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JUS5650 - Enforcement and Dispute Resolution in a Digital Context

Course content

The point of departure of the course is the increasing use of distributed computer networks, such as the Internet, to facilitate an ever greater array of transactions. The course studies the debilitating effects of this development on the ability to apply and enforce legal norms and thereby resolve disputes, focusing particularly on the phenomenon of computer crime—i.e., crime which is either directed primarily at computers and other forms of ICT or is perpetrated entirely or largely by use of ICT. A second strand of the course analyses certain remedies to the difficulties in enforcing legal rules in a digital online world. Special attention is paid in this regard to the possibility and desirability of “automated” enforcement methods based on the use of ICT, and to forms of electronic alternative dispute resolution (e-ADR).

The chief instruments examined in the course are the Council of Europe Convention on Cybercrime (2001), EU Council Framework Decision on attacks against information systems (2005), EU Commission Recommendation on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes (2001), and EU Council Resolution on a Community-wide network of national bodies for the extra-judicial settlement of consumer disputes (2000). Account is also taken of relevant Norwegian rules, particularly the domestic legislation on crime and criminal procedure.

Learning outcome

The primary objective of the course is to provide insight into the regulatory impact of ICT as such; that is, to analyse the significance and role of what has been termed “lex informatica” (Reidenberg). This involves understanding the interaction of legal norms with the regulatory effects of ICT and other non-legal measures, such as ADR schemes.

A secondary objective is to impart understanding of the difficulties in combatting computer crime and similar nefarious online activity, and of the possibilities and limits of utilizing technological “fixes” for such difficulties.
A further aim of the course is to elucidate the history of the development of schemes for e-ADR, together with the pros and cons of such schemes.

Admission

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Students who are admitted to study programmes at UiO must each semester register which courses and exams
they wish to sign up for by registering a study plan in StudentWeb.

You may register for this course if you have admission to a Master of Law-programme at UiO, the faculty's exchange-programme or have admission to Law-electives at masters-level. All applicants must fill the formal prerequisites.

International applicants, if you are not already enrolled as a student at UiO, please see our information about admission requirements and procedures for international applicants

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Prerequisites

Formal prerequisite knowledge

Students must fill one of these requirements:

Students with admission to the faculty’s exchange programme and students with admission to any master’s degree programme at the University of Oslo (except masterstudiet i rettsvitenskap) has an exemption from the formal prerequisites.

Recommended previous knowledge

Three years of law studies

Overlapping courses

5 credits overlap with ICTLECOMM - E-Commerce Law (discontinued).

Teaching

Lectures/seminars, 20 hours.

Language of teaching for this course is English. This means that all
communication during lectures/seminars will be in English, and all
literature and auxiliary materials are in English.

Access to teaching

A student who has completed compulsory instruction and coursework and has had these approved, is not entitled to repeat that instruction and coursework. A student who has been admitted to a course, but who has not completed compulsory instruction and coursework or had these approved, is entitled to repeat that instruction and coursework, depending on available capacity.

Examination

Term paper with a maximum of 4000 words.

A draft should be handed in in the middle of the semester, maximum 5 pages. Delivery of the draft is mandatory. Students are awarded either a passing or a failing grade on the draft.

Examination support material

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Regulations for support materials permitted at examination for courses taught in English

Language of examination

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The language of examination for this course is English. This means
that the examination question will be given in English, and students
may answer in English only.

Grading scale

Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.

Explanations and appeals

You may request an explanation of your grades, and you may also appeal against your grades or make a complaint about formal examination errors. Read more about explanations and appeals.

Resit an examination

You can usually resit an exam, but the conditions depend on whether you had a valid reason for absence from the regular exam. Read more about resitting an exam.

If a student has submitted a written assignment a second time in the same course s/he can only submit it in a new version. This means that there must be another title and theme, or that the new version must be considerably changed from the first version.

Students who wish to retake the exam in a later semester are not guaranteed that the course is ever repeated with a similar reading list, nor that the exam arrangement will be the same.

Withdrawal from an examination

A student may sit this exam up to 3 times. If a student wishes to withdraw from the exam, s/he must do so in StudentWeb at least two weeks prior to the first day of the exam. Failure to do so will be counted as one of the three opportunities to sit the exam.

A study programme may have rules that further limit the number of times a student may re-take this exam. In such instances the rules of the study programme will have priority.

Special examination arrangements

If you have a disability or a health problem that entails significant inconvenience in an examination situation, you may be considered for special examination arrangements. Mothers who are breastfeeding may apply for extra time to complete the exam.

Evaluation

Feedback from our students is essential to us in our efforts to ensure and further improve the high quality of our programmes and courses. All courses are subject to continuous evaluation. At regular intervals we also ask students on a particular course to participate in a more comprehensive, periodic evaluation of this course.

Other

The language for this course is English. Students enrolled in the
Masterprogrammet i rettsvitenskap must pass one
English subject as part of their degree, this course will meet these
obligations.

Facts about this course

Credits

10

Level

Master

Teaching

Every spring

Examination

Every spring

Teaching language

English

Semester pages

Teaching schedule, syllabus, examination date