International Law and Organization (ILO) Courses
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.
Course duration: Full semester
Credits: 3.0
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.
Course duration: Full semester
Credits: 3.0
ILO L210 International Human Rights Law
This course will trace the legal and political development of international human rights law. It will begin by exploring the philosophical bases of this body of law in the context of the positivist legal tradition of the 19th and early 20th centuries. It will examine the nature and structure of the international legal system, and provide an overview of the early development of international human rights law within the context of the evolution of that system. The course will focus on the scope and substance of modern human rights law, and will analyze the application of these standards in the context of case studies encompassing issues of hate speech, extraterritorial application of human rights law, and discrimination on the basis of sex and sexual orientation. It will also survey the extensive array of human rights mechanisms created under the auspices of the UN and regional intergovernmental organizations. In addition, the course will provide a brief introduction to related areas of international law, including the international law of armed conflict (also known as international humanitarian law) and international criminal law in the strict sense, and the interaction of these bodies of law with international human rights law. The format of the course will consist primarily of lectures, structured discussion, and role-playing activities.
Course duration: Full semester
Credits: 3.0
ILO L211 Current Issues in Human Rights
This seminar addresses in greater depth various topics of current interest in international human rights law. It is not a general survey of human rights, and knowledge of international human rights law and procedures is a prerequisite for the course. The spring 2024 seminar will be centered around the theme of non-state actors. It will examine the application of human rights law in situations where the direct perpetrators are non-state actors across various contexts, including the prevention of discrimination & hate speech; business & human rights; human trafficking; climate change; and non-international armed conflict. Prerequisite: ILO L210 International Human Rights Law or the equivalent.
Course duration: Full semester
Credits: 3.0
ILO L213 International Criminal Justice
Following a long fallow period after Nuremberg, the demand for accountability for mass atrocities in the 1990s and since has catalyzed the creation of a range of mechanisms of international criminal justice. This course explores the contours of international criminal law and the institutions that apply it. We will consider the scope and boundaries of the core international crimes - genocide, crimes against humanity, and war crimes - and the range of actors potentially liable for those violations. In so doing, we will examine the application of this body of law through international courts, such as the International Criminal Court and the UN tribunals for Rwanda and the former Yugoslavia, hybrid or special courts, such as those in Sierra Leone and Cambodia, and domestic courts exercising universal jurisdiction. The course will examine the reach and limits of these bodies in confronting impunity, the tension between state sovereignty and international criminal justice, and the problem of selectivity.
Course duration: Full semester
Credits: 3.0
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.
Course duration: Module
Credits: 1.5
ILO L215 Ethics in the Practice of Foreign Affairs
Many of an individual’s most morally significant decisions and actions occur at work. This is true whether one works in the private sector, the public sector, or the NGO sector. The normative weightiness of such decisions is particularly high in many of the careers to which Fletcher students aspire. At the same time, it is well established that social and organizational context plays a key role in shaping behavior, including by shaping an individual’s behavior in ways that can run contrary to her independent ethical judgment. In other words, it is extremely difficult to think and act ethically at work. Detached from the professional context, graduate school provides a crucial opportunity for moral reflection at a moment when that reflection can have a real impact in shaping future action. Seizing on that opportunity, this course wrestles with the key dimensions of moral difficulty likely to face those working at the transnational or international level (broadly construed). We begin with philosophical foundations, covering the three key modes of moral reasoning: consequentialism, deontological ethics, and virtue ethics. We then turn in the second part of the course to thinking through problems at the intersection of morality and psychology, understanding the concept of moral dimensions (culpability, blame, and burden), and clarifying the distinction between justification and excuse. The third and dominant part of the course isolates and focuses on the most vexing normative issues and challenges likely to arise for those working in the transnational realm. Among others, this will include wrestling with the dilemmas involved in negotiating with criminal or terrorist actors, doing business in a context of mass corruption, prioritizing recipients of humanitarian aid, engaging in whistleblowing or disobedience, and deciding whether to serve in an administration engaged in nefarious. The objective of the course is to empower students with the philosophical tools to shape their professional lives in such a way that they can ultimately reflect back upon their careers and endorse them morally from a position of honest and searching self-evaluation.
Course duration: Full semester
Credits: 3.0
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.
