International Civil Procedure - Master
Masteremne
- Studiepoeng
- 10
- Undervisningssemester
- Haust
- Emnekode
- JUS3519
- Talet på semester
- 1
- Undervisningsspråk
- English
- Ressursar
- Timeplan
Emnebeskrivelse
Mål og innhald
There is an old saying that being right and being proven to be right at court are two different things. In the end, the value of rights depends on their enforceability - and on their prior determination in legal proceedings by courts and tribunals.
Legal proceedings in international cases raise numerous issues ranging from jurisdiction and procedure in cross-border proceedings to the recognition and enforcement of foreign judgments. Those issues are dealt with by the national law of a country. On the other hand, considerable efforts have been made to unify these rules and to simplify the formalities with a view to a rapid and simple system recognition and enforcement of judgments, both on the international level as well as within Europe. Consequently, national laws have been supplemented, and partly replaced by numerous international instruments which themselves have various legal qualities.
The course deals with the problems raised by cross-border proceedings and the recognition and enforcement of foreign judgments, and with the rules governing these issues. It follows a problem-based and comparative approach. With respect to the rules and instruments it will put an emphasis on the Lugano Convention and relevant EU Regulations, and set them within the framework of international instruments like Hague Conventions.
Læringsutbyte
By the end of the course, students will be able to:
- have an advanced understanding of the concepts and principles of international civil procedure, of jurisdiction and procedure in cross-border proceedings, and of recognition and enforcement of foreign judgments in various fields;
- detect and critically discuss procedural problems in international cases;
- identify and interpret legal sources of international, European and national law in a methodological way, and to apply them to a set of facts which is up to current academic and professional standards;
- carry out advanced tasks and works independently or with a group, analyze legal problems, write and present their findings, and participate in discussions in a scholarly manner.
Studiepoeng, omfang
Studienivå (studiesyklus)
Undervisningssemester
Undervisningsstad
Krav til forkunnskapar
Tilrådde forkunnskapar
Studiepoengsreduksjon
Krav til studierett
The course is available for the following students:
- Admitted to the five-year master programme in law
- Admitted to the two-year master programme in law
- Granted admission to elective courses at the Faculty of Law
- Granted additional right to study following completed Master in Law degree at UiB
- Exchange students at the Faculty of Law
The pre-requirements may still limit certain students' access to the course
Arbeids- og undervisningsformer
Lectures and seminars
A mix of classic and Socratic method will be used. All students are therefore expected to prepare in advance for class and to participate in class discussions.
Obligatorisk undervisningsaktivitet
Mandatory paper of min. 1500, max 1600 words. Students who have failed the paper will be given an opportunity to write a new paper prior to the school exam. The paper will be awarded a pass/no pass. No grade will be given.
Students will have to attend a mandatory seminar focusing on case analysis and in-depth discussion of current issues, and as part of the seminar present a case.
Vurderingsformer
Exam only in semester with teaching
Three-hour digital school exam. No re-sits.
Information about digital examination can be found here:
http://www.uib.no/en/education/87471/digital-examination.
Exam language:
- Question paper: English
- Answer paper: English
Karakterskala
Vurderingssemester
Litteraturliste
Emneevaluering
Hjelpemiddel til eksamen
Support materials allowed during school exam:
See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.
In addition: Collection of relevant material supplied by the Faculty of Law
Special regulations about dictionaries:
- According to the Regulations for Studies, one dictionary is permitted support material during the examination. Bilingual dictionaries containing for example both Norwegian-English and English-Norwegian are considered as one dictionary.
- Bilingual dictionaries to/from the same two languages - for example Norwegian-English/English-Norwegian - in two different volumes are also considered as one dictionary (irrespective of publisher or edition).
- Dictionaries as described above cannot be combined with any other types of dictionaries.
- Any kind of combination which makes up more than two physical volumes is forbidden.
- In case a student has a special need for any other combination than the above mentioned, such combination has to be clarified with/approved by the course coordinator minimum two weeks before the exam. Students who have not been granted permission to have a special combination minimum two weeks before the exam will be subject to the usual regulations (Section 3-5) about examination support materials.