Introduction to American Law Theories of Rationality

In this seminar we will discuss different concepts and theories of rationality which are of fundamental importance for scientific deliberation in the fields of philosophy, economics, sociology and political theory. This includes the difference of theoretical and practical forms of rationality, the concepts of explanation and justification, and the rationality of emotions. Students will learn about and compare different concepts and theories of rationality from different scientific fields Faculty of Philosophy and Educational Research RUB main campus None Week1: Introduction Week2: followed by Week3 to the Final Week PD Dr. Christoph Bambauer 40 (Places for 3 guest students available) Master 2nd semester; Take place in summer semester Type of the course: Seminar Will be communicated to students at the first meeting. marcus.reinecke@rub.de / eelp@rub.de https://www.ruhr-uni-bochum.de/eelp/programm/dokumente.html.en

Law of the World Trade Organization

The World Trade Organization (WTO) serves as the only and the most important multilateral institution addressing the rules of trade between nations. In todays globalized world, as trade increases and regional market integration deepens, legal issues of international economic relations are becoming more and more complicated. The issues facing the WTO are widening and go beyond a purely trade dimension. It might reach cross-cutting issues on foreign investment,
environment, food safety, disease control, public moral, culture protection and human right. It is of immense importance for law students to have some broad understanding about WTO laws so as to know the essence of globalization and economic integration. The basic knowledge of WTO is also useful for understanding other fields of law, such as
intellectual property law, service related laws (financial regulations, telecommunication laws, among others), international health law, and public international law. This course will be conducted in English.

Main topic to be discussed:

1. The WTO: History and structure

2. WTO Dispute Settlement

3. Tariffs

4. Quantitative Restrictions

5. National Treatment

6. Most-Favored-Nation Treatment

7. Regional Trade Agreements

8. General Exceptions: GATT Article XX

9. Dumping and Antidumping

10. Subsidies and Countervailing Duties

11. Safeguards

12. Agreement on Sanitary and Phytosanitary Measures

13. Agreement on Technical Barriers to Trade

14. Trade in Services

15. Trade-Related Aspects of Intellectual Property Rights

The course is designed to cover the fundamental aspects of the WTO law so that participants will be equipped with basic WTO law knowledge and skills. College of Law Main Campus *Restrict to 3rd-year and above. Tsai-Yu Lin 50 Wednesday 3,4 LAW5139 2 Half Graduate Institute of Law http://www.law.ntu.edu.tw/main.php?site_id=1

Seminar : Selected Topics on International Trade Law (Ⅰ)

Part I The Setting

Chapter 1. What is Treaty Interpretation Anyway?

Chapter 2. Treaty Interpretation as Opposed to Statutory, Constitutional and Contractual Interpretations

Chapter 3. The VCLT as the First Round of Codification _ Its Customary Rules Nature

Chapter 4. The Desirability and Some Principles for a New Round of Codification

Part II Existing Issues to be Subject to Codified Rules

Chapter 5. Boundary of Treaty Interpretation and Possible Codification

Chapter 6. Difference between Treaty Interpretation and Treaty Application and Possible Codification

Chapter 7. Different between Treaty Interpretation and Finding/Assessment of Facts and Possible Codification

Chapter 8. International and Domestic Adjudicating Bodies for Treaty Interpretation and Possible Codification

Chapter 9. Interpreting Treaties of Private Law Nature and Possible Codification

Chapter 10. Methods of Searching for the Ordinary Meanings and Possible Codification

Chapter 11. Ways of Taking into Consideration the Object-and-Purpose and Possible Codification

Chapter 12. Means of Taking into Consideration the Context and Possible Codification

Chapter 13. Special Meaning, Supplementary Means and Different Languages and Their Possible Further Codification

Chapter 14. Other Interpretation Principles and Possible Codification

Chapter 15. Time Factor and Technology Development and Possible Codification

Chapter 16. Interpreting Treaty Terms by Establishing Some Formula and Possible Codification

Chapter 17. Sequence, Hierarchy, Good Faith and Holistic Interpretation and Their Possible Codification

