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LL.M. in International and European Law


Course Description: a challenging course-offering

The overall objective of the Master Programme is to provide international students with a broad advanced education in international and European law which prepares them for further (PhD) research and/or private/public employment at international legal and policy making levels. Below is the full description of all courses. 

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International Law and Legal Systems of the World
Professor: Erik Franckx and Ricardo Gosalbo Bono
Contact hours: 26 Education form: lecture Exam:  written final
The course contains two segments. The first segment refreshes students on the basic issues of international law such as sources, international personality, territory, treaty law, and dispute settlement. The second segment offers a general introduction to those legal systems (i.e. civil law, common law, Muslim law and the "conflict avoiding" Asian tradition) which provide the legal, conceptual and judicial basis for European Union and international legislation and case-law. The purpose of the course is to broaden the strict horizons of national law and to equip students and practitioners with those elements of the different legal systems which are at the core of the elaboration and application of uniform law; the approximation of laws within the European Union and the development of International Law.

Institutional Framework of the European Union
Professor: Youri Devuyst
Contact hours: 26 Education form: lecture Exam: mid-term + final
(written preparation with oral follow-up)
This course provides a general introduction to the European integration process and the European Union. The first part focuses on the historical origins and development of European integration (1945-present, including the evolution in EC/EU Treaties and the evolution in EC/EU membership). The second part is devoted to the complex division of competences between the EU and its Member States. In the third part, the EU’s institutional framework is discussed. Attention goes to the composition, powers, decision-making and functioning of the EU’s institutions (European Council, European Commission, Council of Ministers, European Parliament, co-decision procedure). The fourth part concerns the outcome of the decision making procedures. It involves an analysis of the EU’s legal acts and the open coordination method.

Globalization, International Law and Sustainable Development
Professor: Servaas van Thiel
Contact hours: 26 Education form: lecture Exam: team paper + written final
The course focuses on the question whether existing international governance structures are capable of effectively responding to the main economic, social and environmental challenges arising from globalisation. The course starts from the emerging global consensus that existing and emerging international law and global governance structures can and should be used to steer the globalisation process towards the achievement of the economic, social and environmental objectives inherent in the concept sustainable development. Following a brief introductory part, which will discuss basic concepts (globalisation, global governance, emerging consensus on sustainable development) as well as preconditions for sustainable development (peace and security; respect for the rule of law and human rights; participatory decision-making) the course will address the question how relevant international law and organisations deal with the economic concerns of globalisation (the Millennium Goals and the need for poverty eradication, provision of basic needs, and economic development, Washingtonian consensus, WTO Doha Development Round, UNCTAD, international investment and technology flows, guidelines for TNC), the social concerns of globalisation (1995 Copenhagen World Summit, employment and labour standards and the ILO, public health and the WHO, humanitarian relief to refugees and asylum and UNHCR/Red Cross, education and information society and ITU/WSIS) and the environmental concerns of globalisation (from 1992 Rio to 2002 Johannesburg, multilateral environmental agreements, Commission on sustainable development and UNEP).

International Economic Organizations
Professor: Frank Hoffmeister
Contact hours: 26 Education form: lecture Exam: written final
The course first provides an overview of the main international economic organizations, with particular attention for the structure and functioning of the "Bretton Woods" institutions (International Monetary Fund, World Bank). It also includes the basics of international investment law and protection offered by the International Convention on the Settlement of Investment Disputes (ICSID). The course then concentrates on the main contemporary international economic organization, the World Trade Organization (WTO). After a brief introduction outlining the main theories and facts of international trade, the main trade obstacles, and a short history of trade law, the institutional aspects (structure and functioning) of the WTO are analyzed, with special focus on the dispute settlement system. Subsequently the course will deal with the main substantive provisions of the WTO system (with focus on most-favoured-nation treatment, national treatment, removal of trade barriers), in particular those concerning trade in goods (GATT, TBT, Dumping, Safeguards), agriculture (AA), services (GATS), and intellectual property (TRIPS). Some time will also be spent on horizontal issues such as trade and environment and development. Attention will be given to the dynamic development of the law in these areas, by reference, where appropriate, to selected dispute settlement cases or to ongoing multilateral trade negotiations.

