International And Comparative Legal Studies

International and Comparative Legal StudiesINTERNATIONAL ANDCOMPARATIVE LEGALSTUDIESAn examination of the way in which international law and practiceaffects the governance and legal system of any country is an importantelement in understanding the jurisprudential system of that country.The examination of the legal system of other countries, particularlythose with materially different legal cultures, enhances an understandingof the operation of U.S. law by providing important baselines forcomparison. These traditional reasons for including internationallaw and practice and comparative law in the curriculum of U.S. lawschools have been enlarged substantially during the second half of thiscentury by the globalization of the economy, the increased mobility ofpeople, instantaneous communication and the growing importance ofinternational organizations.Course and seminar offerings generally characterized as internationaland/or comparative law in fact cover a considerable spectrum. Theyinclude rights and obligations under international law and practice, theapplication of international law to private transactions, the operationof legal systems of other countries and the problems arising from theintersecting jurisdiction of different countries over individuals, entitiesand property.The array of course and seminar offerings at the Law Center dealingwith international and comparative law in its many forms is the mostcomprehensive in the country. The breadth of the array offers advantagesand disadvantages. Opportunities for the pursuit of particular interestsare almost unlimited; but the number of credit hours available forscheduling during a student's law school career is decidedly limited.The faculty involved in international matters suggests that studentswho are interested in the possibility of careers that might includeinternational work plan at the least to take International Law I: Introductionto International Law, International Law II and a course in comparative law.These courses will provide a useful introduction to the field and willprovide a valuable context for more specialized courses and seminarsin the J.D. or LL.M. curriculum. Although comparative law can be takenat any time, it is recommended that students take International Law I:Introduction to International Law before or concurrently with InternationalLaw II.International Law I: Introduction to International Law deals with thenature and sources of international law and major developments in theinternational legal system. It considers such topics as the law governingtreaties and other international agreements; the recognition of statesand governments; jurisdiction, including foreign sovereign immunity andthe act of state doctrine; methods for international dispute resolution;the role of international law in the U.S. legal system and the allocationof foreign affairs powers between the President and the Congress; theUnited Nations and other international and regional entities; and theuse of force. The course also includes--to varying degrees depending onthe individual professor--an introduction to international economic lawand institutions, as well as additional issues of public international law,such as human rights, the environment, and law of the sea. The fourcredit version of the course in particular draws upon social science tounderstand the changing nature of the international legal system.1International Law II is focused on the application of international law toeconomic arrangements and transactions. The course generally includesa detailed examination of international trade arrangements and theposture of international trade law and practice within the United States.In some sections of the course, issues of international investment,finance and dispute resolution are also explored. Professor Jackson'scourse in International Trade analyzes the national and internationalconstitutional framework of the complicated regulatory legal systemaffecting international economic relations. Students may not take bothInternational Trade and International Law II.The course titled Comparative Law is generally based upon a comparisonof common law traditions with the civil law systems that exist in someform in most of the countries of the world. However, there are manyother offerings in the curriculum that provide an opportunity to use themethodology of comparative law while focusing upon the laws of aparticular country or region. Such offerings include courses in Japaneselaw, Chinese law, Korean law, Latin American law and Middle Easternlaw. Several course and seminar offerings explore the role of law andlegal mechanisms in seeking to advance development objectives in lessindustrialized countries.Students interested in further concentration in the area will find that thecourse and seminar offerings for any semester provide opportunities towork with quite different areas of international law and practice. Manyofferings deal with aspects of international relations or the constitutionaland administrative structure of the international relations apparatus ofthe United States. For example, one might examine the establishmentand operation of international organizations such as the United Nations,the law of treaties, the use of military force both with and withoutthe authorization of the United Nations Security Council, aspects ofinternational human rights, legal aspects of the European Union, armscontrol mechanisms, or the details of international cooperation withrespect to the sea, air, space and the environment.Many offerings examine the application of international, U.S. and foreignlaw to specific issues arising from international trade, investment andpopulation movements. For example, one might examine in more detailinternational trade organizations and U.S. trade dispute procedures, thestructuring of international investments, international commercial law,the arbitration of international disputes, the taxation of internationaltransactions and areas of cooperation among the judicial systems toadvance the interests of civil and criminal law enforcement.Finally, it is important to note that the value of the course and seminarofferings dealing with international and comparative law is not restrictedto those contemplating careers involving international work. Studentsspecializing in particular areas, such as taxation, finance or commerciallaw, will find that an examination of the international aspects of theirfields of concentration will be an important enhancement of their work incourses dealing with the U.S. law in the field.Search International and Comparative Legal Studies Courses h/?cluster cluster 16)

2International and Comparative Legal StudiesLAW 2073 v00 Advanced International Commercial Arbitration h/?keyword LAW%202073%20v00)LL.M Course (cross-listed) 3 credit hoursThis course will provide an indepth study of specific topics ininternational commercial arbitration from both a theoretical and practicalperspective. Topics to be considered will include:1. the arbitration agreement - the separability doctrine, choice oflaw, parties to the agreement (including non-signatory issues),competence-competence, enforcement of the agreement and othertypes of national court intervention;2. complex arbitrations - multiparty and multicontract issues, joinder ofparties, consolidation of cases, parallel proceedings;3. the arbitral tribunal - selection of arbitrators, duties of arbitrators,independence and impartiality issues, challenges of arbitrators;4. the arbitral proceedings - bifurcation, interim measures, evidentiaryrules, the conduct of hearings; and5. the arbitral award - drafting of awards, enforcement and setting asideof awards, the 1958 New York Convention on the Recognition andEnforcement of Awards.The course will refer to arbitration rules, case law, statutes andinternational conventions.Prerequisite: International Commercial Arbitration, Introduction toInternational Commercial Arbitration, or permission of the instructor.Mutually Excluded Courses: This course is mutually exclusive with theother spring course by this same name (LAWG/J 888).Note: Please note, the date for the final class session will be announcedat the start of the semester.LAW 888 v00 Advanced International Commercial Arbitration: PracticeSeminar h/?keyword LAW%20888%20v00)LL.M Seminar (cross-listed) 3 credit hoursThe seminar will be a combination of the theoretical and practicalaspects of international commercial arbitration, with an emphasis onthe practical. Its centerpiece will be the handling of a mock internationalarbitration case from the drafting of the arbitration agreement to thedrafting of a final award, with units in between on the appointment andchallenge of arbitrators, discovery of documents, and a live arbitrationhearing. Teams of students will participate (as counsel to the parties)in the negotiation of arbitration agreements, in the drafting of motionsand replies, in oral argument on such issues as the disqualification ofarbitrators and the production of documents in discovery, in the hearingin a case, and in brief writing. Playing the role of arbitrators, students willalso write final arbitral awards.To the extent time permits, the course will also consider a handful ofthe many difficult and, to a large extent, still unanswered questionsof national and international law that are emerging as the practice ofinternational arbitration expands, including choice of law issues and,particularly in the United States, issues of the relation between federaland state laws.The course will be limited to 12 students. It will meet once a week for twohours. There will be no final exam.Prerequisite: A general course in international commercial arbitration.Students not having this precise prerequisite but having had a course inarbitration generally or substantial law practice experience in arbitrationmay apply for admission to the course by emailing Professor Joelson atjoelsonmr@msn.com.Mutually Excluded Courses: This course is mutually exclusive with theother spring course by this same name (LAWG 2073).Note: This course does not meet the J.D. writing requirement (WR).