International & Comparative Law

6520 International Law (3 or 4)   Murphy, Steinhardt, Swaine, Bell 

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 customary norms and techniques of treaty interpretation; the application and enforcement of international law in domestic courts, international tribunals, organizations, and diplomacy; doctrines of jurisdiction and immunities; 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)

6521   International Money Laundering, Corruption, and Terrorism (3)   Lasich, J. Smith

Interrelationships among money laundering, corruption, and terrorism, their threat to global peace and prosperity, and the convergence of international law efforts to confront them. Because the detection of concealed assets is essential to deterring these crimes, students will learn the fundamentals of financial investigation and “mutual legal assistance” between countries through a five-week computerized gaming exercise. (Paper and examination or take-home examination at the instructor’s discretion)

6522   International Business Transactions (3)   Charnovitz, Karamanian

U.S. law and practice relating to characteristic forms of international transactions, 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 establishment, operation, and withdrawal of foreign direct investment. The impact of relevant international organizations and/or emerging substantive international commercial law (e.g., the United Nations Convention on Contracts for the International Sale of Goods). Specialized problems in the negotiation and structure of international transactions. (Examination)

6523   The International Competition Law Regime (2)   Baker, Briggs

Anti-monopoly laws and their national and international enforcement. Competition policy and key national, bilateral, and multinational elements of the emerging international competition regime. Recommended: Law 6402. (Research paper)

6524   International Commercial Law (2)

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 international lease financing, factoring, commercial paper, and fund transfers. The substantive provisions of these treaties, the process by which they are developed, and the various interpretive approaches available under different legal regimes will be considered. (Examination or research paper with permission of the instructor)

6526   International Trade Law (2 or 3)   Charnovitz

Study of domestic and international laws and institutions governing foreign trade. Legal aspects of U.S. participation in the World Trade Organization, 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. Additional topics may include specialized problems in regulating exports under the Export Administration Act, boycotts, corrupt practices, and restrictive business practices. (Examination)

6527   Advanced International Trade Law (2 or 3)   Charnovitz

In-depth study of the World Trade Organization (WTO) rules and its dispute settlement system. Each year the course examines some of the most recent developments in trade law, with a close reading of recent WTO adjudicatory decisions on issues such as subsidies, regulation of goods, regulation of services, sanitary restrictions, product standards, investment measures, and intellectual property. Issues of U.S. trade law and the relationship of international trade law to other fields of international law may also be addressed. Prerequisite: Law 6526 or permission of the instructor. (Take-home examination or research paper with permission of the instructor)

6528   International Litigation (2 or 3)   Cohen

Analysis of the law relevant to the trial of cases having international elements in U.S. domestic courts, including the problems of establishing jurisdiction 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 relations. 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 6520; for post-J.D. students, permission of instructor may be substituted. (Examination)

6530   International Organizations (2 or 3)

Analysis of characteristic legal issues arising out of the creation and operation of organizations of nation states. Included are issues of legal personality, treaty making and norm creation, law making, privileges and immunities, membership, dispute settlement, and withdrawal. Emphasis on the United Nations and its activities, including those relating to peace, security, and human rights. Exemplary problems in organizations such as the International Labour Organization, the World Health Organization, and the World Trade Organization. (Examination)

6532   Comparative Law (2 or 3)   Bignami, 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 civil law, the major public and private law institutions in civil law countries, civil and criminal procedure, 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)

6533   International Family Law (2 or 3)   Kucinski

Comparative study of domestic and international laws and institutions affecting 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 6520 or 6532. (Examination or research paper with permission of the instructor)

6534   Law of the European Union (2, 3, or 4)   Bignami

Study of the legal nature and structure of the European Union. Topics include the roles of the Court and the other institutions, the question of sovereignty, the “four freedoms,” competition, company law and labor relations, agriculture, and the EU in international law. (Examination)

