Required Courses - Fall 2017/Spring 2018
Global Practice Exercise
Each semester will begin with an intensive, multi-day exercise in transnational and/or comparative law. The exercise will provide an opportunity for the diverse students and faculty at CTLS to work together on a common legal problem. All faculty and students will participate in the exercise. The objectives are to give students and faculty a quick start working together on a real legal practice problem, which will highlight the importance and challenges of communicating across transnational legal and cultural boundaries; draw CTLS participants into active roles in their own learning and academic exchange; and introduce students to the process of tackling real-world legal problems that transcend national boundaries, learning both transnational variations in substantive law and legal processes.
1 Credit, required. Evaluation: Participate in the plenary sessions, breakout groups and exercises during the three-day session.
New Perspectives in Transnational Law (Colloquium)
Coordinated by Mariana Mota Prado, University of Toronto (Fall 2017 only) and Carlos M. Vázquez, Georgetown Law
This colloquium will meet weekly for presentations by leading academics and practitioners on topics of current international, transnational or comparative law interest. Each meeting will involve the presentation of a paper, brief comments, and a discussion with the author/presenter among all participants. Attendees will be the Center's students, faculty and invited guests. Students, who will be divided up and each assigned to attend a sub-set of the colloquia, will write short responses to the papers in advance of the meeting.
1 Credit, required. Evaluation: Attend and participate in seven Colloquia in total (assigned by group) and write three short response papers of 500-700 words each.
Core Course: Transnational Law: Structures and Issues (Fall 2017 only)
Michael Dowdle, National University of Singapore and Mariana Mota Prado, University of Toronto
The transnationalization of law is perhaps the defining development of what is being called 'post-Westphalian' era. We are increasingly unable to understand and address legal problems –even domestic legal problems –simply by focusing our attentions on the domestic legal framework.International and transnational regulatory arenas do not seem to be determined primarily by state interests, but out of the complex interaction of both state and non-state actors and interests. Thus, law and politics are increasingly transcending national borders, and in the process escaping the traditional political and constitutional protections those borders used to provide.
This course will give students an overview of the various ways in which transnational dynamics are increasingly penetrating the 'legal' realm, and the normative concerns this engenders, such as justice, inclusion, and conceptual coherence. In addition to addressing questions of both legal theory and practice, this course will adopt an interdisciplinary perspective and encourage students to analyze transnational law using political and social theory, public administration, political science, sociology, geography, and history.
3 Credits, required. Evaluation: Class Participation (20%); Reaction Papers (20%); Final take-home exam (8 hours) (60%).
Core Course: Introduction to Transnational Law (Spring 2018 only)
Carlos M. Vázquez, Georgetown Law
Introduction to Transnational Law is the core course for the Certificate in Transnational Legal Studies. The course will explore what it means to speak of, study, and practice, law beyond the state. In taking this course students will therefore examine the operation of law under globalization.
Globalisation provokes a re-examination of public international law as a system of law between nation states. The fragmentation of international law alongside the development of new transnational forums of governance challenges the idea of a legal order between sovereign states. The course will also examine different dynamics of transnational law: including global governance, legal diffusions, extra-territorialisation of law, and the increasing role of the private sector in rule-making and enforcement and dispute resolution. The examination of law under globalization also requires us to reexamine the nation-state as a site for governance in light of the disaggregation of state power.
We will consider these questions using examples from 'classic' fields of transnational law including economic law, human rights law, and the law relating to peace and security. However, we will also examine novel fields of transnational law and we will draw on a range of literaturesas well as case studies from contemporary law and governance.
3 Credits, required. Evaluation: Class Participation/Reaction Papers (30%); Final take-home exam (8 hours) (70%).