Issuu on Google+

LL.M.

INTERNATIONAL

BUSINESS LAW

ADVANCED MASTER OF LAWS LISBON - PORTUGAL

Among top LL.M.s in the world: Financial Times Innovative Law Schools Report


CONTENTS 5

INTERNATIONAL BUSINESS LAW

6

KEY FEATURES

8

PROGRAMME

9

STRUCTURE OF THE PROGRAMME

11

PRE-LL.M. COURSES

12

COURSES

15

SEMINARS

19

FACULTY

25

STUDENT PROFILE

27

ADVISORY BOARD

28

THE PROGRAMME PARTNERS

33

GENERAL INFORMATION

34

LISBON


LL.M. INTERNATIONAL

BUSINESS

LAW

Every year an innovative approach to transnational, anglo-american and european law.

Among top LL.M.s in the world: Financial Times Innovative Law Schools Report


Richard Notz Lawyer, Germany

One of the very few truly international elite LL.M. programmes. Not only impressively qualified students gather from all over the world, but brilliant faculty members do so, too, accessibly sharing their specific insights. It creates an unrivalled setting. Appealing and enriching to any lawyer, even after years of practice. The teaching follows a unique approach to real lawyering, never getting lost in theory. The dimension by which legal and economic knowledge of European, US and cross-border business is broadened gives a significant distinction to one’s career.

4

The friendships evolving from the common experience of enjoyable leisure activities as well as of intense academic work are likely to last for a lifetime. While sometimes quite challenging, it’s the special spirit of Católica Global School of Law on the one hand and the greatly attractive environment offered by the gorgeous city of Lisbon on the other hand which make every minute worthwhile.


INTERNATIONAL

BUSINESS LAW

Henrique Sousa Antunes Dean, Universidade Católica Portuguesa, School of Law, Lisbon

Luís Barreto Xavier Dean, Católica Global School of Law

Building on the continual and consistent process of

This programme is recognized by our partners as a

internationalization of our programmes and faculty and

quality project worth sponsoring. We acknowledge the

based on the success of prior editions of this pro-

strong support we have received from major

gramme, we are proud to present LL.M. (Advanced

Portuguese law firms and companies, the Luso

Master of Laws) in International Business Law.

American Foundation and the Fulbright Commission in

This LL.M. is specifically designed for those attorneys

Portugal.

who seek a professional career in international busi-

We invite you to share our enthusiasm by applying to

ness law. It offers an innovative approach to transna-

this innovative programme, and we look forward to

tional, Anglo-American and European business law,

welcoming you to our campus.

taught by top European and American faculty, and covers a wide range of topics, such as contracts, finance, commercial and investment arbitration, corporate law, securities regulation, EU internal market, energy transactions and international taxation. We are thrilled to offer this unique LL.M. programme, designed and developed at Católica Global School of Law (Universidade Católica Portuguesa), in Lisbon: an international centre of teaching and research, bringing together global faculty, global students and global environment and staff.

5


KEY

FEATURES

Deepen skills and knowledge, enhance opportunities.

• An intensive, advanced programme, directed specifically to those who seek an active and international professional practice of Business Law: - It exceeds the expectations and demands of both experienced lawyers, who want to deepen their skills and knowledge, and young associates seeking to enhance their opportunities in an international career. - It also provides an environment in which those who seek an academic career can hone their academic skills while specializing in specific areas of law. • A true international programme: - Students come from a wide range of backgrounds and countries. - Our outstanding faculty includes prominent scholars from prestigious American and European universities and top lawyers from international law firms. Using interactive and innovative teaching methods, our faculty is able to utilize Católica’s extensive and modern resources to engage students in an exciting and meaningful way. • LL.M. Católica is one of the few LL.M. programmes in continental Europe that has been successful in bringing together top international academics and professionals from both Europe and the United States. LL.M. Católica is one of the finest and most respected LL.M. programmes in all of Europe.

6


Rodrigo Queiroz e Melo Programme Administrator

Gonçalo Matias Programme Administrator

GOALS

ENROLMENT IN THE LL.M. MAY PROVIDE:

1. To provide thorough exposure to and understanding

• Networking opportunities both domestically and

of International Business. 2. To encourage and develop better legal research and analytical skills. 3. To develop innovative methods of legal problem solving while enhancing and improving dispute resolution skills. 4. To prepare students for legal practise in the international context.

internationally. • Support of our career services office. • Opportunity to pursue further studies at Universidade Católica, such as writing a Master of Laws dissertation or enrolling in a global Ph.D. programme. • Brazilian students approved in a Master of Laws Dissertation will receive a Master Diploma which may be recognized as a “Diploma de Mestrado” in Brazil.

5. To improve students' understanding and use of legal

• Access to an additional LL.M. semester abroad in

language and to improve students’ legal writing pro-

one of our partner Law Schools in the U.S. [Cornell

ficiency in legal and business contexts.

University Law School, Duke University Law School, University of Houston Law Center, University of Illinois - College of Law, University of Iowa - College of Law, Washington University in St. Louis - School of Law] and in Europe [Catholic University of Leuven - Faculty of Law, IE Law School (Madrid), Maastricht University - Faculty of Law, Tilburg University - Tilburg Law School, University of Antwerp - Faculty of Law, University of Fribourg - Faculty of Law, University of Oslo - Faculty of Law, Utrecht University - School of Law].

7


PROGRAMME LL.M. classes have a dual nature, emphasizing both practice and theory. Serious preparation outside of class is required.

ATTENDANCE

THE CASE METHOD

Advanced LL.M. in International Business Law is a

Classes will have a dual nature, emphasizing both

one year programme, running from September to July.

practice and theory. Through the application of the

The academic calendar is structured into three terms with classes generally held on Thursday, Friday, and Saturday mornings.

case method teaching technique, students will be faced with difficult, yet practical problem-solving scenarios where in-depth analysis and reasoning will have to be applied. Serious preparation outside class is

Students must complete a total of 60 ECTS credits to

required. Class discussion is encouraged and will be

meet the LL.M. degree requirements. This includes

factored into the students' final grade.

courses and seminars. Class attendance is supplemented by Católica Global Students may choose to enrol in the programme on a

School of Law website - www.fd.lisboa.ucp.pt/english

part-time basis, extending the coursework over two

- which features additional study materials and allows

academic years. This option allows busy professionals

for enhanced student-faculty interaction.

to set their own pace of study.

Conferences

Seminars

The programme is enriched with a regular series of

During the academic year, enrolment in particular

academic and professional conferences hosted by

LL.M. seminars is made available to practitioners,

Católica Gobal School of Law. These conferences

who are not enrolled in the programme. Their partic-

bring the brightest and most respected legal minds,

ipation not only enhances our programme’s diversity

along with renowned international personalities, to

and increases the breath of intellectual conversation,

Universidade Católica. Such conferences give our stu-

but provides a networking opportunity for both the

dents the opportunity to meet, network, and interact

LL.M. students and the professional community.

with influential members of the international legal community.

8


STRUCTURE

Please, check our website for updated information

OF THE

PROGRAMME Pre-LL.M. Courses

SEMINARS

Fundamentals of Accounting and Finance

Comparative Corporate Taxation

Strategic Decision Making for Lawyers

Comparative Intellectual Property in the Digital Age: an EU – US Study

COURSES

EU State Aid Law

Common Law Contracts

Intellectual Property and Competition Law

Comparative and Uniform Contract Law and Law of Movable Property

International Energy Law

Competition Law Part 1 Competition Law Part 2 Competition Law - Enforcement

International Petroleum Transactions

Corporate Law and Securities Regulation: Part 1 European Securities Regulation Part 2 US Company and Capital Market Law Part 3 European Corporate Governance

International Environmental Law

International Tax Planning International Taxation Law, Business and Society in China Law at a Crossroads: rethinking the nature of legal services?

International Commercial Arbitration and Investment Dispute Resolution

Negotiation for Lawyers

Modern Financial Products, Services and Regulation

Transnational Bankruptcy Law

Structured Finance and Securitisation

Trends of Evolution of the EU Institutional Framework Students are allowed to enroll in courses from the LL.M. Law in a European and Global Context, such as: The Law of European Integration I and II Comparative Corporate Law International Investment Law International Trade Law Free Trade and Environmental Protection Other English taught master seminars are also available, such as: US Corporate Taxation Energy and Environmental Taxation Taxation, Competition and EU State Aid Law Public Procurement trends in the light of the evaluation & modernisation of EU rules

9


This is a highly innovative programme that prepares the students for what they are likely to face in international commerce and finance in the next 30 years.