6535   Islamic Law (2)   Al-Meswari, Khan

Overview of the origins of Islamic law and development of schools of Islamic 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 including marriage, divorce, child custody, and the law of property and inheritance. Crimes and punishments. Islamic law as it pertains to international issues. (Take-home examination or research paper with permission of instructor)

6536   Law of Japan (2)   

Introduction to the Japanese legal system and comparative analysis of U.S. and Japanese law. Constitutional law, separation of powers (including political institutions and the judicial system), corporate law, equality law, religious freedom, administrative law, civil and criminal procedure, and the legal profession. (Examination or research paper with permission of the instructor)

6538   Immigration Law I (2 or 3)   Benitez, E. Brown, Fresco, Golparvar, Morales

Theory and application of the Immigration and Nationality Act and 8 Code of Federal Regulations. Examination of practice before the Executive Office for Immigration Review, Citizenship and Immigration Services, Immigration and Customs Enforcement, Customs and Border Protection, Department of State, and Department of Labor. Removal, political asylum, adjustment of status, naturalization, and other issues. Enrollment is limited. (Examination)

6539   Immigration Law II (2)   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 categories. Prior enrollment in an immigration law course is not required. (Take-home examination)

6540   Refugee and Asylum Law (2)   Dzubow, Pilcher

Selected topics from the areas of international law pertaining to the protection of refugees and domestic law of political asylum. Enrollment is limited. (Take-home examination)

6542   International Banking and Investment Law (2)   Karamanian, Kadel

Study of the legal aspects of international banking and finance, including international laws and regulations concerning the structure and transactions of international banks and institutions. Topics include the institutional, legal, and regulatory framework for international commercial banking 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 international financial transactions; and international debt and development crisis. Credit may not be earned for both Law 6542 and 6541. (Examination)

6543   Law of the People’s Republic of China (2 or 3)   D. Clarke

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 examination)

6544   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 techniques for structuring such investments and on the framework of regulation that affects them. The analysis includes U.S. regulation of foreign investors, different types of foreign regulation of U.S. investments, and international controls on domestic regulation of foreign investment through treaties and conventions. Model international transactions and sample documents are used to illustrate basic issues. (Examination)

6545   International Project Finance (2)   DeMasi

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 emerging markets. Prior enrollment in Law 6280 is recommended. (Examination)

6546   International Law of Human Rights (3 or 4)   Dickinson, Steinhardt

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 6520; for post-J.D. students, permission of instructor may be substituted. (Examination)

6547   Regional Protection of Human Rights (3)   Shelton

Advantages and disadvantages of addressing human rights issues regionally 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 6520. (Research paper)

6548   Space Law (2)    Hertzfeld

International law related to the use of outer space. Analysis of space treaties in force, the role of intergovernmental and nongovernmental international organizations, and space laws and regulations of various nations. The relationship of space law to air law. Issues of liability resulting from space activities, military use of space, pollution and contamination of outer space, and earth observations and remote sensing. Enrollment is limited. Prerequisite: Law 6520 or permission of the instructor. (Research paper)

6549   Chinese Business Law (2)   D. 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)

6550   Law of the Sea (2)   Benoit

International law related to the use of ocean space. Development of international law concerning internal waters, territorial sea, contiguous zone, high seas, continental shelf, fisheries, exclusive economic zone, maritime boundaries, marine environment, marine scientific research, deep seabed, and settlement of disputes. Current legal and policy issues associated with these areas. Prerequisite or concurrent registration: Law 6520; for post-J.D. students, permission of instructor may be substituted. (Take-home examination)

6552   Law of War (2)   Carnahan, Solis

Human rights law in international and internal armed conflict, examining the origins of the law of war, the 1949 Geneva Conventions for the Protection of War Victims, the Geneva Protocols of 1977, the 1980 Geneva Conventional Weapons Convention, other treaties and customary international law relating to means and methods of warfare, the role of the International Committee of the Red Cross, war crimes and enforcement mechanisms, and current problems in the regulation of hostilities. Prerequisite: Law 6520. (Examination or research paper)

