בינלאומיות בפקולטה

חילופי סטודנטים, GLP ותואר שני בינלאומי

Global Law Program

Semester 1

Emerging rights of nature: property, sovereignty, and legal personality

The course will start focussing on new legal stipulations concerning the status of nature or of elements of nature from a comparative, international, and legal-theoretical (mainly Hohfeldian) perspective. The discussion will take its roots in the 2017 legal personification of the river Whanganui in New Zealand. Similar attempts (successful or not) have since taken place which all display legal specificities to be accounted for. This "rights of nature" trend raises a lot of fundamental and practical issues that will be analyzed in the course:  such as the role of indigenous communities and the nature of biocultural rights, the theoretical coherence of legal ecocentrism, the modalities through which a natural fixture can exert standing. It is clear that granting elements of nature which have, by definition, a territorial reality raises issues with classical notions of property and sovereignty. We will discuss notions such as permanent sovereignty over natural resources and shared sovereignty over migratory resources to illustrate the complex relationship between sovereignty principles and conceptual frameworks open to alternative forms of nature's legal autonomy. Many implications follow in the domains of ocean-law and space-law for example, leading to the discussion of transnational commons or public trust doctrines. Finally, the course will probe our "natural" legal conceptions, i.e. our spontaneous ways of conceiving some coherent legal statuses and expressing legally coherent reasoning with respect to natural phenomena in the context of climate change (one main example will be taken from the international status of icebergs).

Prof. Sacha Bourgeois-Gironde
University of Haifa

  • 09/11/2516:00-19:30
  • 16/11/2516:00-19:30
  • 23/11/2516:00-19:30
  • 30/11/2516:00-19:30
  • 07/12/2516:00-19:30
  • 14/12/2516:00-19:30
EU Law, History & Policy
Since its inception over seventy years ago, the European Union (EU) has emerged as one of the  leading trading blocs in the world. Originally created around an economic agenda, the Union has since morphed from an intergovernmental organisation into something quite different and distinct.
This course examines this transformation and the forces behind it, exploring the institutions of the Union and the functioning of the European judicial system. Also, it investigates several of the foundational policies that the heart of the EU, and considers their role in the EU’s transformation.
This course finishes with an exploration of the four freedoms and drills down into the free movement of goods and its operation within the global trade system.

Prof. Michala Meiselles
Law School, Derby University

  • 22/12/2512:00-15:30
  • 24/12/2512:00-15:30
  • 28/12/2512:00-15:30
  • 30/12/2512:00-15:30
  • 01/01/2612:00-15:30
  • 04/01/2612:00-15:30
Free speech in liberal democracy

We will study (a) the diversity of "free speech" claims; (b) the decline of free speech as a value; (c) the prospects of reimagining free speech for the 21st century.
Our understanding of free speech is not a constant. It does not change in every generation, but it does change. If we endeavour to distinguish between the present and the near-past many things will occur to us, but in the course we will examine our experience of free speech as a value to be championed. How was it championed then, and how now?
"Then" it was championed by efforts to enlarge speech boundaries – what could be said, who could speak, and in what places and to what audiences. And this championing of enlargement was, over time, but with what felt like a gathering momentum, successful. What could once only be whispered, could now be spoken with confidence and in full voice. The hitherto silent were finding their voice, and were being heard. Topics that had been suppressed, forms of expression that had been proscribed, etc. – were released into the public realm. It was an affair, most generally, of the overrunning of limitations, with a view to redefining them, setting the parameters wider. These were liberating, invigorating, exciting times.
And "now"? Not so invigorating, not so exciting. Instead, we experience a giddy disorientation. The overrunning of boundaries has destroyed the very notion of boundary.  And there is a new censoriousness, which threatens the achievements of the recent past but is commonly defended in the name of free speech. We might say: We have passed from limitations on free speech, which were overcome, to threats to free speech, which we struggle to overcome without destroying what we seek to defend. It is not surprising that we find ourselves in a state of confusion and demoralisation. Is there a way out?

