DESCRIPTION OF THE COURSES – Summer school 2021
The Civil Law System in a Comparative Perspective (8 hours)
The course will bear on “continental law” in general and focus on the main features of the civil law systems that are its component parts. A comparison will necessarily be made with some common law systems, mostly England and the United States. Special emphasis will be placed on the following points: 1 – The historical formation of the civil law systems, from the fall of the Roman Empire to the revival of Roman law in the XIth and XIIth centuries, to the great movement of codification which started in Europe in the 19th century and spread throughout the world. 2 – The fundamental role of the sources of law with a distinction between primary sources and secondary sources and their inter-action. 3 – The structure of the civil law systems: divisions and principal actors. 4- Civil law methodology contrasted with common law methodology in practice: analysis of cases and problems. 5- Conclusion: a common law look at the civil law.
European and International Contract Law (8 hours)
The course deals with the topics of European Contract Law and International Commercial Contracts. As to European Contract Law, the analysis concerns the problematic aspect of the diversity of legal systems and the significance of the General Principles of European Contract Law as conceived by the Lando Commission. The action of legal science and the debate on a European Code of Contracts will be discussed, focusing on the issue whether the harmonization of laws is deemed necessary to establish a single market within the European Community. As to the International Commercial Contracts, the inquiry explores the ratio and purposes of the UNIDROIT Principles for International Commercial Law. They undoubtedly have come to play a weighty role in the contemporary legal landscape, as numerous publications, but also numerous references in arbitral and judicial decisions and legislative projects reveal.
Settlement of International Disputes (8 hours)
The course aims to provide students with a basic introduction to the theory and practice of international arbitration, the preferred method of dispute resolution in international commerce. It will familiarises the students with the framework of international treaties, national law and soft law instruments that undergird the international arbitral system, and introduce such key concepts in international arbitration, as arbitration agreements, place of arbitration, arbitrators, constitution of the arbitral tribunal, interim measures, arbitral awards, arbitration and state courts, among others. The course also intends to familiarize the students with the procedural aspects of the arbitration system organized under the auspices of the International Chamber of Commerce (ICC), which is headquartered in Paris.
Constitutional Courts and Fundamental Freedom (4 hours)
The course aims to discuss some major themes of constitutional law in a comparative way. The first topic is about State comparative analysis. The State is the subject of great changes throughout the world, and especially in Europe, which question the State’s legal categories. The second theme deals with the transformations of political regimes. There is a strengthening of the executive power to the detriment of the national Parliaments all around the world (in Africa, in Latin America, in Europe…). This observation asks about the meanings of « the separation of powers » of Montesquieu. Finally, the course will focus on constitutional justice and the protection of fundamental rights. Traditional models of constitutional justice are evolving and becoming mixed. It will be necessary to determine whether this allows of a better protection of fundamental rights.
International Family Property Law (8 hours)
Description of the course coming
Digital Law – Protection of Personal Data (8 hours)
The course will be organized around two parts. First of all, the main issue will be to present the challenges of digital law, which is at the heart of the concerns of the European legislators. Digital is not an isolated subject, but requires an adaptation of practices in many sectors : consumer law, intellectual property law, competition law…
It will not be possible to detail each of these areas, but the course will focus on highlighting the main issues in these different areas. We will discuss the main principles and analyze texts, guidelines and case law which are take in account to build the new digital law in Europe.
The second part of the course will be more specific to the personal data protection law and in particular to the regulation, which is in force since May 2018. We will study, the scope of the regulation, even the territorial one, the new philosophy of accountability, which is promoted by the regulation, the new rights enshrined to the data subject and the (practical) consequences to the data controllers.