The course is intended to familiarize students with company law from a comparative and international perspective. The approach will be based on the perspective of the company in a global and international environment, with a special focus on European law. The course will be divided in 5 parts :
(1) For each kind of activity a different company ?,
(2) How to set up a company,
(3) Corporate governance,
(4) The company in its international environment and
(5) Insolvency of companies.
The aim is to provide students also a practical approach.
Students will receive in advance materials to read in relation to each part. After a short presentation by the professor, the materials will then be analysed, compared and discussed. The course is largely based on interactive discussions.
During the course, we shall be focusing on the institutional development of private international law in the European Union, its role in the internal market and some of the instruments which have been adopted since the Community first acquired specific power in this field thanks to the Amsterdam Treaty.
The course will be taught in English and students should have a sufficiently good grasp of the language to be able to follow the lectures, participate actively in discussion and sit a written examination.
The course aims at providing students with tools enabling them to understand and address tort law issues in a comparative perspective, in the light of traditional doctrine, recent developments, and ongoing evolutions. Much reference is made to European and non-European harmonization projects.
Part 1 of the course addresses general aspects of tort law: functions of tort law (compensation, loss-shifting, deterrence, and prevention), compensation and prevention of hypothetical damage and connection with the precautionary principle, scope of tort law including borderline issues with contract and unjustified enrichment, organization of tort law (Anglo-American, French, and German approaches; shifts in categories), and loss of a chance and proportional liability.
Part 2 visits some cutting edge issues, such as protection of personality rights and privacy, product liability, and compensation of disaster victims.
Part 3 is an attempt to identify suitable models for the harmonization of tort law, and liability for climate change. Students will be asked to read theoretical and comparative texts as well as cases or excerpts of cases decided in various jurisdictions. On each topic, a leading hypothetical case will help identify the issues and possible solutions, and discussions will be conducted in an interactive manner.
This course is a presentation of e-commerce law from a multidisciplinary and transnational perspective.
Therefore, legal issues at an international level will be addressed, such as consumer contracts, data fraud, IP infringements, privacy and personal data.
Students will learn about the issues and legal solutions, especially for dealing with legal opinions and pleadings. The main objective of this course is to teach students the specific legal terminology and the systems of e-commerce regulation. This course will focus on the structures of e-commerce law, given that it is impossible in 20 hours to learn all the details of this complex, ever-changing and multidisciplinary field. Therefore, the overall objective is to enhance legal culture of students in this particular field.
This course is aimed at students with an interest in legal developments in the field of environmental law, climate change policy and energy. No prior knowledge of environmental law is required.
International regulators and global industry is attributing increasing importance to the protection of the environment and this value shift is materialised heavily, amongst others in the energy sector, leading to the development of energy law as an important sub-discipline of environmental law. This course will introduce students to all key areas of international and EU environmental law by tracing legal developments surrounding the use and environmental impact of fossil fuels and nuclear power through to the growth of green n. The course will provide students with a basic understanding of international and EU environmental law, the EU energy industry and regulatory regimes and will give an insight into the practicalities of legal work in the energy sector.
Competition law pervades every aspect of business dealing. Therefore this course aims at providing students with an advanced knowledge of European competition law. In particular, it focuses on the relevant Treaty provisions, numerous Community legislation on the issue, case law of the European Court of Justice and international agreements.
After an introduction considering European competition law institutional and normative aspects, the course examines agreements and other concerted actions that are restrictive of competition, abuse of a dominant position, essential facilities, merger and joint venture control as well as state aids and public undertakings with special or exclusive rights. Special emphasis will be put on the application and the procedural aspects of EC competition regulation.
Then, the course focuses on the particular issue of the application of competition rules and policy to international operations: through unilateralism, bilateralism, and multilateralism. The purpose of this latter part is to consider jurisdictional issues resulting from the implementation of regional or domestic competition rules to international operations and anticompetitive behaviours. More specifically, this part will examine and highlight the following topics: extraterritoriality, effects doctrine, international cartels, leniency policy, relevant market concept, national champion theory, bilateral agreements on the application of competition law, and the two generations of cooperation agreements, and international instruments dealing with competition rules and policy (International Competition Network (ICN), and the postponed calendar for a multilateral –or rather plurilateral– agreement within the WTO framework).
Contrasts between E.U. Competition rules and U.S. Antitrust Law will be drawn. Competition cases having an international dimension will illustrate the discussion: the Boeing/Mc Donnell Douglas merger, the Vitamins Cartel case, the European Microsoft decision… The reason why some knowledge of, or interest in, Antitrust Law, Public International Law, International Trade Law or EU Law would be useful.