Jan Dalhuisen Miranda Chair in Transnational Financial Law, Católica Global School of Law

• All subjects are taught seminar style in small classes by student-friendly world class legal scholars specially chosen for this course from the US and other European countries. • In private law, the programme concentrates on (a) the modern approaches to law formation and legal reasoning in civil and common law, (b) the impact, meaning and method of the transnationalisation of private law and the formation and operation of the modern lex mercatoria, c) the relevance in this connection of the functional and interdisciplinary approaches developed in the US especially in law and economics, (d) unification and harmonization efforts in UNCITRAL (the Vienna Convention on the International Sale of Goods or CISG) and in the EU (the Draft Common Frame of Reference or DCFR and the draft Regulation of a Common European Sales Law or CESL), (e) the development of modern company law in Europe and the USA, (f) the operation of modern financial products and markets and the principles of risk management, (g) comparative intellectual property law, and (h) energy law. • In regulatory and tax law, the programme concentrates on competition law, financial regulation, insolvency, energy/environment, and international taxation. • In public international law, the emphasis is on (a) the operation of the EU internal market and of the WTO, and (b) the protection of foreign investment now often under Bilateral Investment Treaties (BIT's). • The programme is preceded by an introductory course in analytical methods and is completed by a course on international dispute resolution in the ordinary and bankruptcy courts and in international commercial and foreign investment arbitration.

10


PRE-LL.M.

COURSES

FUNDAMENTALS OF ACCOUNTING AND FINANCE

STRATEGIC DECISION MAKING FOR LAWYERS

Mihael Jeklic [King’s College London]

Mihael Jeklic [King’s College London]

The course presents fundamental topics in accounting and corporate finance. Class-work combines classic academic teaching with a case-study method, and the emphasis of the course is on making the acquired academic knowledge practically operational for the students in their future careers. Therefore, in addition to understanding of the covered theoretical themes, by the end of the course the students are expected to have acquired a basic working knowledge of accounting, financial analysis and financial valuation. The Accounting Unit of the course presents the methods of accounting for ordinary business transactions and financial analysis. It starts with introducing the central notions of double-entry bookkeeping and the debit and credit convention and continues with construction and functioning of the balance sheet, the income statement and the statement of cash flows, and a detailed analysis of financial accounts. The unit concludes with basic financial analysis, including benchmark and trend analysis of profitability, leverage, liquidity, efficiency and market ratios. The Finance Unit of the course covers the fundamental principles of corporate finance. It starts with important theoretical foundations of modern financial theory, including Coase’s theory of the firm, Modigliani and Miller’s thesis on the cost of capital and leverage effect, and the characteristics and implications of the Berle-Means corporation. It continues with financial valuation, covering time value of money and discounted cash flow valuation of financial assets, relationship between risk and return, diversification, and the Capital Asset Pricing Model. It concludes with efficient markets theory and its critical assessment from the perspective of behavioural finance.

The course provides training in decision analysis, as well as comprehensive theoretical background in the field of decisionmaking as the context for applied decision analysis. Class-work combines classic academic teaching with a case-study method, and the emphasis is on utilising the presented material towards improvement of the students’ strategic decisionmaking in the legal context. The introductory part of the course focuses on decision analysis, a field of study aimed at providing prescriptive advice for independent decisionmaking under uncertainty, and covers basic probabilistic modelling, decision tree construction and rollback, assessment of probabilities and ranges, sensitivity analysis, and analysis of risk profiles and risk-attitudes. The class continues with game theory, aiming to address interdependent variables in decisionmaking, including most common cooperative and non-cooperative games, impact of information asymmetry, moral hazard, adverse selection, and specific application of game theory in the legal setting. The class concludes with descriptive lessons from behavioural decision science, covering selected aspects of bounded rationality and judgmental heuristics, including information-availability driven biases, anchoring, judgmental overconfidence, framing, and instances of bounded awareness in strategic settings.

11


COURSES

COMMON LAW CONTRACTS Raymond T. Nimmer [Dean, University of Houston Law Center; Distinguished Chair in Residence, Cat贸lica Global School of Law]

This course will examine the idea and methodology of making and enforcing contracts and the terms within which law allows parties to set the scope and the character of their own obligations. We will examine contract formation, how one determines the terms of the obligation, what differences exist among different fields of contacting, and how contracting occurs in modern commerce. The primary focus will be on basics of contract law and practice, but we will also consider comparative law issues resulting from differences among common law and other traditions, as well as from international sources of law such as the Convention on the International Sale of Goods, the UNIDROIT Principles of International Contract Law, and the various uniform laws adopted and enforced in the United States.

COMPARATIVE AND UNIFORM CONTRACT LAW AND LAW OF MOVABLE PROPERTY

a new transnational law merchant or modern lex mercatoria and the reducing importance of domestic private law but also the continuing relevance of domestic regulation in international business dealings. The operation of commercial and financial law at the transnational level is here viewed as a dynamic process as shown in the modern use of the notion of good faith in contract law and of party autonomy in movable property law. For movable property this leads to special interest in the notion of trusts, conditional and temporary ownership rights, floating charges, assignment, set-off and netting as largely developed in equity in common law countries. This is considered to be of special importance in modern international finance. Newer ideas about the issues of certainty and finality will be considered and the modern functional approaches, especially of Law and Economics, will be explained and their meaning and importance assessed.

COMPETITION LAW

Jan Dalhuisen [Miranda Chair in Transnational Finance

12

Law, Cat贸lica Global School of Law, Lisbon]

Part 1 Competition Law

The main subject of this course is the transnationalisation of modern contract and movable property law and the merits of efforts at formalisation of uniform private law especially at the EU level, now through the Draft Common Frame of Reference (DCFR). The course will start with a discussion of the differences between common and civil law in these areas, of the objectives and draw backs of statutory law and codification, of the effects of statism and legal positivism on the development of modern commercial and financial law, and of the older more fluid notions of universal law. It will highlight the key distinction between professional law and consumer law, the status in a globalising business world of different sources of law in the former, especially fundamental principle, custom, general principle, and party autonomy, the emergence of

Rosa Greaves [University of Glasgow, UK] The course focuses on Articles 101 and 102 Treaty on the Functioning of the European Union (TFEU) (the EU Competition rules). The EU competition rules prohibit agreements between undertakings which restrict competition and affect trade between Member States as well as the abuse of a dominant position by an undertaking within a substantial part of the EU internal market. A comparative approach with US Antitrust rules (s1 and s2 of the Sherman Act) will be used throughout the course. The course will also cover EU control of mergers but will not compare these rules with the equivalent ones in the US. The course will cover the following matters: the nature and objectives of competition/antitrust law and policy; the application of Article 101 and s1 Sherman Act to horizontal and vertical


agreements; the meaning of “dominance” and “abuse” and its equivalent s2 Sherman Act; the basics of merger control in the EU.

Part 2 Competition Law - Enforcement J. L. da Cruz Vilaça [Católica Global School of Law, Lisbon; from October 2012, Judge, Court of Justice of the European Union] and Mariana Tavares [Portuguese Competition Authority]

The course will deal with the problems and prospects of modern competition law enforcement both at the EU and the Portuguese levels. The course will focus on the modern policy of decentralized application of EU competition law, its objectives, efficiencies and difficulties. The traditional approach of administrative enforcement in Europe will be compared with a more USA oriented judicial enforcement, against the background of a prevailing “effects based approach”. The course will aim at providing a good understanding of the nature of the so-called legal exception system set up by Regulation No 1/2003, as well as a detailed knowledge of the enforcement and investigation powers of the Commission and the National Competition Authorities, the scope of the authorities’ professional secrecy and of lawyers’ legal privilege and the functioning of the European Competition Network. Remedies and penalties, of both a pecuniary and a criminal nature, will be discussed. A part of the course will be devoted to a practical analysis of cartel cases, leniency and strategies of legal defense in cases concerning different jurisdictions. Finally, private enforcement and damages actions for breach of the EU antitrust rules will deserve particular attention, together with the question of arbitrability of competition law.

clients dealing with both outward-bound and inwardbound transactions. Topics are selected with a focus on their comparative legal and policy treatment in the European Union. They include freedom of establishment and the state law governing the internal affairs of corporations; creditor protection rules; basic elements of corporate governance at the state and federal level; duties of corporate directors and controlling shareholders; insider trading and securities fraud liability; and the rules governing both merger and (hostile) takeover transactions.

Part 3 European Corporate Governance Guido Ferrarini

[University of Genoa]

The course will examine some of the main corporate governance issues recently discussed in Europe, which will be analysed functionally across systems, focussing on boards, shareholder activism, gatekeepers and enforcement. We will pick up things like the trade off between EU level and member state level requirements, differences between Member States, governance changes and reforms coming out of the new economy bubble and the recent financial crisis. In addition to analysing past and current EU developments, we will focus on four jurisdictions (France, Germany, Italy and the UK) and make references to other Member States. We shall read economic and legal materials and discuss case studies, including well known financial scandals (Parmalat and Vivendi) and recent bank failures or frauds (Northern Rock, Royal Bank of Scotland, UBS and Société Générale).

INTERNATIONAL COMMERCIAL ARBITRATION AND INVESTMENT DISPUTE RESOLUTION Jan Dalhuisen [Miranda Chair in Transnational Finance

CORPORATE LAW AND SECURITIES REGULATION Part 1 European Securities Regulation Jorge Brito Pereira [Católica Global School of Law, Lisbon] This course deals with some of the basic structures of European Securities Regulation. After an overview of European securities regulation and European market integration, in particular regarding the Lamfalussy Process, EU securities directives and the EU financial services directives that apply to securities transactions, emphasis will be on Prospectus and transparency, takeover regulation and the new EU regulatory architecture and the future of supervision and regulation in the context of the financial crisis.