Course duration: Full semester
Credits: 3.0
ILO L217 International Law and Migration
The number of displaced persons worldwide has reached record highs, and practitioners and policymakers working in situations of humanitarian crisis are confronted with increasingly complex legal, policy, and practical challenges related to displacement. In particular, migration flows are more than ever characterized by overlap between contexts and categories of persons with heightened vulnerabilities and protection needs. As a law course, it will focus on the analysis of relevant international legal frameworks applicable to migration and displacement, including international refugee law, international human rights law, international humanitarian law, international criminal law (in both the general and strict senses), the law of the sea, and international labor law. It will also examine the practice of relevant international organizations, and will consider the significance of the recently adopted Global Compact on Refugees and Global Compact on Migration and their follow-up mechanisms. The course will consider application of the above frameworks in the context of specific phenomena, including migration by sea, human trafficking, individuals fleeing violence perpetrated by non-State actors, the displacement of individuals internally and within transit countries, as well as the interface between international law and select domestic asylum systems.
Course duration: Full semester
Credits: 3.0
ILO L220 International Organizations
This course provides an introduction to the field, focusing on the interaction between international law and politics in international organizations. It begins by briefly reviewing theories of global governance and international institutions, from the perspective of both international law and international relations. It then provides an overview of the United Nations system, the European Union and other regional organizations. We then turn to a number of cross-cutting legal and institutional issues, including law-making, interpretation of the law, and the role of the executive head of an international organization. The bulk of the course is devoted to the substantive work of international organizations in peace and security, human rights, humanitarian affairs, development and the environment. The course concludes with several sessions on reform, focusing on the legitimacy of the existing institutional architecture and new models of global governance.
Course duration: Full semester
Credits: 3.0
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.
Course duration: Full semester
Credits: 3.0
ILO L222 Selected Issues in Law of the Sea
This course explores current issues implicating the Law of the Sea (and in particular the United Nations Convention on Law of the Sea and related treaties). It explores the interaction of an international legal regime with the challenges posed by geography, climate change, history, military rivalry, trade and politics, and in turn how an international legal regime can itself influence the course of national conduct, whether through negotiation, adjudication or “lawfare”. We will explore the ongoing tension between freedom of the seas and sovereign rights and regulation, in contexts ranging from current political-military rivalries and criminal conduct at sea to the exploitation and management of marine resources and preservation of the ocean environment. We will also discuss how the ambivalent attitudes of leading military and commercial powers affect the rule of law in the oceanic context. The course uses current challenges in the South China Sea and the Arctic as a vehicle for consideration of certain of these topics.
Course duration: Full semester
Credits: 3.0
ILO L223 International Environmental Law
International environmental challenges rank among the most serious threats to peace, security, and sustainable development. This course examines how the international community is responding, focusing on the major international treaties and diplomatic initiatives of today. The course surveys global action on climate change, biodiversity loss, terrestrial and ocean conservation, ozone depletion, air and marine pollution, plastics, and hazardous chemicals. The course also examines cross-cutting themes, including the structure and patterns in environmental geopolitics, law and diplomacy, the role of foreign aid and private capital, links between trade and environmental policy, and emerging ideas relating to environmental justice. Thematic discussions are often explored in the context of the climate crisis, the most active and high-profile area of environmental diplomacy. The course includes a simulated international negotiating session that is timed to preview the outcomes of the annual global climate summit, offering students a chance to compare their solutions to those in the real world. The course is hybrid, with in-person discussions lead by the professor and virtual meetings featuring outstanding guest lecturers (environmental diplomats, legal experts, and advocates) from around the world.
Course duration: Full semester
Credits: 3.0
ILO L224 Conflict Management Tools for International Organizations
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.
Course duration: Full semester
Credits: 3.0
ILO L227 Sustainable Development and Global Human Rights
In an age of multiple crises for international law and relations and for multilateral institutions, it is essential to deepen the study of the relevance and function of international law to the shared challenges of coexistence, development and survival of human communities. This course on Sustainable Development and Global Human Rights (SD-GHR) is framed to focus attention on the role of human rights and its mechanisms globally in complementing the contemporary challenge of sustainable development. An emphasis in the course will be on illustrating how the norms and mechanisms of international human rights law and sustainable development coexist around five themes: data and digital participation; hunger; water; health and knowledge management; and reduction of violence and access to remedies.