This course will give students the following
- An advanced knowledge of European Competition law.
- The ability to undertake independent reading and research on the subject, using both traditional and internet resources, as well as dedicated databases.
- The ability to apply this knowledge to real competition law cases.
- The ability to determine the applicable competition law (national, european, international) in each particular case.
Course description and objectives
This course will study the institutions of the European Union under a dynamic and comparative angle. In fact while EU institutions may seem static as a concept, they are the living constitutional structure of what is neither an international organization neither a State.
Students will learn to decipher the institutional provisions of the EU Treaties, the role and competences of each institution while understanding the interplays between them.
Parallels between the functioning of the EU, the United States of America and EU Member States will be drawn to better grasp the similarities and differences that form the specific legal characteristics of the EU.
Student active participation is expected and encouraged, by asking questions throughout the class, as well as interdisciplinary approaches and examples.
This course introduces students to the legal framework existing at E.U. and international level in the area of banking and financial services (Treaty, Community legislation and case law of the European Court of Justice). It will also analyze how the different general principles of E.U. law apply to this specific sector (Competition Law, Consumer Protection etc.)
Moreover, practical information will be provided on the legislative process and the different actors/stakeholders involved in this highly technical sector.
This course aims to provide students with advanced knowledge on banking law in the E.U. and in the international sphere especially those willing to pursue a career as legal advisors, consultants for financial institutions or lobbyists.
International commercial arbitration is believed to be the most popular alternative dispute mechanism outside national courts to settle disputes arising from international commercial transactions. The purpose of this course is to introduce students to the operation of arbitration, the relationship between arbitration and national courts and issues arising from various aspects of international commercial arbitration. The course has a comparative approach between national legal systems (with some emphasis on English law), international treaties, and international/transnational Model laws.
The course is focused on the rapidly developing field of investment treaty based arbitration. Those treaties lay down substantial and procedural rules to protect the investment made by a national of one country in another country. The course will be dedicated to the understanding of the core elements on which rests the international protection of foreign investments implemented by investment tribunals. The approach will be based primarily on a case study and on the reading of a number of international awards.
International Dispute Resolution raises a series of difficult questions. Which domestic judge is to exercise adjudicatory authority over the litigation? Which domestic law should be selected to govern the case? How should international conflicts of litigations be addressed? Those questions are time and money consuming and one shouldn’t engage in international litigation without a sound strategy and a deep knowledge of the different systems potentially in charge with providing an answer. This course will focus on business activities and mainly deal with jurisdiction in matters relating to contract (including consumer contracts, contracts of employment, and insurance contracts), tort, property, patents, company, insolvency, etc. The European model (Regulation (Eu) No 1215/2012 of The European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast); Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings; Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims; etc.) will be used to illustrate theoretical and practical difficulties regarding jurisdiction in an international context. But it will not be forgotten, on the one hand, that this model is only regional, competed by international treaties (such as the Hague Convention (30 June 2005) on Choice of Court Agreements), and on the other hand, that it is still incomplete, leaving room for domestic private international law to apply on many occasions.
Provide the students with the means to foresee international litigations difficulties, and make accurate and strategic choices, as a plaintiff’s or as a defendant’s counsel. This objective requires addressing different questions in a methodological manner.
This distinctive dynamic, which the lawyer must be conscious of when passing from one context – national, international or European – to another, has an influence over the law, its uses and, sometimes, its content.
This lecture proposes to make explicit, through a range of situations and concrete examples, the analysis the lawyer engages in every time he is confronted by situations in which several intellectual property laws formulated in a national (French or foreign), international (WTO, WIPO) or European (EU) environment may be applied together to a given case.
Several tools of a pluralistic application of the law are used in this operation. They are organised according to a basic three-step approach, consisting of the comparison (Part 1), then the combination (Part 2) and, finally, the hierarchization (Part 3) by the lawyer of the methods and solutions of national, international and European law that he is to use to solve his case.
In contemporary world no business lawyer can ignore tax consequences of his or her acts. In real life, the appropriateness of any conclusion of contract, any company restructuring or any other business action must be tested against tax considerations. This is particularly true in a cross-border context where tax jurisdictions overlap, causing additional burdens but also creating new opportunities.
This course is aimed at providing the students with a working knowledge of fundamental concepts of international tax law, with particular focus on international taxation of income.
Special attention will be given to the OECD Model Tax Treaty as well as, primarily, to French and US domestic rules pertaining to cross-border taxation of income.
In particular, students will be expected to understand the operation of the provisions of the OECD Model Tax Treaty.
