CURRICULUM
Course Descriptions: International Law520 International Law (3 or 4)
Murphy, Shelton, Steinhardt, Swaine
Introductory survey of the legal system governing relations among states and its expansion to non-state actors, such as international organizations, natural and juridical individuals, indigenous groups, and proto-states. Analysis of the sources of international law, including the formation of cus-tomary norms and techniques of treaty interpretation; the application and enforcement of international law in domestic courts, international tribu-nals, organizations, and diplomacy; doctrines of jurisdiction and immuni-ties; the impact of emerging states and new technologies on doctrine; the use of force; human rights; constitutional aspects of international law; and recurring political and jurisprudential issues. (Examination)
522 International Business Transactions (3)
Charnovitz, Karamanian, Spanogle
U.S. law and practice relating to characteristic forms of international trans-actions, including the transnational sale of goods (the law governing the documentary sale, various forms of letters of credit, commercial terms and insurance); the export of technology through franchising, distributorship, and licensing contracts; and the export of capital through the establish-ment, opera-tion, and withdrawal of foreign direct investment. The impact of relevant international organizations and/or emerging substantive inter-national commercial law (e.g., the United Nations Convention on Con-tracts for the International Sale of Goods). Specialized problems in the negotiation and structure of international transactions. (Examination)
524 International Commercial Law (2)
Spanogle
The study of international transactions for the purchase, sale, payment for, and financing of goods, as governed by the U.N. Convention on Contracts for the International Sale of Goods and other multilateral treaties on interna-tional lease financing, factoring, commercial paper, and fund transfers. The substantive -provisions of these treaties, the process by which they are de-veloped, and the various interpretive approaches available under different legal regimes will be considered. (Examination or research paper with per-mission of the instructor)
525 International E-Commerce Seminar (2)
How different legal regimes attempt to facilitate and regulate electronic commerce, and how the application of different national rules to transac-tions creates problems for e-merchants. Topics include formation, terms, and party protection on electronic contracts; the jurisdiction of private par-ties to sue and of public authorities to regulate e-merchants; privacy; and intellectual property and taxation issues. Enrollment is limited. Credit may not be earned for both Law 283 and 525. Prerequisite: Law 234 or 522. (Research paper)
526 International Trade Law (2 or 3)
Charnovitz
Study of domestic and international laws and institutions governing for-eign trade. Legal aspects of U.S. participation in the World Trade Organi-zation, NAFTA, and other international forums; laws regulating customs and tariffs, most-favored nation treatment, subsidies, dumping, unfair trade practices, and disruptive imports under the escape clause. Special-ized problems in regulating exports under the Export Administration Act, boycotts, corrupt practices, and restrictive business practices may be covered. (Examination)
527 Advanced International Trade Law (2 or 3)
Charnovitz
In-depth study of such topics as the operation and use of controversial trade remedies such as unilateral retaliation; intellectual property protec-tion under GATT–WTO and NAFTA; the treatment of developing countries in the world trading system and programs such as the Generalized Sys-tems of Preferences; the relationship between trade and labor; the rela-tionship between trade and environmental protection; and trade liberaliza-tion in special sectors such as financial services, agriculture, and govern-ment procurement. Specialized problems involving emerging linkages be-tween international trade and other fields, particularly philosophy and ju-risprudence, international relations, development economics, human rights, and national security. Prerequisite: Law 526 or permission of the instructor. (Examination)
528 International Litigation (2 or 3)
Steinhardt
Analysis of the law relevant to the trial of cases having international ele-ments in U.S. domestic courts, including the problems of establishing ju-risdiction over foreign defendants, obtaining transnational discovery and service of process, enforcing foreign judgments, drafting and defending choice of forum and choice of law clauses, determining the extraterritorial reach of U.S. law, proving foreign law, and assessing the role of U.S. courts in deciding cases with potential consequences for U.S. foreign rela-tions. The impact of international issues on actual litigation as well as the initial structuring of a transaction in light of the client’s potential litigation interests. Prerequisite or concurrent registration: Law 520; for post-J.D. students, permission of instructor may be substituted. (Examination)
529 International Labor Standards and the Global Economy (2)
Samet
Development of international labor standards and operation of the Interna-tional Labor Organization. World Trade Organization action on labor stan-dards and U.S. laws linking labor conditions with trade, including the Generalized System of Preferences, African and Caribbean trade prefer-ence programs, and NAFTA. Voluntary and private-sector initiatives. (Re-search paper or examination)
530 International Organizations (2 or 3)
Murphy
