Professores Visitantes

Além dos programas de intercâmbio, a Escola também incentiva a realização de seminários e conferências internacionais, além de oferecer cursos de curta duração ministrados por professores visitantes. 

Ementas dos Cursos

 

  • Mai
    2015

    Business Regulatory Systems in China

    Qing Zhan

    Visão Geral

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    Referências

    This course includes a general examination of the business regulatory framework, substantial and procedural law that empowers and constrains a wide range of regulatory bodies in China. We will also look at the ways individuals obtain remedies and compensations when their lawful rights and interests are infringed by a specific act of the regulatory bodies.
    Course Objectives
    o Students will have a good grasp of basics of business regulatory systems in China and the economic, social and political context in which the law operates.
    o Students will be able to identify and evaluate an array of issues of current concern in the business regulatory reform, including market entry regulations by licensing and registration.
    o Students will be able to conduct independent research in covered areas of business regulatory law in China
    The course is based on literatures and empirical data related to the business regulatory framework in China. Literatures and data will be presented in lectures and demonstrations. Papers and issues will be discussed in Class. Students will be able to present their ideas in class.

    • Peter Howard Corne, Foreign Investment in China: The Administrative Legal System, Hong Kong University Press (1997)
    • Anthony Ogus, Regulation: Legal Form and Economic Theory (Hart, 2004)
    • Qing Zhang, ‘The Chinese Regulatory Licensing Regime for Pharmaceutical Products: A Law and Economics Analysis’(2009), 15 Michigan Telecommunication & Technology Law Review, 417-452.
    • Anthony Ogus and Qing Zhang, ‘Licensing Regimes: East and West’ (2005), 25 International Review of Law and Economics,124-142
    • Qing Zhang and Anthony Ogus, ‘Licensing Procedures in Developing Countries: Should They be Part of Set-up Process?’ (2005), 28 International Journal of Public Administration,1091-1108.
    • Shirley.Svorny, 2000, Licensing, Market Entry Regulation, in: B. Bouckaert and G. De Geest, (eds.), Encyclopedia of Law and Economics, Vol. 3, Cheltenham: Edward Elgar Publishing Ltd.
    • Feng Lin, Administrative Law: Procedures and Remedies in China, Sweet & Maxwell, 1996
    • Donald C. Clarke (ed.), China's Legal System: New Developments, New Challenges, Cambridge University Press (2008 )
    • Susan Rose-Ackerman & Peter L. Lindseth, Comparative Administrative Law, Edward Elgar (2010)
  • Mai
    2015

    Law and Development in China

    Weitseng Chen

    Visão Geral

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    Referências

    China’s rise posts various challenges to conventional thinking, as captured in the fashionable term “Beijing Consensus” that depicts a Chinese model for law and development. Given China’s economic performance, if state-owned enterprises can promote economic development, why privatize? If the public ownership fits the market economy, why liberalize? If private banks and insurance companies are too big to fail and require public bailout when in crisis, why privatize state banks in the first place? Also, if the authoritarian system works well in generating growth, why democratize? If the state capitalism is so successful, why free market? The list of doubts may go on and on but it reveals more ambiguity of the Chinese model, if any, than exact configurations of legal institutions and relevant practices. What exactly are the institutional factors that have made China’s economic growth a success and whether or not they are sustainable?
    This course aims to unveil these puzzles by a thorough examination of a wide range of legal institutions and their practices in China, including political system, property, contract, corporate law regime, foreign investment and financial institutions. The objective of this course is to provide students with a comprehensive understanding and analytical framework for various law and development topics in light of Chinese experiences. Scholars of law and development stress that institutions matter, but how they matter and which institutions matter most remain hotly contested questions. As such, the lecturer will work with students to continuingly ask and answer why and how China has been able to offset its institutional weaknesses while achieving impressive economic results both at home and worldwide without moving closer to the existing models of western countries. Instead of focusing only on China, this course aims to use Chinese experiences to shed light on the evolution of legal institutions concerning economic development and to scrutinize and enrich contemporary legal theories that have not been examined with great care in the context of non-western countries.

