ILO L200: THE INTERNATIONAL LEGAL ORDER
This introductory course deals with structural aspects of the international legal system, including the jurisprudence of international law and differing cultural and philosophical perspectives; the history of the international legal system; customary international law; treaty law; statehood and recognition; the United Nations and international organizations; and the relationship of the international legal system to domestic legal systems, using the United States as a primary example.
ILO L201: PUBLIC INTERNATIONAL LAW
This course will offer an introduction to the international legal system’s principal subfields, including international dispute resolution, the law of state responsibility, the use of force and counter-terrorism,the law of war, international criminal law, human rights, and jurisdiction and immunities. Time permitting; we may also cover selected issues in arms control, international environmental law, and international economic law. We will also explore how these subfields relate to domestic law, focusing on the U.S. legal system as the primary example. Open to students who have completed L200 or equivalent.
ILO L209: INTERNATIONAL TREATY BEHAVIOR: A PERSPECTIVE ON GLOBALIZATION
This seminar examines treaty behavior over a broad spectrum of subject areas—including security,environment, trade, and human rights. Approaches to international agreements affect economic, security, and foreign policy in this interdependent world. The seminar examines IL and IR theories of compliance. It explores exceptionalism in treaty behavior—American and other nations. A simulation will familiarize students with the process of treaty negotiation and drafting. The seminar offers students the opportunity to do research in depth on one or more treaties, or the behavior of a given nation or group of nations under several treaties. Prior law courses helpful but not required.
ILO L210: INTERNATIONAL HUMAN RIGHTS LAW
An introductory survey of international human rights law and procedures, including detailed examination of global, regional, and national institutions to protect human rights. The course traces the development of contemporary concepts of human rights, including issues of universality, whether or not certain categories of rights have priority over others, and the means of creating and enforcing human rights law. The role of non-governmental organizations in fact- finding and publicizing human rights violations is also addressed.
ILO L211: CURRENT ISSUES IN HUMAN RIGHTS
This seminar analyzes in greater depth a limited number of issues that are of contemporary interest in the field of international human rights law. While specific topics vary, those addressed in recent years have included equality and non-discrimination; democracy; economic and social rights; business and human rights; and humanitarian intervention. The seminar requires a substantial research paper that analyzes a human rights issue in depth, the topic to be determined in consultation with the instructor. Open to students who have completed L210 or equivalent.
ILO L212: NATIONALISM, SELF-DETERMINATION AND MINORITY RIGHTS
This seminar explores the evolution of the concepts of self-determination and minority rights from the nineteenth century to the present. The focus is on changing legal norms, including interpretation of the principle of self-determination by the League of Nations and United Nations; protection of the rights of ethnic, religious, and linguistic minorities; and the articulation of the rights of indigenous peoples. The seminar requires a substantial research paper that analyzes a contemporary situation in which these issues are significant. Open to students who have completed L200, L210 or equivalent.
ILO L213: INTERNATIONAL CRIMINAL JUSTICE
Demands for accountability for mass atrocities have triggered the development of international criminal justice, which has become a significant phenomenon in international relations. This course reviews mandates and operations of contemporary international and hybrid courts, including the International Criminal Court, the UN tribunals for Rwanda and the former Yugoslavia, and the special courts, such as the ones in Cambodia or Lebanon. It considers how they confront impunity for war crimes, crimes against humanity and genocide, by trying individual leaders, including heads of state. It analyzes the tension between state sovereignty and international criminal justice, and how the latter is challenged for being selective. It is recommended that students have completed L216.
ILO L214M: TRANSITIONAL JUSTICE
This seminar considers the range of processes and mechanisms available to ensure accountability for large-scale human rights violations and achieve reconciliation, including criminal justice, truth and reconciliation commissions, and mechanisms, which incorporate local custom, such as gacaca in Rwanda. It reviews some of the philosophical, moral and political considerations pertaining to the challenge of reconciliation in these contexts. This course is taught remotely by the professor. One-half credit.
ILO L216: INTERNATIONAL HUMANITARIAN LAW
This seminar offers an introduction to international humanitarian law, the body of law regulating armed conflicts. It retraces its evolution, focusing on efforts to mitigate human suffering in war and on the protection of civilians. It considers the challenges posed to the application of IHL by the changing nature of armed conflicts. The topics discussed include: the principles underpinning IHL, the definition and types of armed conflicts, the distinction between combatants and civilians, the regulation of private military and security companies, humanitarian action during armed conflict, the use of child-soldiers, rape as a ‘weapon of war,’ and other war crimes.
ILO L220: INTERNATIONAL ORGANIZATIONS
Using the case method, this course explores the key court decisions that have helped establish the legal principles that empower and regulate international organizations. Analysis of these cases illuminates the relationship and tension between international law and politics in this area, as well as shows how courts help and hinder the development of international organizations, sometimes in the same case. Additional case studies will focus on contemporary problems facing a variety of international organizations. The debates and assessment exercises will strengthen students’ critical reasoning skills, in addition to fostering a sophisticated understanding of the law created for and by international organizations.
ILO L221: ACTORS IN GLOBAL GOVERNANCE
This seminar is designed to explore in a comparative mode various actors in global governance: global organizations, regional organizations, groupings of states, non-governmental organizations, private sector actors, and networks. The first part of the seminar is devoted to theoretical, institutional, and legal issues. Each student then develops and presents to the class an outline for a “Reform Report” on an institution of their choice, taking stock of its performance and offering a vision for the future. Based on feedback from the class, constituted as the ‘senior management group’ of the institution, the report is finalized and submitted as the major assignment for the course.