The course aims to discuss hot topics of copyright law in the digital age from a comparative perspective. Students will get familiarized with the legal treatment of the covered topics in the United States, and under the law of the European Union.
The module starts with a theoretical introduction, where the effects of technological innovation and social needs upon the development of copyright protection are highlighted. Likewise, comparative and digital basics of copyright law will be introduced. The course uses the example of limitations and exceptions to stress how significant differences exist between the Anglo-Saxon “copyright” and the Continental European “Urheberrecht” and “droit d’auteur” systems.
The module continues with the analysis of the several digital copyright issues. The first is related to the doctrine of exhaustion (first sale doctrine in the U.S. copyright law). Under this concept the lawful acquirer (purchaser) of a lawfully sold work (or a copy thereof) shall have the right to dispose of the property of the said work without any permission of the rightholder. This concept will be discussed from a digital copyright perspective as well.
The course includes a session on musical sampling, which is about the use of pre-existing copyrighted sound recordings (and musical compositions) in new sound recordings. The case law of the United States and the Continental European countries show a significant difference with respect to this topic.
The United States and the EU Member States treat the legal problems related to P2P file-sharing differently. There isn’t any similar concept like the U.S. contributory and vicarious liability in the European countries, where – on the other hand – the public law and technological control turned out to be the most effective tool to settle disputes related to file-sharing.
Finally, the interplay of electronic commerce rules and copyright law will be address. As a part thereof the liability for offering e-commerce services, such as linking, hosting (including cyberlockers) or streaming will be discussed. The course introduces the partially different treatment of “safe harbour” provisions of electronic commerce service operators.
The main objective of this course is to provide the students a practice-oriented, analytical aspect on some hot topics of the current (digital) copyright law regimes. The comparative legal aspect allows the students to understand the major differences between the common law and the continental legal systems to be able to study or criticize the different legal solutions. This approach will help the students to use European, American and international copyright law rules in their future career at law firms or at courts, and to undertake independent research on the subject, using both traditional and internet resources.
The protection of cultural property under international law is an evolving field that has garnered the attention of scholars, practitioners and the public. Prominent examples of cases where cultural property was destroyed, damaged, or threatened include the attack against the Old City of Dubrovnik in Croatia; the destruction of the Bamiyan Buddhas in Afghanistan; and the lootings of artifacts in Iraq.
The field of study encompasses a myriad of contemporary questions such as conundrums related to the doctrines of state sovereignty, military necessity, and economic development. It also cuts across a number of disciplines within international law and enables the students to follow the developments of modern international law, analyze its shortcomings, and delve into the latest jurisprudence of international tribunals.
- To provide students with an overview of the field of protection of cultural property during armed conflicts and in peacetime and an in-depth understanding of some of the primary challenges found in this field.
- To strengthen student’s knowledge of public international law.
This course provides an overview of the law of the World Trade Organization (WTO). The emphasis will be put on the dispute settlement system and the “quasi-judicial” function of WTO. Policy considerations will also be highlighted to the extent that they underpin the WTO positive law and its evolution.
At the end of the course, the participants should:
1. be sensitized to the various functions fulfilled by WTO institutions and the role they play in globalization and development processes;
2. understand the legal principles and concepts around which WTO substantive law is organized;
3. be acquainted with the mechanics of WTO dispute settlement as well as the dynamics of the multilateral trade negotiations;
4. through case studies and practical exercises, be able to apply the WTO Agreements and understand how they operate;
5. have the capacity to undertake independent reading and research on the subject, using both traditional and internet resources.
6.have the capacity to develop a reasoned, critical thought on WTO law and institutions.
The aims of the course are to:
- Give the students an understanding of European Union law and its trade policy within the broader international framework, focusing notably on internal market issues.
- Enable students to analyse and discuss contemporary issues of EU law.
- Provide students with an historical overview of the evolution of the internal market mechanisms.
- Learning objectives
By the end of the course students should demonstrate:
- An ability to define the key concepts of EU law: positive and negative integration, harmonisation, quantitative restrictions and measures having an equivalent effect, principle of non-discrimination, public policy justifications, proportionality principle, intra-Community trade, etc.;
- Knowledge of the key principles underpinning the EU internal market and its freedoms;
- Knowledge of the rules regulating free movement contained in the Treaty of Rome and subsequent secondary legislation including the rules relating to the free movement of persons;
- A basic knowledge of the ECJ judgments interpreting the rules governing the four freedoms;
- An ability to apply their knowledge to hypothetical problems in internal market law;
- An ability to define and explain problems which have arisen in the course of the evolution of the four freedoms polices regimes.