Required Courses - Fall 2013/Spring 2014
Global Practice Exercise
Rémy Gerbay, Maxi Scherer and Faculty
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.
Transnational Law Colloquium
Coordinated by César Arjona, ESADE and Gregg Bloche, 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.
Core Course: Introduction to Transnational Law and Governance (Fall 2013 only)
César Arjona, ESADE and Gregg Bloche, Georgetown Law
Traditional legal thinking is increasingly unable to cope with many contemporary legal phenomena, especially those that happen across borders. State and interstate law combine with new forms of "transnational" legality in multiple patterns of cooperation and conflict. This course will offer a framework and a vocabulary to help us to describe, understand and manage this complexity.
We will proceed through three incremental stages. First, after a conceptual introduction to 'transnational law', we will examine several historical and pre-modern precedents of legal transnationalism. The second part of the course will be devoted to the hegemonic state-based conception of law: after describing the landscape of modern legal traditions, and reviewing several ways in which they interact with each other, we will examine the whole picture within the framework of the Westphalian paradigm. During the final part of the course we will review several contemporary examples of law and governance that challenge the traditional picture in different ways: they range from systems that depend hierarchically on the public authority of the state to different forms of transnational private governance.
Through the use of relevant materials, cases, lectures and presentations, we will try to shed light on the challenges of a legal professional in the world of global law and governance, and to reflect on the theory and practice of global justice. The transnational nature of the class will be in itself an active element of the educational process, and interaction between the students in-class and outside-class will be encouraged.
Evaluation: Class Participation (20%); Take-Home Exam (8 hours) (80%)
Core Course: Transnational Legal Systems: Structures and Issues (Spring 2014 only)
Michael W. Dowdle, National University of Singapore and Chantal Mak, Amsterdam Law School
In this course, we will look at the structure of and issues surrounding various archetypical forms of transnational regulatory institutions. These will include intergovernmental regulatory organizations (e.g., UN, EU); intergovernmental consultation and coordination organizations (e.g., ASEAN, OPEC); international governance networks (e.g., the International Competition Network); international financial institutions (e.g., the World Bank); international civil-society organizations (e.g., Amnesty International); private transnational market and trade institutions (e.g., production chains, international arbitration institutions, lex mercatoria); and transnational epistemic communities (e.g., rights activists). We will explore these forms from the perspectives of internal and external legitimacy, autonomy, regulatory needs and capacities, and their place in and implications for the ongoing evolution of the larger global order.
3 Credits, required. Evaluation: Class Participation (30%); Take-Home Exam (8 hours) (70%)