Master In International Law

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MASTER IN INTERNATIONAL LAW (LL.M. int.) -

INVESTMENTS, TRADE AND ARBITRATION – 6th YEAR

Offered by the Faculties of Law of the University of Heidelberg and the University of Chile, with the academic support of the Max-Planck Institute for Comparative Public Law and International Law and of the Institute of International Studies of the University of Chile. OBJECTIVES The Programme aims mainly at offering a comprehensive analysis of current and prospective trends in the field of international law in an era of globalization, as well as in that of international trade and investments, and in the methods for arbitration and settlement of disputes in these areas. The impact of globalization on sources and subjects of international law will be examined. Recent developments in the fields of the international economic law, the protection of the environment and State responsibility, as well as the relevant issues confronted in the international society over the last few years shall likewise be studied. Emphasis shall be placed on subjects relating to the regulation of international trade, particularly the law of international trade, investments law and the settlement of disputes. In this context, special attention shall be given to subjects such as international arbitration, procedures before the World Trade Organization and ICSID. ORGANIZATION The Master´s Programme in International Law, with special reference to Investments, Trade and Arbitration is available to lawyers and graduates of juridical sciences on a worldwide basis. The Master´s Degree in International Law (LL.M. int.) shall be awarded by the University of Heidelberg and the University of Chile. Participants obtaining the Master´s Degree in international Law will qualify for pursuing doctoral studies at the University of Heidelberg. The Programme is organized on a yearly basis. Three terms shall be offered in Santiago de Chile, at the Heidelberg Center for Latin America. The curriculum includes a three month period for the preparation of the thesis. A final one month term shall be offered in Heidelberg, at the Max-Planck Institute and the University of Heidelberg. During the latter, students shall participate in two workshops and complete their theses.

A minimum of eight courses will be offered in each term held in Santiago, while during the Heidelberg term there will be two workshops. All courses are compulsory. The final exam (defense of thesis) for the Master´s Degree in International Law shall take place in Heidelberg. Defense of thesis may exceptionally be held in Santiago de Chile. The best thesis will be published like articles by the Max-Planck Institute for Comparative Public Law and International Law or by the Institute of International Studies of the University of Chile. Courses will be conducted in either Spanish or English. Courses in the German language shall be available to participants free of cost. ACADEMIC DIRECTORS Professor Dr. Rüdiger Wolfrum, University of Heidelberg, Director of the Max-Planck Institute for Comparative Public Law and International Law; President of the International Tribunal for the Law of the Sea. Professor María Teresa Infante Caffi, University of Chile, Institute of International Studies. HONORARY DIRECTOR Professor Dr. Francisco Orrego Vicuña, University of Chile, Institute of International Studies; President of the Institute of International Law (IDI) ACADEMIC TERMS The Programme shall start on 14 April, 2009 and terms will be distributed according to the following schedule, corresponding to the Southern Hemisphere calendar: Fall, Winter and Spring: from April to December 2009. Courses shall take place in Santiago de Chile. Summer: from December 2009 to February 2010. Draft thesis. Heidelberg Term: March 2010. Workshops and completion of thesis.

CONTENTS FALL TERM (April- June 2009) I. International Law and Globalization 1. Great topics of the Contemporary International Law: a. The philosophic and economic approaches. b. Major challenges of international law in the twenty-first century. 2. Introduction to contemporary international law:

a. Nature, structure, sources. b. Bases of jurisdiction in the International Law 3. The changing role of subjects of international law: issues relating to State sovereignty and the role of individuals and international organizations. 4. The settlement of disputes in contemporary international law: new issues. II. New issues and prospects in the field of Contemporary International Law: the international economic law, protection of the environment and the individual. 1. The emerging of International Economic Law. 2. Protection of the global environment: interaction of individuals, the State and international organizations. 3. Rights and obligations of the individuals under International Law. III. International trade and new regulation: from the WTO to Free Trade Agreements 1. Development of law governing international trade under main GATT/WTO rules. 2. Increase of competition in international trade: antidumping, subsidies and other issues raised by the WTO. IV. The methodology of research. FALL WORKSHOPS Workshop I: Introduction to German Law Workshop II: State responsibility under International Law.