Course duration: Full Semester
Credits: 3.0
ILO L230 International Business Transactions
This course is an introduction to the law of international business transactions. It is designed to be accessible to students with diverse academic backgrounds, legal or otherwise. The course is divided into seven parts. Part 1 provides a general introduction to basic legal categories and taxonomies, such as private-public law, substantive-procedural law, and choice of law. Part 2 focuses on specific international business contracts and instruments, covering international sales contracts, letters of credit, commercial terms, and project finance. Part 3 addresses the role of the public sector in international business transactions. This involves considering the role of the State both as a contractor through State-owned enterprises or in investment contracts, and as a regulator in areas such as taxation, corruption, competition, and intellectual property. Part 4 presents regimes of international law relevant to international business, such as trade and investment law. Part 5 features corporate social responsibility as an essential ingredient of business transactions. Part 6 considers the settlement of international disputes, covering litigation, commercial arbitration, and investment arbitration. Finally, Part 7 relates to the enforcement of judgments and arbitral awards related to international business transactions. Class discussions will include examples from both global-north and global-south jurisdictions.
Course duration: Full semester
Credits: 3.0
ILO L231M International Arbitration
International arbitration is one of the most widely used mechanisms of dispute resolution across legal systems, industries, and geographical regions. This module provides students with a practice-oriented introduction to international arbitration, from the formation of the arbitration agreement to the enforcement of foreign arbitral awards. The focus of the module lies in international commercial arbitration. The module begins with a general description of the legal frameworks applicable to international arbitral proceedings. It then addresses three key moments in an arbitration. The first moment is the period preceding the arbitral proceedings. This part of the module highlights the design of the arbitration agreement, considering its elements and validity requirements. It also conveys drafting techniques for effective arbitration clauses. The second part of the module covers the conduct of the arbitral proceedings. It provides an overview of the main stages of an arbitration, from the constitution of the arbitral tribunal through the production of an arbitral award. In this context, students will engage with a broad range of topics, including the ethical duties of arbitrators, transparency, the taking of evidence, and interim measures of protection. The third moment is the period that follows the end of the arbitral proceedings. Students will learn about the annulment, recognition, and enforcement of arbitral awards, with examples from a myriad of jurisdictions from both the global north and the global south. The final session of the module provides a general overview of the use of arbitration in the settlement of disputes between foreign investors and States. Students will recognize the peculiarities of investor-State arbitration and how it differs from international commercial arbitration.
Course duration: Module
Credits: 1.5
ILO L232 International Investment Law
This course offers an advanced introduction to the law of foreign investment, one of the most dynamic and yet contested areas of international law. It provides an overview of domestic and international law mechanisms for the protection of foreign capital, as well as the emerging network of soft law instruments relevant for foreign investment. The focal point of the course lies in the law of investment treaties. Students will become familiar with the notions of “investment” and “investor”, substantive standards of investment protection (e.g. the guarantee of a “fair and equitable treatment” and protection against expropriation), and legal devices striking a balance between the interests of foreign investors and the public interest (e.g. environmental and national security exceptions). The course draws particular attention to the settlement of investment disputes. It addresses key concepts of investor-State arbitration, such as jurisdiction of investment tribunals, admissibility of claims, applicable law, stages of the proceedings, and recognition and enforcement of arbitral awards. The final part of the course is devoted to the movements of reform and change in international investment law. Students will engage in ongoing debates about the future of international investment law and discuss competing reform agendas from both the global south and the global north.
Course duration: Full semester
Credits: 3.0
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.
Course duration: Full semester
Credits: 3.0
ILO L235 Cyberlaw and Cyberpolicy
Jurisdiction, speech, search, evidence, copyright, and response to attacks haven’t been the same since the Internet came into play—and law has been having a hard time keeping up with the changes that the new technology has wrought. This course is an introductory course to some of the complex legal issues of cyberspace. Learn how the Digital Revolution impacts First, Fourth, and Fifth Amendment law, the failure and solutions of copyright in the Digital Age, problems raised by the Computer Fraud and Abuse Act, antitrust and tech, and the Law of Armed Conflict. The course will largely focus on U.S. law and jurisprudence, but will illuminate issues by adding an international perspective. Plan to write, think, and argue!
Course duration: Full semester
Credits: 3.0
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.
