Información de la asignatura

1. Course details

1.1. Content area

Cultural property in cross-border disputes

1.2. Course nature

Optional

1.3. Course level

Grado (EQF/MECU 6)

1.4. Year of study

466 - Graduado/a en Derecho: 4
686 - Graduado/a en Derecho (2016): 4
687 - Graduado/a en Derecho y en Administración y Dirección de Empresas (2016): 6
731 - Graduado/a en Derecho y en Administración y Dirección de Empresas (2019): 6
468 - Graduado/a en Derecho y en Administración y Dirección de Empresas: 6

1.5. Semester

Indeterminado

1.6. ECTS Credit allotment

6.0

1.7. Language of instruction

English

1.8. Prerequisites

B2 English level is required.

1.9. Recommendations

Although this course may be followed by any student, a basic knowledge of conflict of laws may be very useful.

1.10. Minimum attendance requirement

Attendance to class is mandatory. Attendance to the tutorial session is also mandatory.

1.11. Subject coordinator/s

1.12. Competences and learning outcomes

1.12.1. Competences

Competences
* This course contributes to the acquisition of the following competences:
1. General competences:

-G2. To express and suitably convey (in English) complex ideas, problems and solutions, orally and in writing, to a specialized and non-specialized public.

-G5. To search, select, analyse and synthesize information in order to formulate judgments that come from a personal reflection on academic relevant topics.

-G7. To learn to design, plan and organize your own work, encouraging initiative and entrepreneurship.

2. Specific competences:
-E3. To know the institutions of Public and Private Law.

-E5. To search, select, analyse and synthesize relevant legal information to solve cases of Private International Law.

-E8. To show the ability to solve practical cases in accordance with the law in force in the area of cultural property disputes.

1.13. Course contents

A. Lectures

1. Obligations of the student:

Previous preparation of classes with the recommended basic bibliography.

Implementation of the activities proposed in the teaching guide.

2. Programme of the lectures:

Unit 1. Introduction to cultural property and its legal protection: what is cultural property? How is cultural property protected? Who owns cultural property?

Unit 2. The international trade of cultural property: Legal texts applicable; Role of property rights; PIL issues: jurisdiction and applicable law

Unit 3. Disputes regarding stolen art/cultural property: legal texts applicable; PIL issues: jurisdiction and applicable law

Unit 4. Restitution disputes (in particular resulting from the nazi looting): legal framework; jurisdiction and immunities; applicable law

Unit 5. Developments in disputes regarding cultural property.

3. Materials:

Bibliography, legal texts or case-law for each session will be specified in the Moodle platform.

B. Support tutorial session

Tutorial: Resolution of questions and/or assessment of exercises performed by students.

1.14. Course bibliography

Bibliography, legal texts or case-law materials for each session will be specified in the Moodle page.

2. Teaching-and-learning methodologies and student workload

2.1. Contact hours

2.2. List of training activities

3. Evaluation procedures and weight of components in the final grade

3.1. Regular assessment

1. Continuous assessment system

The work and tasks developed throughout the course and active participation in class will be taken into account in order to assess the students.

Students may be asked to develop different activities such as passing a multiple-choice test, making a presentation, studying case law, writing a memo or a reporting on a specific case.

All students must also take a final exam including all the subjects of the course.

Students enrolled after the commencement of the course must take the tests (if any) that they missed due to their late enrolment before the end of the period of continuous assessment.

2. Final exam:

Requirements: in order to take the final exam students must

- Have done in due time at least 80% of the tests and activities required for the continuous assessment.

- Have obtained at least 3 points out of 10 in the continuous assessment.

Aim and contents: the final exam may consist of a written task where the students may show they have acquired the legal skills related to cross-border disputes in relation to cultural property as well as a critical mindset regarding the different interests at stake in these disputes.

Date and place: please check the Final Exams’ Schedule (Calendario de Pruebas Finales) at the Faculty's web page.

3. Final assessment:

Final assessment will be the result of adding the mark obtained in the continuous assessment to the one obtained in the final

exam according to the following percentages:

Final assessment: 50 %

Continuous assessment: 50 %

Students in any of the three situations bellow will obtain a mark of no evaluado (not assessed):

- Those who have not taken any of the tests or developed any of the activities required for the continuous assessment.

- Those who, even having taken those tests or developed such activities, do not fulfil the minimum requirements to take the final exam.

- Those who fulfil the requirements to take the final exam but do not take it.

Students who show a lack of academic probity during the activities and tests required for the continuous assessment in no case will be entitled to obtain the mark no evaluado.

4. Assessment of second enrolment students (estudiantes en segunda matrícula)

Students on their second enrolment in this subject having obtained at least 3 points out of 10 in the continuous assessment on their first enrolment may apply for the maintenance of such mark at the moment they enrol for the second time. In such case they will not need to attend to the lectures and will only be required to take the final exam. The final exam may consist in a multiple choice test or a written task.

3.1.1. List of evaluation activities

3.2. Resit

The final test will cover the program items and will allow to evaluate if the student has acquired the knowledge required.

Students who do not take the exam will obtain a no evaluado mark.

Students who show a lack of academic probity during the activities and test of the continuous assessment will in no case be entitled to obtain the mark of no evaluado.

Date and place of the exam:

Please check the Calendario de Pruebas Finales at the Faculty's website.

3.2.1. List of evaluation activities

4. Proposed workplan

Check proposed workplan at Moodle website.

The schedule, in any case, will have a merely indicative character of the planning of the sessions, and may be subject to changes according to the needs and development of the program.