 6553   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 exercises involving export transactions. (Take-home examination)

6554   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 6520 is recommended. (Examination)

6555   Comparative Constitutional Law (2 or 3)  Fontana

Comparative study of U.S. and non-U.S. legal systems. Structural issues including federalism and separation of powers; individual rights issues including affirmative action, abortion, and freedom of speech. (Take-home examination)

6556   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 governmental transactions. Analysis of the arbitration agreement, the process of arbitration, and the enforcement of arbitral awards as well as the common principles governing the disposition of claims. Review of the various arbitral tribunals and their rules. Prerequisite or concurrent registration: Law 6520 or 6522; for post-J.D. students, permission of instructor may be substituted. (Examination or take-home examination at the instructor’s discretion)

6557   Introduction to Transactional Islamic Law (1 or 2)   Khaleq

Examination of the principles of Islamic finance, Shari’a investment criteria, and the means to structure Shari’a-compliant transactions and products. Focus on Islamic law as applied to cross-border transactions, regardless of the nature and identity of the players. Case studies analyze underlying investment principles and agreements and the legal environment in which they operate, including the role of Islamic banking and finance in addressing global challenges in such sectors as the development of renewable energy, infrastructure, and technology transfer. (Take-home examination)

6558   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); political and other domestic issues affecting international negotiations; practical exercises in negotiations; and multilateral negotiations. Prerequisite or concurrent registration: Law 6520 or 6522; for post-J.D. students, permission of instructor may be substituted. (Research paper)

6559   Nation Building and the Rule of Law (2)   Warren

Legal norms and techniques used to help stabilize and rebuild societies emerging from violent conflict. Clarifying and reforming laws, reconstructing and staffing judicial and law enforcement institutions, and establishing mechanisms to deal with past atrocities. Prior enrollment in Law 6520 or 6532 is recommended. (Research paper)

6562   Public International Law Seminar (2)   Buergenthal, Carnahan, Youmans

Selected topics in the theory and practice of international law to be announced at the time of registration. Enrollment is limited. May be repeated for credit if topic differs. Prerequisite: Law 6520 or permission of instructor. (Research paper)

6563   Trade Remedy Law (2)   P. Clarke

Remedies for U.S. businesses facing competition from imports, including U.S. laws concerning antidumping, countervailing duties, and safeguards. (Take-home examination)

6564   International Business Transactions Seminar (2)   Alexandrov

Selected topics in international business law and practice to be announced at the time of registration. Enrollment is limited. Prerequisite: Law 6522 or permission of instructor. (Research paper)

6565   Comparative Law Seminar (2 or 3)   Lerner

Selected topics in comparative law to be announced at the time of registration. Enrollment is limited. (Research paper)

6568   Human Rights Lawyering (2 or 3)   Celorio

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 investigation and fact-finding, interpretation and application of law, and choice of remedies. Role playing and other class exercises using the United Nations and Inter-American systems as models. (Take-home examination)

6570   International Human Rights of Women (2)   Celorio

Theoretical and practical challenges to reinforcing international human rights of women. Major international and regional treaties and instruments; standards to determine sex discrimination as developed by international tribunals and domestic courts; interaction of international and domestic law in the context of women’s rights; and feminist/activist theories and critiques on topics such as state responsibility for violence against women and conflicts between women’s rights and religious or cultural rights. (Research paper)

6571   Human Rights and Environmental Protection (2 or 3 credits)   Shelton, Orellana

The intersection of national and international law on human rights and environmental protection, with focus on rights-based approaches to environmental protection and how environmental deterioration may limit or infringe the enjoyment of guaranteed rights. The current state of the law concerning a claimed right to a safe and healthy environment, corporate social responsibility, land and resource rights of indigenous peoples, the role of international financial institutions, and human rights litigation linked to environmental harm. Prerequisite: Law 6520. (Research paper)

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