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International Legal Studies (INTL)   

 

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Number Name Credit Type Offering

INTL9609

Advanced Topics in International Law

This is an AWR course that builds on the concepts in Transnational Law and International Law. Accordingly, students must have taken (or be taking simultaneously) Transnational Law or International Law, with priority given to students who have taken, or are taking, International Law. The course will concentrate on developing AWR-quality papers on topics involving international, comparative, and foreign law. Professors Boon and Lewis will work with students to identify topics followed by researching, writing, and revising papers. We will workshop draft student papers as well as articles by Professors Boon and Lewis.
This is a one-credit writing course and, therefore, we will not use the full two-hour class block every week. Students should reserve this time, however, because we will use it for full-class, small group, and one-on-one meetings.

 

 



Pre/co-requisites: International Law or Transnational Law

1

Seminar

in-class

INTL9606

Comparative Constitutional Law

As a result of the breakup of the Soviet Union and the rapid transformation of other non-democratic regimes into democratic nation states, there has been a growing interest in comparative constitutional law. This seminar will explore the extent to which constitutional experience in the Unites States and various other countries can be shared. Specific areas likely to be examined include: judicial review, federalism, due process, and individual liberties such as freedom of speech, free exercise of religion, and freedom of the press.



Prerequisites: Constitutional Law or Constitutional Law I & II

3

Seminar

in-class

INTL9601

EU/BL course Travel Component

This EUBL Course Travel Component is for an additional one credit for a one week program designed to assist the students with their EUBL AWR papers. The travel component builds upon the EUBL course by affording a small group of law students the opportunity to travel to Belgium and Luxembourg during fall break (with faculty) to learn about EU institutions and various business law issues. The program will engage with educational partners at the Catholic University of Louvain, in Louvain-la-Neuve and the University of Luxembourg on a wide range of topics, including state aid, EU tax issues, EU company law, EU external relations, and tax transparency. The program will also offer students the opportunity to gain first-hand knowledge about the EU institutions through visits to the Court of Justice in Luxembourg and the European Commission and Parliament in Brussels. (The travel component of European Business Law is not a mandatory component of the European Business Law AWR seminar.)



Co-requisite: European Union Business Law Course is graded on a Pass/D or Fail basis.

1

Lecture

in-class

INTL9602

European Union Business Law Seminar

This seminar will concentrate on the basic legal rules of the common market and the constitutional structure of the European Union. The developing jurisprudence of the Court of Justice of the European Union will be analyzed with a particular focus on the free movement of persons, both the rights of workers and establishments, to be free of discriminatory tax obstacles. The seminar will also explore special topics such as company law, TTIP (proposed free trade agreement between EU and US), EU external relations, intellectual property law, and the Treaty articles on state aid. U.S. constitutional principles are compared throughout the course. There is an optional fall break one credit travel component that may be taken by the students in this course. This course fulfills the requirement of EU law and an EU paper that is necessary for application to the European Court Externship Program (Dean Acheson Stage Program).



3

Seminar

in-class

INTL7608

European Union Law

The European Union is the largest trading partner of the U.S., and the growth of multinational and integrated business activities between two continents has a substantial impact on the practice of law in this country. This course provides a basic foundation for understanding an entire legal system which has been developed in modern times. It studies the institutions and legal principles which govern this regime, some of which have been borrowed from the American experience and some which are still in the process of formulation.



3

Lecture

in-class

INTL9607

European Union Law

The EU has changed dramatically over the last decade. Accordingly, this course will look at its origins in the Schuman Declaration, May 9, 1950, to see the values and times as the Founders lived them and compare that with the changing times and values of today, almost 70 years later. EU citizenship, the status of women and the achievement of an internal market will be considered as a basis for examining core values and assaultive challenges. New developments will be examined such as keeping the peace with NATO, intervening in Kosovo and coping with the stance of the Russian Federation, including their Eurasian Economic Union and its oil interests. All-consuming discussions of what Brexit means for the European constitutive treaties dwarfs the crisis in Turkey, the threats in Hungary and Poland and the need for fuller relations with Africa. Other challenges demand legal and political attention. Finally, the culture of corporate and political corruption, security, crimes-and-justice, the status of refugees and forgotten peoples in an age of terrorism and the state of the people's trust and confidence in the institutions of the EU have only become more important in the wake of Brexit.