Analysis of characteristic legal issues arising out of the creation and op-eration of organizations of nation states. Included are issues of legal per-sonality, treaty making and norm creation, law making, privileges and im-munities, membership, dispute settlement, and withdrawal. Emphasis on the United Nations and its activities, including those relating to peace, se-curity, and human rights. Exemplary problems in organizations such as the International Labour Organization, the World Health Organization, and the World Trade Organization. (Take-home examination or research pa-per with permission of instructor)
531 International Judicial Assistance (2 or 3)
Ristau
Overview of the assistance rendered by U.S. courts to foreign and inter-national tribunals in securing evidence and serving foreign judicial docu-ments in this country; how litigants before U.S. courts may obtain such aid abroad. Review of conventions and treaties on mutual judicial assistance in force in the United States. (Examination)
532 Comparative Law (2 or 3)
Cummins
Study of legal systems in the civil law tradition (France, Germany, Italy, Spain, Latin America, Japan). Comparison with the common law system. Consideration of the history and sources of the civil law, the major public and private law institutions in civil law countries, civil and criminal proce-dure, the role of civil law lawyers (and of international lawyers working with them), and selected substantive legal issues. Several sessions are devoted to Islamic law as an example of a sophisticated non-European system. (Examination)
533 International Family Law (2 or 3)
Coburn
Comparative study of domestic and international laws and institutions af-fecting family law. The role of the state and religion in family decision making, marriage, divorce, child custody, property distribution, alimony, adoption, and inheritance rights. Treaties affecting substantive rights and international recognition of domestic decisions. Recommended: Law 520 or 532. (Examination or research paper with permission of the instructor)
534 Law of the European Union (2)
Study of the legal nature and structure of the European Union. Topics in-clude the roles of the Court and the other institutions, the question of sov-ereignty, the “four freedoms,” competition, company law and labor rela-tions, agriculture, and the EU in international law. (Examination)
535 Islamic Law (2)
Overview of the origins of Islamic law and development of schools of Is-lamic jurisprudence. Foundations of Islamic constitutional law, separations of powers, civil rights, the law of obligations, formation and dissolution of contracts, remedies, business contracts, banking law, and family law in-cluding marriage, divorce, child custody, and the law of property and in-heritance. Crimes and punishments. Islamic law as it pertains to interna-tional issues. (Examination or research paper with permission of instruc-tor)
536 Law of Japan (2)
Goodman
An introduction to the constitutional structure of Japan, including political in-stitutions and the judicial system, the legal profession, corporate law, busi-ness organizations, commercial law, administrative regulation, taxation, dis-pute -resolution, intellectual property, the Antimonopoly Act, and negotiating and drafting agreements. (Examination or research paper with permission of the instructor)
537 Traditional Jewish Civil Law (2)
Lewin
Introduction to the methods, history, structure, and substance of tradi-tional Jewish civil law. Using a section of the codified Jewish oral law known as Bava Basra, this course explores traditional Jewish civil law doctrine concerning topics such as property relationships between neighbors, mutual mistake and deception in sales contracts, inheritance, and topics relating to the law of evidence. In selected areas, the traditional Jewish civil law will be compared to the law of U.S. jurisdictions address-ing similar issues. All materials for the course are in English and no familiarity with Hebrew or prior knowledge of Jewish law is required. (Research paper)
538 Immigration Law I (2 or 3)
Morales
Theory and application of the Immigration and Nationality Act and 8 Code of Federal Regulations. Examination of practice before the Executive Of-fice for Immigration Review, Citizenship and Immigration Services, Immi-gration and Customs Enforcement, Customs and Border Protection, De-partment of State, and Department of Labor. Removal, political asylum, adjustment of status, naturalization, and other issues. Enrollment is lim-ited. (Examination)
539 Immigration Law II (2)
N. Lawrence
Family- and employment-based immigration practice. Regulations, case law, and procedural aspects concerning employment-based, nonimmigrant visa admission into the United States and lawful permanent resident status in the United States through employment and/or family preferences catego-ries. Prior enrollment in an immigration law course is not required. (Take-home examination)
540 Refugee and Asylum Law (2)
Sperber
Selected topics from the areas of international law pertaining to the pro-tection of refugees and domestic law of political asylum. Enrollment is lim-ited. (Take-home examination)
541 Introduction to Chinese and Japanese Law (3)
Introduction to the traditional and modern legal systems of China and Ja-pan. The relationship between law and society and the influence each cul-ture has had upon the other are considered through comparative study of the development of legal institutions and fields of law. Topics include con-stitutional structures, judicial systems, legal professions, administrative regulation, contracts, property, personal injury, corporate law, and dispute resolution. (Examination or research paper with permission of the instruc-tors.)