Prof. Anthony Julius

  • 05/01/2616:00-19:30
  • 07/01/2616:00-19:30
  • 08/01/2616:00-19:30
  • 11/01/2616:00-19:30
  • 13/01/2616:00-19:30
  • 15/01/2616:00-19:30
International Taxation: Foundations and Recent Developments in the U.S. and Europe
This course offers an introduction to the world of International Taxation—a field that impacts how businesses interact across borders. While the basic rules of international tax were first developed nearly a century ago, they haven’t always kept pace with today’s global economy, especially the rise of digital businesses.
We’ll start with the foundations of international tax—key concepts and principles that every student should know. From there, we’ll dive into some of the most important recent developments, including the OECD/G20’s Base Erosion and Profit Shifting (BEPS) Project, which reshaped international tax rules to address certain tax planning by multinational corporations.
We’ll also examine and discuss ongoing debates, such as: (1) Should taxes be aligned with where a company has real substance (employees, assets, and activities)? (2) Should countries have more taxing rights based on the location of consumers and markets, not just corporate headquarters?
By the end of the course, you’ll have a strong foundation in international tax principles and a clear understanding of the big issues driving today’s global tax reform efforts.

Prof. Mohanad Salaimi

  • 09/11/2512:00-15:30
  • 11/11/2512:00-15:30
  • 16/11/2512:00-15:30
  • 18/11/2512:00-15:30
  • 23/11/2512:00-15:30
  • 25/11/2512:00-15:30

Semester 2

Introduction to European Patent Law

The course will provide an overview of the European patent system and will focus on exciting aspects that have promoted, troubled or facilitated the system as a whole during the past decades. During the course we will discuss the patentability of biotech inventions, AI and pharmaceutical products while we will also debate the role exclusive rights as those granted by the patent system, may play in a global context. Finally we will have the opportunity to learn more about the recent changes brought by the Unitary Patent System and the Unitary Patent Court.

Prof. Frantzeska Papadopoulou
Stockholm University

  • 12/03/2616:00-19:30
  • 16/03/2616:00-19:30
  • 18/03/2616:00-19:30
  • 19/03/2616:00-19:30
  • 22/03/2616:00-19:30
  • 24/03/2616:00-19:30
Economic Research on Civil Liability, Contracts and Property

The lecture will focus on important research on the role of civil law for economic development in Western Europe, where groundbreaking legal innovations in the late Middle Ages, which have been termed a "legal revolution" (Berman) or a "big bang" (Gordley), could be consolidated for the long term and contributed to the unprecedented economic rise of Western Europe. It also includes a discussion of the much-criticized argument that common law is more growth-oriented than civil law. The lecture continues with recent research on property, contract and civil liability. This includes liability for environmental damage, for pure economic loss in tort, after the the "Deep Water Accident" in the Caribbean (2010). It includes the discussion on the expansion of management without mandate, on new forms of property, and on the taming of the internet giants through new regulatory practices, after civil norms on abuse of dominant market position proved to be inappropriate. It also includes the debate on pre-contractual disclosure rules and on the basis of contract and unenforceability in contract law. And it shows how behavioral research has challenged conventional wisdom in law and economics. Basic knowledge of economics is welcome but not necessary. The lecture will be based partly on the second edition of the book "The Economic Analysis of Civil Law" by Schäfer and Ott (2022) and partly on recent literature which will be distributed before the course starts.

Prof. Hans-Bernd Schäfer

  • 16/04/2616:00-19:30
  • 20/04/2614:00-17:30
  • 23/04/2616:00-19:30
  • 26/04/2616:00-19:30
  • 28/04/2616:00-19:30
  • 30/04/2616:00-19:30
Game-theoretical approaches to legal issues

The course introduces game-theoretical approaches to legal analysis. No previous knowledge in game-theory is needed. Yet, in the end, the students will have been acquainted with some core concepts of cooperative and non-cooperative game-theory through their application to a variety of legal issues in several domains of law. The course will follow this order.
 
#1 Criminal deterrence (credible threats in extensive form games)
#2 The dynamics of marriage and divorce (Gale-Shapley matching algorithm / Nash bargaining model)
#3 Corruption and the limits of asymmetric criminalization (extensive form games, subgame perfect equilibrium)
#4 Governmental accountability and the optimal level of public transparency (principal-agent models)
#5 Separation of powers and the constitutional non-delegation principle (power indices)
#6 Linguistic rights in multilingual societies (conversation games).