There is an optional fall break one credit travel component that may be taken by the students in this course. This course fulfills the requirement of EU law and an EU paper that is necessary for application to the European Court Externship Program (Dean Acheson Stage Program). This Seminar meets one night a week in the fall for two hours. The student may choose 3 credits, which requires a 25-page paper fulfilling the AWR requirement or 2 credits, which requires a take- home examination instead of a paper.

3/2

Seminar

in-class

INTL8611

Human Rights in The Hague

Taking advantage of the unique attributes of The Hague, this 1 credit course will explore International Dispute Resolution mechanisms in The Hague such as the International Court of Justice, the Permanent Court of Justice, and international criminal courts such as the International Criminal Court and the Special Tribunal for Lebanon. It will focus on how human rights affect their mandate with regards to process and substance. From a procedural standpoint, we will look at due process guarantees, the right of access to justice, and how human rights affect the operation of court proceedings in the criminal and context. From a substantive point of view, we will look at recent international cases to examine how human rights connect with investment, business, state-to-state disputes and international criminal proceedings. Visits to two international courts will be included.



1

Lecture

in-class

INTL8602

International Business Transactions

International business transactions are business transactions that are transactional in character. The transnational aspect typically arises from the fact that (1) the transacting parties operate in or from different national jurisdictions; (2) the transaction involves the movement of goods, services, technology or capital across national boundaries; or (3) the transaction, where it occurs between parties in one country, has legally significant extraterritorial effect in another country. The course is designed to give students a broad overview of the law - domestic, foreign and international - governing international business transactions. Students will be introduced to the contractual and regulatory issues and risks that confront private parties in a variety of transnational transactional settings, including the settlement and resolution of disputes that may arise in such transactions. The transactions that form the subject matter of the course include documentary international sales, agency and distributorship agreements, licensing, foreign direct investment, international mergers and acquisitions, joint ventures, and natural resource development.



2

Lecture

in-class

INTL9615

International Criminal Law

This seminar covers the dynamic and rapidly growing field of international criminal law. Traditionally, international crimes related to universally condemned practices, such as piracy or the slave trade. However, advances in technology and communications, as well as increased transnational mobility, have led to new categories of conduct being recognized as international crimes and a new approach towards transnational justice. The seminar will focus on key topics in international criminal law, including the modern development of the law of war; the creation of war crimes tribunals from Nuremberg to the present; the emergence of a permanent International Criminal Court; and the challenges posed by transnational crimes such as terrorism and drug trafficking.



3

Seminar

in-class

INTL7639

International Dispute Resolution

International dispute resolution has become an important knowledge base and skill set for corporate lawyers and litigators. Because many domestic companies that operate abroad routinely choose arbitration as a method of dispute resolution, understanding how arbitration works and where arbitral awards can be enforced is a great asset in international business transactions. Increasingly, arbitration is the default method of dispute resolution in commercial transactions that cross borders, including project finance, pharmaceuticals, and telecommunications. This is a general course in international dispute resolution that teaches both substantive law and practical written and oral advocacy techniques. Classes will be split between the case law and institutions of the field, while short drafting and advocacy exercises will be integrated into classes regularly. Two full classes will be dedicated to oral arguments in a mock arbitration. Recommended: International Law



2

Lecture

INTL8600

International Law

This course is an introduction to public international law as applied between independent states and in national courts. It includes selected problems in the sources, development, authority and application of international law; the law of treaties; recognition; territory, nationality, jurisdiction and immunities; the United Nations and other international organizations; international protection of human rights; state responsibility and international claims, and aspects of the law of war.



