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Interstate Relations : International Law
International Law
International Affairs U6802
Provides a framework to understand the normative dimensions of international relations. Actors in the international system respond to a variety of influences and constraints, including norms and rules that govern their interactions. To what extent does law play a role in international relations? Where does international law come from? What relation does international law have to politics? When do states and other international actors abide by international law? When do they violate it and with what consequences? What norms and regimes govern the use of force, the environment, trade, human rights, and the functioning of international institutions?
Law and Politics of the United Nations
International Affairs U8557
Provides an overview of the nature and role of the United Nations system in the international political and legal order and an in-depth view of some of the pressing issues facing the organization. In the wake of the Fiftieth Anniversary of the United Nations and the election of a new Secretary-General, many in government, academic, and non-governmental circles have reassessed the UN, in light of both the enhanced expectations placed on it and its tragic failures in several recent crises. Is it an independent actor in international affairs, to be judged against its lofty goals? Or is it an instrument of international diplomacy with the credit or blame for its achievements and shortcomings falling on the Member States who control it? Should the Charter be amended to make it more democratic and give its judicial and political organs more authority? Or should it be subjected to downsizing and budget reduction to make it a leaner, more efficient and less intrusive institution? Such options are seriously under consideration. To appreciate their merits, we need to comprehend the nature of the UN, its spheres of operations, and its legal and political context.
Debtor-Creditor Law (Secured Transactions and Bankruptcy)
Law L6236
Concerns both individual and collective proceedings for the collection of claims and protective measures for debtors. The subject is largely based on statutes. The enactments of main concern are the Bankruptcy Statutes and the Uniform Commercial Code (Article 9), as it concerns security interests in personal property. The course examines closely the intersection of such interests and the powers of trustees in straight bankruptcy. Financing of inventory and receivables is a particular focus. Insolvency proceedings other than straight bankruptcy are briefly considered, both in relation to consumer debtors (e.g., bankruptcy plans) and in relation to business debtors (e.g., assignments for creditors and "chapter" proceedings). Special attention is given to exemptions and to the bankruptcy discharge as arrangements protecting debtors. Fraudulent conveyance laws and bulk sales are among the creditor-protection measures considered.
European Community Law and Institutions
Law L6249
An introduction to the legal institutions and law of the European Community. Acquaints students with the development and current status of the legal institutions of the EC, set in the overall context of policy objectives of the Community and the member states. The institutions part of the course focuses on three sets of problems, which, taken together, are peculiar to the development of regional legal orders such as the EC: first, the problem of establishing a supranational legal framework for highly-developed national legal systems; second, the problem of integrating Community policy and assuring its implementation by the member states; and third, the problem of harmonization among national legal norms and institutions.
International Trade Law
Law L6266
Relationship and interplay between international trade rules and domestic laws and regulations governing trade. Overview of the international trading system, especially the institutions and substantive rules of the World Trade Organization (WTO) and the General Agreement on Tariffs and Trade (GATT). U.S. trade law will be examined to find laws that may be used to encourage other countries to open their markets, such as Section 301 of the Trade Act of 1974 ("Super 301"), as well as laws available to protect U.S. procedures from either fair or unfair international practices. The course will then turn to specific bilateral and multilateral trade issues and disputes, important issues under discussion at WTO, and the function of regional trade arrangements such as NAFTA and APEC.
Law in the People's Republic of China
Law L6271
A survey of contemporary Chinese legal attitudes and institutions in historical and comparative perspective. The course begins with a brief examination of certain essential themes and practices in China's traditional legal order and an appraisal of China's early twentieth-century effort to import a Western legal model. The major portion of the term is devoted to a study of formal and informal legal institutions and procedures in the criminal and civil processes of the People's Republic of China.
Japanese Law and Legal Institutions
Law L6273
Compares and contrasts Japanese and American law, with particular emphasis on the institutional and structural differences relating to regulatory control and oversight. After a brief overview of the Japanese legal system, the course compares the institutional framework within which legal issues are raised and resolved in Japan and the United States. Focuses particularly on various areas of private law and international trade.
Legal Aspects of Doing Business in China
Law L6451
Examines the role of foreign lawyers in structuring large and complex transactions in the PRC. After an introductory session devoted to a description of recent legal reforms and of the political and legal institutions and procedures, the seminar focuses on the law and procedures related to several major types of transactions, including land use rights; restructuring of state enterprises for purposes of foreign public offerings of their stock; joint contracting for extraction of oil and gas; tax and legal planning for a variety of types of foreign investment in the PRC; and finance of major construction projects such as power plants and highways.
