Islamic and Middle Eastern Law
"Islamic and Middle Eastern Law" gives an overview of classical Islamic law and its current development and application in Middle Eastern countries. Besides studying the historical and political foundations, the Sunni law schools and the methodological aspects of Islamic law, particular fields of law, as Islamic criminal and medicine law are also taken into account. Islamic family law is a main focus of this module since it is the field of law which is being applied in most of the countries in the Middle East in a nearly classical form.
Financial Market Law
"Financial Market Law" addresses the international financial architecture incl. the most important international financial institutions (such as IMF, World Bank Group, Bank for International Settlement, IOSCO, OECD) and the organizations regulating certain aspects of the financial markets such as the WTO and the European Union, the key principles of financial regulation (financial stability, transparency), the basic principles of Islamic financial law, the legal framework of the monetary order and the banking and securities systems (incl. organizational and behavioral rules to be observed by the financial intermediaries and the stock exchanges) as well as the most important types of contracts and agreements in the financial markets.
International Criminal Law
The first section of this course will explore the sources and objectives of international criminal law. It gives an overview of its historical development (Nuremberg and Tōkyō International Military Tribunals) and explains the relationship between prosecutions of international crimes in national courts and international prosecutions. We will then analyze the substantive law of international crimes (genocide, crimes against humanity, war crimes, aggression, terrorism) including the general principles of liability (perpetration/commission, aiding and abetting, ordering/instigating, attempt, conspiracy, superior responsibility etc.). The final part of this section covers sentencing, penalties and restitution to the victims of international crimes.
The second section of the course will examine the politics, practice, and jurisprudence of some of the international and hybrid-international criminal tribunals, and particularly the ICTR, ICTY, Special Court for Sierra Leone, the Special Panels for Serious Crimes in East Timor, and the Extraordinary Chambers in the Courts of Cambodia (Khmer Rouge Tribunal). We will examine key cases involving particularly dynamic areas of their jurisprudence, such as crimes of sexual violence and the development of the doctrine of joint criminal enterprise (JCE). We will also examine the political constellations that led to their creation and the way in which these constellations influenced their mandate and performance.