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. Fall semester. Michael Glennon
ILO L201: Public International Law
This survey course provides an overview of the international legal system’s principal sub-regimes, including those relating to international dispute resolution, jurisdiction and immunities, human rights, the use of force and terrorism, the law of war, criminal responsibility, arms control, the environment, and the relationship of these sub-regimes to domestic legal systems, using the United States as a primary example. Open to students who have completed ILO L200 or its equivalent. Spring semester. Michael Glennon
ILO L207: Seminar on International Politics and International Law
International politics and international law are clearly intertwined. Policy professionals often are required to use international legal discourse, and to establish international legal rules and organizations in order to achieve their goals. At the same time, international lawyers must consider political realities in crafting rules that will be respected and enforced. This seminar is suitable for students who already have some background in international politics and international law. Also listed as DHP P207. Not offered 2009-2010. Joel Trachtman and Daniel Drezner
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. 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 nation under several treaties. Prior law courses helpful but not required. Fall semester. Antonia Chayes
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. Fall semester. Hurst Hannum
ILO L211: Seminar on 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; international criminal law; business and human rights; and humanitarian intervention. Open to students who have completed ILO L210 or equivalent. Spring semester. Hurst Hannum
ILO L212: Seminar on 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. Prerequisite: ILO L200, L210, or equivalent. Fall semester. Hurst Hannum
ILO L213: International Criminal Law
Word Count: This seminar will expose students to international criminal law re: genocide, crimes against humanity, war crimes, torture, and terrorism. They will also study the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the hybrid tribunals in Sierra Leone, Cambodia, Bosnia, East Timor and Kosovo. The seminar begins with an historical overview since Nuremberg followed by analysis of the legal instruments of these tribunals and their major cases. The seminar ends with domestic application in selected countries emphasizing those exercising universal jurisdiction. Fall semester. Louis Aucoin
ILO L214: Transitional Justice
This seminar deals with the choices facing countries attempting to establish accountability for past abuses of human rights in the aftermath of mass atrocities. Students will consider the philosophical and moral issues associated with this subject and analyze the mechanisms available for post conflict justice including international ad hoc criminal tribunals, the International Criminal Court, the hybrid tribunals in Sierra Leone and East Timor, and approaches like Truth and Reconciliation Commissions and mechanisms, including the gacaca process in Rwanda, which incorporate local custom. Students will also study the reconstruction of the justice system, examining non-criminal sanctions and considering the challenge of reconciliation in these contexts. Fall semester. Louis Aucoin
ILO L220: International Organizations
This course provides an introduction to the theory and practice of international organizations (IOs). Its central theme is the interaction between international law and politics, illustrated through an in-depth examination of the United Nations and a secondary focus on selected regional organizations. After a number of classes on theory and cross-cutting institutional issues, the bulk of the course is devoted to the substantive work of IOs in three principal areas: peace and security, human rights, and sustainable development. It concludes by considering reform of IOs from the perspective of the ‘democratic deficit’. The format of the course is primarily lectures and structured discussion. Spring Semester. Ian Johnstone
ILO L221: Seminar on 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 course 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 organization 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 organization, the report is finalized and submitted as the major assignment for the course. Spring semester. Ian Johnstone
ILO L223: Seminar on International Environmental Law
This course addresses the nature, content and structure of international environmental law. The course commences with an introduction to international environmental problems, together with basic principles of international law and environmental regulation. Specific topics include global warming, stratospheric ozone depletion, and exports of hazardous substances. Other topics may include marine pollution, transboundary pollution, trade and environment, and development and environment. The course evaluates the role of international and non-governmental organizations; the interrelationship between international legal process and domestic law; and the negotiation, conclusion, and implementation of international environmental agreements. Fall semester. David Wirth
ILO L224: Seminar on Peace Operations
Enthusiasm for peacekeeping has fluctuated in recent years, from exuberance in the early 1990s to disillusion in the mid-90s, back to cautious enthusiasm at the end of the decade, followed by an unprecedented surge in UN and non-UN operations over the past several years. Combining a thematic and case study approach, the course begins with several sessions on the legal framework, functions of peace operations and doctrine. Select contemporary cases are then considered to draw out recurring themes and dilemmas, such as the protection of civilians and peace v. justice. The course concludes with a simulation exercise on a possible new operation. Fall semester. Ian Johnstone
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 foreign law issues. It examines the selection of the 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, currency, and treaty issues; and the United States Foreign Corrupt Practices Act. Fall semester. John Burgess
ILO L232: Seminar on 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, legal mechanisms for structuring, financing, and protecting projects, portfolio investment in emerging markets, and methods for settling investment disputes. Spring semester. Jeswald Salacuse
ILO L233: International Financial and Fiscal Law
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. Spring semester. John Burgess
ILO L234: International Intellectual Property Law and Policy