Colloquium: Constitutionalism in Comparative Perspective
Law-Political Science W9020
Explores the meanings of "constitutionalism," its history and development, and the movement to realize it in different parts of the world. Studies theories of constitutionalism and its relation to other political concepts, such as popular sovereignty, democracy, the "rule of law," and human rights. Analyzes elements of constitutionalism, including: the legitimacy of constitution-making and constitutional amendment, limited government, the consent of the governed, majority rule and representative government, separation of powers, federalism and other forms of decentralization, judicial and other institutions for constitutional review, civil, political, social, economic rights, and different conceptions of equality, limitations on rights in the public interest, the relevance for constitutionalism of a society's economic system, suspension of the Constitution and derogation from rights in public emergency.
Seminar: Current Problems in Immigration Policy
Law L9060
An advanced immigration offering that focuses on current issues of immigration law and policy. Study of legal doctrine and policy issues related to immigration; considers the rights of non-citizens under the immigration laws, as well as under general constitutional principles. Seminar addresses the rights of immigrants to due process and judicial review, the economic impact of immigrants on U.S. workers and businesses, the current system and proposed alternatives for admitting employment-based and family-based immigrants, the protections for immigrants against discrimination in employment, standards and procedures for determining refugee and asylum claims, consular nonreviewability, loss of permanent resident status, expatriation, and birthright citizenship. Considerable attention is given to analyzing recent legislation curtailing immigrants' rights, and proposed legislative initiatives that would cut back on levels and categories of immigration. A prior course in immigration law is recommended, but is not necessary.
Seminar in Middle Eastern Legal Institutions
Law L9122
The origins and sources of Islamic law. The various schools of jurisprudence and the elaboration of an Islamic legal theory. Practical application of that theory in the law of family, obligations, and property. The Islamic law of nations and Islamic constitutional theory. The movement for reform and secularization, and the role of Islamic law in the contemporary legal systems in the Middle East.
Law in Emerging Markets: Russia and the Nations of the C.I.S.
Law L9462
Considers the law of Russia and other successor states of the former Soviet Union with a focus on commercial transactions. Familiarizes students with major legal issues in the process of law reform in the region; does not offer a comprehensive survey of that law. Particular attention is paid to the commercial sector and to issues encountered by foreign investors in the region.
Seminar: International Criminal Tribunals
Law L9736
Explores issues in dealing with serious violations of international law and human rights through legal processes. Examines both international and domestic mechanisms and both criminal and civil forms of responsibility. Begins with the Nuremberg and Tokyo trials convened after World War II and then turns to the International Court of Justice and the newly established International Criminal Tribunal for former Yugoslavia and Rwanda. These cases are compared to the more numerous instances in which states themselves (often in the aftermath of tumultuous political change) have set up processes for accountability or amnesty. Examples will be drawn from the recent experiences of Argentina, Chile, and South Africa (among others). Other vehicles such as the UN truth commission for El Salvador and civil suits in third-country courts are also considered. Finally, the course considers the prospects for creation of an international criminal court of standing jurisdiction, with reference to the draft statute prepared by the UN International Law Commission.
Seminar: Corporate Governance East and West
Law L9803
Examines various systems by which corporate management is monitored by, or on behalf of, shareholders in different countries and the historical development of institutions inherent in such systems. Also examines the role of property rights, especially rights to corporate property, in a modern economy. Emphasis is on the problem of transition in Eastern Europe and the former Soviet Union, particularly privatization, the relation between politics and economics, and the microeconomic reforms necessary for the creation of a viable market economy.
The Constitution and Foreign Affairs
Law-Political Science W6251
The division of executive and legislative powers in foreign affairs, the different checks and balances applicable, and the relevance of federalism. Covers both the special applications in foreign affairs of general issues (such as executive privilege and legislative veto) and special foreign affairs issues, including: the scope of the treaty power and the role of the Senate, the power of the President to make executive agreements on his own authority and their status as law in the United States, the authority of the President to deploy the armed forces of the United States, and Congressional efforts to control such Presidential deployment. The course also considers the special role of the courts, as reflected in applying international law and in the developments of doctrines like "Act-of-State" and the political question doctrine.