Shangjun Tan
National University of Singapore

"CTLS is a fantastic opportunity for building friendships and networks across cultural, linguistic, and transnational boundaries. Whilst other exchange programs usually involve students immersing themselves in a foreign university, CTLS is unique in that it brings together students and professors from over 20 schools on five continents. CTLS is a synergistic combination of legal perspectives from many brilliant minds. We could very well be contemporaries in a particular field of law in the near future, and building bonds of friendship now makes the prospect of future collaboration or interaction even more interesting."

Courses offered
Fall 2009 - Elective Courses

Banking and International Payments

Dora Neo, National University of Singapore

In a globalised world, it is crucial for businesses and individuals to be able to make international payments conveniently, quickly and securely in order to fund their trade, investment, lifestyle and other activities and interests. The banking system plays an indispensable role in facilitating such payments. This course will begin by introducing the basic concepts of banking law, the nature of a bank's relationship with its customer, and the architecture of correspondent banking and branch banking relationships. It will then focus on the salient features of the various methods by which a business can make or receive international payments, ranging from traditional methods of trade financing like bills of exchange and documentary letters of credit, to the latest methods of electronic fund transfers. Legal issues arising in relation to each of these payment methods will be identified and analyzed. Special emphasis will be given to the solutions suggested by the common law in jurisdictions such as England and Singapore, as well as by internationally applicable rules such as the ICC's Uniform Customs and Practice for Documentary Credits (UCP) and the UNCITRAL Model Law on International Credit. If time permits, selected aspects of the US Uniform Commercial Code may be considered. Legal requirements imposed on banks for the prevention of money laundering will also be examined in the context of their role as facilitators of international payments.

3 credits. Evaluation: 30% class participation and continuous assessment, 70% final exam

Capital Markets Regulation

Francisco Satiro, University of Sao Paulo

The course will rethink the capital markets regulation, after the 2008 financial crises effects. We intend to analyze the present regulatory responses to the new demands in a collapsed financial system. Topics include capital markets funding, efficiency of investment vehicles and possible alternatives, cross-border investments, the role of rating agencies, the settlement system, insolvency issues referring to listed companies and to investors - as well as their settlement consequences - demutualized stock exchanges and the new self-regulatory models, derivatives - basic concepts, notional value, structured transactions, the role of information, and possible regulatory models.

3 credits. Evaluation: 30% class participation, 70% final paper.

Comparative Anti-Terrorism Law

Kent Roach, University of Toronto

This course will examine comparative anti-terrorism law with emphasis on legislation enacted since the September 11 terrorist attacks on the United States. The focus will be on the domestic laws of various countries including Australia, Canada, India, Indonesia, Singapore, the United Kingdom and the United States and judicial responses to those laws. There will also be significant scope for examining various international law instruments as they relate to terrorism, the examination of the use of immigration law as anti-terrorism law, laws against the financing of terrorism and the regulation of speech associated with terrorism. The relation between security intelligence and evidence will also be examined as will the challenges of reviewing the state's intensified national security activities.

2 credits. Evaluation: A research paper (80%) class participation (20%).

Comparative Tort Law and Liability Insurance Law

Christian Armbrüster, Free University of Berlin

Any economic or private activity implies various risks of liability in tort. Thus, a car manufacturer incurs the risk of product liability for defective cars, and the user of a car is subject to drivers' liability when he causes an accident. In practice, in many countries most of these risks are transferred to an insurance company, as many activities including innovations could not take place otherwise. The course examines, in a transnational and comparative perspective, both topics - Tort Law and Liability insurance - as well as the interrelationship between them. In a first step, the principles and rules that govern tort law in different legal systems will be examined, including the provisions that determine which national rules apply in international cases. The second step leads to the role of insurance as an instrument of risk transfer, to its functioning and its limits. Various alternative instruments will be discussed as well, such as Compensation Funds for specific damages, e.g. medical mistreatment. In a third step the interrelationship between tort law and liability insurance will be examined: In which ways does one affect the other?

