List of courses taught in English – Fall 2015 and Spring 2016. The courses are only open for Master students. Fall 2015 Courses European Convention on Human Rights International and European Energy Law – Icelandic Energy Law International and Domestic Funding Agreements Lecturers Davíð Þór Björgvinsson The International Law of the Sea Bjarni Már Magnússon International Standards of Investment Protection Legal English Fanney Rós Þorsteinsdóttir Guðmundur Ingvi Sigurðsson Finnur Magnússon Erlendína Kristjánsson Willem C. Vis Int. Commercial Arbitration Moot I* Garðar Víðir Gunnarsson * This course is only available to those able to take both part I and II. Students must be present and enrolled in both the fall and spring semesters. Students have to apply especially for this course, further information on page 7. Spring 2016 Courses EU Constitutional Law Lecturers Gunnar Þór Pétursson European Law: Financial Services Hallgrímur Ásgeirsson International Oil and Gas Law Eduardo Pereira Trademark Law Ásdís Magnúsdóttir Willem C. Vis Int. Commercial Arbitration Moot II* Garðar Víðir Gunnarsson * This course is only available to those able to take both part I and II. Students must be present and enrolled in both the fall and spring semesters. Students have to apply especially for this course, further information on page 7. Fall 2015 L-714 European Convention on Human Rights 7.5 ECTS Semester: Fall 2015 Level of course: Master level, advanced Type of course: Elective Schedule: 30-38 lectures pr. semester Lecturer: Davíð Þór Björgvinsson Content: The course will provide an in-depth analysis of the law of the European Convention on Human Rights. The first part of the course is dedicated to introducing the Council of Europe, The European Convention on Human Rights and its supervisory system. The European Court of Human Rights will be placed in focus with emphasis on its methods of interpretation and its procedure. Its current workload and future prospects will also be dealt with. Finally the connection between the Convention and European Law as well as the domestic law of member states will be covered. The second part of the course is dedicated to the principal substantive rights protected by the Convention and its Protocols, such as the right to life, the prohibition of torture, the right to a fair trial, the right to respect for private and family life, the freedom of thought, conscience and religion, the freedom of expression, the freedom of assembly and association, the prohibition of discrimination, the protection of property and the right to education. Learning outcomes - Objectives: Knowledge of international human rights protection has become an important competency in many respects. It is relevant to attorneys, judges, civil servants and in business. Knowledge of the European Convention on Human Rights and the case law of the European Court of Human Rights is particularly relevant because if its direct and profound influence on various areas of domestic law in the Contracting States. The learning objectives of the course are the following: -Knowledge of the principal substantive rights protected by the Convention, the working methods of the Court and the effect of the Convention on the domestic law of the Member states, -understanding of the nature and function of the Convention’s protection and -development of analytical skills and training in the application of Convention rights to practical problems. Course assessment: Projects 50% and final exam 50% Reading material: TBA Teaching and learning activities: Lectures and assignments Language of instruction: English L-712 International and European Energy Law – Icelandic Energy Law Semester: Fall 2015 Level of course: Master level, advanced Type of course: Elective Schedule: 36 lectures or discussions, periodical organisation Lecturer: Fanney Rós Þorsteinsdóttir 7.5 ECTS Content: The course provides an overview of the organizational and regulatory framework concerning the energy sector, acknowledging the importance of energy on a global scale. The course is divided into two parts. The first and main part (6 ECTS) covers the principal legal and policy issues relating to international and European energy affairs. The second part (1.5 ECTS) is concerned with the legal framework of the Icelandic energy market. The students can choose to complete either 6 ECTS or 7.5 ECTS. The first part of the course deals with international energy relations and discusses the global quest for energy resources and the role of the major actors on the energy market. In this part the main policy and legal issues and principles governing the energy supply chain, i.e. generation, transmission and consumption, in the EU will be covered. A special focus will be on renewable energy matters and legal issues related to emission trading. In this part energy-specific regulation, the role of courts and international institutions in general will also be discussed. The second part of the course covers the legal framework of the Icelandic energy market. It focuses on Iceland’s obligations under the EEA-agreement in the field of energy and legal issues related to implementation of the relevant EU directives into national law. Learning outcome - Objectives: At the completion of the course the student should have: Acquired basic knowledge of the legal and institutional framework in the field of energy law in the international and European context and be able to identify and explain the main principles and legal issues related to generation, transmission and consumption of energy. Students should also have acquired basic knowledge of the legal framework governing the Icelandic energy market, its main characteristics and identify possible legal relations and problems. Course assessment: First part: Assignment 40%, presentations 20% and exam 40%. Second part: Assignment 70%, presentations 20% and participation in class 10%. Reading material: Selection of book chapters and articles Teaching and learning activities: Lectures and discussions Language of instruction: English International