Part 2 US Company and Capital Market Law Franklin A. Gevurtz [University of the Pacific, California] This course is intended for European professionals whose responsibilities require a sufficient understanding of US law to advise both private-sector and governmental-sector

Law, Católica Global School of Law, Lisbon]

This course covers the modern ways of resolving international commercial and investments disputes through arbitration. For commercial disputes, it investigates the differences with and advantages/disadvantages of this way of dispute resolution compared to ordinary litigation in the national courts. It subsequently deals with the arbitration clause, jurisdiction issues and the question of arbitrability followed by a discussion of the various steps in arbitration in ad hoc, ICC and LCIA arbitrations, the different sets of procedural rules that may apply and with the applicable substantive private or regulatory laws, and finally with the residual roles of national courts in the supervision of arbitrations, in providing support and interim relief, and in the recognition and enforcement of arbitral awards, under the New York Convention. For investment disputes resolution, the course goes into the differences with international commercial arbitration, discusses the scope, and substance of modern bilateral investment treaties (BITs) and of the NAFTA treaty in North America, the special protections thereunder and

13


Thiago Borma Chagas Lawyer, Brazil

their legal status and significance, the role of ICSID and the Washington Convention, the problems in the modern causes of action given to the international investor either in or outside these treaties, and in the applicable public international law or transnational or domestic private and regulatory law.

MODERN FINANCIAL PRODUCTS, SERVICES AND REGULATION Jan Dalhuisen [Miranda Chair in Transnational Finance Law, Cat贸lica Global School of Law, Lisbon]

This course deals with the recycling of money either through the banking system or though the capital markets, the modern financial products used and the financial services provided in this connection, their legal back up, their risks, the management of these risks, and the objectives, structure and effectiveness of modern financial regulation in terms of promoting financial stability and adequate protection of depositors and investors. In banking, the accent will be on asset backed funding in secured transactions or through finance sales (like in repos, factoring, finance leasing), on ordinary and credit derivatives, and on loan securitisation. In the capital markets, the accent is on modern capital market products and their holding, the issuing activity, underwriting, and trading, brokerage, and fund management activity. As to the regulatory response, the course goes into the main techniques of financial regulation, the differences between banking and capital market activity, the capital adequacy requirements, the EU harmonisation program in this area, and the effect of the 2008/9 financial crisis and the re-regulation efforts particularly in the EU and US.

14

Top law professors from Europe, U.S. and Australia; a wide range of courses to choose from; flexibility for students that practice law while studying; and a very dedicated supporting staff. These are the features that make the LL.M. in International Business Law from Cat贸lica excel in Europe.


SEMINARS

COMPARATIVE CORPORATE TAXATION

EU STATE AID LAW

Miguel Correia

Andrea Biondi

[Católica Global School of Law, Lisbon]

This seminar will study how corporations and their shareholders are taxed. The course will adopt a comparative and structural perspective, focusing on the corporate income tax systems of the United States, United Kingdom and Portugal. The intent is to give students a conceptual framework that may be used to better understand and analyze any corporate tax system they may encounter as practitioners. Students will be gradually introduced to the subtleties of corporate taxation by analyzing the different issues arising first on a closed economy setting and, subsequently, on an open economy setting. The seminar will cover the following topics: the core mechanical structure of corporate income tax systems; issues in corporate formation and capital structure; taxation of corporate distributions, liquidations, and restructurings; and consolidated corporate taxation.

COMPARATIVE INTELLECTUAL PROPERTY IN THE DIGITAL AGE: AN EU – US STUDY James Boyle [Duke University School of Law] and Jennifer Jenkins [Duke University School of Law] The seminar will explore tensions between intellectual property law and freedom of expression, as well as challenges posed by new technologies, in both the United States and European Union. The seminar will begin with an introduction to different philosophical conceptions of intellectual property and authors' rights in the US and EU. It will then cover case law and legislation in both the US and EU in the quickly evolving area of digital copyright. The class will conclude with an examination of current cases, legislation, and debates, including the controversies surrounding peer--to-peer file sharing, user generated content and "remix", and video sharing sites such as YouTube.

[King’s College London]

In Europe the provision of subsidies and other forms of aid by the State still forms an accepted part, indeed often a central part, of economic policy, even in those countries most attached to the model of the free market. Yet the very existence of State aid poses obvious problems for the single market for which the European Union is striving. The EU law of State aid therefore raises issues of the greatest social, economic and political importance as well as a great variety of difficult and fascinating legal problems. The proposed seminar on EU state aid examines the legitimate role of the state in a market economy. It covers the TFEU rules that apply to public undertakings and the assistance the state may give to private undertakings, notably Articles 107 and 108 TFEU in their political and economic context. These rules represent an increasingly important aspect of EU competition law and exist to resolve the tension between the realisation of the internal market, with the dismantling of trade barriers and the increase in competition that results, and the ability of Member States to grant aid to national undertakings or use public under- takings as instruments of economic policy. The seminar assumes a basic knowledge of EU law.

INTELLECTUAL PROPERTY AND COMPETITION LAW Daniel A. Crane [University of Michigan] This seminar will explore a variety of issues arising at the boundaries of intellectual property and competition law. Using U.S. and EU legal and regulatory sources, the class will explore such questions as market power in intellectual property, a conceptual framework for resolving IP/antitrust issues, refusals to license intellectual property, tying arrangements involving patents, copyrights, and trademarks, and anticompetitive structuring of licensing agreements.

15


INTERNATIONAL ENERGY LAW Catherine Redgwell [University College London] This seminar starts with an overview of the general international law concepts and principles which are applicable to energy activities, the rules of international law governing state responsibility and the exercise of state jurisdiction over energy activities. Given the extent of private sector involvement in energy activities, the protection of foreign direct investment and the responsibility of States for expropriation will be the focus of several case studies. Equally important is the energy security of the State, and how to respond to the threats posed to it by a myriad of factors ranging from piracy, hostage-taking and armed incursions, to security of supply in times of international emergency. Certain energy activities, such as offshore petroleum exploitation and nuclear generation, merit particular attention given the extent of their international regulation. Yet how effective are the existing rules to ensure the safe operation of nuclear power plants and the liability of operators for damage caused from nuclear or offshore petroleum installations? The seminar will conclude with a case study of transboundary pipeline development to illustrate, inter alia, the complex interplay of human rights, environmental and other factors in major energy infrastructure projects and the remedies routes available to affected individuals, groups and States at international law.

INTERNATIONAL ENVIRONMENTAL LAW James Salzman [Duke University School of Law] This course provides a general introduction to international environmental law and policy. We will begin by exploring the economic, political, and legal concepts relevant to international environmental treaty regimes. We will then apply these concepts to concrete regimes designed to deal with specific international environmental problems, such as climate change, ozone depletion, waste trade, fisheries management, and biodiversity and habitat loss. The course focuses principally on the dynamic of treaty negotiations and implementation, as well as the roles played by state and non-state actors.

INTERNATIONAL PETROLEUM TRANSACTIONS Jacqueline L. Weaver [University of Houston Law Center] International Petroleum Transactions examines the law and policy framework and the typical contract agreements used between host governments and foreign investors to develop host government petroleum resources. Topics include: concession agreements, production-sharing agreements, risk service contracts, host government petroleum laws, the model international Joint Operating Agreement, and social/environment issues, including human rights cases with a focus on seeking ways to avoid the “petro-curse” and achieve sustainable development. The seminar includes an overview of the future of the

16

petroleum industry including the increased dominance of National Oil Companies, the geopolitics of oil, and global warming.

INTERNATIONAL TAX PLANNING Charles Gustafson [Georgetown Law Center] This seminar will examine the way in which income deriving from international trade, investment and labor movement is taxed, devices for avoiding double taxation and planning techniques for minimizing the tax burden on international transactions. The impact of income tax treaties will in particular be explored. Specific examples will be discussed to demonstrate the impact of relevant provisions and practices.

INTERNATIONAL TAXATION Miguel Teixeira de Abreu

[Católica Global School of Law,

Lisbon]

The seminar focuses on issues related to international double taxation in the context of international business transactions. The OECD Model Convention on Income and Capital is the tool we will be using to compare Double Taxation Treaties signed by Portugal and to see how such Treaties interact with domestic tax provisions. We will look at certain practical cases and situations to discuss current difficulties and we will follow on the work of the OECD in dealing with certain concepts, which are fundamental in international taxation: the concept of residence, the concept of beneficial ownership and the concept of permanent establishment, amongst others. We will also look at some of the papers prepared by the OECD, including those related with transfer pricing, business restructurings and the attribution of profits to permanent establishments.

LAW, BUSINESS AND SOCIETY IN CHINA Xiangshun Ding [School of Law of Renmin University of China]

The course will examine the characteristics of Chinese law in modern Chinese society after examination of the formation of current legal system since the implementation of policy of reform and opening outside from the end of 1970s ,the basic structure of Chinese legal system, the mechanism of disputes resolution. The primary focus will be on the legal framework and basic policies for doing business and investments in China, but we will also make brief introduction on some important issues relating to the reform and development of rule of law in China that foreign students are interested in.