Part III New Issues and Perspectives

Chapter 18. Introducing Fundamental Human Values into Treaty Interpretation and Possible Codification

Chapter 19. Coordination between Different Treaty Systems and Possible Codification

Chapter 20. Features and Perspectives of the New Codified Rules of Treaty Interpretation

College of Law Main Campus *Restrict to graduate students.
*Restrict to students of College of Law. Changfa Lo 35 Tuesday X,A LAW7145 2 Half Graduate Institute of Law
http://www.law.ntu.edu.tw/main.php?site_id=1

Seminar : Selected Topics on International Trade Law(Ⅱ)

Part I The Setting

Chapter 1. What is Treaty Interpretation Anyway?

Chapter 2. Treaty Interpretation as Opposed to Statutory, Constitutional and Contractual Interpretations

Chapter 3. The VCLT as the First Round of Codification _ Its Customary Rules Nature

Chapter 4. The Desirability and Some Principles for a New Round of Codification

Part II Existing Issues to be Subject to Codified Rules

Chapter 5. Boundary of Treaty Interpretation and Possible Codification

Chapter 6. Difference between Treaty Interpretation and Treaty Application and Possible Codification

Chapter 7. Different between Treaty Interpretation and Finding/Assessment of Facts and Possible Codification

Chapter 8. International and Domestic Adjudicating Bodies for Treaty Interpretation and Possible Codification

Chapter 9. Interpreting Treaties of Private Law Nature and Possible Codification

Chapter 10. Methods of Searching for the Ordinary Meanings and Possible Codification

Chapter 11. Ways of Taking into Consideration the Object-and-Purpose and Possible Codification

Chapter 12. Means of Taking into Consideration the Context and Possible Codification

Chapter 13. Special Meaning, Supplementary Means and Different Languages and Their Possible Further Codification

Chapter 14. Other Interpretation Principles and Possible Codification

Chapter 15. Time Factor and Technology Development and Possible Codification

Chapter 16. Interpreting Treaty Terms by Establishing Some Formula and Possible Codification

Chapter 17. Sequence, Hierarchy, Good Faith and Holistic Interpretation and Their Possible Codification

Part III New Issues and Perspectives

Chapter 18. Introducing Fundamental Human Values into Treaty Interpretation and Possible Codification

Chapter 19. Coordination between Different Treaty Systems and Possible Codification

Chapter 20. Features and Perspectives of the New Codified Rules of Treaty Interpretation

College of Law Main Campus *Prerequisite: Selected Topics on International Trade Law (Ⅲ)
*Restrict to graduate students.
*Restrict to students of College of Law.
Changfa Lo 35 Tuesday X,A LAW7146 2 Half Graduate Institute of Law http://www.law.ntu.edu.tw/main.php?site_id=1

Seminar : Selected Topics on International Trade Law (Ⅳ)

Part I The Setting

Chapter 1. What is Treaty Interpretation Anyway?

Chapter 2. Treaty Interpretation as Opposed to Statutory, Constitutional and Contractual Interpretations

Chapter 3. The VCLT as the First Round of Codification _ Its Customary Rules Nature

Chapter 4. The Desirability and Some Principles for a New Round of Codification

Part II Existing Issues to be Subject to Codified Rules

Chapter 5. Boundary of Treaty Interpretation and Possible Codification

Chapter 6. Difference between Treaty Interpretation and Treaty Application and Possible Codification

Chapter 7. Different between Treaty Interpretation and Finding/Assessment of Facts and Possible Codification

Chapter 8. International and Domestic Adjudicating Bodies for Treaty Interpretation and Possible Codification

Chapter 9. Interpreting Treaties of Private Law Nature and Possible Codification

Chapter 10. Methods of Searching for the Ordinary Meanings and Possible Codification

Chapter 11. Ways of Taking into Consideration the Object-and-Purpose and Possible Codification

Chapter 12. Means of Taking into Consideration the Context and Possible Codification

Chapter 13. Special Meaning, Supplementary Means and Different Languages and Their Possible Further Codification

