UNIVERSITY OF LAUSANNE FACULTY OF LAW LL.M. IN INTERNATIONAL AND EUROPEAN ECONOMIC AND COMMERCIAL LAW STUDY GUIDE

Transcription

1 UNIVERSITY OF LAUSANNE FACULTY OF LAW LL.M. IN INTERNATIONAL AND EUROPEAN ECONOMIC AND COMMERCIAL LAW STUDY GUIDE

2 Page 2 CONTENT: General information Study plan Master thesis guidelines Schedule IMPORTANT COORDINATES: llm@unil.ch Livia Danieli: Michael Raya: Madame Getaz: LL.M. OFFICE HOURS: Office number 301, 3 rd floor Internef Building. Monday: closed Tuesday: closed Wednesday: Thursday: Friday: Other times by prior appointment only. SERVICE DES IMMATRICULATIONS: Unicentre CH- Lausanne Phone: +41 (0) Fax: +41 (0) Opening hours: Monday and Thursday: Tuesday and Wednesday: Friday: closed

3 Page 3 GENERAL INFORMATION 1. TERMS: The academic year is divided into two terms of weeks each during which the teaching takes place. The Spring term starts on 9 th February and runs till end of May. It is followed by an exam session in June. The Fall term runs from September 20 to Christmas. The exam session takes place in January. 2. TEACHING LOCATION: Room 231 Internef building at the University of Lausanne Dorigny's campus. Any changes will be communicated. 3. TEACHING HOURS: Morning: and Afternoon: and (Unless otherwise agreed upon) 4. WORKLOAD & PREPARATION: The ECTS system (European Credit Transfer System) intends to measure the level of education a student has obtained by attaching credits to courses. The completion of the LL.M. corresponds to 60 ECTS. One Credit ECTS corresponds to 25 hours of workload for the student. We foresee normally eight hours of teaching per Credit ECTS, the rest of the time is dedicated to reading, exam preparation and personal research.

4 Page 4 5. COURSE MATERIALS: The following books are recommended by the LL.M.: H. Qureshi, A. R. Ziegler, International Economic Law, London: Sweet and Maxwell, 20, 3 rd edition. P. Craig, G. De Burca, EU law, Oxford: OUP, 20, 5 th edition. P. Van den Bossche, W. Zdouc, The Law and Policy of the World Trade Organization, Cambridge: CUP, 20, 3 rd edition. For each course, you will have an online access on Moodle ( to the electronic materials. 6. CLASS ATTENDANCE: Students are expected to attend at least 75% of the taught lectures in order to be admitted to the examination of that course. For that purpose, at the beginning of each class an attendance sheet will be circulated and will have to be signed. However, we are aware that absences - but not more than 25 % unless arranged differently prior to the absence - are sometimes unavoidable. In this case, please send us as soon as possible an at llm@unil.ch. 7. COURSE EVALUATION: After the last lesson of every course an evaluation sheet will circulate. Please fill out this form carefully; we need this feedback to improve the programme. The evaluation is, of course, anonymous. 8. EXAMINATIONS: Full-time students starting the LL.M. programme in Spring, have to take the examinations respectively in June and January. Full-time students starting their studies in Fall have to take the examinations relating to the courses taught during Fall semester in January. In June, they take the exams related to the classes taught during Spring term. Part-time students need to establish a personal plan according to which, they will take the courses and exams over a period of two years to complete the 60 ECTS credits of the programme. The examination session in August is intended for students who did not successfully complete the exams or were prevented to pass the examinations due to illness or force majeure.