Prof. Sacha Bourgeois-Gironde
University of Haifa

  • 13/04/2612:00-15:30
  • 15/04/2616:00-19:30
  • 19/04/2616:00-19:30
  • 23/04/2616:00-19:30
  • 27/04/2616:00-19:30
  • 29/04/2616:00-19:30
Collective Redress Mechanisms in the European Union and US class actions - Can the European Model Provide an Effective Enforcement of Consumer Claims?

The course will explain the system of collective redress mechanisms in the European Union based on Directive 2020/1828. The Directive was the result of a long political struggle in the EU and the lawmaking process was characterized by the attempt to distance the European model from US class actions in order to avoid abuse and still guarantee effective consumer protection. Subject of the lectures is the directive itself, the main differences to US class actions, and its implementation in important Member States such as Germany, France or Spain. In view of the considerable scope for implementation for Member States, very different models of collective redress can be found in the EU today. Significant differences exist, particularly with regard to the legal standing of consumer associations and the very important question of how to finance collective actions. In this context, the EU's efforts to regulate third-party funding of lawsuits by commercial litigation funders will also explained.
Another focus will be on the different types of collective actions that are now available in Germany. In addition to lawsuits brought by consumer associations, this also includes actions brought by special purpose vehicles, which collect and enforce claims in consumer and antitrust law based on an assignments model. These debtcollecting companies are new players on the legal services market in Europe, offering cost- and risk-free enforcement of claims in return for success fees.
The seeries of lectures is intended to provide students with an overview of various approaches to legal policy regulation and enable them to assess these on their own.

Prof. Astrid Stadler
University of Konstanz

  • 01/06/2616:00-19:30
  • 03/06/2614:00-17:30
  • 04/06/2616:00-19:30
  • 07/06/2616:00-19:30
  • 09/06/2616:00-19:30
  • 10/06/2616:00-19:30
Multicentricity in the European Legal System: Challenges and New Perspectives

This lecture focuses on how the legal system in Europe has changed, especially within the European Union. The EU legal structure is now multicentric, meaning it has multiple sources of law and decision-making—national governments, EU institutions, and agreements between member states.

This complex structure is different from traditional national legal systems. It challenges our usual understanding of legal hierarchy, authority, and how laws work together. One of the main ideas we will explore is how EU law has supremacy and how its effectiveness (known as effet utile) is prioritized over national laws.

The lecture will also look at how this affects legal identity—both European and national (or constitutional) identity—and what this means for the idea of a common European legal culture.

A key part of the session will be about the Court of Justice of the European Union (CJEU), which plays a central role in shaping EU law. We will review major court decisions that have defined the current system and explore new case law on important legal issues.

Prof. Bartosz Wojciechowski
UNIVERSITY OF LODZ

  • 07/05/2616:00-19:30
  • 11/05/2614:00-17:30
  • 12/05/2616:00-19:30
  • 14/05/2616:00-19:30
  • 17/05/2616:00-19:30
  • 19/05/2616:00-19:30
International and European Dispute Resolution

The course will focus on  methods of international dispute resolution including diplomacy (negotiation), international mediation,  internation arbitration in both commercial and investor-state contexts, some hybrid forms of dispute resolution, as well as newer forms of dispute resolution like restorative justice and truth and reconciliation commissions. It will also look at international adjudication bodies such as the International Court of Justice, International Criminal Court, European Court of Human Rights, Inter-American Court of Human Rights and other specialty tribunals. We will also look at online forms of dispute resolution in cross-border disputes and others.  There will be some experiential exercises, including at least one longer treaty negotiation simulation and some shorter exercises in relation to arbitration and adjudication. The theme of this course is process pluralism. There are many ways to handle, resolve or manage international disputes—one size will not fit all. Which dispute resolution mechanisms are appropriate for what kinds of disputes? How can we deal with “wicked” or intractable disputes?

Prof. Carrie Menkel-Meadow
University of California, Irvine School of Law

  • 13/05/2612:00-15:30
  • 17/05/2612:00-15:30
  • 20/05/2612:00-15:30
  • 24/05/2612:00-15:30
  • 26/05/2612:00-15:30
  • 28/05/2612:00-15:30