and Local Funding Agreements 7.5 ECTS Semester: Fall 2015 Level of course: Master level Type of course: Elective Schedule: 30-38 lectures pr. semester Lecturer: Guðmundur Ingvi Sigurðsson Content: The class deals with different kinds of funding agreements in both international and local context. The main focus will be on the LMA agreement that banks use when financing large and medium-sized companies, including its obligations, terms, default permissions and collateral documents. Students will examine the drafting process for bills of exchange and bonds, both documented and undocumented, with a special emphasis on covered bonds and other safeguarded bond issues. Learning outcome – Objectives: The objective of the course is to give students an overview of different methods companies use to finance their operations and make students familiar with different terms used in credit agreements. The course will concentrate on the legal agreements used for such financing and different kind of programmes (for example bond issuances of bank). At the end of the course students will be able to work with different kind of credit agreements and deal with the legal issues that arise in practice from the negotiations and execution of such agreements. Course assessment: 50% oral or written exam, 40% assignments and 10% class participation Reading material: TBA Teaching and learning activities: Lectures, projects and discussions Language of instruction: English L-752 The International Law of the Sea 7.5 ECTS Semester: Fall 2015 Level of course: Master level, advanced Type of course: Elective Schedule: 36 lectures/discussions pr. semester Lecturer: Bjarni Már Magnússon Content: This course introduces the major themes and issues of the modern international law of the sea. The aim of the course is to familiarise students with the contemporary challenges in the regulation of the oceans. The course is taught in English. The focus of the course is on the legal framework contained in the 1982 United Nations Convention on the Law of the Sea and associated instruments. Students will consider the fundamental principles of the law of the sea set out in the Convention. In particular, they will analyse the maritime zones created under the Convention which include the territorial sea, the exclusive economic zone, the continental shelf, the high seas and the International Seabed Area. They will also study the way in which the law of the sea is developed by a variety of international institutions and how states have tackled new issues that have arisen since the conclusion of the 1982 Convention, e.g. increment of piracy and the increased attention towards the Polar Regions. Finally, they will consider the role that judicial dispute settlement plays in the law of the sea regime. A special focus will be on issues relevant for Iceland. Students will work directly with primary materials, including the relevant international treaties and decisions of international courts and tribunals. By the end of this course, students should be equipped with the ability to analyse and present coherent and persuasive arguments in relation to the areas studied. Learning outcome - Objectives: On completion of the course, a student: • can find and interpret the main sources of the international law of the sea. • can explain how different ocean areas are defined and delimited; • can describe and explain the rights and obligations of coastal states and other states in the various ocean areas. • can apply the international law of the sea when working on projects regarding the ocean. Course assessment: Paper (40%). Two 15% multiple choice exams (30%). Group assignment which is presented in class (30%). Reading material: To be announced. Teaching method: Lectures, seminars and assignments. Language of instruction: English L-755 International Standards of Investment Protection 7.5 ECTS Semester: Fall 2015 Level of course: Master level, advanced Type of course: Elective Schedule: 30-38 lectures/discussions pr. semester Lecturer: Finnur Magnússon Content: The course will focus on international investment law as a growing field of public international law. It will address how foreign direct investment is regulated under customary international law and subjected to various investment standards as prescribed in approximately 3,000 bilateral investment treaties (BITs) currently in force. The course’s objectives are to present an overview of the current rules dealing with investment and engage students in a discussion about their nature and foundation. Major themes of international investment law will be analyzed and discussed, such as: The concept of “investor” and “investment” Expropriation Fair and equitable treatment Full protection and security National treatment and MFN treatment Furthermore, the course will deal with investment disputes between investors and host states and investment arbitration that addresses disputes stemming from various agreements made between investors and states receiving foreign direct investment (such as concession agreements involving hotel projects, electoral voting projects, mobile network development, aluminum smelter projects, etc.). Active student participation will be expected. The students will be required to present and discuss various investment cases dealing with investment disputes and in doing so read, analyze and present either judgments of the International Court of Justice or arbitral awards of various arbitral tribunals. Finally, the students will read relevant reading material to be used when discussing topical issues in international investment law. Learning outcome - Objectives: Following their participation in the course students should have acquired knowledge of the fundamental standards of international investment law. Students will be able to apply the sources of international investment law, such as BITs, customary international law, general principles of international law and various arbitral cases when addressing topical issues of this field of law. Finally, students will have acquired skills to analyze