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

 

Nenhum curso relacionado no momento.

  • 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

    |

    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
  • Out
    2014

    Business Law

    Francisco Marcos
    IE Law School
  • Matthew Taylor

    Professor Taylor's research and teaching interests include corruption and organized crime, judicial politics, and Latin American political economy. He has lived and worked extensively in Brazil, most recently as an assistant professor at the University of São Paulo.

  • Professor Dr. Michael Nietsch is holder of the Chair for Civil Law, Company Law, and Securities Markets Regulation.

    Before taking up his professorship at EBS Law School on 1 October 2011, Professor Nietsch previously held the position of assistant to the director at the Institut für Deutsches und Internationales Recht des Spar-, Giro- und Kreditwesens at Johannes Gutenberg-Universität, Mainz. He studied law in Bonn, Bologna and Muenster, completing the first state examination in law in 1996 and the second state examination in 2000. Michael Nietsch was subsequently employed as a research assistant at the Chair of Civil Law, German and International Business and Employment Law at the Technischen Universität Darmstadt (Prof Uwe H. Schneider), where he gained a doctorate with his thesis “Internationales Insiderrecht” (International Insider Law). In 2009, Michael Nietsch earned his postdoctoral professorial qualification (Habilitation) at the Technischen Universität Darmstadt in the subjects Civil Law, Commercial and Company Law, Capital Market Law, Civil Procedure and European Law. His professorial thesis is titled: “Die Freigabe von Beschlüssen nach §§ 246a, 319 VI AktG, 327e II AktG, § 16 III UmwG” (Release of Rulings according to §§ 246a, 319 VI German Stock Corporation Act, 327e II German Stock Corporation Act, § 16 III German Environmental Act).

  • Michael Schilling joined King’s College London in 2007, and is now a Senior Lecturer in International Commercial and Financial Law, following three years as the DAAD Lecturer in Law at the School of Law, University of Sheffield. Michael read law at the University of Erlangen-Nuremberg, obtained his LL.M. from King’s College London and his Dr.iur. from Humboldt University Berlin. He has taught at the University of Erlangen-Nuremberg, the University of Passau and the University of Helsinki.
    Michael’s research interests lie broadly in the areas of transnational, European and comparative private and commercial law with particular emphasis on contract, company and corporate insolvency law. Michael is currently working on a book – Comparative Company Law – Text, Cases and Materials (with Carsten Gerner-Beuerle) for Oxford University Press.

  • Morag Goodwin

    Morag holds a Ph.D. from the European University Institute, Florence (2006) in the area of international law, more specifically the recognition and participation of non-state actors in international governance. She holds an LL.M. (distinction) in International Law from the University of Nottingham (2000) and an M.A. Hons. (1st) in History from the University of Edinburgh (1995-96; 1997-9). She also pursued her undergraduate studies at the University of Tübingen (Germany), where she studied history and German (1996-7).Prior to taking up her doctoral studies, she worked for the European Roma Rights Center, Budapest, as a researcher in the Research and Publications Dept. (2000-2001). Morag worked at Maastricht University from 2004-2008, combining research and teaching obligations with the position of Executive Editor of the Maastricht Journal of European and Comparative Law. She has sat on the Editorial Board of the internationally-renowned German Law Journal (www.germanlawjournal.com) since 2002.

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