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Curriculum

Study Law on the Banks of the Nile in the Seton Hall University School of Law Program for the Study of Law in the Middle East at The American University in Cairo

May 29, 2010 - July 9, 2010
(Optional Nile Cruise: July 10 - July 17, 2010)

ISLAMIC JURISPRUDENCE (2 credits)

This course will introduce the students to the history, sources and methodology of Islamic Law and Jurisprudence (The Shari'a). The course will use a historical perspective, tracing the development of the Islamic science of jurisprudence and the four "Schools of Law" from the time of the Prophet Muhammad down to the present day. Topics include: independent legal reasoning; ancient and modern practices of Islamic tribunals and legislatures; the role of the legal treatise in the Islamic legal system; and contemporary issues, including modern banking transactions, freedom of expression, and problems involving Islamic states.

INTERNATIONAL CRIMINAL LAW (2 credits)

The course will cover jurisdiction, sources of international law, and the nature of international crimes. Topics will include: genocide, war crimes, crimes against humanity, aggression, torture, human trafficking, extradition, rendition, gender based crimes, and hate speech, with a particular focus on justice mechanisms such as the International Criminal Court (and the Rome Statute of 1998), ad hoc tribunals (such as the International Criminal Tribunal for Rwanda, and the International Criminal Tribunal for the Former Yugoslavia), mixed tribunals (such as The Special Court for Sierra Leone), as well as alternatives to these courts (such as customary justice and truth and reconciliation commissions). The movement for international criminal courts starting with Nuremberg, as well as superior responsibility, rights of those accused of international crimes, and rights of victims will also be considered.

INTERNATIONAL HUMAN RIGHTS LAW (2 credits)

This course examines international law pertaining to the protection of human rights. It will focus on the nature of human rights, on the obligations of all states to observe and promote human rights and on the enforcement mechanisms in place to protect human rights. The Charter of the United Nations, the international Bill of Rights as well as several treaties such as the Conventions on Torture, Racial Discrimination, Discrimination Against Women and Rights of the Child will be explored. This course also examines the theoretical framework and practical application of human rights law. It does so primarily by using economic, social and cultural human rights and the  implications of globalization as points of entry. Readings and class discussions will investigate the limits and scope of states' rights and responsibilities as well as the legal protections delineated by the Charter of the United Nations and key treaties. Readings and class discussions will also explore jurisdictional as well as substantive issues relating to the viability of specific domestic and international laws designed to protect human rights. Class discussions will consider alternative enforcement-focused mechanisms that might better protect these rights. Ultimately, the course will generate discussions as to what the role of the individual, states, private and non-governmental entities should be in promoting equitable human rights law in the global market. In so doing, the course will critically evaluate the philosophical, legal and theoretical foundations of international human rights law. How could individuals, states, private and public institutions be instrumental in protecting human rights while striving for economic efficiency? What should be the role of the state in promoting human rights law locally as well as globally? Is it possible to envision legal structures, which provide more enforcement powers to the United Nations while respecting states' rights to sovereignty and self-determination? The course is divided into two parts: the first part introduces the existing international human rights legal system, including its fundamental historical and theoretical underpinnings and scholarly critiques of the movement. The second part of the term will explore efforts to advance socio-economic and other human rights in selected applied contexts.

INTERNATIONAL OIL AND GAS LAW (2 credits)

This course will provide students the opportunity to become more familiar with issues in international oil and gas law. Students will study in detail the use of oil and gas contracts and how poor drafting will affect each party's rights and obligations. The course will pay specific attention to the contractual and regulatory environment in the Middle East. An understanding of oil and gas law, particularly in the Middle East can be of significant importance in the determination of public policy, diplomacy, international relations, and international commerce.

INTERNATIONAL TAX PLANNING (2 credits)

This course is designed to introduce students to the key issues that arise in international tax planning. We will devote the first two sessions to introduce (or review, as the case may be) the basic US income tax principles. The principal focus of the course will be an examination of some of the more relevant US tax rules applicable to US inbound and outbound investments and business activities.  We will incorporate in our problems questions designed to elicit consideration of the planning for cross-border investments and business transactions with parties in a European jurisdiction (Germany) and in the Middle East (Egypt).

ROUNDTABLE DISCUSSIONS

Roundtable Discussions will occur twice during the program. They may be scheduled in the late afternoon or early evening. Attendance is mandatory. There will also be two field visits to legal institutions. If appropriate, field visits and the Roundtable Discussion will count toward the required class attendance time.

It is unlikely that participation in a foreign summer program may be used to accelerate graduation. A student seeking to accelerate graduation should consult with the Registrar