LAW AT A CROSSROADS: RETHINKING THE NATURE OF LEGAL SERVICES? Moray McLaren [Iberian Legal Group] These sessions will examine what some see as the current "revolution" in the provision of corporate legal services. The changes in the way businesses are sourcing their legal services are, in turn, causing tensions across the legal profession. Rapid technological developments, the adoption of more corporate law firm structures - as well as the changing regulatory environment and new entrants to the legal market - are bringing increasing pressure for change. Some are embracing new ways while others are suggesting it will be “business as usual” once the financial crisis is over.

NEGOTIATION FOR LAWYERS Mihael Jeklic [King’s College London] The seminar covers principled negotiation developed at Harvard Law School and the legitimacy-based negotiation style, advanced interdisciplinary notions of negotiation, organized around three experiential tensions, as well as instances of common irrational behavior encountered in negotiation such as naïve realism, reactive devaluation, susceptibility to framing and winner’s curse. The students are expected to negotiate a series of cases in and between classes. The experience from such negotiations is debriefed in class and linked with negotiation theory and research, as well as with insights from cognitive and behavioral psychology. A number of negotiating strategies and styles are presented so that each student can adopt the one that fits his or her personality. The learning effectiveness of the module depends on careful preparation and active involvement of the students. Attendance is mandatory.

STRUCTURED FINANCE AND SECURITISATION Luís Branco and Pedro Cassiano Santos [Católica Global School of Law, Lisbon]

Structured finance and securitisation will cover innovative financing structures that have become extremely relevant in the international markets. In what relates to structured finance we will cover aspects of acquisition finance, corporate finance with the focus on project finance. Regarding project finance the objective is to understand the legal framework of this type of limited-recourse financing, especially in the context of the development of projects for the construction of important public infrastructures. In addition, due to the growing importance of Islamic participants in the international markets, the above structures will also be examined from an Islamic financing perspective. On securitisation the focus will be on the legal analysis of asset backed securities (securitization notes, covered bonds and public sector bonds) and comparison thereof with other negotiable instruments also used to raise liq-

uidity to finance economic activities in general and the banking activity in particular, using the debt capital markets; significant attention will also be given to the market transactions that are carried out using such asset backed securities concept, namely in the current market conditions, as well as the role of developed by asset backed securities and securitization in the current economic crisis.

TRANSNATIONAL BANKRUPTCY LAW Charles J. Tabb

[University of Illinois, College of Law]

The subject of the reorganization or liquidation of insolvent firms which do business and have assets, interests, and creditors in multiple countries has grown immensely in importance in the last decade. When such a firm becomes financially distressed and needs bankruptcy relief, many difficult issues arise. Which country or countries will conduct bankruptcy proceedings regarding that firm? What assets will be administered in those proceedings? Which countries' laws will apply? How will creditors be treated? Will the orders of foreign courts be recognized and enforced? Will foreign representatives have access to the courts in other countries? Recognizing the critical importance of these issues, and the need for international harmonization, the field of transnational (or cross-border) insolvency has been a fertile ground of effort for law reformers around the world in recent times. In 1997, the United Nations Commission on International Trade Law (UNCITRAL) adopted a Model Law on Cross-Border Insolvency. The Model Law was adopted by the United States in 2005 and Great Britain in 2006. Nor is the Model Law the only modern treatment of cross-border insolvency problems. In 2000, the European Union adopted the Regulation on Insolvency Proceedings, which went into effect on May 31, 2002, and which governs the treatment of transnational bankruptcy proceedings involving two or more member states of the European Union. The EU Regulation is currently undergoing a mandated 10-year review, and will be reviewed hereafter every five years. The Cross-Border Insolvency Concordat was developed in 1995 by Committee J of the Section of Business law of the International Bar Association. Furthermore, courts may, and do, adopt principles of the Concordat, the UN Model Law, and the EU Insolvency Regulation on a case-by-case basis. In this seminar, we will study many of the critical issues implicated in transnational bankruptcies.

17


TRENDS OF EVOLUTION OF THE EU INSTITUTIONAL FRAMEWORK António Vitorino [Lawyer, Guest Professor, Católica Global School of Law, Lisbon]

Module I - Recent trends of evolution - from the “leftovers” of Amsterdam to the Lisbon Treaty. This module will focus on the concrete changes in the profile of EU Institutions following recurrent negotiations among Member States and the implications of Enlargement up to 27 countries. Special attention will be given to a number of concrete tensions in the effective functioning of EU Institutions on the basis of concrete examples (cooperation vs competition, inter-institutional balance of powers, consequences of the growing number of subjects submited to co-decision, relations between large and medium/small Member States, the case of the formation of the Barroso Commission in 2004). Module II - Overview of major Institutional changes introduced by the Treaty of Lisbon. The study will focus on the European Council as a full fledged institution with a permanent Chairman, on the composition of the European Commission and its accountability, on the new system of weighing of votes of Member States in the Council, on the enlargement of the legislative powers of the European Parliament and on the new framework for Foreign Policy and Defense. Module III - Lights and shadows of the Institutional Framework provided for by the Treaty of Lisbon. In this Module we will antecipate the dynamics that derive from the ambiguities in the field of Foreign Policy and Defense (High Representative with a “double hat” between the Council and the Commission), from the behaviour of Political fractions in the European Parliament, from the growing role of National Parliaments and the possible tensions concerning the future role of the Commission (politicization versus guardian of the Treaties, political accountability before the European Parliament and the European Council). The position of European Institutions in the new Framework of the Economic and Monetary Union as a consequence of the global financial crisis and the more recent sovereign debt crisis (such as the "six pack", the Treaty on the Fiscal Compact, the Treaty on the new European Stabilization Mechanism).

18

Alexandra Nascimento Correia Lawyer, Portugal

Attending the Advanced LL.M. in International Business Law has proven to be an outstanding experience, way above my personal expectations. Although sometimes it might become hard to conciliate both work and classes, it is definitely a worthy effort, as it broadens and deepens our views on current international law subjects, by which we are challenged on a daily basis in a Law Firm as being our Clients’ framework and concerns. On a more personal note, this LL.M. gave me the chance to know people (both colleagues and professors) from other offices and companies in Lisbon, as well as from other countries, who have a different background and mindset. It has become the perfect opportunity to exchange work experiences and, at the same time, to meet very interesting people. I would definitely enroll myself again!


FACULTY Andrea Biondi

Catherine Redgwell

[King’s College London]

[University College London]

EU State Aid Law

International Energy Law

Andrea Biondi is Professor of European Union Law and the

Catherine Redgwell joined the Faculty of Laws at UCL in

Co-Director of the Centre for European Law at King's College

January 2004 as Professor of International Law and is cur-

London. Prof. Biondi is also visiting professor at the College

rently Vice-Dean (International). Her teaching and research

of Europe in Warsaw and at Georgetown University. He is a

interests include public international law, international envi-

member of the Bar of Florence as well as an Academic

ronmental law, law of the sea, energy law, and treaty law.

Member of Francis Taylor Building Chambers in London.

Recent publications include, as editor and contributing

Prof. Biondi is on the International Advisory Board of

author, Energy Law in Europe: National, EU and International

European Public Law and European State Aid Law Quarterly

Law and Institutions (OUP, 2nd edn 2007; 3rd edn due in

and the European Public Private Partnership Law Review.

2013) and Moving Beyond the Carbon Economy (OUP 2008). She is also co-author with Alan Boyle of International

António Vitorino

Law & the Environment (OUP, 3rd edn, 2009) and, with

[Lawyer, Guest Professor, Católica Global School of Law, Lisbon]

Michael Bowman and Peter Davies, of Lyster’s International

Trends of Evolution of the EU Institutional Framework

Wildlife Law (CUP, 2nd edn, 2010). She is a member of the

António Vitorino is a lawyer and a member of the Bar

Academic Advisory Group of the Section on Energy,

Association since 1982. Assistant Professor at the University

Environment and Infrastructure Law of the International Bar

of Lisbon Law School since 1982. Professor at Universidade

Association, and served as joint general editor and chair of

Autónoma Luís de Camões (1985-1995) and Universidade

the editorial board of the International and Comparative Law

Internacional of Lisbon (1998-1999). Member of Parliament

Quarterly for six years (2006-2011).

from 1980 until 2006. Secretary of State for Parliamentary Affairs (1983-1985). Secretary of State of the Government of

Charles Gustafson

Macau (1986-1987). Judge of the Portuguese Constitutional

[Georgetown Law Center]

Court (1989-1994). Member of the European Parliament

International Tax Planning

(1994-1995), Chairman of the Civil Liberties Committee.

Charles Gustafson is Professor of Law and former Associate

Deputy Prime Minister and Minister of Defence (1995-1997).

Dean for International and Graduate Programs at the

European Commissioner for Justice and Home Affairs

Georgetown University Law Center in Washington, D.C..

