

Requirements: Attendance and performance in class (25%), homework-type assignments (25%), Quiz 1 (25%), Quiz 2 (25%).

 

 

 

Europan Private 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 given 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, good faith in contractual dealings and the role of fairness in 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. Special emphasis will be placed on the discussion of possible solutions, the analysis of court decisions and the evaluation of legislative choices.

Two guest lectures by former Advocate General of the European Court of Justice (ECJ) Prof. Verica Trstenjak will treat current issues of EU Private Law, outlining the pertinent legislation in the area of EU Consumer Protection Law and Copyrights, and presenting selected Case Law of the ECJ.

 

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

• Variations of a Theme: Transfer of Property in European Legal Systems
• Good Faith in European Contract Law
• Extra contractual Obligations: the Witty Genealogist’s Case

 

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

• Roman and Medieval Law: The Jurists´ Role in the Development of Law as a Science
• Differences in Style and Substance: Codification(s) of Private Law in Continental Europe
• Common Law and Civil Law: Judges as Law Makers
• The Scope of Information Duties in Civil Law and in Common Law

 

III. EU Private Law: Guest Lectures by Prof. Verica Trstenjak

• EU Legislation: EC-Directives in the Area of Consumer Protection and Copyrights
• The Impact of the ECJ on the Evolution of EU Private Law

 

Requirements: Regular attendance and active participation in class discussions (25%), an open-book essay exam (50%) and a quiz exam (25%).

 

 

 

International Refugee Law and Policy

 

This course explores international refugee law and policy in theory and practice. The course provides an introduction to the concepts and causes of refugee flows, the key features of international refugee law, its history, and explores the refugee situation and systems in a range of countries. Particular attention will be drawn to many case studies of contemporary refugee issues in Europe. The course introduces students to basic principles of international refugee law, examines international obligations under the Convention and Protocol relating to the Status of Refugees and outlines the present laws and policies in relation to asylum seekers.

The discussions, exercises and working-group sessions during the course invite students to critically reflect on the nature and objectives of international refugee law, and understand the rationale of international, regional, and domestic policies in this field. Moreover, the course seeks to improve communication, teamwork, argumentative, presentation, and research skills. The course enhances students’ abilities to research relevant material, critically analyze policy documents and legislation, case studies and scholarly writing, and elaborate practical recommendations for law reform and policy change.

 

Assessment: This course involves two assessment components. Both components must be attempted. Seminar exercises and participation constitute 40% and the group project with oral presenation constitutes 60% of the final grade.

 

 

 

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 as well as presentation (40%) and a final exam (60%).

 

 

 

European History between two Globalizations

(from the 1850s to the 1980s)

 

The main aim of the course is to compare ten formative developments in politics, society, economy and culture which have started between 1850 and 1870 with similar trends since the mid-1980s (the beginning of the “second globalization”).

World War I and World War II harmed international networks and transfers of the “first globalization” considerably. The geopolitical conflict between the two super power bloc systems of the USA and the Soviet Union perpetuated the nationalistic trends despite integration within the respective spheres of influence (as documented for example by the European Integration process).  This abrupt end of the first globalization is renegotiated since the 1980s with a large unexpected variety of continuities from the 19th century.

World War I and World War II, the Holocaust as well as the Cold War are the result of a longer development with a complex system of discontinuities and continuities as well as transformations. Like before 1900 the ongoing globalization is influenced by rapid technological developments with deep effects on economic, cultural and political transfers and transformations.

 

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

• Introduction to the history of Globalization(s)
• Art, culture and science from the first to the second modernity
• Migration history (including forced migration)
• Social structures of Europe
• The “long way” of Democracy and the impact of Fascism, National Socialism and Communism
• Europe as a battlefield and war machinery – including the colonial wars in the 19th and 20th century,  the two World Wars, and the wars in Yugoslavia
• Economic booms and disasters and the effects of cycles of economic crisis since the late 19th century
• The long story of terror (from anarchists to the effects of September 11th)
• The construction of national and European values and European hyphenated identity
• European historical narratives (the Holocaust; Europe as a peace project)

 

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

 

 

 

European Union Law

The Contribution of the Court of Justice of the EU

 

This course is designed to help students understand the system of judicial protection in European Union (EU) law and the importance of the contribution of the Court of Justice of the EU to the development of constitutional principles of the Union.

This course will:

• discuss the various judicial remedies in the EU legal order with particular emphasis on the infringement procedure and the preliminary reference procedure
• highlight how the Court of Justice in its case-law has contributed to making EU law effective for the benefit of the individual by developing the basic constitutional principles of direct effect and supremacy, governing the relationship between EU law and national legal orders, and the concept of Member State liability for violations of EU law
• examine the Court’s contribution to the protection of fundamental rights in the EU legal order
• study the impact of these principles by looking at concrete examples of substantive EU law (in particular the free movement of goods).

 

Requirements: Performance will be assessed on the basis of a short quiz (30% of the grade) at the end of the first week and a written final exam (60%). Class participation will be taken into account (10%).

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.

 

 

 

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.

 

 

 

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%), a role play taking different party positions and government negotiations into account (40%) and a written final exam (essay-type) (40%).

 

 

 

Priciples of European 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 two short written examinations (together 80%) at the end of each week. Participation in class and at least one presentation in the workshop (20%) are also required.