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This course introduces the Swiss legal order and the various branches of law. It covers the basic concerns and terminology of lawyers; basic knowledge of contract law; how to read and understand legal provisions, in particular the Code of obligations; and how to identify legal problems in a case study and to develop the reasoning of such problems.
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This course explores the causes of the paradigm shift in the relations between human and non-human beings. It focuses on moral and political theories and on their implementation in the law of the European Union and European member states. Legislation and case law are critically assessed in light of the relevant international rules. Particular attention is paid to the protection of endangered species; the legal regulation of the breeding and slaughter for consumption of non-human beings; the abusive practices of bio-medical research, cosmetic testing, sports and entertainment; the treatment of pets; and the deliberate extinction of undesirable non-human beings. The course discusses the contribution of the activist movements to the prohibition of cruel traditions (foie gras, corrida, fur industry, cosmetics). It focuses on the recent approaches towards a “global animal law” as a matter of global justice and on the project “1 HEALTH”. Lastly, the course offers an overview of the relations between human and non-human beings in art history, of the animals’ symbolism, and of the transition “from aesthetics to ethics."
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International economic law is a branch of international law governing a number of economic phenomena, such as international trade and investment. The course focuses on the study of intergovernmental institutional frameworks covering the circulation of goods, services, capital, and labor. It discusses institutions such as the World Trade Organization, the International Center for Settlement of Investment Disputes, and the Bretton Woods institutions. Furthermore, it introduces normative instruments such as the WTO Multilateral Trade Agreements (GATT, GATS, and TRIPS) and the EU-Mercosur Trade Agreement negotiations. The course also explores the international regulation of capital and labor, as well as introduces the private governance of international economic relations.
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Why is it so difficult for the international community to agree on the governance of shared global domains? Why do efforts to address climate change constantly fall short? And why do Global Commons provide States with an opportunity to exploit finite resources, but impose few obligations to clean up the mess? The answers to some of those questions lie in the international frameworks established since WWII to govern "Global Commons" including Antarctica, Outer Space, the Deep Sea Bed, the High Seas, and the atmosphere, which provide freedom of access and use to all States, but few mechanisms for precaution and sustainability. These global commons are protected from claims of national sovereignty, and generally prohibit use of nuclear weapons in these spaces, serving a critical role in disarmament. This course examines contemporary issues in these five Global Commons at the intersection of international law, science, mining, telecommunications, security, and defense. Students learn how to navigate and apply the treaties governing each of the domains to contemporary issues while considering economic and political theory, such as Hardin's "Tragedy of the Commons," intergenerational equity and sustainability. By studying the governance of all five domains in the one semester, students gain high-level insight into what governance models work best and where regulatory gaps remain. Solutions are to be found in some domains that might be applied to others. Students have the opportunity to research one specific domain of their choosing for their written paper, and propose new regulation and policy in order to address international challenges. This equips students with the ability to advocate for change and support the global community in realizing the benefits of shared international spaces. Students develop an understanding of: the geopolitical history of the Antarctic Treaty (1959), the Outer Space Treaty (1967), the Sea Bed Treaty (1971) aka the Sea Bed Arms Control Treaty, the High Seas Treaty (2023) aka The Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), and the UN Framework Convention on Climate Change (FCCC); the international framework governing activities in each of these five Global Commons; the application of ethics and theory to the governance of Global Commons; the application of principles in the relevant treaties to real-life case studies; the political forces shaping EU and international policy in these domains; the risk to global peace and security from arms races and over exploitation in these domains.
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Why study criminology? It deals with one of the major social issues of our time- crime and punishment. The study of criminology introduces students to some key elements and thinkers of the Western intellectual tradition. Philosophers and sociologists have informed the development of various theories on criminology and why people commit crime. Familiarity with such theories and thinkers is an important part of one’s general legal education. The materials for the course are sociological in nature. There are no cases or statutes to be studied or analyzed. However, the criminological theories examined are related back to the Irish criminal justice system to determine the relevance of these theories to crime in Ireland.
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This course explores and discusses the general principles and the key instruments of international intellectual property law. It also discusses the challenges of solving international intellectual property disputes before state courts or other dispute settlement bodies (including arbitration and alternative dispute resolution systems). It offers an opportunity to analyze substantive intellectual property law issues, procedural law and enforcement issues (including conflict of laws in intellectual property disputes) from a comparative perspective in the light of international legal instruments (specifically WIPO and WTO materials) and of case law coming from various legal systems (particularly North America, Europe, and Asia). The course is open to students who have basic knowledge of intellectual property law and is designed for advanced law students.
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This course examines the history and foundational institutions and principles that underpin the Australian legal system. It covers current legal issues in Australia, and explores these in critical and comparative perspectives.
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This course considers both the theoretical and practical questions which arise in this evolving area of the law. Initially, the course examines the role of the media in a constitutional democracy. The constitutional protection of the media in Ireland is compared with similar regimes in other jurisdictions with particular emphasis on the jurisprudence of the European Convention of Human Rights. The course addresses a number of specific areas of media law. Lectures deal with topics such as privacy, contempt of court, the protection of journalistic sources, obscenity, blasphemy, and the regulatory regimes in Ireland and in the EU. Throughout the course, lectures explore the issues raised by the rise of new media forms like the internet.
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This course examines the legal framework and regulatory systems which underlie all business activity and the legal implications of commercial conduct. It covers the Australian legal system and key areas of substantive business law including contracts, torts (in particular negligence and privacy), property and securities, white collar crime, intellectual property, competition and consumer law (in particular advertising, product liability and unfair contracts), business structures and operations, misleading and unconscionable conduct and dispute resolution.
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This course introduces arbitration as a procedural alternative to litigation. Different types of arbitration coexist for the settlement of a wide array of disputes in the transnational realm. Four types are studied in this course: commercial, investment, sports, and public international arbitration. Notwithstanding their evident distinctive features (e.g. involved parties, applicable law etc.), this course—on the procedural level—highlights common features and the challenges which they all face. Solutions to these challenges are nowadays no longer sought only in isolated reform and policy initiatives focusing on only one of these types of arbitration. Rather, global solutions and trends emerge for instance as regards the fight for corruption or the increasing demand for accountability and transparency of arbitral decision-making. Students identify and study the legal steps of the arbitral process from the signing of the arbitration agreement to the enforcement of the final award. While the course centers on procedural aspects, the provided materials and class discussions evidently offer insight into the substantive side of these disputes. Each session first provides an overview to foster a holistic understanding of the key procedural principles and dynamics at play. Subsequently, class discussion delves into a curated selection of materials encompassing all of the studied types of arbitration. Concurrently, students engage in a practical arbitration moot exercise, focusing on a range of procedural issues within a simulated arbitration framework. Working collaboratively in teams, students develop written arguments and present them before a fictitious Arbitral Tribunal during the final session of the course.
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