3 credits. Evaluation: Writing Seminar with final paper (4000 words), class participation

Emergencies and Constitutional Theory

Victor V. Ramraj, National University of Singapore

Emergencies, and in recent times, state responses to violent emergencies through law, raise serious practical and theoretical issues. The invocation of emergency powers by the state challenges official aspirations to govern through law. In this seminar, we will examine the theoretical and practical implications of emergencies in "Western" liberal constitutional democracies and in several states in Asia. We will begin by looking at the literature on emergencies and the rule of law, including some of the recent models of emergency powers that have emerged post-9/11, such as those of Oren Gross, David Dyzenhaus, and Bruce Ackerman. We will test these theories against decisions of the highest courts in Canada, the United States, and the United Kingdom. Finally, we will consider whether liberal-democratic theories of emergency powers can be implemented in other constitutional contexts by examining the experience of constitutionalism and emergency powers in East Timor, Malaysia, and Thailand.

4 credits. Evaluation: final paper (3500-4000 words, 60%), short essay (1000-1250 words, 20%), presentation/panel discussion (10%), participation (10%)

European and International Anti-discrimination Law

Christian Armbrüster, Free University of Berlin

Anti-discrimination Law has recently become more and more important in many countries. Originally a topic that was mainly located in labour law, the principle of non-discrimination on grounds such as ethnic origin, religion, gender or age is now widely regarded as an integral part of general contract law. Thus, in the last decade essential steps towards comprehensive rules on non-discrimination in contractual relationships have been taken by the EU, which partly even go beyond those that apply in the U.S. where the topic had already been on the agenda much earlier. The focus of the course will be on the various situations of discrimination and their legal consequences in different countries. Topics include such different questions as the scope of discretion of Church organizations in labour law or the justification for differences in insurance premiums relating to gender. Furthermore, the course aims at discussing some more fundamental questions that Anti-discrimination Law raises, such as its compatibility with the principle of private autonomy in contractual relationships and its interrelationship with the constitutional principle of Equality.

3 credits. Evaluation: Writing Seminar with final paper (4000 words), class participation

International Business Transactions

Christiana Fountoulakis, University of Basel
Karsten Thorn, Bucerius Law School
Franz Werro, Georgetown Law and University of Fribourg

The course analyses private law norms regulating international business transactions. As this field of law is considerably influenced by trade practice it focuses not only on international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), but also on model laws (UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law) and standard forms like INCOTERMS or ICC Uniform Customs and Practice for Documentary Credits. The course includes the study of conflict of laws rules, introductions to documents of title to goods, methods of payment and export finance as well as the analysis of the main international instruments governing transnational commercial arbitration (New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law on International Commercial Arbitration, ICC Rules of Arbitration).

3 credits. Evaluation: Participation 20%, final exam 80%

International Dispute Resolution

Carrie Menkel-Meadow, Georgetown Law

This course will explore the different tribunals of formal international justice, including international courts, international commercial arbitration tribunals and processes, and less formal international processes, including diplomatic international negotiation, arbitration and mediation. The course will explore issues and tensions between formal models of adjudication (in international civil and criminal justice, such as courts, permanent or special, e.g. Nuremberg and the International Criminal Courts for the Former Yugoslavia and Rwanda) and less formal and more "alternative" approaches to justice and law enforcement, as well as peace, such as in the many Truth and Reconciliation Commissions, as part of "restorative" or transitional justice. This course will be focusing on both private and public law and justice issues and the process pluralism that currently characterizes international dispute resolution.

3 credits. Evaluation: 30% class participation and exercises; 70% final paper

Professional Ethics in Business and Law

César Arjona, ESADE

This course will deal with the basic problems of professional ethics, focusing on two particular areas that are closely related: business ethics and legal ethics. During the first part (business ethics) we will analyse the basic ethical issues of corporate activity in contemporary societies. Specifically, we will tackle the problem of corporate governance in the post-Enron era. We will also deal with the many implications of the new thinking on "corporate social responsibility". During the second part (legal ethics) we will consider the ethical issues involved in lawyering. In particular, we will search for the ethical foundations of lawyer partisanship in the context of an adversary system.

3 credits. Evaluation: 20% class participation, 40% short essays, 40% final exam

Center for Transnational Legal Studies
37-39 High Holborn
London WC1V 6AA, United Kingdom