Courses 2018

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Austrian Arbitration Academy

Unit 1 & Unit 2

The Austrian Arbitration Academy is a two-week intensive program within the univie: summer school for International and European Studies for both regular students of the summer school 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 Glassman Bock, Counsel, Wilmer Cutler Pickering Hale and Dorr (Frankfurt/Washington DC)
• Christian Koller, Professor, University of Vienna
• Christian W. Konrad, Partner, Konrad & Partners (Vienna)
• Helmut Ortner, Counsel, Wilmer Cutler Pickering Hale and Dorr (London)
• Friederike Schäfer, Counsel, International Chamber of Commerce (Paris)
• Patricia Shaughnessy, Professor, Stockholm University
• Michael Waibel, Senior Lecturer, University of Cambridge

The Austrian Arbitration Academy program takes place from July 14 to July 28, 2018 and consists of 64 contact hours. (Each contact hour consists of 45 minutes class time.)

Classes will be held Monday to Friday mornings with an introductory session on Sunday, July 15. 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 27 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 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). On the one hand, the Euro – in form of notes and coins – provides a strong common European symbol. On the other hand, it is a powerful policy instrument.

The financial, economic and debt crisis that has shaken up euro area countries revealed at the same time the power of monetary policy. Starting in 2008 the Eurosystem has implemented a series of unconventional monetary policy measures ranging from negative policy rates to asset purchase programmes.

After having successfully completed the course, you will be able to answer the following questions:

• How did it all start?
• Is the European Monetary Union beneficial for all 19 countries forming it, or more so for some than for others, and why?
• What are the necessary preconditions to make membership in a monetary union a success for a country?
• How do negative policy interest rates work? Does really somebody receive interest for borrowing money?
• How does monetary policy influence my daily life?
• Will the enormous asset purchase programme which is run by the ECB create inflation or even hyperinflation?
• What are future challenges for the ECB and for central banks at large?

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

Contrasting Theory and Practice

The course will focus on the unique political system of the European Union (EU) within an ever changing world. Students will be introduced to the dynamics of the main institutions playing a role in the EU policy process and to some of the main decision-making procedures.

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

• The main sources of European Law (how is the EU regulated?) and their possible repercussions on the institutions.
• 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.

This section will conclude with a debate within small groups, where issues such as legitimacy of the institutions will be discussed.

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

• Some of the main decision making procedures with special focus on the ordinary legislative procedure (former co-decision)
• The role of actors such as NGOs and interest groups in the EU’s decision making process (under the umbrella topic of EU lobbying)

This part will close with a simulation on a Council Working Party where participants will “negotiate” on behalf of different member states. “Country-mandates” and instructions will be provided.

Requirements: Class participation including debate and simulation (40% of final grade) and an essay exam written in class (60% of final grade).

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

European History since 1815

Political, Economic, Social, and Cultural Trends

Europe changed in the last 200 years dramatically: borderlines moved, economy and society changed, there were breaks and continuations in the development of all countries. Without looking to the long history of the European continent one cannot understand Europe of today.

Many phenomena of the 19^th and 20^th century had a large impact on the identity constructions of European countries. Discussions about phenomena like former political structures, 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 attaches great importance to culture, as this topic is - talking about Europe - often neglected.

The course deals in a broad way with all European countries, but has a clear focus on Central Europe and will cover the following topics:

• What is Europe? Antique heritage, Christianity, Enlightenment
• European Countries 1815 – 1918 – 1945 – 1989
• Political systems in Europe including Fascism and Communism
• Demographic development – urbanization – migration – genocide
• Nationalism – national states versus multinational giants
• The East West conflict and the Iron Curtain
• The building of the European Union
• Economic development (industrialization, mechanization of agriculture, colonialism, globalization)
• Social changes (from a class society to modern society)
• Selected examples of cultural changes (e.g. The birth of modernity around 1900 scientific progress and ecological ideas, the impact of digitalization and modern media)

Requirements: Attendance and participation in class discussion constitute 30%, a short paper 30% and a written final (essay-type) 40% of the grade.

European 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 can't 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

• The various meanings of "European Private Law" and the Legal Traditions in Europe
• Variations of a Theme: Transfer of Property in European Legal Systems
• The Scope of Information Duties in Civil Law and in Common Law
• 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: The Role of Judges as Law Makers

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

• EU Legislation 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 evolution, foundations, and key features and of international refugee law, and explores the refugee situation and asylum systems in a range of countries. The course introduces students to 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 analyse policy documents and legislation, case studies and scholarly writing, and elaborate practical recommendations for law reform and policy change.

Assessment: seminar exercises and participation (30% of final grade), mid-course examination (20%), group project with oral presentation (50%).

European Identities - Aspects of European Visual Culture

The course will deal with images and visual culture phenomena specifically developed in and for the European context. It will familiarize students with a number of strategies and concepts for delivering messages that come in visual form. The corresponding visuals will be mostly drawn from the field of art, but also from popular culture and the media. While the aesthetic parameters of the presented visuals will be important, the main focus will be on the social practices reflected in these images. Priority will be given to visualizations that are daring, subversive, and play on common and already familiar pictorial codes.