542 International Banking (2)
P. Robinson
Study of the legal aspects of international banking and finance, including international laws and regulations concerning the structure and transac-tions of international banks and institutions. Topics include the institu-tional, legal, and regulatory framework for international commercial bank-ing and development finance; the emerging rules regarding international trade in financial services; international supervision of banking activities and regulation of banking transactions; contractual instruments for inter-national financial transactions; and international debt and development crisis. (Examination)
543 Law of the People’s Republic of China (2 or 3)
Phan
Introduction to the basic institutions and processes of the legal system of the People’s Republic of China. Focus on the contemporary system and its role in political, economic, and social developments. (Take-home ex-amination)
544 Foreign Direct Investment (2)
Alexandrov
An examination of the legal, business, and financial problems involved in investing across national borders. Focuses on the strategies and tech-niques for structuring such investments and on the framework of regula-tion that affects them. The analysis includes U.S. regulation of foreign in-vestors, different types of foreign regulation of U.S. investments, and in-ternational controls on domestic regulation of foreign investment through treaties and conventions. Model international transactions and sample documents are used to illustrate basic issues. (Examination)
545 International Project Finance (2)
G. Smith
The use of contracts to shift and mitigate risks inherent in the acquisition, construction, and development of capital-intensive infrastructure projects (e.g., power generation, oil and gas production and distribution, industrial processes, telecommunications networks). Structural and risk allocation issues. Project finance in an international context with a focus on emerg-ing markets. Prior enrollment in Law 280 is recommended. (Examination)
546 International Law of Human Rights (3 or 4)
Shelton
An overview of international and regional human rights instruments and institutions, focusing on the manner in which the United Nations, Inter-American, European, and African human rights systems seek to protect individual and group rights. Examination of the problems these systems have encountered in discharging their mandate and exploration of ways to strengthen international and regional governmental and nongovernmental efforts in the human rights field. Prerequisite or concurrent registration: Law 520; for post-J.D. students, permission of instructor may be substi-tuted. (Examination)
547 Regional Protection of Human Rights (3)
Shelton
Advantages and disadvantages of addressing human rights issues re-gionally rather than at the national or global levels. The jurisprudence and procedures of the European, Inter-American, and African human rights systems. The potential for developing a regional system in parts of Asia. Prerequisite: Law 520. (Research paper)
549 Chinese Business Law (2)
Clarke
Introduction to the regulatory regime governing business activity in China. Issues of concern to foreign traders and investors. Specific regulations and their implementation in practice. (Take-home examination)
550 Law of the Sea (2)
Kenney
International law related to the use of ocean space. Development of inter-national law concerning internal waters, territorial sea, contiguous zone, high seas, continental shelf, fisheries, exclusive economic zone, maritime boundaries, marine environment, marine scientific research, deep sea-bed, and settlement of disputes. Current legal and policy issues associ-ated with these areas. Prerequisite or concurrent registration: Law 520; for post-J.D. students, permission of instructor may be substituted. Credit may not be earned for both Law 550 and 551. (Examination)
551 International Law of Territory and Territorial Disputes (2 or 3)
Basic principles of international law of territory and territorial disputes, in-cluding how sovereign title to territory is acquired, transferred, and chal-lenged, and how it is affected by demographic, historical, and political fac-tors. Traditional and contemporary principles for resolving territorial con-flicts such as the Indo–Pakistani Kashmir dispute, Iraq–Kuwait border dis-pute, Russo–Japanese Kurile Islands dispute, Western Sahara dispute, and Kurdish territorial disputes with Turkey and Iraq. Traditional state claims to exclusive territorial sovereignty and control versus emerging claims to territory control or rights based on self-determination, human rights, and minority rights. Credit may not be earned for both Law 550 and 551. (Examination)
552 Law of War (2)
Carnahan
