This course will cover the international and US refugee law regime, tracing the development of the Refugee Convention and the US Refugee Act of 1980. We will discuss the role of key actors including the UN High Commissioner for Refugees, Congress, the Departments of Homeland Security and Justice, and the federal courts. Students will become familiar with the refugee definition as interpreted in the US. We will study the relationship of refugee law to human rights law and administrative law, and will assess legal and institutional efforts to respond to the situation of displaced persons in need of protection who do not fit within the refugee definition. We will examine the challenges to refugee protection on both the international and domestic levels, focusing in particular on options for policymakers trying to meet international obligations to refugees while ensuring national security and addressing transnational crime. This course does not fulfill the writing requirement.
Exam Notes: TH/P
Refugee Law (K. Jastr*m)
Comparative Law (L. May*li)
This course is an introduction to the comparative analysis of different legal cultures and traditions, and their mutual influences in times of a so-called globalization. After a brief survey of the methodologies and ideologies of the various comparative studies of legal institutions and norms, we will study and compare the civil and common law traditions as well as mixed legal traditions including religious and socialist conceptions of law. We will focus, on the one hand, on topics such as, legal transplants, conflict between tradition and modernity, customary law and religious norms, and, on the other hand, codification and law making process, constitutionalism, private and public law.
A section of the class will be dedicated to the comparison of the legal experiences of Latin American states, post-colonial African states and Western European countries. This comparative examination will focus on the circumstances and process leading to the advent and development of the current legal systems.
Students are required to write one paper (20 pages). The course may be used to fulfill the writing requirement. No Prerequisites. This course is also a first year elective.
Exam Notes: P
Ocean Law and Policy, (D. Car*n, H. Scheib*r)
The Ocean and Coastal Law and Policy seminar is unique among such classes nationally in integrating the study of both the international law of the sea and specific U.S. legal regimes governing the oceans and coastal zones. This seminar examines ocean law in historical perspective and will also provide a survey and analysis of ocean resource issues both in contemporary international relations and in U.S. constitutional law and public policy. Specific topics to be considered include the modern global movement for extension of the territorial seas and economic zones; U.S. coastal resources conflicts and their management; offshore mineral exploitation; and federal state relations since World War II; and the evolution of national agencies and international agreements that govern the management of marine fishery resources.
Exam Notes: P
International Human Rights Law, (L. Fletch*r)
This class will provide an introduction to the law and institutional mechanisms for the protection of international human rights. The class will examine the theory and history of the field (briefly), before turning to study the international and regional human rights treaties and their enforcement mechanisms. Non-treaty mechanisms and the role of non-governmental organizations will also be covered. The class will touch on some of the following procedural channels for implementing human rights: on-site observation and fact-finding, state reporting, individual complaints, emergency procedures, state v. state complaints, litigation in domestic courts, public discourse in international forums, international criminal prosecution and truth commissions, procedures for compensating victims, etc. The class will also address the use of international human rights standards in United States courts. The class will be conducted through lectures, speakers, problems for discussion, small group discussions, role playing exercises, etc. No prerequisites, although a background in international law is helpful.
Exam Notes: F
International Law (D. Car*n)
This course focuses on the central subjects of international law and offers a rigorous foundation for the various advanced courses and seminars offered in international law. There are no prerequisites for the course, nor should students feel that exposure to international relations is needed. The study of international law in other contexts does not bar the taking of this course. The core areas addressed are (1) the various forms of international law, namely custom and treaties, (2) the nature of the state, international organizations and other non-state actors, (3) the allocation of authority over the globe ranging from the exclusive authority possessed by states over their territories to the shared allocation in areas such as Antarctica, (4) the extent of a state's jurisdiction outside of its territory and its immunities from the jurisdiction in the territory of others, (5) the relationship of international law to domestic law in representative countries, and (6) the substantive law of treaties and of 'state responsibility.' These six areas are studied through cases and commentary simultaneously providing an introduction both to the evolution and present array of international courts and tribunals and to the substantive fields of environment, human rights, use of force and laws of war, and trade and investment. Throughout the course, we will discuss the force and relevance of international law, as well as introduce theoretical perspectives that have developed over the past several decades. A take home exam will be given, a short writing assignment during the term will be given.
Exam Notes: TH
International & Foreign Legal Research (M. Hoffm*n)
This course will cover research methods and sources for international, foreign and comparative legal research, utilizing both print and electronic materials. Students will learn basic concepts of legal research, research strategies, evaluation of materials in various formats, search techniques for effective use of electronic sources (including Lexis, Westlaw, and the Web), and research organization. Topics include public international law, foreign law, private international law, the European Union, the United Nations, other international organizations, and more. Most class sessions will involve the use of research guides and materials (posted on the Web) to orient students to the topic, the sources, and appropriate research methodology. Grading will be based on weekly in-class or homework assignments that allow the student to use and evaluate the various sources; a brief oral presentation on a foreign legal system; and a final research guide on an international law topic or an international organization. At the end of the semester, students will have practical knowledge and experience in selecting and using a variety of international and foreign legal sources.
While there are no prerequisites for this course, it is assumed that students will have some basic familiarity with legal research techniques.
Exam Notes: P