Chapter 14. Other Interpretation Principles and Possible Codification

Chapter 15. Time Factor and Technology Development and Possible Codification

Chapter 16. Interpreting Treaty Terms by Establishing Some Formula and Possible Codification

Chapter 17. Sequence, Hierarchy, Good Faith and Holistic Interpretation and Their Possible Codification

Part III New Issues and Perspectives

Chapter 18. Introducing Fundamental Human Values into Treaty Interpretation and Possible Codification

Chapter 19. Coordination between Different Treaty Systems and Possible Codification

Chapter 20. Features and Perspectives of the New Codified Rules of Treaty Interpretation

College of Law Main Campus *Prerequisite: Selected Topics on International Trade Law(III)
*Restrict to graduate students.
*Restrict to students of College of Law.
Changfa Lo 35 Tuesday X,A LAW7148 2 Half Graduate Institute of Law http://www.law.ntu.edu.tw/main.php?site_id=1

Global Commercial Contract Law

This course provides an introduction to the global law relating to international commercial contracts. A major focus will be on contracts of sales, as codified by the Vienna Convention on the International Sale of Goods (CISG). However, some issues of the general law of contract will also be covered in detail (eg formation, interpretation, third party rights, the duty of good faith and fair dealing). The treatment of some of these topics will be based on an examination of the 2010 UNIDROIT Principles of International Commercial Contracts (PICC). The approach is comparative. Examples will be drawn from the decisions of national courts as well as arbitral awards. A student who has successfully completed this subject should:

_ be aware of the nature of transnational commercial law;

_ be aware of the specific legal problems that arise from international commercial transactions;

_ be familiar with the Vienna Convention on the International Sale of Goods (CISG);

_ be familiar with the 2010 UNIDROIT Principles of International Commercial Contracts (PICC).

College of Law Main Campus *Restrict to graduate students.
*Restrict to students of College of Law. Stefan Vogenauer 25 LAW7622 1 Half Graduate Institute of Law http://www.law.ntu.edu.tw/main.php?site_id=1

New Theories of Law. Between Sociology, Economy and International Relations

The contemporary legal theory has reacted to social, economic and political-international movements, through multiple transformations with regards to the theoretical field. Particularly, the general theory of law has faced the transformation of basic and standard categories within the legal system, experiencing the genesis of new forms and instruments of legal liability and sanctioning; new models of normative texture (that go beyond the hard and soft law opposition, to encompass models of mixt law), interpretation and enforcement. Alternative dispute resolution mechanisms have been developed, always with less attachment to state aims of retribution, than the restoration perspective, on the one hand; and always with the purpose to establish alternative instruments of accountability, more attached to the emerging mechanism of Smart Regulation, by another side. The Course is aimed at interdisciplinarity and will foster graduates and researchers to deal with new fields of legal knowledge. The course will be focused on the analysis of recent developments within the theory of law and the legal movements, situated on: (i) the theory of the legal system and its rules; (ii) the theoretical approaches related to deliberative procedures, theory of democracy, systems theory, critical legal studies, theory of legal field, and theories of economy and international relations aimed at law; (iii) the emerging mechanisms of legal regulation in areas of conflict and social tension inside the contemporary society (e.g. Environment and Human Rights); (iv) the convergences and strains between civil law and common law systems. Faculty of Law (FD) S?o Paulo, downtown campus 1. Risk society and Law – current stage of the debate; 2. Democracy and public governance; 3. Private governance and compliance; 4. Critical legal studies and its recent developments; 5. Economy, International Relations and Law; 5. Accountability and risk; 6. Alternative Dispute Resolution; 7. Impact Assessment; 8. Transnationalization and regulatory harmonization; 9. Hard law, soft law and mixt law; 10. New Schemes of Sanction and Accountability; 11. Smart Regulation; 12. Convergences and divergences in the civil law systems and common law systems; 13. Mechanisms of emerging legal regulation in conflict and social tension societies (Environment); 14. Mechanisms of emerging legal regulation in conflict and social tension societies (Human Rights) Rafael Diniz Pucci 35 DFD5922 8 Conceived in a fundamentally interdisciplinary theme, the Course is aimed at graduate students from all areas of legal knowledge. The evaluation will consist of: (a) participation in the activities (e.g. role play and case study); (b) seminars; (c) paper. http://www.law.usp.br/