Course duration: Full semester
Credits: 3.0
ILO L246 Reparation in International Law
Offers a critical reflection on the evolution of the legal regime applicable to repairing wrongs under international law. It will look at the codification of the principle of reparation and its forms by the International Law Commission in its Articles on State Responsibility for Internationally Wrongful Acts, and then at reparation(s) in practice, including novel forms of reparation outside the traditional framework codified by the International Law Commission. We will examine the jurisprudence of international courts and tribunals and the practice of other international bodies in interpreting and applying the principles and standards of reparation across the spectrum of international law, international investment law, international human rights law, international criminal law. At the end of the course, students are expected to develop an understanding of the international legal frameworks governing reparation for violations of international law, and strengthen their skills in legal analysis, interpretation and argument. In addition, students will develop critical skills, identifying areas of debate reflected in international jurisprudence and practice within the broader context of law, policy and interdisciplinary considerations.
Course duration: Full Semester
Credits: 3.0
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.
Course duration: Full semester
Credits: 3.0
ILO L253 Comparative Constitutional Law
This course explores topics arising in the comparative study of constitutional systems and constitutional questions of law. The course will start by examining the goals, methods, and practical relevance of comparative constitutional analysis. Next, we will begin our engagement with some of the field’s most critical questions: first, we will explore the role of international and comparative law in the interpretation of constitutions; second, we will explore the role of the judiciary and the judicialization of politics in various systems; third, we will examine the question of constitutional change, both how constitutions are amended and how new constitutions are written; fourth, we will look at the structure of the state, and how far a state may go to protect itself, including concerning emergency powers and limits on political speech; finally, we will explore the question of positive rights and how they are formulated and understood in various jurisdictions. In engaging these questions and employing a comparative frame, the course has two overarching goals: first, addressing questions of comparative institutional design and comparative doctrine can aid in informing practice and policy in other countries; second, developing a thorough understanding of comparative practice, can enrich our understanding of our own respective systems. Readings will cover what are sometimes termed ‘influential’ jurisdictions such as the US, France, Britain, India and South Africa, as well as those often considered to be jurisdictions at the ‘periphery,’ with case studies from Eastern Europe, Latin America and the Middle East, among others. Many of the sessions will include guest speakers who are experts in the respective constitutional system or thematic topic.
Readings will cover what are sometimes termed ‘influential’ jurisdictions such as the US, France, Brittain, India and South Africa, as well as those often considered to be jurisdictions at the ‘periphery,’ with case studies from Eastern Europe, Latin America and the Middle East, among others. Many of the sessions will include guest speakers who are experts in the respective constitutional system or thematic topic.
Course duration: Full semester
Credits: 3.0
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.
Course duration: Full semester
Credits: 3.0
ILO L264 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 developments, including concerns about weapons of mass destruction falling into the hands of non-state actors, have raised questions about the viability of 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. More generally, we will consider what – if any - is the impact of international law and institutions in a field that goes to the core of national and international security.
Course duration: Full semester
Credits: 3.0
ILO L270 International Law Practicum
A few years ago, Fletcher launched its first faculty-led International Law (“IL”) Practicum with the goal of bridging the divide between theory and practice in the international human rights field. As part of this innovative experiential learning course, a select group of Fletcher students have the opportunity to gain hands-on real world experience working on compelling human rights related projects under the professor’s supervision for real clients and partners from the nongovernmental and intergovernmental organization sector. The client/partners have included (i) the UN Special Representative to the Secretary General on Violence Against Children, (ii) International Detention Coalition, (iii) Norwegian Refugee Council, (iv) Mercy Corps, and (v) the Global Legal Action Network (“GLAN”) Law. Examples of potential project deliverables include desk reports, petitions, human rights education materials and programing, policy reports, memoranda, white papers, advisories, client briefings and oral presentations. All projects involve research, writing, and an opportunity to discuss and reflect on the skills and strategies employed by human rights practitioners as well as questions of ethical, political and professional responsibility related to human rights work.Through supervised practice, students cultivate a range of skills, become substantive experts on an issue or subject matter, and further develop a professional identity. In sum, the practicum serves not only as a professional credential but as critical preparation for the complex field of international human rights practice. An application is required to enroll. Application due Fri Aug 23 https://tufts.box.com/s/jo7by33veni1hb0eh49gfb6drmpqyyuy
Course duration: Full semester
Credits: 3.0
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.