5 Page 5 To be awarded the LL.M. degree, students must obtain at least an average of 4 in each module. If the average grade of the module is less than 4, the students will have to retake the exams in which they failed (i.e. in which they obtained less than 4). Students are not allowed to retake exams to improve their grade. Students who failed an examination twice and consequently do not have an average of 4 in one of the modules will not be awarded the LL.M (échec permanent). 9. GRADES: The grading scheme is from 0 to 6. 6 is the highest grade and 4 the minimum pass mark. 6 excellent 5.5 very good 5 good 4.5 satisfactory 4 pass 3.5 fail 3 poor 2.5 very poor 2 extremely poor 1.5 almost no performance 1 no performance 0 absence without good cause, cheating or attempt to cheat. MASTER THESIS: Full-time students starting their studies in Fall are requested to register their Master thesis topic by December. Full-time Spring starters should register by May. If the student desires to graduate the same academic year, the Master Thesis (50-60 pages) must be completed by May (Fall starters) or by December (Spring starters). Prolongation is possible upon prior request. However, if the student wishes to obtain his or her diploma in the same academic year, an extension of 2 weeks or 4 weeks is taken into account for the final grading and may result in a reduction of 0.5 point of the final grading, respectively a reduction of 1.0 point for an extension of 4 weeks.

6 Page 6. GRADUATION: Full-time students who started their studies in Fall will have completed their Master Thesis and passed all exams by late June (mid-february for those who have started in the previous Spring). Final grades will be available four weeks after each exams session (except the master thesis grade). Graduated students are invited to attend the official graduation ceremony, which takes place mid September. 12. PUBLIC PRESENTATIONS: The LL.M. Programme normally hosts 3-5 distinguished external guest speakers per semester. Attendance of those events is compulsory and will be announced by our team and on our web site.. STUDY TOURS: Accommodation and costs of the organized transport (from and to Brussels) are fully covered by the Programme. The Study Tour to the European Institutions in Luxembourg and Brussels takes normally place in the week before the Spring term officially starts. Additional excursions to International Organisations in nearby Geneva are organized throughout the year.. FACEBOOK-ALUMNI: All LL.M. students «de jure» form part of the LL.M. Facebook alumni group.. LL.M. NEWS: Every week our team will send you the LL.M. News by , providing you with useful information for the following week.. FRENCH COURSES: All students have the opportunity to take French courses at the UNIL Centre de langue. Additional information is available on: HEALTH INSURANCE: Health care is compulsory for every person resident in Switzerland. If you are an EU/EEA citizen and you already have a health insurance policy offering the same benefits as a Swiss one, then you may be exempted from the obligation to take out a Swiss insurance. If you are a citizen from a country outside of the EU/EEA, Swisscare - for instance - provides you with an affordable health care insurance:

7 Page 7. OUR SCHEDULE IN A NUTSHELL: Date Fall Class Spring Class October Study Tour to International Organisations in Geneva - December Register Master Thesis - January Exams - February Study Tour EU Institutions - April Easter break May Register Master Thesis June Exams August Exams Exams September Graduation/Opening Ceremony of courses -

8

9 FACULTY OF LAW, CRIMINAL JUSTICE & PUBLIC ADMINISTRATION Table of courses 20 LL.M. In International and European Economic and Commercial Law Economic and Commercial Law (60 ECTS credits) Courses Professors semesters S A Compulsory Courses (12 ECTS credits) Nom International Economic Law (with excursion to Bern, Zurich) Ziegler A 32 4 International Business Transactions Bonomi A 32 4 European Internal Market Law Hahn A 32 4 Compulsory Courses within each specialization (12 ECTS credits) a) International and European Economic Law WTO Law: Institutional Issues, Dispute Settlement Hahn A 32 4 & Trade in Goods (with excursion to Geneva) International Trade in Service Marchetti S 2 International Intellectual Property Law Kwakwa A 2 Public Policy and the WTO - SPS, TBT Wijkström S 2 International Economic Relations from the EU Hahn S 2 perspectives : The Common Commercial Policy b) International and European Commercial Law Investment Law : Substantive and Procedural Aspects Ziegler S 32 4 International and European Corporate Law Meyer A 2 International Merges & Acquisitions Banke S 2 International Taxation Frey A 2 International and European Competition Law Zäch A 2 Optional courses (20 ECTS credits) International Economic Relations from the EU Hahn S 2 perspectives : The Common Commercial Policy WTO Law : Institutional Issues, Dispute Settlement Hahn A 32 4 & Trade in Goods (with excursion to Geneva) WTO and Intellectual Property Law Kwakwa A 2 Public Policy and the WTO - SPS, TBT Wijkström S 2 WTO and Trade Remedies Pierola/Wauters S 2 Trade and Development Kessie S 2 Trade in Services Marchetti S 2 Investment Law : Substantive and Procedural Aspects Ziegler S 32 4 Corporate Governance Meyer A 2 International and European Mergers & Acquisitions Banke S 2 International Taxation Frey A 2 International and European Competition Law Zäch A 2 The Regulatory State in a Globalization World at Work: S 2 Insurance Regulations Mächler Trade Regulations Chambovey International Commercial Arbitration (Litigation) Heiskanen S 2 Selected Issues of International and European Law: Multinational Enterprises and the Law Cortes S 2 Master Thesis ( ECTS credits) teaching hours credits ECTS