(1999- 2004). Member of the Praesidium of the European

He teaches in various areas of public international law, inter-

Convention (2002-2003) and representative of the European

national trade and investment and federal taxation. He is a

Commission in the 2004 Intergovernmental Conference.

coauthor of several casebooks on federal income taxation, including Taxation of International Transactions (3rd Ed.) (West, 2006), as well as articles and book chapters on issues of international law and/or taxation. He has practiced law in New York and Washington, served in the Office of the Legal

19


Adviser to the Department of State and lectured at universi-

Co., 2002). His article on “The Enron Bankruptcy” was pub-

ties on every continent.He spent several years as a member

lished in the book, Enron: Corporate Fiascos and Legal

of the Faculty of Law at Ahmadu Bello University in Nigeria.

Implications (Foundation Press). In 1993, he was appointed

He has also served as consultant to various United States

by Chief Justice William Rehnquist to the Advisory

Government agencies and to several international organiza-

Committee on the Federal Rules of Bankruptcy Procedure of

tions and as an arbitrator in commercial and investment dis-

the Judicial Conference of the United States. He was later

putes. He is an active member of the American Law Institute

appointed by former Illinois Governor Jim Edgar as a com-

and has served on a number of committees for the American

missioner for the National Conference of Commissioners on

Bar Association. He received his J.D. degree from the University

Uniform State Laws, and served from 1997 to 2001. In 2002,

of Chicago and his B.S. degree from the University of Buffalo.

Professor Tabb traveled to Beijing, where he advised the National People's Congress of the People's Republic of China

Charles J. Tabb

on the reform of the Chinese bankruptcy law, which went

[University of Illinois, College of Law]

into effect in June 2007. He also joined a contingent of seven

Transnational Bankruptcy Law

Illinois law faculty in December 2005 who lectured at “The

Professor Charles J. Tabb, the Alice Curtis Campbell

Role of Law in Economic Development - Implications for

Professor of Law, has taught at Illinois since 1984 and is

China in the World” conference at Sun Yat-sen University in

considered one of the nation's leading bankruptcy scholars,

Guangzhou, China. Professor Tabb is a fellow and a member

specializing in bankruptcy, contracts, and commercial law.

of the Board of Regents of the American College of

Professor Tabb served as interim dean of the College during

Bankruptcy and is a member of the American Law Institute.

the 2007-2008 academic year and was the associate dean for Academic Affairs from 2003-2005. Professor Tabb earned

20

Daniel A. Crane

his bachelor's degree and graduated summa cum laude from

[University of Michigan]

Vanderbilt University, where he was elected to Phi Beta Kappa.

Intelectual Property and Competition Law

He earned his J.D. from the University of Virginia, serving as

Daniel A. Crane is a professor of law at the University of

a member of the Virginia Law Review and Order of the Coif.

Michigan, where he teaches contracts and antitrust.

After graduation, Tabb recorded the highest score of over 1,400

Previously, he was professor of law at the Benjamin N.

successful candidates on the Texas state bar examination.

Cardozo School of Law, Yeshiva University. In 1996, he

Before joining the Illinois faculty, he practiced bankruptcy

received his J.D., with honors, from the University of

and commercial law in Dallas, where his cases included the

Chicago, where he was a member of the Law Review.

Braniff Airways and Continental Airlines Chapter 11 reorgani-

Following law school, he clerked for a federal judge and

zations. In his 28 years on the Illinois faculty, Professor Tabb

practiced litigation and antitrust law first with Morgan, Lewis

has been recognized with a Best Professor award from the

& Bockius in Miami and later with Paul, Weiss, Rifkind,

College, as well as a campus-wide Outstanding University

Wharton & Garrison in New York. He continues to serve as

Professor award. He has also served as a visiting professor at

counsel to Paul, Weiss. Professor Crane’s recent scholarship

Texas, Colorado, and Fundação Getúlio Vargas in São Paulo,

has focused primarily on antitrust and economic regulation,

Brazil; as a visiting scholar at Cambridge and Nottingham;

particularly the institutional structure of antitrust enforce-

and in 1998 was the Southeastern Bankruptcy Law Institute

ment, predatory pricing, bundling, and the antitrust implica-

Distinguished Visiting Professor at Georgia State University.

tions of various patent practices. His work has appeared in

Professor Tabb has published three books (and multiple edi-

the University of Chicago Law Review, the Texas Law

tions) and over two dozen articles on bankruptcy law. His most

Review, the California Law Review, the Michigan Law

recent book is a casebook on bankruptcy entitled Bankruptcy

Review, the Cornell Law Review, and the Minnesota Law

Law: Principles, Policies & Practice (with Professor Ralph

Review, among other journals. He is the author or editor of

Brubaker; LexisNexis., 2010). A second edition of his influential

several books on antitrust law, including Antitrust Stories,

1400-page treatise, The Law of Bankruptcy (Foundation Press),

The Institutional Structure of Antitrust Law, Global Issues in

was published in 2009. In 2012, along with professors

Antitrust and Competition Law, and Intellectual History of

Brubaker and Lawless, he will publish an edited Oxford

Competition Policy: Selected Readings. His articles have

University Press book entitled A Debtor World: Interdiscipli-

been cited in a number of federal and state court opinions.

nary Perspectives on Debt. His previous books include an

He has been a visiting professor at New York University Law

earlier edition of his treatise; two earlier editions of the casebook

School, the University of Chicago Law School, Universidade

with Brubaker; and Bankruptcy Anthology, an edited collection

Católica Portuguesa where he taught on a Fulbright

of scholarly works on bankruptcy law (Anderson Publishing

Scholarship.


Franklin A. Gevurtz

Passadore and Cerved Group. He was a member of the

[University of the Pacific, California]

Board of Trustees, International Accounting Standards

Corporate Law and Securities Regulation

Committee (IASC), an Independent Director of Atlantia and

Part 2 - US Company and Capital Market Law

Telecom Italia and an advisor to the Corporate Governance

Professor Gevurtz is a Distinguished Professor and Scholar

Committee of the Italian Stock Exchange. Prof. Ferrarini is

at the University of the Pacific in California, and the Director

author of various books and articles in the fields of financial

of its Center for Global Business and Development. He is - in

law, corporate law and business law.

the words of a United States Court of Appeals decision - a “leading commentator” on corporate law. Among Professor

Jacqueline L. Weaver

Gevurtz’ widely cited scholarship is the treatise, Corporation

[University of Houston Law Center]

Law. Professor Gevurtz is also well-known for authoring the

International Petroleum Transactions

casebook, Business Planning (now in its fourth edition) -

Professor Weaver graduated from the University of Houston

which is by far and away the dominant book used to teach

Law Center magna cum laude in 1975, after receiving a B.A.

this course in law schools throughout the United States.

in Economics magna cum laude from Harvard University.

Most recently, Professor Gevurtz authored the book, Global

In 1977 she joined the faculty following five years as an

Issues in Corporate Law; part of a revolutionary series of

Economist and Marketing Specialist for Exxon Co. USA and

books for which Professor Gevurtz also serves as series edi-

has taught courses in Oil and Gas, Energy Law and Policy,

tor and which are designed to facilitate the introduction of

International Petroleum Transactions, Natural Resources,

international and comparative law issues in core law school

Water, and Environmental law. She was the recipient of the

courses. Professor Gevurtz also has written numerous law

University of Houston Teaching Excellence award for 2005-

review articles on topics including corporate law, the law of

2006. Professor Weaver is a co-author of the leading treatise

other business organizations, and the antitrust laws. Prior to

on Texas oil and gas law and of the casebook titled Energy,

joining the faculty at the University of the Pacific in 1982,

Economics and the Environment and has just completed a

Professor Gevurtz practiced with the internationally known

treatise on International Petroleum Exploration and

law firm of O'Melveny and Myers. He has been a visiting pro-

Exploitation Agreements with three European co-authors.

fessor at the law schools of the University of California,

She has written numerous articles on oil and gas law and

Berkeley (Boalt Hall), and the University of California, Davis,

energy policy, including an article on Enron's effect on ener-

and has taught or lectured in Athens, Copenhagen,

gy markets. She was the Director of the Russian Petroleum

Guangzhou, Lisbon, London, Nancy, Salzburg, Seoul, and

Legislation Project in 1990-1991, blending academic and

Shanghai. In 2006, the University of the Pacific conferred its

organizational skills to draft a model petroleum code for the

Distinguished Faculty Award upon Professor Gevurtz.

new Russian Federation, with the participation of the World Bank, the European Bank, major oil companies, and Russian

Guido Ferrarini

academics and officials. She teaches international petroleum

[University of Genoa]

law in the Executive MBA programme of the University of

Corporate Law and Securities Regulation

Houston’s Bauer School of Business to executives of

Part 3 - European Corporate Governance

Chinese national oil companies and has presented training

Prof. Guido Ferrarini is Professor of Business Law at the

programmes in Uganda, Bangkok and elsewhere to profes-

University of Genoa and Director of the Centre for Law and

sionals in national oil companies, civil society, Parliament,

Finance. He graduated from Genoa Law School in 1972;

ministry officials and the media on petroleum contracts and

LL.M., Yale Law School, 1978. In 2009 he was awarded a

oil revenue management.

Dr. jur. h.c. from Ghent University. He is presently Visiting Professor at Stanford Law School.