International and European Protection of Human Rights
Professor: Koen De Feyter
Contact hours: 26 Education form: lecture Exam: written final
This course has the following learning objectives:
  • to give an introduction to the genealogy/history and theory of contemporary human rights and human rights thinking
  • to discuss the main existing international (both universal and regional) systems of protection of human rights
  • to look deeper into some controversial human rights issues.
This course focuses both upon the legal aspects of human rights law and its significance for democracy, the rule of law and the viability of social diversity. Hence, full attention shall be paid not only to the historical, political, cultural and philosophical foundations of human rights, the 'generations' of human rights, the tensions between universalism and particularism and the evolution from national to international protection of human rights, but also to the universal and regional systems of protection of human rights. The latter will involve the discussion of cases.

International and European Criminal Law
Professor: Paul De Hert
Contact hours: 26 Education form: lecture Exam: oral final
The course provides an insight into the trans-border aspects of criminal law and criminal procedure. Ever growing international integration has influenced co-operation in criminal matters. The seminar considers the techniques used by states to combat criminality : assistance in the administration of criminal justice (extraterritorial competence of criminal courts, extradition, execution of foreign judgments, transmission of prosecutors, minor international legal assistance); the development of international criminal law (international conventional or customary law regulating the criminal conduct of the individual: drugs, slavery, piracy, currency, etc.); the problems of universal criminal law (war crimes, humanitarian law); the growing trend towards European criminal law (Schengen, Europol, etc.) and the study of the institutional techniques designed to administer these rules (international criminal court, ombudsman, etc.).

European and International Competition Law
Professor: Jonathan Faull
Contact hours: 26 Education form: lecture Exam: oral final
The purpose of the course is to outline the main principles of the European Community's competition policy in respect of restrictive practices, abuses of dominant position, mergers, public undertakings with special or exclusive rights and state aid. Reference is made to legislation, important judgments of the European Court of Justice and decisions of the European Commission. Both substantive and procedural questions are considered, as well as international aspects.

International and European Taxation
Professor: Servaas van Thiel
Contact hours: 26 Education form: lecture Exam: take home assignments + written final
Following a general introduction, the course concentrates on tax obstacles to the cross border movement of products and production factors and discusses the relevant legal frameworks developed at international and regional level to eliminate these obstacles or mitigate their adverse effects. It first illustrates, on the basis of cases, the main indirect tax obstacles to international trade and compares the legal remedies formulated in the framework of the WTO and the EU. Secondly, also on the basis of cases, it focuses on the main direct tax obstacles to the international movement of production factors and compares the legal remedies formulated in the framework of the OECD and the EU. In doing so all basic international (corporate) income tax issues will be discussed including the extra territorial definition of tax jurisdiction in respect of the various cross border income flows mentioned in the OECD Model Convention, the different methods to avoid double taxation and private sector techniques of tax planning, tax avoidance and tax evasion. In addition special attention will be given to the income tax case law of the European Court of Justice.

European and International Private Law
Professor: Arnaud Nuyts
Contact hours: 26 Education form: lecture Exam: written final
This course aims at developing critical awareness of major issues in Private International Law, from a European and International perspective. Thus, the focus of the course is somewhat different from a traditional course of private international law, in that the issues are not approached from a national point of view but on a comparative basis. The course takes as a starting point the new instruments of private international law which have been adopted by the European institutions, and analyses how they are applied in practice in various Member States with different litigation cultures, taking also into account as a comparison the practice in non-EU legal systems such as the United States (especially to show the influence of constitutional principles on the development of private international law rules). Without neglecting the theoretical foundations of private international law, the course deals mainly with practical issues that arise in civil and commercial disputes. The analysis stresses the development of the practitioner's skills in conflict of law methodologies. Particular attention is given to issues of jurisdiction, new techniques of international litigation such as anti-suit injunctions, worldwide freezing orders and disclosure orders, forum shopping, the doctrine of forum non conveniens. Another part of the course deals with the impact of the internet on the application of traditional conflict rules. Certain issues of cross-border judicial cooperation, such as the service of process, the taking of evidence abroad, and the proof of foreign law are also addressed in the context of international litigation.