10

11 du 9 février au février, 20 Semaine 7 février mars lundi 9 mardi mercredi jeudi 12 vendredi samedi dimanche...trip to EU Institutions...Trip to EU Institutions...Trip to EU Institutions...Trip to EU Institutions Trip to EU Institutions Page 1/19

12 du février au 22 février, 20 Semaine 8 février mars lundi mardi mercredi jeudi 19 vendredi 20 samedi 21 dimanche 22 Spring new starters only intro to the LL.M programme International Investment Prof. Ziegler International Investment Prof. Ziegler International Investment Prof. Ziegler Page 2/19

13 du 23 février au 1 mars, 20 Semaine 9 février mars lundi 23 mardi 24 mercredi 25 jeudi 26 vendredi 27 samedi 28 dimanche 1 Reserved Trade Prof Chambovey Trade Prof Chambovey Page 3/19

14 du 2 mars au 8 mars, 20 Semaine mars avril lundi 2 mardi 3 mercredi 4 jeudi 5 vendredi 6 samedi 7 dimanche 8 Trade in Prof Marchetti Reserved Pubilc policy and the WTO LAW@ Prof Wijsktrom Trade in Prof Marchetti Pubilc policy and the WTO LAW@ Prof Wijsktrom Page 4/19

15 du 9 mars au mars, 20 Semaine mars avril lundi 9 mardi mercredi jeudi 12 vendredi samedi dimanche The multinational enterprises and the Prof Cortes Insurance Prof Machler Prof Hahn Insurance Prof Machler Page 5/19

16 du mars au 22 mars, 20 Semaine 12 mars avril lundi mardi mercredi jeudi 19 vendredi 20 samedi 21 dimanche 22 The multinational enterprises and the Prof Cortes Trade in Prof Marchetti Public Polocy and WTO Prof Wijsktrom Prof Hahn Trade in Prof Marchetti Public Polocy and WTO Prof Wijsktrom Page 6/19

17 du 23 mars au 29 mars, 20 Semaine mars avril lundi 23 mardi 24 mercredi 25 jeudi 26 vendredi 27 samedi 28 dimanche 29 Trade in Prof Marchetti The multinational entreprises and the Cortes Trade in Prof Marchetti Prof Hahn Page 7/19

18 du 30 mars au 5 avril, 20 Semaine mars avril lundi 30 mardi 31 mercredi 1 jeudi 2 vendredi 3 samedi 4 dimanche 5 Easter Break Page 8/19

19 du 6 avril au 12 avril, 20 Semaine avril mai lundi 6 mardi 7 mercredi 8 jeudi 9 vendredi samedi dimanche 12 Easter Break Page 9/19

20 du avril au 19 avril, 20 Semaine avril mai lundi mardi mercredi jeudi vendredi samedi dimanche 19 Trade Prof.Pierola The multinational enterprises and the Prof Cortes Trade Prof.Pierola Prof Hahn Page /19

21 du 20 avril au 26 avril, 20 Semaine avril mai lundi 20 mardi 21 mercredi 22 jeudi 23 vendredi 24 samedi 25 dimanche 26 Mergers and Prof Banke Mergers and Prof banke Mergers and Prof Banke Mergers and Prof banke Page /19

22 du 27 avril au 3 mai, 20 Semaine avril mai lundi 27 mardi 28 mercredi 29 jeudi 30 vendredi 1 samedi 2 dimanche 3 Trade and Prof Kessie Trade and Prof Kessie Trade and Prof Kessie Trade and Prof Kessie Page 12/19