various issues that are currently topical within the field of international investment law and present their views and conclusions in a clear manner. Course assessment: Course attendance and participation (case presentations and discussions) 20%, written exam/paper 40%, oral (final exam) 40%. Reading material: To be announced. Teaching method: Lectures and discussions. Language of instruction: English L-601 Legal English 7.5 ECTS Semester: Fall 2015 Level of course: Master level, advanced Type of course: Elective Schedule: 30-38 lectures per semester Lecturer: Erlendína Kristjánsson Content: Legal English is a practical course aimed at developing students’ skills in using English as a professional language. Students mainly build on their speaking and writing skills in a legal context and work towards increasing their legal vocabulary substantively. Students improve their pronunciation and learn how to apply effective communication strategies for purposes of public speaking activities, such as, professional speeches, presentations, and court cases. The course also provides students with clear guidelines on how the write basic legal texts, such as, professional e-mails, bad-news communication, legal briefs, legal memos, and international sales contracts. The course covers the main writing conventions for purposes of legal drafting and communication with clients as set out by the European Commission and other anti-legalese associations. Students work on texts and complete practical exercises relating to the following themes: court case formats, legal drafting, systems of government – constitutional law, human rights, contracts, company law, and company finance. The course prepares students for the International Legal English by Cambridge University (ILEC exam) and participation in international moots, such as the annual Willem C. Vis International Commercial Arbitration Moot. The course also provides students with the foundations needed to work in international organisations or law firms. The level of the course is equivalent to C1 of the Common Framework of Reference for Language Learning. Learning outcomes - Objectives: In terms of knowledge, students will be able to: Define the main words and phrases of international contracts Define at least 150 new legal terms and phrases Describe the main characteristics of legalese Explain the main writing formats and structures of legal correspondence. Understand the mechanics of legal writing (capital letters, numbers, punctuation) List the main theories relating to legal argumentation and logic Explain the characteristics of professional speeches and presentations In terms of skills, students will be able to: Write well-structured legal messages Devise a bad-news letter Learn vocabulary more effectively Give a professional speech and presentation Present legal arguments in a court setting In terms of competences, students will be able to: Write with grammatical correctness Write with effective punctuation marks, correct use of capital letters and numbers Express themselves in a well-organised manner Communicate with use of the appropriate legal vocabulary Course assessment: Continuous evaluation with emphasis on small, practical speaking tasks for skills development purposes. No final exam. Speaking (35%): Informative Speech -5% / Persuasive Speech -5% / Class Presentation -10% / Moot -15%. Writing (30%): Bad-news letter -5% / Legal Brief –10% / Test on Legal Writing -15%. Vocabulary Tests (35%): Test 1 -15% / Test 2 -20%. Reading material: To be announced. Teaching and learning activities: Short lectures, practical language assignments and discussions. Language of instruction: English Willem C. Vis Int. Commercial Arbitration Moot I 7.5 ECTS Semester: Fall 2015 Level of course: Master level Type of course: Elective Schedule: See course content. Attention: Please note that students have to apply especially to take part in this course. Further information is available on the courses’ home site in MySchool. This course is only available to those able to take both part I and II. Students must be present and enrolled in both the fall and spring semesters. Lecturer: Garðar Víðir Gunnarsson Content: Goal of the Willem C. Vis Moot: The goal of the Willem C. Vis Moot is to foster the study of international commercial law and arbitration for resolution of international business disputes through its application to a concrete problem of a client and to train law leaders of tomorrow in methods of alternative dispute resolution. Structure of the Moot: The business community‘s marked preference for resolving international commercial disputes by arbitration is the reason this method of dispute resolution was selected as the clinical tool to train law students through two crucial phases: the writing of memorandums for claimant and respondent and the hearing of oral argument based upon the memorandums -- both settled by arbitral experts in the issues considered. The forensic and written exercises require determining questions of contract -flowing from a transaction relating to the sale or purchase of goods under the United Nations Convention on Contracts for the International Sale of Goods and other uniform international commercial law -- in the context of an arbitration of a dispute under specified Arbitration Rules. In the pairings of teams for each general round of the forensic and written exercises, every effort is made to have civil law schools argue against common law schools -- so each may learn from approaches taken by persons trained in another legal culture. Similarly, the teams of arbitrators judging each round are from both common law and civil law backgrounds. Sponsors of the Moot: The Vis Arbitral Moot is sponsored by the American Arbitration Association, the International Arbitral Centre of the Austrian Federal Economic Chamber, the Chartered Institute of Arbitrators, Chicago International Dispute Resolution Association, Court of International Commercial Arbitration, Romania, German Institution of Arbitration (DIS), the International Chamber of