Course Descriptions

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. Fall semester. Michael J. Glennon

ILO L200 Syllabus

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. Spring semester. Michael J. Glennon

ILO L201 Syllabus


ILO L203: International Law in International Relations

Structured as a workshop for the presentation of scholarly work, this seminar will examine the reasons why states and individuals turn to international law, and the impact of international law on international conflict and cooperation. After three introductory sessions in which we develop a base of understanding of the nature, causes and effects of international law, the subsequent eight meetings will focus on presentations by guest scholars of their current work in various areas of international law. Students will engage with the scholars’ presentations, both in writing and in discussion, and will prepare their own research papers for discussion during the last two meetings of the seminar. Students should have a basic background in international law prior to taking this seminar. Fall semester. Nancy F. Hite, Joel P. Trachtman

ILO L209: International Treaty Behavior: A Perspective on Globalization

This seminar examines treaty behavior over a broad spectrum of subject areas—including security, environment, trade, and human rights. Approaches to international agreements affect economic, security, and foreign policy in this interdependent world. The seminar examines IL and IR theories of compliance. It explores exceptionalism in treaty behavior—American and other nations. A simulation will familiarize students with the process of treaty negotiation and drafting. The seminar offers students the opportunity to do research in depth on one or more treaties, or the behavior of a given nation or group of nations under several treaties. Prior law courses helpful but not required. Spring semester. Antonia Chayes

ILO L210: International Human Rights Law

An introductory survey of international human rights law and procedures, including detailed examination of global, regional, and national institutions to protect human rights. The course traces the development of contemporary concepts of human rights, including issues of universality, whether or not certain categories of rights have priority over others, and the means of creating and enforcing human rights law. The role of non-governmental organizations in fact-finding and publicizing human rights violations is also addressed. Fall semester. Hurst Hannum

ILO L211: Current Issues in Human Rights

This seminar analyzes in greater depth a limited number of issues that are of contemporary interest in the field of international human rights law. While specific topics vary, those addressed in recent years have included equality and non-discrimination; democracy; economic and social rights; business and human rights; and humanitarian intervention. The seminar requires a substantial research paper that analyzes a human rights issue in depth, the topic to be determined in consultation with the instructor. Open to students who have completed L210 or equivalent. Spring semester. Hurst Hannum

ILO L212: Nationalism, Self-Determination and Minority Rights

This seminar explores the evolution of the concepts of self-determination and minority rights from the nineteenth century to the present. The focus is on changing legal norms, including interpretation of the principle of self-determination by the League of Nations and United Nations; protection of the rights of ethnic, religious, and linguistic minorities; and the articulation of the rights of indigenous peoples. The seminar requires a substantial research paper that analyzes a contemporary situation in which these issues are significant. Open to students who have completed L200, L210 or equivalent. Fall semester. Hurst Hannum

ILO L213: International Criminal Justice

Demands for accountability for mass atrocities have triggered the development of international criminal justice, which has become a significant phenomenon in international relations. This course reviews mandates and operations of contemporary international and hybrid courts, including the International Criminal Court, the UN tribunals for Rwanda and the former Yugoslavia, and the special courts, such as the ones in Cambodia or Lebanon. It considers how they confront impunity for war crimes, crimes against humanity and genocide, by trying individual leaders, including heads of state. It analyzes the tension between state sovereignty and international criminal justice, and how the latter is challenged for being selective. Spring semester. Cecile Aptel

ILO L214: 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. Spring semester. Cecile Aptel

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. Spring semester. Cecile Aptel

ILO L220: International Organizations

This course provides an introduction to the theory and practice of international organizations (IOs). Its central theme is the interaction between international law and politics, illustrated through an in-depth examination of the United Nations and a secondary focus on selected regional organizations. After a number of classes on theory and crosscutting institutional issues, the bulk of the course is devoted to the substantive work of IOs in three principal areas: peace and security, human rights, and engagement with non-state actors. It concludes by considering reform of IOs from the perspective of the ‘democratic deficit.’ The format of the course is primarily lectures and structured discussion. Fall semester. Gian Luca Burci, Ian Johnstone

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. Not offered 2014-2015. Ian Johnstone

ILO L223: International Environmental Law

This course addresses the nature, content, and structure of international environmental law. The course commences with an introduction to international environmental problems, together with basic principles of international law and environmental regulation. Specific topics include global warming, stratospheric ozone depletion, and exports of hazardous substances. Other topics may include marine pollution, transboundary pollution, trade and environment, and development and environment. The course evaluates the role of international and non-governmental organizations; the interrelationship between international legal process and domestic law; and the negotiation, conclusion, and implementation of international environmental agreements. Fall semester. David A. Wirth

ILO L224: Peace Operations

This course 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. Not offered 2014-2015. Ian Johnstone