23 du 4 mai au mai, 20 Semaine 19 mai juin lundi 4 mardi 5 mercredi 6 jeudi 7 vendredi 8 samedi 9 dimanche...international investment Prof Ziegler International investment Prof Ziegler International commercial Prof Heiskanen International commercial Prof Heiskanen 19 Page /19

24 du mai au mai, 20 Semaine 20 mai juin lundi mardi 12 mercredi jeudi vendredi samedi dimanche Public holiday Trade Wauters International commercial Prof Heiskanen Trade Wauters International commercial Prof Heiskanen Page /19

25 du mai au 24 mai, 20 Semaine 21 mai juin lundi mardi 19 mercredi 20 jeudi 21 vendredi 22 samedi 23 dimanche 24 Reserve Reserve Page /19

26 du 25 mai au 31 mai, 20 Semaine 22 mai juin Revison period lundi 25 mardi 26 mercredi 27 jeudi 28 vendredi 29 samedi 30 dimanche 31 Page /19

27 du 1 juin au 7 juin, 20 Semaine 23 juin juillet revision period lundi 1 mardi 2 mercredi 3 jeudi 4 vendredi 5 samedi 6 dimanche 7 Page /19

28 du 8 juin au juin, 20 Semaine 24 juin juillet Exams period lundi 8 mardi 9 mercredi jeudi vendredi 12 samedi dimanche Page /19

29 du juin au 21 juin, 20 Semaine 25 juin juillet exams session lundi mardi mercredi jeudi vendredi 19 samedi 20 dimanche End of year dinner 20 Page 19/19

30

31 Master Thesis In order to obtain an LL.M. degree you have to write a Master thesis of pages. This is in European Credit Transfer System-parlance the equivalent of ECTS. This requirement gives you the opportunity to write a scientific piece on a subject matter that interest you enough to spend a considerable amount of time on it. Ideally, your piece is of publishable quality and can be submitted to pertinent journals. Once you have selected the field of your interest, please contact the Professor you deem best suited to be your supervisor; we are happy to help in that process, so do not hesitate to contact us. Once that person or another lecturer have accepted the role of supervisor, you should determine with him or her the exact scope of your research and the exact topic. Your thesis topic has to be handed in by (llm@unil.ch) at the latest on December 20 for the students who enrolled in fall semester and on May 20 for the students who started in the spring semester. Please note that you are responsible for the working modalities with your supervisor during the preparation of your thesis. If you are experiencing any problems with the preparation of your thesis do not hesitate to contact us. I. Formal requirements The final thesis must include a table of content, a bibliography and the signed Code de déontologie (see attachment) prescribed by the University of Lausanne. By adding the latter document to your thesis you assume the ethical and legal responsibility of correct scientific writing. Document format The thesis must be submitted in an electronic version (only WORD or PDF) and two hardcopy versions. Font size and margins The font size should be 12 points, one-and-a half line spacing, typeface Times New Roman with a top of margin of 2.5 cm, a bottom margin of 2 cm, a left side margin of 2 cm and a right side margin of 2 cm. On the cover page of your thesis you should indicate its title, the name of your supervisor, your name, your address, the month and the year of submission.

32 Page 2 Bibliography Your bibliography lists all references you used in your thesis in alphabetical order. If you rely on case law, please also provide a table of cases. Table of content and headlines Your thesis has to be structured and contain a table of content. One possible way of structuring your work would be: 1 st PART A. I. 1. a. (1) (a) (b) II. Content The thesis is meant to show that the author is able to treat a subject in an academic way. It is a scientific work; therefore it is necessary to use language that documents the effort to be objective and balanced. Your text has to be clear, coherent and accurate in order to guide the reader through your thoughts and arguments. Remember that the aim of your thesis is to solve a problem you have chosen. Pitfalls to be avoided: - taking up questions, which are not relevant to your subject. - tackling a specific/exceptional case without clarifying what the the normal/general case is. Sources Whenever you use someone else s arguments you have to indicate this by a footnote. The footnote should always be placed as follows: In other words, the diagonal conflict that is here identified cannot be a priori solved in a satisfactory way. 1 When

