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
Spring 2011 - Elective Courses

Competition Law

Walter Stoffel, University of Fribourg

The course presents the major issues in competition law. It focuses on the challenges faced by the contemporary practice of major competition agencies in the world. The challenges concern the detection of hard core cartels, the definition and foreseeability of the abuse of dominant positions, the fining policy and the financial crisis. They will be analysed on the bases of recent case decisions. The course proposes to explore the underlying assumptions which shape the fundamentals of competition law in different parts of the world, in particular in Europe and North America, but also in Asia and South America.

3 credits. Evaluation: class participation (25%) and to be confirmed.

Comparative Professional Responsibility

Peter Tague, Georgetown Law

How can lawyers represent clients whose goals or the means needed to achieve those goals are at odds with the lawyer's own morals or that threaten to harm third parties?  That question is of growing interest in the United States.  Is it one that vexes lawyers in other countries?  Does the structure of practice elsewhere render the question less relevant?  The question will be examined in various settings in counseling, litigation and negotiation.  The course will also attempt to provide an introduction to financial aspects of law practice.  Can lawyers form partnerships with non-lawyers (accountants or other experts)?  Can non-lawyers buy an interest in litigation or even buy law firms?  Can a law firm become a corporation publically traded on a stock exchange?

3 credits. Evaluation: class participation (25%) and an examination (75%).

This course meets the Professional Responsibility requirements of Georgetown Law.

Diplomatic and Consular Law and Practice

Jordi Sellares, ESADE

Overview of the evolution of the legal regulation of diplomatic and consular relations, from its historic origins, to the several Vienna Conventions (1961, 1963), and practice that has followed. Reason for privileges and immunities, and their future eventual evolution. Recent cases, either from the press or from jurisprudence (International Court of Justice included), from throughout the World, will offer a wide base for discussion, where the different systems for receiving international law into national legal systems (monism & dualism) will also be discussed. Readings offered to students to prepare each session, which will be introduced with a global explanation of the main aspects of the lesson. Many sessions will be focused on studying how the practice by States opens new prospects. If possible, visits to Embassies and consulates, and a movie session will be arranged. As evaluation, students will be required to prepare a final report on a mock case.

2 credits. Evaluation will be class participation (30%), short tests/external activities (10%), and a legal opinion (60%).

European Private International Law in a Globalized World

Iris Canor, College of Management, Israel

Private International Law in Europe has undergone rapid transformation over the last two decades. This development has given rise to a growing demand of thorough understanding of this ongoing Europeanization process and its dynamics. The course's object is to give students the required methodology for developing critical awareness of major issues in Private International Law and for acquiring deep analytical and theoretical insight into this emerging multilevel system of Private International Law in Europe. Private International law concerns transnational litigation, namely disputes which bear a relevant connection with more than one legal system. In essence it answers three basic questions: which national court has jurisdiction over the dispute; which will be the applicable law and according to which methodology it be chosen; what are specific circumstances in which a foreign judgment will be recognized or enforced. The course will focus on the new European Private International Law regimes, in the form of conventions, regulations, directives and case law. The course will examines rules in some specific areas, such as contract law, tort law, company law, recognition of marriage, and names. However, the course aims to go beyond the practical issues, and to put European Private International Law discourse in its theoretical context.

3 credits. Evaluation: class participation and presentation (20%) and research paper (80%).

International Capital Markets Law and Regulation

Cally Jordan, University of Melbourne

This course would introduce students to international capital markets and their regulation. Beginning with an historical analysis of the internationalization of capital markets over the last 25 years, the course will look at the nature of these markets, both regulated and unregulated; the Euromarkets; US regulation of international markets; the role of technology; the regulatory techniques, such as harmonization and mutual recognition, developed in supra-national capital markets, the role and changing nature of transnational markets (the consolidation of stock exchanges such as the NYSE-Euronext) and the impact of alternative trading platforms; international financial centres (New York, London, Bahrain, Mauritius); the role of international financial institutions such as the IMF and the World Bank; the rise of Islamic finance and its implications; and case studies of a number of jurisdictions (eg, China, Brazil, Vietnam, Russia). As London is the world's premier international financial centre, this course is particularly appropriate for this programme. The course will be able to draw upon highly sophisticated London legal practitioners, market participants and regulators as guest lecturers. A basic course in Securities Regulation would NOT be a prerequisite for this course although Corporations Law would be.

3 credits. Evaluation (depending on class size): class participation, including a presentation in class (30%); final exam (70%).