External Relations of the European Union
Professor: Bernd Martenczuk
Contact hours: 26 Education form: lecture Exam: written final
The course examines, from a legal point of view, the external relations of the European Union. The first part of the course analyses the EU as an international actor. It traces the historical development of the EU as an international actor, examines the legal personality of the EU, the institutional framework of EU external relations, and the external competences of the EU. The second part of the course is devoted to the instruments and procedures of EU external relations, including the negotiation and conclusion of international agreements, the relationship of EU law and international law, mixed agreements, the EU's participation in international organizations, and the relationship of Member States' agreements and EU law. The third part of the course is devoted to the major policy areas of EU external relations, in particular the Common Foreign and Security Policy, the common commercial policy, development cooperation, and other cooperation policies. Throughout the course, the innovations to EU external relations brought by the Lisbon Treaty are considered and critically assessed.

EU Accession and Neighbourhood Policy
Professor: Marc Maresceau
Contact hours: 13 Education form: lecture Exam: written final
The objective of the course is to provide students with a conceptual framework of the EU’s relationship with its neighbouring countries. The course will be divided in three parts. The first part briefly examines the evolution of the legal and political framework of the relations between the EU and Central and Eastern Europe since the political and economic changes on the one hand and provides a general introduction to the legal aspects of the current relationships between the EU and its neighbours on the other. The legal framework of the relations with the enlarged EU’s proximity, including the relations with the “old” neighbours (EFTA countries), Turkey, Western Balkans and former USSR with special emphasis on relations with Russia constitute the major part of the course. Where relevant, attention will be paid to the European Neighbourhood Policy.

Judicial protection in the EU
Professor: Dirk Arts
Contact hours: 13 Education form: lecture Exam: final written exam followed by an oral exam
The objective of the course is to provide students with a conceptual framework of the EU’s relationship with its neighbouring countries. The course will be divided in three parts. The first part briefly examines the evolution of the legal and political framework of the relations between the EU and Central and Eastern Europe since the political and economic changes on the one hand and provides a general introduction to the legal aspects of the current relationships between the EU and its neighbours on the other. The legal framework of the relations with the enlarged EU’s proximity, including the relations with the “old” neighbours (EFTA countries), Turkey, Western Balkans and former USSR with special emphasis on relations with Russia constitute the major part of the course. Where relevant, attention will be paid to the European Neighbourhood Policy.

Selected Problems of E.U.-Law
Professor: Tony Joris, with participation by Pierre Mathijsen
Contact hours: 39 Education form: lecture Exam: oral final and written final
This course has two distinct segments.
The first segment provides a systematic analysis of EU Internal Market law (taught by Prof. Pierre Mathijsen).
The second segment deals with selected topics such as Economic and Monetary Union and Consumer Law.

Case Study on European Competition Law
Professor: Tony Joris
Contact hours: 39 Education form: case-study Exam: oral and written final
The purpose of this seminar is to provide legal field experience to the students (how do things work in practice?; developing analytical and presentation skills). Six or seven lawyers (tutors), all working in Brussels and dealing with European ompetition law, will assist the students in clearing a case. This case will be a hypothetical case, similar to those the tutors are familiar with in their law firm activity. Students participate actively, write an individual memorandum and present their case during an oral hearing. Each student will present and defend his/her case at an oral hearing. Students will be graded by their tutors and Prof. T. Joris

Selected Problems of International and Comparative Law
Professor: Servaas van Thiel, with participation by Edwin Vermulst, Gabriel Wilner and others.
Contact hours: 39 Education form: lecture Exam: written final
The course has several segments.
The first part consists of a series of lectures on trade defence instruments and in particular action against dumping. The second part consists of lectures on current topics in international, comparative and European law, which are given by ad hoc guest lecturers, often within the framework of the IES lecture series. Topics often are at the crossroads of EU and international law and policy. In the near future, a third part of this course could deal with international and European environmental law, and other important themes with an international, comparative and European dimension.

Master Thesis in International and/or European Law
Professor: thesis supervisor chosen on an individual basis
Independent study Education form: written paper Exam: Presentation and oral defence
All PILC students are required to submit an original Master Thesis (paper) in the field of International and/or European Law. The precise topic is chosen by the student in consultation with the supervisor (one of the Professors teaching in the Programme). The paper must be at the level of a publishable article in a solid academic law journal. Each paper is assessed by a committee composed of three Faculty members and is orally defended at the end of the academic year.