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

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

Harmonization of Private Law in the European Union

The course deals with the process of harmonization of private law and private international law in the European Union. The course will start approaching in depth the existing system of dispute resolution in the EU both State courts and ADR -mainly arbitration and mediation- and its interpretation by the European Union Court of Justice. The course will also deal with the harmonized choice of law rules developed by the EU in several fields -we will mainly focuss on contracts, torts, marital crisis and maintenance- as well as to the attempts to draft a substantive set of rules -the proposed common European sales law-. The course will end up approaching the enforcement stage: the system developed by the EU to ensure that judgments and orders rendered by European Courts can circulate along the Union. The course will provide students with a general approach to the current process of harmonization of Private Law and Private International Law in the European Union. Questions of Choice of Laws, International Jurisdiction and Recognition of Foreign Judgments will be studied and comparted with the existing situation in Taiwan. College of Law CARLOS ESPLUGUES LAW5352 1

White Collar Crime

This course is a comprehensive examination of the nature, extent and consequences of white-collar crime with emphasis on the law and social control from the criminal justice perspective. At the completion of this course, students will be able to: 1. Communicate about the nature and extent of different types of white-collar crime. 2. Evaluate the consequences of white-collar crime in a contemporary society. 3. Discuss the responses to white-collar crime from the criminal justice perspective. Date Content Remarks 12/19 Unit 1: Discovery and Study of White Collar Crime 12/20 Unit 2: Corporate Crime 12/21 Unit 3: Occupational Crime and Avocational Crime 12/22 Unit 4: Governmental Crime 12/23 Unit 5: State-Corporate Crime and Finance Crime 12/26 Unit 6: Enterprise Crime and Technocrime 12/27 Unit 7: Law and the Social Control of White Collar Crime 12/28 Unit 8: Policing and Regulating White Collar Crime 12/29 Unit 9: Prosecuting and Responding to White Collar Crime Book Report due Communicate about the nature and extent of different types of white-collar crime. Evaluate the consequences of white-collar crime in a contemporary society. Discuss the responses to white-collar crime from the criminal justice perspective. College of Law HSIAO-MING WANG LAW5353 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

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

Causality in Law

(待補) College of Law LAW5142 1

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

Introduction of Civil Justice System in Japan

This course, taught mainly in English, introduces ? the overview of the judicial system in Japan (legal history, democracy, rule of law, procedural human rights, fairness, procedural principles, judicial power in the state, supreme court, high courts, district courts, family courts, summary courts, ? the civil procedural law (types of civil suits, procedure for civil suits, Court costs, burden, and grace of payment and ? the civil conciliation in Japan ? judicial training system, Judge, notary, barrister, solicitor, court clerk etc. Students will gain an understanding of the judicial system in Japan, especially a japanese way how to resolve the civil litigation matter in morden industrialized society. Students will also gain practical experience through in-class discussing with lecturer about legal topics in Japan. College of Law MASAHISA DEGUCHI LAW5351 1

International Disability Rights Law

This is an academically-focused course designed to increase students’ understanding of international law related to disability from a human-rights-based perspective. The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) will play a central role in study throughout the semester. Two important aspects of this course will be to 1) Provide students with a multifaceted comprehension of disability rights theory and its implications for modern society in the fields of education, employment, government participation, etc. 2) Encourage students to more broadly consider how disability and “mainstream” society are interlinked and cannot be compartmentalized, especially given the rapidly-evolving technological advancement of the modern world. This course and its accompanying exams will be designed not to test students’ ability to memorize provisions of various international disability rights laws, but rather to challenge students to think deeply about barriers that exist in society in relation to persons with disabilities and think about issues related to disability from different perspectives, as well as offer creative solutions to difficult problems faced by those who support disability rights within society. The teaching style of the course will: A) Be student-centered, B) Comprehensive, and C) Consider why and how, not only what the law is. Throughout the semester, students will be called upon to actively participate in in-class discussion, do numerous short writing assignments, give their own ideas, and consider international perspectives. 5 Topics of Course Content: 1) Introduction to Disability Rights Movement and UN CRPD 2) Employment and Education 3) International Disability Rights 4) Participation in society, government, and culture 5) Disability rights as human rights, new tech and the future Two main goals: 1) Help students understand the role of law and social movements in eliminating barriers and protecting full and equal rights for persons with disabilities. 2) Ensure students’ ability to research and discuss these topics successfully in English. College of Law Main Campus Proficient English, law major and some comparative law experience preferred but not required Charles Wharton 35 Tuesday 6,7 LAW5248 (A21EU5110) 2 *Registration eligibility: juniors and above.
(College of Law) Graduate Institute of Law,
(College of Law) Department of Law http://www.law.ntu.edu.tw/main.php?site_id=1

Philosophical Foundations of Contract Law

This course invites students to think, discuss and have fun. It should enable students to: Know something of and think critically about the main theories explaining the major features of contract law; Consider how these theories deal with some foundational anchors such as ‘autonomy’, ‘freedom of contract’, ‘the intention of the parties’, ‘vitiation’ and ‘expectation interest’; Consider the extent to which these theories ‘fit’ with the common law; Consider the appropriate role of the state in regulating the activity of contracting, eg consumer protection, contracts to sell body organs etc; Consider how contract law both mirrors and shapes society’s conception of human interaction and human good; and Be able to engage in normative analysis of the law (how the law should be) with a view to desirable law reform College of Law Main Campus Mindy Chen-Wishart 50 Intensive courses LAW5258 (A21EU5120) 1 (College of Law) Graduate Institute of Law,
(College of Law) Department of Law http://www.law.ntu.edu.tw/main.php?site_id=1

The United States and International Law

This course is concerned with the United States and its relationship with the international legal system. This includes a discussion of the domestic U.S. laws that affect and incorporate international law including the U.S. power to make international agreements, the role of U.S. courts in the interpretation of international law, and the use of military force. It also includes a review of U.S. foreign policy case studies that reveal the U.S. government’s particular approach to interpreting and applying international law. These case studies will include: the use of military force; the settlement of disputes using third-party judicial bodies; and the law of the sea. Where appropriate, the course will discuss how these United States views of international law differ from that of China or Taiwan. TA :仲民(Nolan Wu) E-mail :r04a41019@ntu.edu.tw To introduce different aspects of the U.S. government’s treatment and use of international law in its legal system and in its foreign policy. College of Law Main Campus Julian Gei-Lun Ku 30 Intensive courses LAW7607 (A21EM3150) 1 (College of Law) Graduate Institute of Law http://www.law.ntu.edu.tw/main.php?site_id=1