|
Courses (Instructors):
- International Criminal Law (Morris/ Mégret)
- International & Comparative Law of Contracts (Kadner/ Dolinar)
- International Environmental Law (Boisson de Chazournes/ Raustiala)
- International Tax Law (Schmalbeck/Torrione)
- International Trade Law (Pauwelyn/Fazzone)
- Introduction to American Law (Christie/Dimond)
International and Comparative Law of Contracts
This course will address a series of highly topical issues on contract law (conclusion of international contracts, remedies
for breach of contract, fundamental change of circumstances in long term contracts) from a comparative and international perspective. In international commercial contracts the parties
are free to choose the law applicable to their contract. This freedom implies the burden to choose between different national laws, the United Nations Convention on Contracts for the
International Sale of Goods (Vienna Convention or CISG) and some modern “Restatements” of contract rules that have recently been published and may now be chosen by the
parties of international contracts to govern their relationship (UNIDROIT Principles of International Commercial Contracts; Principles of European Contract Law, published by the
Commission on European Contract Law or “Lando Commission”). Case studies will be used to analyze the solutions of several national contract laws (from different European
countries and the U.S., including the Uniform Commercial Code) and to compare them with the UNIDROIT Principles of International Commercial Contracts, the Principles of European
Contract Law, and the Vienna Convention. An analysis will be made of the advantages and disadvantages of choosing certain national laws, the UNIDROIT Principles, the Lando Principles or
the Vienna Convention. The course will mainly focus on substantive contract law but will also cover issues of transnational litigation (international jurisdiction and private
international law of contracts) and of International Commercial Arbitration as the main dispute resolution mechanism for resolving disputes arising out of international contracts
(particularly focusing on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the UNCITRAL Model Law, the ICC Rules of Arbitration, the U.S. Federal
Arbitration Act of 1925 and recent Arbitration Acts of Germany, England, Russia, and China and comparing them with each other).
Taught by Kadner and Dolinar
(2 semester-hours of credit)
International Environmental Law
International environmental law has evolved in a substantial, and sometimes dramatic, way over the past few decades. In this
course, the phases of its evolution will first be assessed in light of the interplay of key principles. These have often played a pioneering role in bringing about transformations in
international conduct in the environmental area, as well as in other areas, such as investment, trade law, human rights and institutional law. The course will then turn to several
specific areas of international cooperation such as climate change, biological diversity, and endangered species and evaluate how cooperation has progressed and whether and why the
tools states employ including treaties, “soft law,” and unilateral action have been effective.
Taught by Boisson de Chazournes and Raustiala
(2 semester-hours of credit)
International Tax Law
This course is an introduction to international taxation of business transactions. The principal rules of the United States taxation system
relating to international business will be reviewed. The course will then focus on how the United States's rules interact with taxation systems in European countries. An overview of the
rules of the taxation system of an European State will then be given; it will include a general review of the principles of the EC Treaty as applicable in tax matters according to the
case law of the EC Court of Justice, and generally, of the EU legislation in tax matters. The emphasis will then be on the role of tax treaties as a means of harmonizing inconsistent
national tax rules and avoiding double taxation. As an illustration, the OECD model treaty will be examined in detail. A number of cases, including actual judicial decisions as well as
hypothetical cases based on situations encountered in practice, will be used to focus discussion.
Taught by Schmalbeck and Torrione
(2 semester-hours of credit)
International Trade and Commercial Law
The first term of this course will examine key elements of the World Trade Organization (WTO) agreements. The economics,
history, and institutional framework of the world trading system will be discussed and the core principles of the WTO will be covered. Based on specific examples, the course will look
at the progressive reduction and/or elimination of tariff and non-tariff barriers to trade in goods; the non-discrimination principles set out in the MFN (most-favored-nation) and
national treatment clauses; and the general exceptions provided for health and environmental protection. There will also be an examination of the WTO dispute settlement mechanism and
efforts at regional trade liberalization. The course will be set in the context of the ongoing Doha round of negotiations and host prominent guest speakers from the WTO itself. The
second term of the course will examine other laws affecting international trade including countries' international trade regulatory laws and the commercial and private law of
international transactions. The course will draw on specific representative examples of domestic international trade law, how these laws fit in with the multilateral trading system and
their impact on trade. The course will also examine key legal issues in international commercial transactions and how they have been affected by the progressive liberalization of world
trade. This will include an examination of the private law of contract, international dispute resolution through arbitration, the development of common legal principles, and the
significance of persistent differences in nations' laws affecting international trade.
Taught by Pauwelyn and Fazzone
(2 semester-hours of credit)
Introduction to American Law
This course is intended to provide a broad introduction to key elements of American law. In the first half of the course, some of the
unique aspects of the American version of federalism and its impact on the American legal system will be examined. Common law methods of statutory interpretation will be discussed and
work will be done on a sequence of products liability cases to acquaint the student with the techniques of case analysis as a way of understanding how the common law changes and
develops over time. In the second half of the course, special attention will be given to developing a working understanding of the American litigation system, including pre-trial
discovery and trial procedure, and the growth of alternatives to litigation, such as mediation.
Taught by Christie and Dimond
(2 semester-hours of credit)
War Crimes, Terrorism, and Crimes Against Humanity: The Content and Enforcement of International Criminal Law
This course will focus on the enforcement of
international criminal law, including the criminal provisions concerning genocide, war crimes, international terrorism, and crimes against humanity. After examining the historical and
theoretical underpinnings of this field, with discussion of the Nuremberg and Tokyo tribunals, the class will then consider recent developments, including the International Criminal
Tribunals for the former Yugoslavia and Rwanda, the national prosecutions for genocide in Ethiopia and Rwanda, the Truth and Reconciliation Commission of South Africa, and the law of
“universal jurisdiction” (the form of jurisdiction under which Spain sought to prosecute Augusto Pinochet). Turning toward current developments, the course will consider
emerging issues in the law of international terrorism, and will examine in some depth the new International Criminal Court, as well as the “mixed” tribunals for Cambodia and
Sierra Leone.
Taught by Morris and Mégret
(2 semester-hours of credit)
|