WINTER TERM (July- September 2009) I. International trade and new regulation: from the WTO to Free Trade Agreements (continuation) 1. SPS, TBT, TRIPS and ATC under the WTO: issues concerning substantive law and the settlement of disputes. 2. The Settlement of Trade Disputes Under the WTO: Panels, Appellate Review and Implementation of Decisions. 3. The Chilean experience in the System of Dispute Settlement under the WTO. 4. Trade in Services: WTO, FTA, etc. 5. Government procurement. 6. Regional economic integration as a mechanism for regulating international trade: 6.1. The EU/EC as an advanced model. 6.2. The experience of economic integration in Latin America: MERCOSUR, Andean Community, Central American Community, Caribbean Community. 7. The system of Free Trade Agreements. 7.1. The Association Agreement between Chile and the European Union: free trade and comprehensive cooperation. 7.2. The Free Trade Agreement between Chile and the United States. 7.3. New issues relating to trade and the environment.

II. Intellectual property 1. Intellectual property: issues concerning international regulation. 2. Intellectual Property and national legislation: the need to update.

SPRING TERM (September- December 2009) I. The regime of international investments 1. Diplomatic Protection and its evolution in the light of new needs of international investments. 2. The protection of international investments under International Law, bilateral Investment Treaties, legislation and contracts: substantive treatment. 3. The treatment of investments under the Chilean legislation, the BIT’s and the Chile-U. S. Free Trade Agreement. 4. Investments and trade. II. International arbitration systems in the field of investments. 1. ICSID a. Case Studies. 2. NAFTA and Free Trade Agreements. a. Jurisdictional aspects. b. Procedural aspects. c. Substantive issues. III. Commercial arbitration. 1. International Commercial Arbitration: new problems. 2. Commercial arbitration under the Rules of the International Chamber of Commerce: an introduction. 3. Other International Commercial Arbitration Rules: AAA, LCIA, UNCITRAL, Chilean Law of International Commercial Arbitration. SPRING WORKSHOPS Workshop III: General principles of international contracts. Workshop IV: Evaluation of research methodology in connection with the thesis. Heidelberg Term (March 2010) In the course of this term, students shall participate in the following workshops: Workshop V: The individual and the State in contemporary Europe: issues in international and community law. Workshop VI: Managing the international society under the rule of law: new challenges for international law. Class schedule

Tuesday to Thursday: 6.30 to 9.00 PM Some classes will be held on mondays at the same time. Requirements Applicants must meet the following requirements: a. Holding a degree in juridical sciences granted by a Chilean or foreign university. b. Having an outstanding record of achievement throughout their law studies. c. A good command of both English and Spanish. Deadline for application 23 January 2009.

Starting Date 14 April 2009.

Fees Application fee: Registration fee: Tuition fee:

€100 (one hundred euros) € 115 (one hundred and fifteen euros). € 7.500 (seven thousand five hundred euros).

Tuition fees cover stay in Germany and can be paid in full or in ten installments, either in euros or their equivalent in Chilean pesos. The Programme considers the possibility of granting scholarships in special cases. The German Academic Exchange Service (DAAD) provides a limited number of scholarships for this program. The requirements are: excellent academic record, need for financial support.

Information For further Information, please contact: Heidelberg Center for Latin America Las Hortensias 2340, Providencia, Santiago de Chile Tel.: 56 (0) 2 –234 34 66/ 234 96 31 Fax: 56 (0)2 – 234 37 81 E.mail: [email protected] Web: www.heidelberg-center.uni-hd.de

www.ieiuchile.cl www.derecho.uchile.cl

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