Human rights law in international and internal armed conflict, examining the origins of the law of war, the 1949 Geneva Conventions for the Pro-tection of War Victims, the Geneva Protocols of 1977, the 1980 Geneva Conventional Weapons Convention, other treaties and customary interna-tional law relating to means and methods of warfare, the role of the Inter-national Committee of the Red Cross, war crimes and enforcement mechanisms, and current problems in the regulation of hostilities. Prereq-uisite: Law 520. (Research paper)
553 U.S. Export Control Law and Regulation (2)
Calabrese
Study of U.S. laws and regulations that govern the export of defense products and dual-use civilian technologies. Examination of international export control treaties and case studies. Students participate in team ex-ercises involving export transactions. (Take-home examination)
554 International Criminal Law (2)
Matheson
Prosecution of international crimes and application of national criminal law across international boundaries. The use of criminal sanctions to serve the objectives of the international community, particularly with respect to peace, national security, and human rights. Prior enrollment in Law 520 is recommended. (Examination)
555 Comparative Constitutional Law (2 or 3)
Fontana
Comparative study of approaches to establishing just, effective, and sta-ble forms of government, including constitutional techniques for ensuring stability while adapting to changing societal needs. (Examination)
556 International Arbitration (2)
Crook, Greenblatt, Ryan
Survey of arbitration and related mechanisms of dispute resolution in the international legal system that arise out of commercial, financial, and gov-ernmental transactions. Analysis of the arbitration agreement, the process of arbitration, and the enforcement of arbitral awards as well as the com-mon principles govern-ing the disposition of claims. Review of the various arbitral tribunals and their rules. Prerequisite or concurrent registration: Law 520 or 522; for post-J.D. students, permission of instructor may be substituted. (Examination)
558 International Negotiations (2)
Camp, Steinman
International negotiations from a practitioner’s perspective, with a focus on
private-sector negotiations. The roles and interests of each of the parties to a negotiation (including private actors, lending institutions, governments and government agencies, and multinational nonprofit organizations); po-litical and other domestic issues affecting international negotiations; prac-tical exercises in negotiations; and multilateral negotiations. Prerequisite or concurrent registration: Law 520 or 522; for post-J.D. students, permis-sion of instructor may be substituted. (Research paper)
559 Nation Building and the Rule of Law (2)
Miller, Isser
Legal norms and techniques used to help stabilize and rebuild societies emerging from violent conflict. Clarifying and reforming laws, reconstruct-ing and staffing judicial and law enforcement institutions, and establishing mechanisms to deal with past atrocities. Prior enrollment in Law 520 or 532 is recommended. (Research Paper)
560 Nuclear Nonproliferation Law (2)
Jonas
The use of international agreements, legislation, and regulations to deter acts of nuclear terrorism. Major international agreements, programs, and efforts to stop nuclear proliferation. (Research paper)
562 Public International Law Seminar (2)
Matheson, Carnahan, Youmans
Selected topics in the theory and practice of inter-national law to be an-nounced at the time of registration. Enrollment is limited. May be repeated for credit if topic differs. -Prerequisite: Law 520 or permission of instructor. (Research paper)
563 Trade Remedy Law (2)
Patterson
Remedies for U.S. businesses facing competition from imports, including U.S. laws concerning antidumping, countervailing duties, and safeguards. (Take-home examination)
564 International Business Transactions Seminar (2)
Alexandrov
Selected topics in international business law and practice to be an-nounced at the time of registration. Enrollment is limited. Prerequisite: Law 522 or permission of instructor. (Research paper)
565 Comparative Law Seminar (2 or 3)
Selected topics in comparative law to be announced at the time of regis-tration. Enrollment is limited. (Research paper)
567 Human Rights Advocacy Seminar (2)
Carrillo
Focus on fundamental lawyering skills in the context of the transnational setting of human rights advocacy, including research and writing, inter-viewing and counseling clients, fact development, case planning, profes-sional responsibility, and oral advocacy. Clinical exercises drawn from the human rights context. Corequisite: Law 633; prerequisite: Law 520, 546, or 568 or completion of the GW–Oxford International Human Rights Law Program. (Simulation)
568 Human Rights Lawyering (2 or 3)
Antkowiak, Bertoni
Human rights lawyering from the perspective of victims’ advocates and governmental and inter-governmental officials. Overview of international human rights law and key domestic legal principles. Methods of investiga-tion and fact-finding, interpretation and application of law, and choice of remedies. Role playing and other class exercises using the United Na-tions and Inter-American systems as models. (Take-home examination) |