Law of the World Trade Organization

The World Trade Organization (WTO) serves as the only and the most important multilateral institution addressing the rules of trade between nations. In todays globalized world, as trade increases and regional market integration deepens, legal issues of international economic relations are becoming more and more complicated. The issues facing the WTO are widening and go beyond a purely trade dimension. It might reach cross-cutting issues on foreign investment, environment, food safety, disease control, public moral, culture protection and human right. It is of immense importance for law students to have some broad understanding about WTO laws so as to know the essence of globalization and economic integration. The basic knowledge of WTO is also useful for understanding other fields of law, such as intellectual property law, service related laws (financial regulations, telecommunication laws, among others), international health law, and public international law. This course will be conducted in English. Main topic to be discussed: 1. The WTO: History and structure 2. WTO Dispute Settlement 3. Tariffs 4. Quantitative Restrictions 5. National Treatment 6. Most-Favored-Nation Treatment 7. Regional Trade Agreements 8. General Exceptions: GATT Article XX 9. Dumping and Antidumping 10. Subsidies and Countervailing Duties 11. Safeguards 12. Agreement on Sanitary and Phytosanitary Measures 13. Agreement on Technical Barriers to Trade 14. Trade in Services 15. Trade-Related Aspects of Intellectual Property Rights The course is designed to cover the fundamental aspects of the WTO law so that participants will be equipped with basic WTO law knowledge and skills. College of Law 1. Most class sessions will be conducted by lectures and discussions. 2. Attendance for all classes and active class participation is strongly encouraged. In no event, the participants should miss two or more classes without good reason. 4. The course evaluation will be based on class participation (including attendance) (50%) and the final term examination (50%). 5. The class schedule could be adjusted according to the actual number of students taking this class and the discussions in the class. 6. There will be (one or two) guest speakers to deliver speeches. TSAI-YU LIN Wednesday 34 LAW5139 2

Principles of English Civil Procedure & Evidence

If one views law and equity as the flesh and bones of the law, litigation funding would probably be the lifeblood that nourishes them. This stream of lifeblood has been running through the English system and those that are closely mirrored on it for centuries. Such systems have however constantly suffered from a condition known as the “English disease of costs”. The chief symptoms of this disease include costs being “unpredictable, disproportionate and unlimited.”1 These in turn lead to costs which act as a barrier to justice. It is not that English law failed to pay heed to the law of costs. Rather, all the time and effort spent on the law of costs has failed to cure the disease: it has in fact merely served as a constant reminder of the seriousness of the ailment. Public outcry against the obscene legal costs of this system has echoed from the early days of the common law to the present day. There have been no lack of reform attempts. In fact, if one cares to look through the pages of history, reforms and proposals promising to bring down the obscene costs in English law have come and gone. Some achieve minor victories, while the vast majority have, on the whole, been utter failures. Against this historical backdrop, with the coming into force of the relevant provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Jackson reforms are the latest contender in a thousand-year English war against costs. There are repercussions and recurring themes in the history of costs that we never seem to be able to break off from. The reform of the law of costs went around in cycles, and the Jackson reforms were no exception to this historical pattern. There is a need to look into the historical development of the law when engaging in the reform of procedural law. After all, “[w]hat has been will be again, what has been done will be done again; there is nothing new under the sun”,2 and this would be particularly true in the context of civil procedural reform. This article is thus an attempt to provide a brief historical account of the law of costs, and to draw parallels between the Jackson reforms and previous laws, in the hope that these would provide a better understanding of our current law. – To introduce students to fundamental principles of the English law of civil procedure and civil evidence, which would serve as a conceptual framework for the further study of common law subjects and comparative study. – To equip students with essential knowledge on civil litigation in England and other jurisdictions similar to it. – To engage students in debates on both perennial and recent topics and challenges faced by the English law of civil procedure & civil evidence. NB It must be noted that due to the categorisations under English law, administrative litigation procedure would fall within civil procedure and thus the syllabus would also cover it. College of Law WING WINKY SO LAW5355 1