Course objectives:

• To train and enhance students' visual literacy and turn them into critical readers of visual information, which is becomimg increasingly  important in today's communication
• To make them aware of the codes and genres on which most of today's visuals are based
• To familiarize them with some of the most influential European players in the field of photography and art

Specific course topics:

• Staged and digitally enhanced photography and the realities these photos create
• Visual concepts of commemoration and of dealing with the past
• Visuals and gender codes / picturing femininity and masculinity
• Artistic interventions and subversive re-definitions of public space
• Visual narratives and their parameters
• Bodies, sculptures, 3-D hybrids as carriers of meaning
• The design of social activities and engagement

For this course, no specific prior background in art or visual culture is needed. Students with a strong interest in visuals, their aesthetic qualities, and their analytic appeal will find this course stimulating.

Requirements: Attendance and active participation (30% of the grade), final exam on the course material (40%), project (30%).

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 are required.

The following topics will be covered:

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 (2^nd ed., 2012).

Requirements: Regular attendance and participation in class discussion as well as presentation (40%) and a final 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%), a role play taking different party positions and government negotiations into account (40%) and a written final exam (40%).

European Union Law

The Court of Justice of the EU and the Internal Market

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 the Internal Market.

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;
• explain the concept of an internal market;
• explore how the Court of Justice in its case-law has contributed to making the free movement of goods, persons, services and capitals operational, and
• look at the interplay between the Court's case-law and secondary Union legislation establishing the Internal Market.

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 regulations, directives and case law and will 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.

Crisis and Transformation: European Visions of Change

In an age of globalization, rising inequality, and mass migration, Europe is undergoing a range of political, economic, social and cultural transformations. In navigating these changes, public discourse is frequently dominated by a rhetoric of imminent disaster, destruction and apocalyptic thinking.

This course attempts to provide nuanced answers to the "current age of crisis" as exemplified by global migration flows caused by civil wars and famine, European right wing parties gaining substantial ground, and political populism on the rise in the European Union and beyond. In the history of Western civilization, destruction and liberation have been inextricably entwined: Just like the horrors of war, extremism and large-scale devastation brought about by the Second World War eventually sparked the idea for the European Union, such a biblical structure of punishment and redemption may suggest that the ‘Old World’ will eventually make room for a new Europe of solidarity, humanity and integration. Narratives of crisis can thus serve as viable vehicles for envisioning a brighter future — a future beyond the manifold challenges of the present. While economic, social, political and ecological crises may threaten the European Project, they simultaneously announce the possibility of change and the dawning of a new beginning. Hence, the course will place special emphasis on the creative potential for change in the cultural, political, and social realities of Europe in the 21st century.

Students will be introduced to current narratives of European crisis in media, society, literature, film, and popular culture. We will explore how these representations may propel affirmative visions of European change. Students will learn about the historical and cultural contexts as well as the academic debates and discourses relevant to the conceptualization of crisis narratives defining contemporary European situations.

The following thematic clusters will be addressed:

• Ecological crisis
• Financial and economic crisis
• Migration and refugee crisis
• Crisis of solidarity and morality
• Digitalization and Big Data Crisis

Students will learn to critically examine crisis narratives from different theoretical perspectives, develop and present research projects in groups, and critically discuss current representations of the European Project.

Requirements: Regular attendance and active participation in class discussions (40%), a group presentation (30%) and a written portfolio (30%).

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 are examined in the final part of the course.

In short workshop sessions students will be invited to answer questions and discuss various economic problems 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.

Contemporary European History

The Rise and the Crises of the European Union

In order to understand the decision making of the European Union it is necessary to analyze the origins of European integration after World War II within the geopolitical framework of the Cold War. Both the Council of Europe and the European Coal and Steel Community, are framed by this East-West confrontation and the possibility of all –out-Atomic Warfare in Europe in the 1950s. This is also the context of the foundation of the European Economic Community (EEC) in Rome in 1957. Still the US plays a major role as a hidden hand mediator helping to overcome the still strong resentments between France and Western Germany, as well as individual European decision makers like Jean Monnet, Robert Schuman, Konrad Adenauer and others.

After the Brexit and the UK preparing for leaving the European Community as well as because of the diffusion of political unity after several enlargement steps after 1995 the EU today is facing a major crisis. But already in the 1960s – a few years after the establishment of the EEC – the French president Charles De Gaulle blocked the decision making and hindered an integration of Great Britain – which, however was just postponed until 1973.

In 2018 we feel the deep effects of the economic, social and cultural as well as political globalization since the mid-1980s, which were already analyzed in the European Community under Jacques Delors, President of the European Commission 1985-1995. The EU seemed to fall behind Asia and the US in economic terms when Delors convinced the EU member states to move towards a strong and tight political, economic and military union. The unexpected end of the Cold War and the mostly peaceful political transformations in the former Communist countries reduced this strategy to the economic union and a common currency.

The enlargement policy from 15 member states in 1995 to 28 and the negative effects of the world financial and economic crisis since 2008 as well as the recent migration and refugee flows pushes the EU into an unknown direction and forces the necessity of reform. By analyzing the soft but very important emotional basis of European-ness like identity, value systems and culture after 1945 as well as the integrative impacts of institutions like the European Court of  Justice and the European Court for Human Rights the inner history and options for the future of the EU will be presented and debated.

Requirements: 20% participation in class room discussions, 40% oral presentation of a short paper (3-4 pages) and 40% a final essay written in class.