    • Donald Clarke et al., The Role of Law in China's Economic Development, in CHINA’S GREAT ECONOMIC TRANSFORMATION (Loren Brandt & Thomas G. Rawski eds., 2008)
    • Barry Naughton, The Socialist Era, 1949-1978: Big Push Industrialization and Policy Instability, in THE CHINESE ECONOMY: TRANSITIONS AND GROWTH, pp.55-84 (2007)
    • Richard A. Posner, Creating a Legal Framework for Economic Development, The World Bank Research Observer, Vol. 13, No. 1, pp. 1-11 (1998)
    • Kevin E. Davis & Michael J. Trebilcock, The Relationship between Law and Development: Optimists versus Skeptics, 56 AM. J. COMP. L. 895 (2008)
    • TONY SAICH, GOVERNANCE AND POLITICS OF CHINA, pp. 142-178 (3rd edition, 2011)
    • R. Peerenboom & Weitseng Chen, The East Asian Model and Developing the Rule of Law, in POLITICAL CHANGE IN CHINA: COMPARISONS WITH TAIWAN (Larry Diamond & Bruce Gilley eds., 2008)
    • Francis Fukuyama, China and East Asian Democracy: The Patterns of History, JOURNAL OF DEMOCRACY, Vol. 23, No.1, at 14 (2012)
    • LILY L. TSAI, ACCOUNTABILITY WITHOUT DEMOCRACY: SOLIDARY GROUPS AND PUBLIC GOODS PROVISION IN RURAL CHINA (2007)
    • Fu Hualing, Challenging Authoritarianism through Law: Potentials and Limit, NATIONAL TAIWAN UNIVERSITY LAW REVIEW, Vol. 6, at 339 (2011)
    • Xin He, A Tale of Two Chinese Courts: Economic Development and Contract Enforcement, JOURNAL OF LAW AND SOCIETY, Vol. 39, No. 3, 384-409 (2012)
    • Simon Johnson et al., Courts and Relational Contracts, THE JOURNAL OF LAW, ECONOMICS, & ORGANIZATION, Vol. 18, Issue 1, at 221(2002)
    • Madeleine Zelin, The Firm in Early Modern China, 71 JOURNAL OF ECONOMIC BEHAVIOR & ORGANIZATION 623 (2009)
    • Don Clarke, Order without Order in Chinese Corporate Governance Institutions, 30 Nw. J. Int’l L. & Bus. 131 (2010)
    • Susan H. Whiting, The Regional Evolution of Ownership Forms: Shareholding Cooperatives and Rural Industry in Shanghai and Wenzhou, in PROPERTY RIGHTS AND ECONOMIC REFORM IN CHINA, pp. 171-200 (1999)
    • Robert Ellickson, The Costs of Complex Land Titles: Two Examples from China, PROPERTY RIGHTS CONFERENCE JOURNAL, Vol. 1, at 281 (2012)
    • Donald Clarke, China’s Stealth Urban Land Revolution (George Washington University Law School, working paper, Feb. 22, 2012)
    • Eva Pils, Waste No Land: Property, Dignity and Growth in Urbanizing China, ASIAN-PACIFIC LAW & POLICY JOURNAL, Vol. 11, issue 2, at 1 (2010)
    • Minxin Pei, Fighting Corruption: A Difficult Challenge for Chinese Leaders, in CHINA’S CHANGING POLITICAL LANDSCAPE (Cheng Li ed., 2008)
    • Andrew Brady Spading, The Irony of International Business Law: U.S. Progressivism, China’s New Laissez Faire, and Their Impact in the Developing World, 59 U.C.L.A. L. REV. 354 (2011)
    • Weitseng Chen, Institutional Arbitrage: China’s Economic Power Projection and International Capital Markets, COLUMBIA JOURNAL OF ASIAN LAW, VOL. 26, NO.2 (2013)
    • Michael Schuman, Is the Chinese Yuan Becoming a Rival to the Dollar? TIME (Feb. 15, 2011)
    • Katharina Pistor, The Governance of China's Finance, in CAPITALIZING CHINA (Joseph P. H. Fan & Randall Morck eds., 2012)
    • Yasheng Huang, Debating China’s Economic Growth: The Beijing Consensus or The Washington Consensus, ACADEMY OF MANAGEMENT PERSPECTIVES, pp.31-47 (May, 2010
    • Li-Wen Lin & Curtis J. Milhaupt, We Are the (National) Champions: Understanding the Mechanisms of State Capitalism in China, 65 Stanford L. Rev. 697 (2013)
  • Abr
    2015