James Boyle

He was a Visiting Professor at Bonn University, Cambridge

[Duke University School of Law]

University, Columbia Law School, Duisenberg School of

Comparative Intellectual Property in the Digital Age: an

Finance, Frankfurt University, Ghent University, Hamburg

EU – US Study

University, NYU Law School, Tilburg University and

James Boyle is the William Neal Reynolds Professor of Law at

University College London. As a lawyer, he was admitted to

Duke Law School, founder of the Center for the Study of the

the Supreme Court of Cassation. He is Fellow and Vice-

Public Domain, and co-founder of Creative Commons. He is

-Chairman of the European Corporate Governance Institute

the winner of both the World Technology Network Award for

(ECGI) in Brussels. He is Chairman of EuroTLX SIM S.p.A.

Law and the Electronic Frontier Foundation's Pioneer Award for

(a multilateral trading facility) and a Board member of Banca

his work on the public domain and the “second enclosure

21


movement” that threatens it. He is the author of the books The

Jennifer Jenkins

Public Domain: Enclosing the Commons of the Mind and

[Duke University School of Law]

Shamans, Software and Spleens: Law and the Construction of

Comparative Intellectual Property in the Digital Age: an

the Information Society.

EU – US Study Jennifer Jenkins is Director of Duke's Center for the Study of

James Salzman

the Public Domain and a Senior Lecturing Fellow at Duke Law

[Duke University School of Law]

School, where she teaches courses in Intellectual Property,

International Environmental Law

the Public Domain and Free Speech, Music Copyright and

Jim Salzman holds joint appointments at Duke University as

Musical Borrowing, and researches the comparative dynamics

the Samuel Fox Mordecai Professor of Law at the Law School

of copyright policy in the US and EU. She also leads the

and as the Nicholas Institute Professor of Environmental Policy

Center's “Arts Project” - which analyzes the effects of intel-

at the Nicholas School of the Environment. In more than sixty

lectual property on cultural production. Before coming to

articles and five books, his broad-ranging scholarship has

Duke, she was a member of the legal team that defended

addressed topics spanning trade and environment conflicts,

the copyright infringement suit against the publisher of the

the history of drinking water, environmental protection in the

novel “The Wind Done Gone” (a parodic rejoinder to Gone

service economy, wetlands mitigation banking, and the legal

with the Wind).

and institutional issues in creating markets for ecosystem services. A popular classroom teacher, Professor Salzman has

J. L. da Cruz Vilaça

twice been voted Professor of the Year by students at Duke’s

[Visiting Professor, Católica Global School of Law, Lisbon, from

Nicholas School of the Environment. An honors graduate of

October 2012 Judge at the Court of Justice of the European Union]

Yale and Harvard, he has lectured on environmental policy in

Part 2

North and South America, Europe, Asia, Australia and Africa.

J. L. da Cruz Vilaça graduated from Coimbra Law School;

He has served as a visiting professor at Yale, Harvard, and

LL.M. in Political-Economic Sciences; Docteur in International

Competition Law - Enforcement

Stanford Universities, as well as at Macquarie (Australia), Lund

Economics, Paris I; studied and worked at St. Antony’s,

(Sweden), and Tel Aviv (Israel) Universities and the European

University of Oxford, and at Fordham University School of

University Institute (Italy).

Law (New York). Formerly Assistant Professor at Coimbra Law School. Now Visiting Professor at the Law Schools of the

Jan Dalhuisen

Universidade Católica and the Universidade Nova in Lisbon,

[Miranda Chair in Transnational Financial Law, Católica Global

in the areas of Competition and EU law. Former Advocate-

School of Law, Lisbon]

General at the European Court of Justice and President of the

Comparative and Uniform Contract Law and Law of

European Court of First Instance. Former Secretary of State

Movable Property | International Commercial

for European Affairs in the Portuguese Government. Attorney

Arbitration and Investment Dispute Resolution |

at-law, Partner and Head of EU and Competition practice

Modern Financial Products, Services and Regulation

with PLMJ, Law Office. Judge at the Court of Justice of the

Jan Dalhuisen is a leading expert in international commercial

European Union from October 2012.

and financial law and the occupant of the Miranda Chair in Transnational Financial Law at the Católica. He is also

Jorge Brito Pereira

Professor at King's College in London and UC Berkeley, and

[Católica Global School of Law, Lisbon]

has held important Visiting Professorships in Continental

Corporate Law and Securities Regulation

Europe, China and Australia. He is Corresponding Member

Part 1

of the Royal Netherlands Academy of Arts and Sciences and

Jorge Brito Pereira is a Senior Lecturer at the Catholic

European Securities Regulation

the author of Dalhuisen on Transnational and Comparative

University in Lisbon. He is Partner of PLMJ (admitted 1988,

Com-mercial, Financial and Trade Law, now in its fourth edi-

admitted to partnership 1997), the largest law firm in

tion (3 Volumes), and earlier of Dalhuisen on International

Portugal, and head of the Financial Law and Capital Markets

Insolvency and Bankruptcy (2 Volumes). Professor Dalhuisen

Practice Group of the firm. He specializes in corporate Law and

is a graduate of the University of Amsterdam, where he also

securities Regulation and acted as legal advisor for several

obtained a PhD, and of UC Berkeley. He is Member of the

foreign and domestic entities in M&A transactions and other

NY Bar, Fellow of the Chartered Institute of Arbitrators in

relevant transactions. He has consistently been nominated

London, an active international arbitrator, ICSID panel member

by international publications as a leader in these areas. He is

and former senior in house counsel and investment banker.

also the author of various books and articles on contract law, corporate law and securities regulation.

22


Luís Branco

Miguel was an assistant professor at the University of Lisbon

[Católica Global School of Law, Lisbon]

in the areas of taxation and public finances from 1989 to

Structured Finance and Securitisation

1994 and a member of the Portuguese Government

Luís Branco is a Senior Lecturer at the Catholic University in

Committee for the Reform of Portuguese international tax

Lisbon. He is Partner of Morais Leitão, Galvão Teles, Soares da

laws (1998). In 1993, he founded Abreu Advogados and was

Silva & Associados and head of the banking and finance team.

its Managing Partner from 2008 to 2011. Since 2007, Miguel

Specialized in banking and finance law, he has participated

has been a lecturer of international taxation at the Catholic

in several relevant transactions in the areas of project finance,

University as part of the LL.M. programme.

securitization, investment funds and derivatives. He has consistently been nominated by international publications as a

Mihael Jeklic

leader in these areas. Author of various books and articles on

[King’s College London]

banking law.

Fundamentals of Accounting and Finance | Negotiation for Lawyers | Strategic Decision Making for Lawyers

Mariana Tavares

Mihael Jeklic teaches negotiation and analytical methods at

[Portuguese Competition Authority]

King's College, School of Law. He previously worked as a

Part 2

Competition Law - Enforcement

Mariana Tavares has been the Head of the International

lawyer and as a banker in the city of London and was an adviser to the Slovene government on restructuring and pri-

Relations Bureau of the Portuguese Competition Authority

vatisation. Mr Jeklic holds graduate degrees in law from

since 2008. She joined the Portuguese Competition

Harvard and in psychoanalysis from University College

Authority in 2004 serving as legal officer in the restrictive

London. His research interests involve rationality in decision

practices department and then as an advisor to the Board.

making with a particular focus on the unconscious dynamics

She is a PhD candidate at King’s College London School of

underlying reality distortion and conscious and unconscious

Law and holds an LL.M. from Duke University Law School, a

aspects of bounded ethicality, particularly in the principal-

DES from Université Libre de Bruxelles and studied law at

agent context.

Catholic University, Oporto.

Moray McLaren Miguel Correia

[Iberian Legal Group]

[Católica Global School of Law, Lisbon]

Law at a Crossroads: rethinking the nature

Comparative Corporate Taxation

of legal services?

Miguel Correia is a research fellow at the Católica Global

Moray is the Executive Director of Iberian Legal Group, a

School of Law and counselor for tax affairs at the Portuguese

research, publishing and training group for corporate counsel

Permanent Representation to the European Union, in Brussels.

and law firms. Prior to that, he had a management role at a

He is currently a member of the Strategic Council of the

major City of London law firm. He has degrees from the

Post-Graduate Program in Taxation at the Catholic University

University of Wales, The London School of Economics and

of Portugal, in Lisbon. Miguel holds a PhD in Corporate Tax

an MBA in Law Firm Management from Nottingham Law

Law from the London School of Economics, an LLM in

School. Moray completed his legal studies at the College of

International Legal Studies from the Georgetown University

Law of England and Wales. He was formerly a legal associ-

Law Centre and an LLM in International Trade Law from the

ate within the International Development Law Organisation

University of Essex. He completed his law degree at the

(IDLO) in Rome and is currently an Associate Professor at IE

Catholic University of Portugal, in Oporto. Prior to his PhD,

Business School in Madrid where he teaches on the MBA

Miguel worked for several years as tax adviser for multina-

Program. Moray is the co-Program Director of IE Law

tional corporate groups at the International Tax Group of

School’s Lawyers Management Program and, in the USA, he

PricewaterhouseCoopers LLP in New York and at the

has recently joined Law Without Walls - a unique new collab-

International Services Line of Deloitte in Lisbon.

oration among the top law faculties.