Commerce, the London Court of International Arbitration, the Moot Alumni Association, the Singapore International Arbitration Centre, Swiss Arbitration Association (ASA) and the Swiss Chambers‘ Arbitration. The course is split up into two parts (I) & (II). Course work begins at the beginning of September and ends with the students’ participation in the International Arbitration Moot that is held in Vienna, Austria, the week before Easter. In the first half of the course (I) the students’ are required to write a Memorandum for Claimant based on a fictional description of events that is normally announced in the first week of October. All work in the course is conducted in English. The Memorandum has to be submitted by the beginning of December. There will be lectures held for the students on the rules and regulations governing the subject. In the latter half (II) of the course which will be during the spring semester the students’ will write and submit a Respondent’s memorandum as an answer to the previous Memorandum for Claimant. The Respondent’s memorandum is due in the middle of January. Once that has been submitted the preparations for the Moot competition begin. Further information on the competition is available here: http://www.cisg.law.pace.edu.vis Learning outcome – Objectives: The course objective is the preparation and successful participation of Reykjavik University in the Willem C. Vis International Commercial Arbitration Moot, held annually in Vienna the week before Easter. After having completed the course and participated in the Willem C. Vis competition students should understand the procedure for international arbitration proceedings, understand and be able to express substantive commercial law arguments based on the CISG and be able to express legal arguments in English both in written form and orally. Course assessment: The course assessment is based upon the students’ performance and outcome of the both the written submissions and the oral arguments. This is a pass/fail course. No formal grades are given. Reading material: The United Nations Convention on Contracts for the International Sale of Goods (CISG) The Convention on Recognition and Enforcement of Foreign Arbitral Awards The UNCITRAL Model Law on International Commercial Arbitration The Rules of the Willem C. Vis International Commercial Arbitration Moot Books: Peter Huber & Alastair Mullis, The CISG, A new textbook for students and practitioners, 2007. Joseph Lookofsky, Understanding the CISG, a compact guide to the 1980 United Nations Convention on Contracts for the International Sale of Goods (Third Worldwide Edition), 2008. Nigel Blackaby, Constantine Partasides, Alan Redfern & Martin Hunter, Redfern & Hunter on International Arbitration , 2009. Margaret L. Moses, The Principles and Practice of International Arbitration, 2008. Julian Lew, Loukas Mistelis & Stefan Kröll, Comparative International Commercial Arbitration, 2003. Bryan A. Garner, The Winning Brief – 100 Tips for Persuasive Briefing in Trial and Appellate Courts, 2004. Christopher Kee, The Art of Argument – A Guide to Mooting, 2006. Teaching and learning activities: See course description. Language of instruction: English Spring 2016 L-746 EU Constitutional Law 7.5 ECTS Semester: Spring 2016 Level of course: Master level, advanced Type of course: Elective Schedule: 30-38 lectures/discussions pr. semester Lecturer: Gunnar Þór Pétursson Content: The course will focus on the emergence of an EU constitutional legal order, particularly developed by the European Court of Justice through its case law. The principles of supremacy, direct effect and state liability will be analysed thoroughly, with the aim of shedding a light on the delicate relationship between the national legal orders and that of the EU. For that purpose the initial ground breaking cases and circumstances will be thoroughly dealt with, and analysed in the light of the recent cases and Treaty amendments. Additionally the course will analyse the emergence of fundamental human rights, as general principles of EU law, and the impact of the European Charter of Fundamental Rights on the EU constitutional legal order. Lastly, the course will deal with the issue of legal remedies for individuals under EU law. The Course is based on active student participation during seminars. The students will be required to present and discuss the most important cases, and become familiar with reading, analysing and presenting judgments. In addition, the students will be invited to read relevant and topical doctrinal materials in order to stimulate the discussions. Learning outcome – Objectives: To pass the examination the students will have to be able to show a basic understanding in the interaction between the national legal orders and the EU legal orders by using the relevant legal sources of EU law, particulary primary law (Treaties), and relevant case law of the Court of Justice, including general principles of law. The students should be able to critically analyse the jurisprudence of the Court of Justice with support of doctrinal material, and able to communicate the conclusions in a clear manner. Course assessment: Course attendance and participation (case presentations and discussions) 20%, case study 30%, written paper 50%. Reading material: To be announced Teaching method: Lectures and discussions. Language of instruction: English L-746 European Law: Financial Services 7.5 ECTS Semester: Spring 2016 Level of course: Master level, advanced Type of course: Elective Schedule: 36 lectures/discussions Lecturer: Hallgrímur Ásgeirsson Content: Financial services include banking, insurance and investment services. These services play a fundamental role in the functioning of every society and economy. The provision of financial services is dependent upon a regulatory framework that promotes financial stability and confidence in the financial system, its institutions and operators. These objectives must, however, be balanced against the fact that financial services are provided in an environment subject to high