International Commercial Arbitration

Jordi Sellares, ESADE

Overview of the international commercial arbitration, explaining the theories about its legal nature (contract or procedure), their different types (institutional, ad hoc, between States or companies, etc.), institutions, advantages and disadvantages, court collaboration needed, procedure, laws to apply, incidents (Kompetenz Kompetenz, IBA criteria to help in assessing arbitrators independence, discovery or not, etc.), partial and final awards, execution and recourses against the award. Readings offered to students to prepare each session, which will be introduced with a global explanation of the main aspects of the lesson. More research might be required of those awards published -most of the arbitration is confidential-, such as those available in the ICSID or Iran-US Claims Tribunal, or new cases made public by the parties. A session might be offered by staff of international arbitration institutions to know directly their personal experiences. Students will be required to prepare a draft award in a case.

3 credits. Evaluation: class participation (30%), tests during the course (10%), draft award for the mock case (60%).

International Company Law

Walter Stoffel, University of Fribourg

The course explores questions of jurisdiction and applicable law with respect to internationally active companies. A particular attention will be paid to the mandatory laws on securities and stock, with a focus on listed companies. The purpose of the course to highlight the interplay between (internal) organisation of the company and the (external) constraints stemming from the economic surroundings in which it operates.

2 credits. Evaluation: class participation (25%) and to be confirmed.

Multilayered Protection of Human Rights in Europe

Iris Canor, College of Management, Israel
Heike Krieger, Free University of Berlin

As it is well known human rights issues occupy an increasingly high profile within European Union law and policy. Today the European Union asserts a commitment to mainstreaming human rights into all aspects of its policies. The purpose of this course is to understand how human rights are protected in Europe. It aims at clarifying the relations, tensions and differences between national and European jurisdictions in the field of fundamental rights and on identifying the specific functions and responsibilities of the different courts and levels. We will concentrate on the various procedures and different attitudes towards interpretation of fundamental rights. As Europe becomes fragmented we will also discuss the relationship between horizontal overlapping jurisdictions, namely the European Union and the European Convention of Human Rights. Finally, as all endeavors for the promotion of human rights necessarily include a global perspective especially today in the light of the "war against terrorism" the course will also examine the possible influence of the protection of human rights in Europe on worldwide institutions such as the UN and vice versa. The class will bear also a realist approach's edge according to which human rights discourse masks, as a matter of fact, the promotion of political agenda.

3 credits. Evaluation: class participation, including a presentation in class (30%); final exam (70%).

Post-Conflict State Building under International Law

Heike Krieger, Free University of Berlin

Post-conflict state building is a predominant issue for the international community: Kosovo. Iraq and Afghanistan as well as the African Great Lakes Region are pertinent examples for this development. When the international community tries to promote the rule of law in such a post-conflict setting it faces numerous theoretical and practical dilemmas. In addressing these dilemmas the course aims to provide a systematic outline of the different branches of international law which govern this process: collective security law, international humanitarian law, human rights law, the rule of law and democracy, the principle of self-determination as well as the role of international and national courts.

3 credits. Evaluation: class participation, including a presentation in class (30%), research paper (70%): Outline: 1 March, 2011, First Draft of at least 2000 words: 22 March, 2011 and Second Draft: 28 April, 2011.

The Rise of the Modern Regulatory State

Roberto Caranta, University of Torino

The course will examine the rise of the modern state and consider the reasons behind its current crisis (democratisation, globalisation, economic efficiency imperatives) and possible solutions (e.g. privatisation, de-regulation, new public management). The course will then focus on two potential answers to the crisis: (a) the introduction and strengthening of participatory democracy tools at both national and global level, and (b) contractualisation through involvement of private sector in the delivery of public services. As to (a), new governance tools will be analysed, including stake-holders participation and lobbying, right of access, and negotiated rule- and decision-making as well as linked developments such as regulation by independent agencies, soft-law instruments and self-regulation; specific attention will be devoted to antitrust procedures in both the EU and the US. Under (b) different contractual arrangements (including concessions and PFI/PPP) will be analysed and accountability and regulatory problems posed by contracting-out will be considered. Our analysis of the different existing procurement regimes will include global (WTO-GPA and UNCITRAL Model Law) and regional legal frameworks (e.g. EU and NAFTA) and some donor rule (e.g. World Bank). The new challenges these developments pose to judicial review will be considered. Each student will present a case to the class and write a research paper.

4 credits. Evaluation: 20% class participation, 20% class presentation, and 60% research paper (4000-5000 words).

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