4

Lecture

in-class

INTL7638

International Legal Research

This course is offered in the Fall semester primarily for students competing in the Jessup International Law Moot Court Competition. Students will learn the structure of international legal institutions, the nature of the materials they produce, and the unique way these materials are indexed and cataloged. This course addresses how these materials can best be used in legal advocacy, both in written submissions and during oral argument. The course also provides instruction on the international legal issues at stake, including an in-depth study of opinions of the International Court of Justice and issues that generally arise in Jessup problems.



1

Skills

in-class

INTL9613

Law in Contemporary China

After a brief examination of the roots of China's legal tradition, this seminar will turn to China's contemporary legal system and its role in political, economic, and social developments. Topics will include: access to justice and court reform, environmental law, criminal law and procedure, commercial and corporate law, labor law, administrative law and constitutional law, the protection of human rights, and China's engagement with public international law.



3

Seminar

in-class

INTL9604

Selected Problems in International Human Rights

This seminar will explore current issues of human rights concern and might include topics such as: The United Nations System and Protection of Human Rights, Child Soldiers and Human Rights, Women's Rights as Human Rights, Death Penalty, Genocide and International Crimes, Freedom of Speech - A Comparative Analysis, and Trafficking, among others. In addition, each student will select a country for more in-depth research on the status of Human Rights in that country. This course could fulfill the AWR requirement and no prerequisite is required.



3

Seminar

in-class

INTL7600

Transnational Law

This course will provide an introduction to the international legal system, its institutional building blocks and the participant, intermediaries and representative transactions that characterize it. The course is designed to introduce students to the sources of law in different legal systems, treaty interpretation, and methods of decision making. First year students are invited to enroll. Class readings will be organized on a module basis around contemporary legal debates. Topics include: (i) sources of international law, treaty interpretation, and the role of states in the international legal system; (ii) pluralism beyond the state: international actors and the law making process; (iii) international law in national courts: hierarchy and norm conflict; (iv) business disputes: foreign investment and the CISG in action; (v) the role of the individiual in international law, and the impact on state sovereignty. 



Note: Students who will have completed less than 15 credits at the end of the Fall semester may enroll at the discretion of the Dean of Students.

Course is graded Pass/D or Fail for all first year students; upper level students may take the course for a letter grade, unless they choose to take it Pass/D or Fail, as their one course eligible under the Pass/D or Fail Option Policy.

2

Lecture

in-class

INTL9630

Transnational Lawyering Skills: The Rule of Law in Latin America

The course builds upon Seton Hall Law’s existing Guatemala Rule of Law program in which a small group of law students travel to Guatemala during fall break (with faculty) to learn about human rights and access to justice issues. In the past, the program has engaged with partners in both the U.S. and Guatemala on a range of topics, including criminal justice reform, legal services for rural populations, right to information and government transparency, and accountability for past human rights violations. The course will expand on this program through an intensive focus on skills-building in the context of an integrated curriculum. The course will consist of weekly classes focused on developing lawyering skills through an examination of various human rights and rule of law issues in Guatemala. The students will travel to Guatemala over the Fall break, providing them with an opportunity to apply the skills and knowledge through on-the-ground experience and engagement with local partners. The remainder of the semester will focus on the students’ completion of discrete projects initiated during the trip, accompanied by additional skills-focused instruction. While the specific context will be human rights and rule of law issues in Guatemala, the aim is to provide students with transferrable skills, such as interviewing techniques, cross-cultural-counseling skills, and developing and presenting legal education and training materials, that may be applied more broadly to a wide range of other areas.

Topics explored during the course will include documentation of and accountability for human rights violations; sexual trafficking and gender-based violence; the impact of U.S. immigration policy on Guatemala; and access to basic legal services. Each subject area will provide an opportunity for intensive skills-focus on interviewing techniques, legal research and writing, fact-development and investigation methods, cross cultural competency, and exposure to alternative lawyering strategies, including use of the media and public education. The teaching methods will combine doctrinal study with experiential learning exercises.

Prerequisite: Persuasion and Advocacy.



Prerequisite: Persuasion and Advocacy (waiver available if spots remain).

2

Skills

in-class