ILO L224: PEACE OPERATIONS
This course looks at peace operations both as instruments for the management of conflict, and as a lens for understanding major issues in contemporary international affairs. Combining a thematic and case study approach, we consider the law, politics and doctrine of peacekeeping. Select cases are examined to draw out recurring themes and dilemmas, such as sovereignty v. intervention, peace v. justice and the UN v. regional organizations. In addition to lectures and structured discussion, the format of the course includes student presentations and a simulation exercise.
ILO L230: INTERNATIONAL BUSINESS TRANSACTIONS
This course provides an examination of private and public law aspects of international business transactions, including conflicts of law and comparative law issues. It examines the selection ofthe optimal business format for international operations, including branch, subsidiary, joint venture, technology license and distributorship; international commercial law, including sales contract, and commercial documents; international contracts and dispute resolution issues, including governing law, and choice of forum, force majeure, and treaty issues; and the United States Foreign Corrupt Practices Act.
ILO L232: INTERNATIONAL INVESTMENT LAW
This seminar examines the laws, policies, and legal institutions influencing cross-border investments, with special emphasis on emerging markets and developing nations. It studies the nature of international investment and multinational investors, the international legal framework for international investment with particular emphasis on rapidly evolving treaty law, such as bilateral investment treaties (BITs), NAFTA, and the Energy Charter Treaty, as well as arbitration and judicial decisions applying them. It also considers national regulatory frameworks for foreign investment, the contractual and legal mechanisms for structuring, financing, and protecting international investments, and methods for settling investment dispute.
ILO L233: INTERNATIONAL FINANCIAL AND FISCAL LAW
This course is intended to introduce students to the legal and regulatory context of international finance. It covers selected domestic and international aspects of (i) corporate law relating to finance, (ii) bank financing and regulation, (iii) securities financing and market regulation and (iv) insolvency law. It also addresses the process of innovation in international financial law, with coverage of emerging market debt, swaps and other derivatives, privatizations, and securitization. These topics will be reviewed from the standpoint of domestic law of the United States and other selected jurisdictions, as well as from the standpoint of applicable international law and practice.
ILO L236M: SECURITIES REGULATION: AN INTERNATIONAL PERSPECTIVE
This module will review the evolution of securities regulation regimes in North American and European jurisdictions. We will evaluate differing models relating to the regulation of public offering of debt and equity securities, issues of securities disclosure and enforcement, and the regulation of investment banking and broker/dealer activities across borders. In addition to comparing different substantive approaches, we will review and analyze the increasing convergence in international disclosure and accounting standards and their implications for international markets, as well as continuing challenges relating to the regulation of markets and their participants on a worldwide basis, particularly in light of the global financial crisis. Not offered AY 2016-2017.
ILO L237: MERGERS AND ACQUISITIONS: AN INTERNATIONAL PERSPECTIVE
This seminar reviews the structuring, negotiation, and implementation of cross-border merger and acquisition transactions, taking into account applicable issues of international law, and national practice. The seminar discusses alternative forms of transaction structure and the underlying tax and legal considerations considered for choosing particular approaches. We will also analyze different forms of acquisition agreements, review the role and application of key transactional concepts, and analyze how they are addressed in the context of specific transactions. We will take the opportunity to review the typical areas of negotiation in the acquisition of private and public companies, and evaluate how those negotiations are affected by international regulatory, legal, and fiscal considerations. The seminar will review trends in deal terms drawing on recent transactions involving North American, European, and Asian companies. Not offered AY 2016-2017.
ILO L240: LEGAL AND INSTITUTIONAL ASPECTS OF INTERNATIONAL TRADE
This course examines the law of international trade in goods and services, focusing principally on the law of the World Trade Organization and its General Agreement on Tariffs and Trade, as well as on the foreign trade law of the United States. This sector of international law includes specialized negotiation and dispute settlement processes, as well as particular types of rules, restraining national restrictions on trade. These rules address tariff and non-tariff barriers, discrimination, regionalism, anti-dumping duties, countervailing duties and safeguards measures. This course will pay particular attention to how this legal system manages various facets of globalization.
ILO L250: LAW AND DEVELOPMENT
This seminar examines the role of law and legal systems in the economic and social development of developing nations, emerging markets, and countries in transition. It explores how law may both inhibit and foster change and the ways that legal institutions may be organized to achieve national goals. It first considers the nature of law, the nature of development, and the theoretical relationships of law to the development process. It then explores the links between law and development through case studies on land tenure, foreign investment, environment, governance, constitutionalism, corruption, judicial reform, enterprise organization, and the rule of law.
ILO L262: FOREIGN RELATIONS AND NATIONAL SECURITY LAW
This course deals with the intersection of international law and United States constitutional law, focusing upon the separation of powers doctrine and the allocation of decision-making authority, international law as part of United States law, treaties and other international agreements, the war power and terrorism, the appropriations power, federalism, the role of the courts, and current national security issues. Open to students who have completed L200 or its equivalent, or with permission of the instructor.
ILO LXXXM: SELECTED ISSUES IN LAW OF THE SEA
ILO 300-399: INDEPENDENT STUDY
Directed reading and research for credit, providing an opportunity for qualified students to pursue the study of particular problems within the discipline of International Law and Organizations under the personal guidance of a member of faculty. The course may be assigned to a Field of Study according to the topic selected. By consent of the professor and petition.
ILO 400: READING AND RESEARCH
Noncredit directed reading and research in preparation for PhD comprehensive examination or dissertation research and writing on the subjects within this division. By consent of the professor.