This course will provide an introduction to basic principles of intellectual property law concepts, specifically patents, trademarks and copyrights. From there, the course will examine the impact of various international conventions and treaties on intellectual property rights. Particular attention will be paid to the protection of intellectual property rights in selected legal regimes; and to the competing interests of intellectual property owners in global commercial transactions. The rapid development and widespread adoption of Digital Technology and the Internet pose serious challenges to long accepted doctrines of copyright and trademark law, and these will also be addressed. Spring semester. Thomas Holt and Tara Clancy
ILO L237m: Mergers and Acquisitions: An International Perspective
This module will review the structuring, negotiation and implementation of cross-border merger and acquisition transactions, taking into account applicable issues of international law and national practice. The module will discuss 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 also review trends in deal terms drawing on recent North American, European and Asian transactions. One-half credit. Not offered 2009-2010. John Burgess
ILO L239m: Corporate Governance in International Business and Finance
This module seminar explores business, financial and legal issues affecting corporate governance and management of risk, both in industrialized and developing countries. Students will examine the nature of the corporation, management roles and board responsibility, the role of regulatory authorities, as well as corporate culture, corporate social responsibility, and capital market development. The seminar will focus on policy implications, including wide-spread efforts to effect corporate governance reforms and set standards in the wake of corporate scandals and systemic risk. Also listed as EIB B239m. One-half credit. Spring semester. S. Donald Gonson
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. Spring semester. Joel Trachtman
ILO L243: Seminar on International Legal Aspects of Globalization
Globalization has economic, social, political, historical, cultural and legal dimensions. This seminar will focus on legal parameters of, and mechanisms for, globalization. This course will examine the relationship between efforts to promote international markets and the right to regulate, international regulatory competition, efforts to regulate international business at a global or regional level, judicial responses to globalization, and global constitutionalism. Students will have an opportunity to engage in research on legal aspects of globalization and to present their work in the seminar. This course is not suitable as a first course in international law. Not offered 2008-2009. Joel Trachtman
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, the environment, governance, constitutionalism, corruption, judicial reform, and the rule of law. Spring semester. Jeswald Salacuse
ILO L251: Comparative Legal Systems
This course covers the two principal legal traditions in the world--the common law and the civil law traditions with exposure to the Islamic tradition and European Union law as well. It is intended for diplomats, international civil servants, business executives, and lawyers. Students will study the historical evolution of the traditions in comparative perspective with emphasis on France and Germany in the civil law and on the United States and the United Kingdom in the common law. The methodology entails study of the underlying legal philosophies of these traditions through analysis of the sources of law, judicial process and judicial review and through learning constitutional law, contracts, and criminal and civil procedure. Spring semester. Louis Aucoin
ILO L252 Rule of Law in Post Conflict Societies
This seminar studies methodologies used by international actors in promoting the rule of law post conflict. It focuses on eight aspects: constitutional development, code reform, legal drafting, judicial reform, accountability for past abuses, fighting corruption, democratic policing, and local custom. These are strategies for building the basic institutional framework strictly necessary for the maintenance of peace and security in the immediate aftermath of conflict. The seminar will therefore deal with the restoration/ reestablishment of the justice sector and only minimally with economic issues. It includes case studies of East Timor, Kosovo, South Africa, Cambodia, Rwanda, Iraq, and Afghanistan. Not offered 2009-2010. Louis Aucoin
ILO L260: The Law of the European Union
The seminar offers an overview of the law and institutions of the European Union with historical perspective from the Treaty of Rome of 1957 through to the Treaty of Lisbon currently in negotiation. Also, students will learn the substantive law relating to the famous four freedoms: the freedom of goods, persons, services, and capital as well as selected substantive areas including competition law, trade law, and human rights. Study includes the primary treaty provisions and European norms (regulations, directives, and decisions) and major cases. Students will consider the supranational and intergovernmental aspects of the EU and will learn about the direct effect of the law in Member States. Spring semester. Louis Aucoin
ILO L262: Foreign Relations and National Security Law
This seminar 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 ILO L200 or its equivalent, or with permission of the instructor. Enrollment limited to 18 students. Spring semester. Michael Glennon
ILO L264m: Non-Proliferation Law and Institutions
Existing non-proliferation regimes center around three important multilateral treaties and the verification mechanisms associated with them: the Nuclear Non-Proliferation Treaty, the Chemical Weapons Convention, and the Biological Weapons Convention. Recent events have raised serious questions about the viability of the existing regimes. The objective of this seminar is to explore these developments from a legal and institutional perspective. Situated in the broader context of the politics and policies of non-proliferation, we will look at the past, present and future of each regime, drawing on current cases to illustrate their strengths and weaknesses. We will look at the key legal instruments, the institutional arrangements for monitoring compliance and the enforcement mechanisms. Special attention will be devoted to new initiatives that seek to complement existing regimes. A key theoretical question that runs through the course is whether international law and institutions are central or peripheral to the management of a problem that goes to the core of the national security interests of many states. Not offered 2008-2009. Ian Johnstone
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.