33 Page 3 Footnotes, which refer to a particular word or words, have to be placed as follows: The European Monetary System was established by a resolution of the European Council 2 and its operating procedures were laid down The first time you cite a source, the footnote will indicate the initial and the surname of the author, the title of publication, the publishing house, the place and the year of publication. For subsequent references use the author s initial and surname, supra or infra note (n.) and page (p.) reference. 3 J. Pauwelyn, Conflict of Norms in Public International Law: How WTO Law Relates to Other Rules of International Law, New York: Cambridge University Press 2003, p R. Posner, Antitrust Law, Chicago: University of Chicago Press 2001, p J. Pauwelyn, supra n. 3, p Unless the reference is general you should include the exact page number (abbreviate p. ). If the passage you refer to covers more than one page, give the full range (abbreviate pp. ). For Latin terms and abbreviations you have to use italics. The following expressions are often used in academic writing: supra indication that the details have already been cited above. infra indication that details will come below. ibid. refers to the footnote immediately preceding (ibidem). 6 F. Snyder, The Effectiveness of European Community Law: Institutions, Processes and Techniques, C.M.L.R [12] 1993, p Ibid., p et seq. means the following pages (et sequentes) For expressions and terms in a language other than English you have to use italics: The Parliament s definition of force majeure should be reconsidered

34 Page 4 If you quote from a source you have to indicate which words are not yours by using quotation marks or italics. Examples of citing: a book: F. M. Scherer, Innovation and Growth: Schumpeterian Perspectives, Cambridge: MIT Press 1984, p a chapter in a book: G. Marenco, The Birth of Modern Competition Law in Europe, in A. von Bogdandy, P. Mavroidis and Y. Mény (eds.) European Integration and International Coordination: Studies in Transnational Economic Law in Honour of C.- D. Ehlermann, The Hague: Kluwer 2002, pp an article from a review: H. Hovenkamp, Post- Chicago Antitrust: A Review and Critique, Colombia Business Law Review [34] 2001, p legal texts or cases: Directive 94/62 on Packaging and Packaging Waste, [1994] OJ L 365/5. ECJ, 8 May 2003, case C- 0/01, Gantner Electronic GmbH [2003] ECR I- 4207, para. 43. EC Commission Notice - Guidelines on Vertical Restraints [2000] OJ C 291/1, para. 49. Internet sources must also be referenced. It is used to indicate the website address and the latest date of consultation. Hague Conference on Private International Law, Prelim. Doc. N. A, March, 20: Accessing the Content of Foreign Law and the Need for the Development of a Global Instrument in this Area A possible Way ahead, available at (accessed:..20). There are different ways of citing articles, books and web sites. Please keep in mind that the basic test for your (consistent and homogenous) citation format has to be: can the reader identify and find your source? Your supervisor may ask you to provide her or him with a copy of your sources.

35 Page 5 III. Thesis submission procedure The thesis must be submitted at the latest on May 20 by :00 Lausanne time for the students who started in the fall semester and on December 20, :00 Lausanne time for the students who started in the spring semester. The student has to send an electronic version of the document to llm@unil.ch and mail or bring two hard copies of your thesis to the LL.M. Secretary, Internef Building, CDCEI, Office 301, CH Unil- Dorigny. Please note that our team will send your thesis to your supervisor. However, you are welcome to put your supervisor in cc, so that he receives the work without any delay. A request for prolongation of the Master thesis deadline has to be addressed in writing to Professors Hahn and Ziegler. If accepted, the next deadline is applicable, unless other arrangements are agreed upon. IV. Plagiarism Policy As mentioned above, your thesis must be submitted with a signed declaration (Code de déontologie) that you assume the ethical and legal responsibility of correct scientific writing. In particular, you assure that you submit your own work and do not commit plagiarism. Severe penalties and disciplinary sanctions, including expulsion from the University of Lausanne, may ensue a violation of this policy. The LL.M. routinely checks all theses for plagiarism with a state-of-the-art detection software program.