degree of international competition and technological development. With this in mind, the conditions for the provision of banking, insurance and investment services in the EU Member States have been made subject to extensive harmonisation in European law. Knowledge of European law on financial services is therefore a key to understanding the national regulation in this field in the different EU Member States. The following topics will be covered: • Introduction to financial services • Primary legislation • Accounting • Banking • Insurance • Investment services • Investment funds (UCITS) • Pension funds Learning outcome - objectives: On successful completion of the course the student will have gained knowledge of European law on financial services and its relevance for national law. The student will have acquired skills to apply this knowledge to legal issues that may arise in relation to the provision of financial services in the EU. Reading material: To be announced Teaching and learning methods: Lectures, discussions and practical projects. Course assessment: Course attendance and participation 20%, written group project 30%, oral (final) exam 50%. Language of instruction: English L-776 International Oil and Gas Law 7.5 ECTS Semester: Spring 2016 Level of course: Master level, advanced Type of course: Elective Schedule: 36 lectures/discussions pr. semester. Intensive course. Lecturer: Eduardo G. Pereira Content: The course provides an overview of the most challenging stages of the petroleum industry: the exploration and exploitation stages of oil and gas know as Upstream. These two stages involve the higher risks and rewards in the entire chain of petroleum activities. Thus it is critical to understand in details the regulatory and contractual frameworks, which govern those relevant stages. The course is divided into two parts. The first part (3 ECTS) covers the host government agreements and regulatory framework. The second part (3 ECTS) is concerned with consortium agreements. In addition, each part of the course is followed by a seminar with the participation of relevant industry players, regulator, lawyers, etc. The best assignment among the class will be presented at that respective seminar. The first part of the course will explain the different models applied by States (or individuals whenever applicable) when granting rights to explore and exploit oil and gas, possible transfer or sharing of those rights and the main obligations involved for those who have the right to explore and produce oil and gas. The second part of the course covers the most relevant consortium contracts created to conduct exploration and exploitation activities. The creation of consortium is a typical approach by oil and gas companies in order to reduce and minimize the amount high risks and costs involved in any upstream activity. Learning outcome - objectives: At the completion of the course the student should have: Acquired basic knowledge of the legal and contractual framework in the field of upstream oil and gas law and be able to identify and explain the main principles and legal issues related to host government agreements, consortium contracts, regulatory framework, and relevant players, among others. Course assessment: Assignments 40%, oral presentations of assignments and participation in class 20% and final exam 40%. Reading material: Selected book chapters, articles and papers. Teaching and learning methods: Lectures, case studies and exercises. Active participation of students in class is required. Language of instruction: English L-833 Trademark Law 7.5 ECTS Semester: Spring 2016 Level of course: Master level, advanced Type of course: Elective Lecturer: Ásdís Magnúsdóttir Content: Trademark protection has seldom, if ever, been more important to companies than now. With growing changes in business there have awoken new questions concerning trademarks and the laws and regulations governing them that haven’t yet been fully answered. This course will explore trademark rights in an international context. The procedures and rules in the EU will be studied along with the procedures in the United States. Trademark rights in the US are quite different from those in the EU and whether that might affect the development the trademark subject will be considered in the course. Among the subjects covered will be “new problems” in the field that are not “traditional” trademark issues, such as trademarks and internet domains, the use of trademarks online (e.g. in relation to the connection of trademarks with advertising sales in search engines). Court rulings from both the EU and the US will be used extensively in the course. Learning outcome – objectives: The aim of this course is to give an overview and understanding of international trademark law. Those who complete the course will be equipped to deal with trademark rights from a European viewpoint as well as an American viewpoint. A special emphasis will be placed upon the students being able to assess different issues in the field and a desirable prospective development for it based on the objectives and purpose that trademark law should serve. Trademark use and protection is by nature an international subject and it is important that students are able to recognize these rights as a part of the big international picture. Course assessment: Essay 40%, participation 10% and final oral exam 50% Reading material: Various chapters, articles and rulings. Teaching and learning activities: Lectures, discussions and projects. Language of instruction: English Willem C. Vis Int. Commercial Arbitration Moot II 4.5 ECTS Semester: Spring 2016 Content: Please see the course description from Fall semester 2015. Attention: Please note that students have to apply especially to take part in this course. Further information is available on the courses’ home site in MySchool. This course is only available to those able to take both part I and II. Students must be present and enrolled in both the fall and spring semesters.
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