Law and Economics in Civil Law countries with cases from German courts

Introduction to the law and economics of civil law with German landmark cases The course will provide a concise introduction to the law and economics of civil law. In an introductory part it will deal with the crucial role of law and institutions for the wealth of a nation. It will then proceed to the law and economics of contract law, tort law and property law, first presenting the economic analysis and then discuss hard cases decided by the German Supreme Court (Bundesgerichtshof). The cases will be based on a book jointly written with Hein Kotz, author of an acclaimed book on comparative law. Then questions of contract law including the good faith principle from an economic perspective and related cases will be discussed. We will also discuss the most important questions of tort law including its rationale, scope and weaknesses regarding the improvement of safety in a modern society. The part on property will concentrate on intellectual property and the tragedy of the anticommons as well as the law of taking and regulatory taking and related economic problems. Literature will be distributed to all participants. Knowledge of German Language is welcome but not necessary. The aim of the course is a better and more scientific understanding of socially desirable consequences of civil law rules . The course also shows which role law and economics can play within doctrinal reasoning in a civil law country like Germany. College of Law JOHANNES-BERNHARD SCHAFER LAW5358 1

Seminar on International Investment Law and Investment Arbitration

Over 3000 international investment agreements (IIA) currently operates through Bilateral investment treaties (BITs) and investment protection provisions of free trade agreements (FTAs). Investment agreements are concluded by the investors home country and the host country. Its aim is to protect the investor and investment made in the territory of the host country. By the nature of mixing public-private law, investment treaties usually have a wider implication for the domestic regulatory regime of host states. Notable examples include trade, tax, intellectual property, renewable energy, environment and public health policies. How to balance investor rights and the host states right to regulate in public mattes has thus become a topical issue in investment relations. On dispute settlement, foreign investor are given the direct rights to use international arbitration challenging the host states measures. The arbitral rules of the ICSID (International Centre for Settlement of Investment Disputes) and United Nations Commission International Trade Law Arbitration Rules (UNCITRAL) are the two rules which have been most commonly used. As practiced, the number of investor-State arbitrations has mushroomed as hundreds of millions of dollars have been awarded as compensation remedies. Investment arbitration usually affects a wider public interest of a host state and thus has invited hot debates within international economic community. Tentative topics to be discussed follow. (1) Overview of International Investment Law _ Proliferation in Asia (2) Definition on investors and investments (3) Non-discrimination treatment: National Treatment; Most Favoured Nation (4) Indirect expropriations and right to regulate (5) Fair and equitable treatment: the emerging proportionality principle? (6) Full protection and security/ umbrella clause (7) Cross-cutting Issues in Investment Law _ Asia Perspective on Sustainable Environment and Public Health (8) BIT dispute settlement in East Asia and the dispute settlement in the investment chapter of the Trans-Pacific Partnership (TPP) (9) Introduction to ICSID arbitral rules(I): ICSID Jurisdiction, applicable law and interim measure (10) Introduction to ICSID arbitral rules(II):Challenge and annulment procedures (11) Introduction to ICSID arbitral rules(II): Enforcement and sovereign immunity The course is designed to help students establish the basic capacity to deal with issues on foreign investment law. It will also help students have good basic knowledges of investment arbitration. College of Law 1. Class sessions will be conducted by lectures and class discussions. 2. Each student is required to write a term paper at the end of the semester. The topic of the term paper needs to be approved by the instructor. The 10-page full-paper should use blue book citation. 5. Attendance for all classes and active class participation is strongly encouraged. In no event, the participants should miss two classes without good reason. 6. The course evaluation will be based on class participation (including attendance and discussion) (50%) and term paper (50%). TSAI-YU LIN Tuesday 34 LAW5528 2