Miguel Teixeira de Abreu

Pedro Cassiano Santos

[Católica Global School of Law, Lisbon]

[Católica Global School of Law, Lisbon]

International Taxation

Structured Finance and Securitisation

Miguel Teixeira de Abreu is a law graduate from the University

Pedro Cassiano Santos leads the Banking and Financial Law

of Lisbon (1982/1987), with an LL.M. from the London

department of Vieira de Almeida & Associados law firm, advis-

School of Economics and Political Sciences (1988/1989).

ing in banking and financial matters and being responsible for

23


transaction implementation and negotiation tasks, participat-

European Law Institute (DELI) at the University of Durham

ing regularly in the drafting and negotiation of contracts and

(UK) (1994- 06) and Lecturer and Senior Lecturer at the

other documentation for financial transactions of many

University of Southampton (UK) (1976-1994). She was also

types, including classic and mortgage loans, financial &

a Visiting Professorial Fellow at the Centre for Commercial

operating leasing, securitisation and equity and debt place-

Laws at Queen Mary & Westfield College (University of

ments both in Portugal and abroad. During his career at

London) from 2000-05. She has been Visiting Professor at

VdA, he has been seconded for over 3 years to an invest-

the Universities of Western Australia, Hamburg, Rouen and

ment bank providing in-house legal advice to the various

Georgia (USA). She teaches annually at the Academy of

activities of such client. In the securities’ area he worked in the

European Law in Trier (Germany) and at the Catholic

launching of Medium Term Note Programmes and issuance

University of Lisbon. Rosa Greaves was a “stagiaire” in the

of Notes thereunder, the setting up of the Portuguese secu-

Legal Service of the Commission (1976), worked with a firm

ritisation track record and more recently on the creation of

of City of London solicitors and spent two years in Brussels

Portuguese covered bonds and public sector bonds.

(1989 - 1990) where she worked as an in-house consultant

Raymond T. Nimmer

and Distributive Trades (DGXXIII) and for Coopers Lybrand

to the Directorate General then responsible Enterprise Policy [Dean, University of Houston Law Center, Distinguished Chair

Europe. In 1995 she spent three months in Judge David

in Residence, Católica Global School of Law]

Edward's Chambers at the European Court of Justice.

Common Law Contracts

During research leave periods in 1999 and 2004 she was a

Raymond Nimmer is the Dean and Leonard Childs Professor

Visiting Fellow at the Centre for European Legal Studies at

of Law at the University of Houston Law Center and co-

the University of Cambridge (UK). Rosa Greaves specializes

director of the Houston Intellectual Property and Information

in European commercial law and most of her research and

Law Institute. He is the author of over twenty-five books and

publications are in this area.

numerous articles, his most recently published books are Modern Licensing Law (2011, West Publishing), The Law of

Xiangshun Ding

Electronic Commercial Transactions (Shushenoff, 2011) and

[School of Law of Renmin University of China]

The Law of Computer Technology (4 edition, West 2009).

Law, Business and Society in China

Professor Nimmer is a frequent speaker at programmes

Xiangshun Ding is an Associate Professor and the Assistant

worldwide, in the areas of intellectual property, business and

Dean for Foreign Affairs of the School of Law of Renmin

technology law. He was the co-Reporter of the Drafting

University of China (RUC, Beijing). He is also the Director of

th

Committee on Revision of U.C.C. Article 2 and the reporter

Comparative Law Teaching and Research Section and

of the Uniform Computer Information Transactions Act

Deputy Director of the American Law Research Institute,

(UCITA). He has been a consultant to the National Science

RUC Law School. He has been a visiting professor at Indiana

Foundation and the office of the Legal Advisor of the U.S.

University in U.S.A. and Meiji University School of Law at

State Department. He is listed in the International Who’s

Tokyo, Japan . He will serve as Fulbright scholar at Harvard

Who of Internet and E-Commerce Lawyers, Who’s Who in

University Law School in the academic year of 2012 to 2013.

Law, and as one of the Best Lawyers in America. In addition

Professor Ding got an LL.M. from Indiana University School

to his expertise in technology and licensing issues, he is an

of Law and a Masters and a PhD from RUC. He was mem-

expert in areas of business law. He is the author of a four

bers of the Drafting Group of Implementation Measures of

volume treatise on Commercial Asset Based Financing and

the National Judicial Exam and of the Expert Panel of the

a Contributing Editor for a leading multi- volume treatise on

Modification of Law on Lawyers.

bankruptcy law and one on commercial law. He is admitted

His publications include A Comparative Research on Japan

to practice in Illinois and Texas as well as the United States

Judicial Exam and Legal Profession, Chinese corporate

Supreme Court.

lawyers face challenges in maintaining corporate social

Rosa Greaves

Procedure Law (Translated Work) and China Trial Advocacy

[University of Glasgow, UK and University of Oslo]

Handbook (Translated Work). His main research interests are

responsibility in the age of globalization, Japanese Criminal

Part 1

Competition Law

Rosa Greaves joined the School of Law at Glasgow in 2006 and has been a Professor II at the University of Oslo since 2004. She was appointed as Head of the School of Law in 2009. She was formerly the Director of the Durham

24

Comparative Judicial System, Comparative Legal Education, Anglo-American Law and Japan Law.


STUDENT

PROFILE

Students with a strong academic background and professional experience.

We seek highly motivated students with a strong academic background and professional experience. Candidates are subject to a highly competitive selection process. In addition, students are subject to a demanding evaluation system throughout the duration of the LL.M. programme, featuring written exams and take home essays. LL.M. Cat贸lica students are typically experienced lawyers from well-known law firms with an average age of 28. Students attending the LL.M. programme in the past have come from around the world, including such countries as Angola, Belgium, Brazil, Colombia, Georgia, Germany, Greece, Italy, Latvia, Mozambique, Poland, Portugal, Puerto Rico, Romania, Slovenia, Spain, Switzerland, United States of America, and Venezuela. Such diversity not only provides an opportunity for our students to develop their legal and academic careers, but gives them the opportunity to share experiences and build upon their personal relationships. Classes have typically around 20 - 30 students, so that everyone may have the opportunity to share experiences, exchange best practices and increase personal and professional relationships.

25


Soraia Sulemane Legal Advisor, Angola/Mozambique

When I first enrolled on this LL.M programme,

During this period, we have also had the chance

the purpose was to expand my acknowledgement

to celebrate the fact that this LL.M. was ranked,

on International Business Law,

by the Financial Times, as one of the best LL.M.

mainly because its subjects were somehow part of my daily professional routine.

programmes in the world. In addition to the quality of materials and subjects under discussion, which are focused on theory,

My work experience is mostly in countries that have inherited the continental legal system (from Portugal), with the challenge of having clients from several common law jurisdictions. I thought that this programme would bring me

practical examples and cases, the most important element of this course is undoubtedly the people involved on it. Excellent teachers. Great colleagues. The impeccable coordination team from the Cat贸lica Global School of Law.

responses to the comparative question marks

These are the successful factors that make

that I had in respect of several aspects.

this LL.M. so special and recommendable, added by the amazing weather and attractions

However, attending the programme itself proved to be completely different from my original thoughts. It has largely exceeded any expectation I had, in terms of the matters involved in each subject, the perspective in which each item is analysed and the integrated comparative criteria. With this programme, I had the opportunity to not only learn a lot of new concepts but, at the same time, I truly believe that this LL.M. has opened my horizons by enabling me to communicate in a way that fits recipients from different jurisdictions and countries.

26

of this beautiful Lisbon


ADVISORY BOARD

Advanced LL.M. is subject to permanent evaluation from the programme’s Advisory Board.

Andrea Biondi | Co-Director, Center of European Law, King's College London António Monteiro | Chairman of the Board of Directors, Millennium bcp Carlos Gomes da Silva | Executive Director, Galp Energia Daniel A. Crane | University of Michigan Evaristo Mendes | Universidade Católica Portuguesa Jan Dalhuisen | Miranda Chair in Transnational Financial Law, Católica Global School of Law João Confraria | Universidade Católica Portuguesa João Vieira Almeida | Vieira de Almeida & Associados John Phillips | Former Dean, King's College London José Engrácia Antunes | Universidade Católica Portuguesa Laurie Reynolds | University of Illinois, Visiting Professor at Católica Global School of Law Luís Branco | Morais Leitão, Galvão Teles, Soares da Silva & Associados Luís Cortes Martins | Serra Lopes, Cortes Martins & Associados Maria João Ricou | Cuatrecasas Gonçalves Pereira Miguel Teixeira de Abreu | Abreu Advogados Paulo Zagalo e Melo | Luso-American Foundation Philip R. Wood | Oxford, Cambridge, QMUL, London School of Economics Rosa Greaves | University of Glasgow Rui Machete | Lawyer Virginia L. Staab | Chairman of the Board of Directors, Fulbright Commission in Portugal

27


THE

PROGRAMME

PARTNERS

Virginia L. Staab [Chairman of the Board of Directors, Fulbright Commission in Portugal]

António Monteiro [Chairman of the Board of Directors, Millennium bcp]

As Portugal’s first privately owned bank, operating The Fulbright Program is proud to partner with the

in several European, Asian and African markets,

School of Law of the Catholic University of Portugal

Millennium bcp has long been committed to a culture

since the inception of this innovative and prestigious

of excellence in the study of business law,

LL.M. program. The program’s global nature advances Fulbright’s goal of fostering mutual understanding through academic and cultural exchange of scholars,

and to promoting a truly European spirit in the teaching of the discipline. In the LL.M. offered at the School of Law of the Catholic University of Portugal,

researchers and students and contributes to the honing

we are delighted to recognize the highest academic

of the exceptional bilateral relationship between

standards combined with an international outlook.

