ELTE BSU 2018 - Course descriptions

ELTE BSU 2018 - Course descriptions

Dates: 13-19 August, 2018

SOCIAL PROBLEMS AND DISCRIMINATION 

Fieldwork (social sciences and cultural studies)

Recommended to: BA and MA students of any program, or PhD students with different research field

The course offers field practice opportunities with several number of agencies. Students attend as visiting social service agencies and civil organizations in a wild range spectrum. These settings include hospital or nursing home, homeless shelter, mental health center or child and youth protection services, also Roma and Jewish organizations. This opportunity allows students to synthesize they knowledge, values and skills about social problems and discrimination in general and about Hungary especially. This seminar aims to provide an integrated classroom learning and real-life field experiences.

 

TRANSNATIONAL ASPECTS OF LAW 

Recommended to: BA, MA  or PhD students of any law-related program

Economic globalisation has created a variety of situations where more states and their subjects are involved in a legal problem. The range of such transnational situtation is extremely wide, covering issues of private international law, various fields of public international law and criminal law, just to name a few. The 2018 ELTE Summer School on transnational aspect of law aims to highlight some topical issues in this field, including the settlement of international commercial disputes, white collar and corporate crime as well as international space law. The Summer School is designed to put special emphasis on a practical approach to the questions discussed.

Course details:

The summer university program is built up of three main blocks:

1. The Criminology of White Collar and Corporate Crime

Lecturer: Dr. Éva Inzelt, Assistant Professor, Department of Criminology

Course description: European citizens have recently been faced with a number of serious corporate and white-collar crimes: the Volkswagen diesel fraud; the horse meat scandal; the Italian Parmalat Fraud; Siemens corruption case etc. These forms of deliberate dishonesty by business to deceive the public, the state, and investors, cause enormous financial damage to individuals, markets and the economy of European states. In addition to financial, physical, and environmental damage; corporate crime undermines citizens’ trust in institutions.

Albeit the term of white-collar crime has been introduced by Edwin H. Sutherland in 1939 as „a crime committed by a person of respectability and high social status in the course of his occupation” (Sutherland 1949: 9), we can state that this type of crime has been existing since the establishment of the first societies. The nature of white-collar crime depends on the actual state (health) of the society which is related to the culture and the political system of a given country, as well as to the international environment via effects of political and economic relations.

The aim of the course is to answer basic criminological questions about the nature, the prevalence, offender profiles, the victimization, the causation, the prevention and the deterrence of white collar and corporate crime. During the course typical (American and European) white-collar and corporate crime cases will be analyzed, e.g. Exxon Valdez Oil Spill, the Challenger Disaster, the accounting fraud of ENRON, the Ponzi scheme of Bernard ‘Bernie’ Madoff, the Ford Pinto Case. Typical examples of this type of crime occurred in Hungary during the last three decades will be discussed.

During the course we will use films and You-tube clips to understand the cases. In the classes there will be group discussion on definitions, theories and explanations of white collar and corporate crime.

2. Mankind, Elon Musk or You. Who will exploit first the Moon?

Lecturer: Dr. Attila Sipos, Department of International Law

Course description: Moon is a natural satellite of the Earth and from the beginning always interest of the mankind. This interest arises from different aspects: sacral, educational or scientific exploration of outer space, but nowadays mostly coming from the opportunity of man-based village on the Moon and exploitation of the Moon and other celestial bodies’ natural resources. If the mission will be feasible the people on the Earth will have undoubtedly better life conditions. This kind of exploitation will change the future all of us. The Moon is rich in iron, manganese, aluminium, silicon, hydrogen, Helium 3 isotope etc. Asteroids contains large amount of iron, nickel, cobalt, platinum metals etc. It will be tremendous impact. Many questions have arisen from this complex mission, few of them: is it from technological point of view possible or is it legally permissive?

Legally in a first sight, yes, it is allowable and possible. It is clearly stipulated in the Agreement Governing the Activities of States on the Moon and other Celestial Bodies (1979) “the exploitation of the natural resources of the Moon is possible under the international regime.” (Article 11, para. 5.) The legal background basically exists, but the so called “Moon Agreement” have ratified only by 18 Contracting States. This means the Moon Agreement is less ratified, lost its significance, clearly internationally not accepted. The reason is simple. The above mentioned international regime has to be included the following criteria: the resources will be “equitable sharing by all States Parties in the benefits derived from those resources, whereby the interests and needs of the developing countries, as well as the efforts of those countries which have contributed either directly or indirectly to the exploration of the moon, shall be given special consideration.” [Art. 11, para. 7. (d)] This criteria is an integral part of the new concept which is called: Common Heritage of Mankind (CHM). The Moon and its natural resources are the CHM. (Art. 11, para. 1.) This requirement creates that the exploitation activity for private capital is not attractive. The investors would like to have an extra profit for their efforts. The mission a priori is risky and extremely expensive. They would not like to share the benefits with others. On the top of that the Outer Space Treaty (1967) and any other outer space related regulations are not allow to anybody to have private property/ownership rights over the surface or subsurface on the Moon and other celestial body (anyhow certain limited property rights are acquired the removed samples materials, Moon Agreement, Art. 6, para. 2.). In the extreme there is initiative to extend the private property rights on the mined resources (coming from outer space) within the domestic law (vid. US).

The situation is quite interesting. Although there are some regulations about the exploitation of the Moon, but these ones are not really accepted by the international community. Furthermore these rules are mainly basic principles and legal directions. It means necessary to create a new regime in order to have detailed and executable rules. Inconsequential draw these rules in international contract (such as treaty, convention, agreement etc.), it would enough draw in the Resolution of the UN General Assembly. This lower level measure would be more practicable. It admits more flexibility for changing the text, the mechanism of acceptance of the Resolution is simple etc. This solution may handle more progressiveness for those who cannot wait for other states ratification process or the long debated compromised solutions and want proper steps forward at their own risk in order to enjoy much more benefits from outer space.

3. Settlement of International Commercial Disputes

Lecturer: Dr. István Erdős, Assistant Professor, Department of Private International Law and European Economic Law

Course description: The course discusses the different methods of settling international commercial and private disputes, particularly focusing on the following ones: litigation, negotiation, mediation and arbitration. After having a basic introduction to the different types of international business transactions and disputes, the students will receive a general introduction to all these mechanisms and also, through hypothetical case studies will learn the practical aspects as well. The course is intended to be interactive and practice oriented. It will be centered around the practical aspects of dispute settlement, focusing on the question how to select the best method for a particular problem. Among others the issues to be examined in the course include: jurisdiction, conflict of laws, recognition and enforcement of foreign judgments and arbitral awards, forum shopping, the procedure of international commercial arbitration, service of documents abroad, methods of acquiring proof abroad, etc. The course materials include readings, case law materials and practical cases.