International Law Courses

3 credits

Capital-intensive public and private development projects throughout the world, including large-scale infrastructure, transportation, energy, agriculture, technology and environmental projects depend upon project financing as the primary funding mechanism. Understanding and resolving the political, legal and financial risks associated with the planning and implementation of these projects, and often in emerging and unstable economies, is the critical first step in developing project finance opportunities. The seminar will combine theory and practice and focus on the negotiation and structure of actual project finance and concession agreements and transactions and the minimization of exposures and risks associated with these transactions. Each step of the project finance process will be analyzed, including the rationale and sources for the project finance, the legal framework for the project finance, the organizational and governance structure, risk allocation and mitigation and dispute resolution. An interdisciplinary analysis from the legal, finance and public perspective will be used to assess the views that investors, lenders, designers, contractors, governmental participants, citizens and other stakeholders bring to an infrastructure project. Several of the world's largest and most complex civil engineering and infrastructure mega projects including the English Chunnel, the Chad Cameroon Pipeline, the Dabhol Power Project and Boston's Central Artery Tunnel Project will serve as models for analysis of project finance and risk. A final research paper will be required in lieu of an examination. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This class is intended to introduce students to the key legal and practical issues encountered when resolving disputes through international arbitration. Arbitration is a private means of dispute resolution where the parties agree to be bound by the decision of an arbitrator of their choice, whose decision in a final award has the same legal force as a court judgment or order. International arbitration is the main form of dispute resolution relating to cross-border commercial disputes and is also sometimes used in public international law contexts involving governments. This course will explore both doctrinal issues--such as what constitutes 'consent' to arbitrate and the relationship between international tribunals, who adjudicate the disputes, and national courts, who compel arbitration and enforce (or void) arbitral decisions--and policy debates, such as what issues are appropriate for resolution by private arbitrators rather than judges and the social ramifications of the lack of transparency in arbitration. There will be a skills component, including hands-on exercises such as roleplays, oral advocacy, and drafting arbitration clauses. PREREQUISITE: Students must have taken a course (any course) in international law (knowledge of the foundations of international law, e.g. what is a treaty, will be presumed). UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course is designed to give students a broad overview of the law--domestic, foreign, and international--governing international business transactions. With the significant growth in international commerce and trade, and the forces of economic and social globalization, lawyers will increasingly confront international legal issues during their professional careers. This course will focus on the legal problems encountered in business ventures that cross national borders. Topics may include formation of contracts, choice of law, financing the international sale of goods through letters of credit, sales and distribution agreements, licensing and contract manufacturing, joint venture agreements, foreign investment, international dispute settlement, and global compliance issues. This course explores one or more of these topics with contract drafting and negotiation exercises. NOTE: While prior background in international law is not required, it is strongly recommended.

3 credits

This seminar will provide an overview of the private dimensions of negotiating and drafting international business agreements, and specifically on the contractual aspects. Students will gain hands on experience in structuring, drafting and analyzing various international business agreements and documents including global joint venture agreements and privatization provisions, sales, distribution and franchise agreements, international development agreements, share purchase agreements, letters of intent and technology licensing agreements. The design of the class will assist students in identifying critical legal issues and techniques likely to affect the outcome of international business negotiations including protecting against political, economic and legal risks. Emphasis will be placed on the important differences between international and domestic agreements from the American law perspective. Grades will be based on class participation and a final research paper. UPPER-CLASS WRITING REQUIREMENT: This class may be used to satisfy the requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.