Portugal and the United States.

That is why we are proud to support this increasingly successful and prestigious programme.

28


Carlos Gomes da Silva [Executive Director Galp Energia]

Galp Energia's experience with the Católica Advanced LL.M. has strengthened

Miguel Teixeira de Abreu Partner, Abreu Advogados

Continuously considered amongst the Best Portuguese Companies to work for in Portugal (Exame/Accenture),

our conviction of the strategic importance of the

Abreu Advogados has always invested in the advanced

development of academic programmes specifically

education of its lawyers. The Firm has been associated

addressed at the understanding of the crucial role

with LL.M. Católica from the very first hour

of competition- driven issues, for both operators and consumers, in dynamic markets as is the case of the energy markets in Portugal and Spain, where we concentrate most our retail and bulk trading operations.

and sees such association as a fundamental tool in further promoting the education of the Portuguese legal profession and as an opportunity to be in contact with some of the future’s finest Portuguese lawyers. With over 170 lawyers practicing from its offices in Lisbon, Porto and Madeira, and a policy of Sustainability (the firm was the first Portuguese law firm to publish a CSR Report), Abreu Advogados is well aware of the importance of bringing aboard its Project, some of tomorrow’s brightest legal minds.

29


Maria João Ricou and Diogo Perestrelo Managing Partners, Cuatrecasas, Gonçalves Pereira

Luís Branco Partner, Morais Leitão, Galvão Teles, Soares da Silva & Associados

At Cuatrecasas, Gonçalves Pereira we have the Escola de Direito André Gonçalves Pereira which is an expression of our commitment with education and of our constant need to update and upgrade our lawyer´s skills. Our aim is to offer high standard internal training. This LL.M. programme stands out for its excellence and for its ability to provide the top quality expertise needed in a very competitive market. Therefore we are very proud to co-sponsor this LL.M programme again.

At Morais Leitão, Galvão Teles, Soares da Silva, we strive for excellence on a daily basis. We believe it is essential to establish solid ties with the law schools and are proud to be amongst the first law firms to participate in the LL.M. programme offered at Católica. This programme represents a major breakthrough in Portuguese legal education. Not only do we recognise the importance of an LL.M. programme for lawyers who want to pursue an international career, but we also know that Católica is just as committed to excellence in education as we are.

30


Luís Cortes Martins Managing Partner, Serra Lopes, Cortes Martins & Associados

Serra Lopes, Cortes Martins & Associados has a long-standing and close relationship with Universidade Católica’s School of Law. That’s why we’ve encouraged and supported the project since the first moment. The practice of last six years has confirmed our utmost expectations, transforming this project into a successful experience!

João Vieira de Almeida Managing Partner, Vieira de Almeida & Associados

VdAcademia, the first academy created by a law firm in Portugal, is the ultimate expression of VdA’s commitment to help promote excellence and innovation in the Portuguese legal market and to develop the legal professions through education. Supporting this LL.M. is an important part of that effort. We are teaming up with the best in the academic field

This is the only Advanced LL.M. taught currently

to foster a new, wider approach and experience

in Portugal and it is a very important opportunity

to those who will shape the legal markets in the future.

for our associates who have attended the course. I think that is a considerable improvement in the Portuguese legal market and attracts the best young professionals. In 2012 I should say that this LL.M. is certainly a confirmed success in the Portuguese legal education environment and we are very pleased to be associated with it.

31


Marta Leit茫o Lawyer, Portugal

Thomas Haine Lawyer, USA

The LL.M. programme clearly exceeded all my expectations. The international schooling environment significantly enriched my knowledge

As an American lawyer, legal practice

I had the chance to take a variety of different courses

integrity and economic strength of the

that match my fields of interest and learned a great

US's domestic legal system. Law school, in the interest of teaching you enough to pass the bar exams and prepare you for entering the current market, does not have as much interest in looking at strong future trends of the legal world. Washington University in St. Louis has looked to the future though, through its partnership with Cat贸lica. The role of Cat贸lica Global School of Law and the LLM's they offer is to prepare lawyers for the present and future globalized legal market.

32

and understanding of business law.

can seem entirely provincial due to the

deal, improving my practical expertise. Professors were truly remarkable and their teaching methods, applied in small sized classes, allowed interesting discussion forums. The international DNA of the programme also broadened my horizons and furthered personal and cultural growth. I met amazing and brilliant people from all over the world. I am proud that a Portuguese University offers such a high quality LL.M. programme.


GENERAL

Please, check our website for updated information

INFORMATION Ana Ferrão Anabela Filipe Graduate Programmes Assistants

Filipa Paiva e Pona Communication Coordinator

Tânia Abreu Godinho LL.M. Programme Assistant

Patrícia Gonçalves Career Office Coordinator

APPLICATIONS All LL.M. candidates must hold a first degree in Law. Preference will be given to candidates with a strong academic record. You may submit your application at any time, until May 20, and it must be completed with all required documentation. Candidates will be selected on a rolling-basis.

TUITION Full-time programme: 1 year OPTION 1 e 12.000 due on July 20 OPTION 2 e 13.000 payable in 10 monthly instalments (between July and April) Part-time programme: 2 years

Applicants should submit the following documents: • Application form,

OPTION 3 e 13.200 payable in 2 instalments OPTION 4 e 13.860 payable in 6 instalments

available at www.fd.lisboa.ucp.pt/english

• Personal statement, in English. This statement, of a maximum of two pages, should explain the applicant's experience and interest in graduate studies. It should also discuss the applicant's professional goals, and how the completion of this LL.M. degree could benefit his or her legal career.

• Two letters of recommendation, in English or in Portuguese. The authors should place it in an envelope, which must be sealed and signed across the seal.

• Official transcripts from schools attended, in English or in Portuguese. • Curriculum Vitae, in English,

with dates and lengths of

employment, maximum two pages.

Master’s thesis (optional): e 1.650 Additional semester abroad: e 2.175 SCHOLARSHIPS FLAD scholarship: For applicants from the USA, one Luso-American Foundation scholarship of e 7.000 and round-trip travel. Millennium BCP scholarships: for applicants from Greece, Poland and Romania, three

• Official TOEFL / IELTS score report, or an equivalent certificate.

Millennium BCP scholarships of

• Copy of Identity Card or Passport.

Católica scholarships:

• 2 photos.

half tuition waiver

e 13.333,33.

for applicants from Brazil - two grants; LL.M. ADMINISTRATION Phone +351 217 214 179 llm-catolica@fd.lisboa.ucp.pt

for applicants from China - two grants.

33


LISBON

A city with a unique light. Come and feel it all the year.

Lisbon is Portugal’s political and economic capital. Superbly located on the north bank of the Tagus River, Lisbon’s seven hills are its defining feature. Apart from LL.M. Católica, our students will benefit from Lisbon’s pleasures and cultural richness. The city has many traditions and various contrasting architectural styles, ranging from traditional areas with narrow alleys, which date from before the 1755 earthquake, to the magnificent open space of Praça do Comércio in the city center. Lisbon is very close to Estoril, Cascais and Sintra - some of the nicest and most prized areas in all of Europe. Portugal’s temperate climate means you can enjoy sunshine almost year round while taking advantage of Lisbon’s beaches and mountains. Whether you prefer a night at the opera, a visit to the castles, a soothing game of golf or the rush of great surf, Católica’s central location in Lisbon provides convenient access to all of Lisbon’s splendors. Not only is Lisbon a great place to live, but its location provides easy access to other major western European cities, such as Paris, Rome, and London. USEFUL SITES www.visitlisboa.com | www.lisbonwalker.pt | www.agendalx.pt | www.cm-lisboa.pt | www.strawberryworld-lisbon.com | www.visitportugal.com | www.ipmuseus.pt | www.ana.pt

34


LL.M. INTERNATIONAL

BUSINESS

LAW

Students learn what they are likely to face in international commerce and finance in the next 30 years.


May 2012

LL.M. INTERNATIONAL

BUSINESS

LAW

ADVANCED MASTER OF LAWS LISBON - PORTUGAL

RECENT GRADUATES MAY APPLY TO THE LL.M. LAW IN A EUROPEAN AND GLOBAL CONTEXT INFORMATION / APPLICATIONS: Phone + 351 217 214 179 | Fax + 351 217 264 566 llm-catolica@fd.lisboa.ucp.pt | www.fd.lisboa.ucp.pt/english Cat贸lica Global School of Law Palma de Cima 1649-023 LISBON PORTUGAL


LL.M. International Business Law