    Public Procurement in a globalized World - public procurement according to International and European Law

    Nuno Cunha Rodrigues
    FDUL
  • Abr
    2015

    Comparative Corporate Law

    Marco Venturozzo
    Penn State University

    Visão Geral

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    Referências

    Corporate law is increasingly a global topic. In order to fully understand the business law environment, lawyers, judges, business people and scholars can no longer limit themselves to one legal system.  This is not only because in an increasingly global world, business transactions are not confined by national boundaries, but also because regulatory models and rules circulate among different legal systems.  This short course examines selected issues concerning corporate law and international corporate transactions in a comparative perspective, focusing in particular on U.S. and European law, but not only.  It builds on over 15 years of experience practicing, writing, and teaching in the area of comparative corporate law: the instructor has been trained in both civil and common law, and is currently a professor of law both in the U.S. and Italy.  The course also builds on a casebook on Comparative Corporate Law that will be published in 2015 by West Academic Press, authored by the Instructor. The course has been taught in a similar format to law students and practitioners from lots of different legal cultures, at Universities and Law Schools in Germany, Spain, India, China, U.S., Italy, just to mention a few.

    Topics covered include the incorporation process, piercing the corporate veil, the financial structure of the corporation (shares and bonds), shareholders’ agreements, corporate governance (in particular, directors’ liability), M&As and hostile takeovers.  The goal is to offer to students a solid understanding of different legal approaches to common substantive problems, in order to stimulate them both to consider critically their own legal system, and to be aware of important problems that might arise when dealing with international corporate and business transactions.  For these reasons, the course has both theoretical and practical goals: from a more theoretical perspective, it challenges students to think “out of the box”; from a more practical perspective, it broadens their legal culture discussing different regulatory strategies, adopted in different legal systems, in order to govern corporate and business transactions.

    • Ross A. Wilson v. Louisiana-Pacific Resources
    • Centros
    • Sample of AOI and bylaws
    • Baatz v. Arrow Bar
    • Walkovsky v. Carlton
    • Excerpt from M. VENTORUZZO AND OTHERS, Comparative Corporate Law, West, forthcoming 2015, Piercing the corporate veil in civil law systems.
    • Vantage Point v. Examen
    • Morgan Stanley v. ADM
    • Commission of the European Communities v. Kingdom of Spain – C-338/06
    • Practical Exercise: Negotiating and Drafting a Shareholders’ Agreements Limiting the Transferability of the Shares
    • Smith v. Van Gorkom
    • Today Homes v. Williams
    • Practical Exercise: Calculating and Negotiating the Exchange Ratio in a Merger
    • Hariton v. Arco
    • Unocal Corp. v. Mesa Petroleum
    • M. VENTORUZZO, Europe’s Thirteenth Directive and U.S. Takeover Regulation: Regulatory Means and Political and Economic Ends, 41 Tex. Int’l L. J. 171 (2006)
  • Out
    2014

    Modernity and the Autonomy of Law in Historical Perspective: a Comparative Study of Germany and Brazil in the 19th Century

    Joachim Rückert
  • Out
    2014

    Business and Human Rights

    Willem van Genugten
    Tilburg Law School
Nenhum resultado.

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