ILO L225M: Global Health Law and Institutions

This course provides a critical overview of the development of global health law and the institutions that manage it, within the context of contemporary international law, as well as the structures and features of global governance. The course will focus on the main issues leading the development of international law and governance in the field of health, such as the role of WHO and other international institutions; the complex interactions of public health concerns with international regimes such as those regulating international trade and investments, human rights, international security, and environmental protection; and what the prospects are for further future developments. One-half credit. Fall semester. Gian Luca Burci

ILO L230: International Business Transactions

This course provides an examination of private and public law aspects of international business transactions, including conflicts of law and comparative law issues. It examines the selection of the optimal business format for international operations, including branch, subsidiary, joint venture, technology license and distributorship; international commercial law, including sales contract, and commercial documents; international contracts and dispute resolution issues, including governing law, and choice of forum, force majeure, and treaty issues; and the United States Foreign Corrupt Practices Act. Fall semester. Joel P. Trachtman

ILO L232: International Investment Law

This seminar examines the laws, policies, and legal institutions influencing cross-border investments, with special emphasis on emerging markets and developing nations. It studies the nature of international investment and multinational investors, the international legal framework for international investment with particular emphasis on rapidly evolving treaty law, such as bilateral investment treaties (BITs), NAFTA, and the Energy Charter Treaty, as well as arbitration and judicial decisions applying them. It also considers national regulatory frameworks for foreign investment, the contractual and legal mechanisms for structuring, financing, and protecting international investments, and methods for settling investment disputes. Spring semester. Jeswald W. Salacuse

ILO L232 Syllabus

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. Spring semester. Joel P. Trachtman

ILO L234: International Intellectual Property Law and Policy

This course will provide an introduction to basic principles of intellectual property law concepts, specifically patents, trademarks, and copyrights. We will examine examples of how intellectual property is infringed and various defenses available to an accused infringer. We will also consider how licensing plays a role in intellectual property business development and disputes. From there, the course will examine the impact of various international conventions and treaties on intellectual property rights. Particular attention will be paid to the protection of intellectual property rights in selected legal regimes; and to the competing interests of intellectual property owners in global commercial transactions. The rapid development and widespread adoption of Digital Technology and the Internet pose serious challenges to long accepted doctrines of copyright and trademark law, and these will also be addressed. Fall semester. Tara Clancy, Thomas F. Holt, Jr.

ILO L237: Mergers and Acquisitions: An International Perspective

This seminar reviews the structuring, negotiation, and implementation of cross-border merger and acquisition transactions, taking into account applicable issues of international law, and national practice. The seminar discusses alternative forms of transaction structure and the underlying tax and legal considerations considered for choosing particular approaches. We will also analyze different forms of acquisition agreements, review the role and application of key transactional concepts, and analyze how they are addressed in the context of specific transactions. We will take the opportunity to review the typical areas of negotiation in the acquisition of private and public companies, and evaluate how those negotiations are affected by international regulatory, legal, and fiscal considerations. The seminar will review trends in deal terms drawing on recent transactions involving North American, European, and Asian companies. Fall semester. John A. Burgess

ILO L239M: Corporate Governance in International Business and Finance

This module explores business, financial, and legal issues affecting corporate governance and management of risk, both in industrialized and developing countries. Students will examine the nature of the corporation, management roles and board responsibility, the role of regulatory authorities, as well as corporate culture, corporate social responsibility, and capital market development. The course will focus on policy implications, including widespread efforts to produce corporate governance reforms and set standards in the wake of corporate scandals and systemic risk. Also listed as B239m. One-half credit. Spring semester. Jeswald W. Salacuse

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. Fall semester. Joel P. Trachtman

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. Fall semester. Jeswald W. Salacuse

ILO L250 Syllabus

ILO L251: Comparative Legal Systems

This course covers the two principal legal traditions in the world—the common law and the civil law traditions with exposure to the Islamic tradition and European Union law as well. It is intended for diplomats, international civil servants, business executives, and lawyers. Students will study the historical evolution of the traditions in comparative perspective with emphasis on France and Germany in the civil law and on the United States and the United Kingdom in the common law. The methodology entails study of the underlying legal philosophies of these traditions through analysis of the sources of law, judicial process and judicial review, and through learning constitutional law, contracts, and criminal and civil procedure. Fall semester. Louis Aucoin

ILO L252: Rule of Law in Post Conflict Societies

This course studies methodologies used by international actors in promoting the rule of law post conflict. It focuses on eight aspects: constitutional development, code reform, legal drafting, judicial reform, accountability for past abuses, fighting corruption, democratic policing, and local custom. These are strategies for building the basic institutional framework strictly necessary for the maintenance of peace and security in the immediate aftermath of conflict. The course will therefore deal with the restoration/reestablishment of the justice sector and only minimally with economic issues. It includes case studies of East Timor, Kosovo, South Africa, Cambodia, Rwanda, Iraq, and Afghanistan. Fall semester. Louis Aucoin

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. Enrollment limited to 18 students. Spring semester. Michael J. Glennon

ILO L262 Syllabus


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.

ILO 400: Reading and Research

Noncredit directed reading and research in preparation for PhD comprehensive examination or dissertation research and writing on the subjects within this division. By consent of the professor.