Required Courses

All students are required to take the below three courses, which are worth a total of 4 credits.

Students who attend the program in both the Fall and the Spring semester may only take the Global Practice Exercise in their first semester at CTLS. They must also take the Transnational Law Colloquium and Lectures in Transnational Justice during their first semester, but may choose in which semester to take the Core Course.

Global Practice Exercise
CTLS 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. Evaluation: Participation in the plenary sessions and breakout groups.

Transnational Law Colloquium and Lectures in Transnational Justice (Spring 2026)
Coordinated by Jennifer Hillman, Georgetown Law and Christian Hofmann, National University of Singapore

The Transnational Law 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 two of the papers in advance of the meeting.

The Lectures in Transnational Justice are similar to the Colloquia; however, they are more formal, have a higher profile, and are aimed at the wider CTLS community within London. There will be two lectures each semester delivered by scholars or practitioners with significant transnational experience. Students must attend both lectures.

1 Credit, required. Evaluation: Participation in seven assigned colloquia and submission of two response papers (500 words each), Participation at two lectures.

Transnational Law Colloquium and Lectures in Transnational Justice (Fall 2026)
Coordinated by Gabrielle Appleby, University of New South Wales and Kevin Tobia, Georgetown Law

The Transnational Law 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 two of the papers in advance of the meeting.

The Lectures in Transnational Justice are similar to the Colloquia; however, they are more formal, have a higher profile, and are aimed at the wider CTLS community within London. There will be two lectures each semester delivered by scholars or practitioners with significant transnational experience. Students must attend both lectures.

1 Credit, required. Evaluation: Participation in five assigned colloquia and submission of two response papers (500 words each), Participation at two lectures.

Core Course: Transnational Law: Introduction and Selected Issues (Spring 2026)
Harold Hongju Koh, Yale Law School 

This course will introduce students to the various forms of law that comprise “transnational law,” definded by Philip Jessup as “all law which regulates actions or events that transcend national frontiers… [including] [b]oth public and private international law… [and] other rules which do not wholly fit into such standard categories.” The course will familiarize students with the principal forms of transnational law and the relations among them. The course will first introduce students to the trans-substantive “transnational legal process,” by which domestic legal rules are uploaded into international law and vice versa, or transplanted from one legal system to another. The course will then investigate Jessup’s “other rules” which include rules of “transnational legal substance,” that regulate persons or transactions situated or occurring outside the state’s physical borders. Today, transnational legal substance has grown considerably and include international human rights and humanitarian law, international criminal law; law of the sea, environment and climate change; and global public health.

2 Credits, required. Evaluation:

  • Final Take-Home Examination (70%): There will be an 8-hour, open book, final take-home examination to be taken during the final examination period. The word limit will be 2,500 words.
  • Group presentation and powerpoint (20%): Each student will participate in an oral presentation on a topic in transnational law and policy in March 2026, with an accompanying powerpoint.
  • Class participation (10%): Students who actively participate in class discussion in a manner that demonstrates deep familiarity with the assigned reading materials and class materials, may receive a grade adjustment bonus of up to 0.5 points.

Core Course: Transnational Law: Introduction and Selected Issues (Fall 2026)
Gabrielle Appleby, University of New South Wales

This course introduces students to the forms and systems of legal norms, institutions and processes that comprise “transnational law.” Philip Jessup, who coined the term, defined such law as “all law which regulates actions or events that transcend national frontiers… [including] [b]oth public and private international law… [and] other rules which do not wholly fit into such standard categories.” The course will introduce the idea of transnational law, its history and evolution and how the transnational legal order is shaped by power, inequality, and historical legacies. It will explore a number of the forms of transnational law, including private international law, international economic regulation, constitutional borrowing and democratic erosion, Indigenous peoples’ rights, business and human rights, climate governance, global administrative law, and the regulation of online platforms and disinformation. Through case studies, discussion, and applied in-class exercises, students will develop a contextual and critical understanding of how transnational law structures governance and legal change in an increasingly interconnected world.

2 Credits, required. Evaluation:

  • Critical reflective essay (40%): Students will complete a critical essay on a contemporary transnational legal issue assigned during the semester. The word limit is 1,500 words.
  • Transnational legal strategy project (40%): Students will complete a scenario-based project requiring them to map, strategize, and critically reflect on a contemporary transnational legal problem. The word limit is 1,500 words.
  • Class participation tasks (20%): Students will be assessed on active participation throughout the course, including engagement in discussions and in-class exercises demonstrating familiarity with assigned readings and course materials. A series of individual and group participation tasks will be set over the course of the semester and will contribute to the participation grade.

Spring 2026 – Elective Courses

Comparative Antitrust Law
Alison Jones, King’s College London

This module provides an overview, focusing on the EU and US antitrust systems, of why jurisdictions across the world put systems of competition law in place. It considers the US and EU laws, their goals, how they have been interpreted and applied, their enforcement structures, and their respective strengths and weaknesses. It examines how these laws govern certain business practices, including cartels, distribution agreements, the conduct of dominant firms, and mergers. It considers how legal, social, and economic factors, along with enforcement structures, have moulded the content of these laws and so why the two systems diverge. In this subject, you will reflect on the problems that competition laws aim to solve and explore how relevant courts and enforcement agencies in the US/EU have developed coherent and workable rules to achieve that objective. We also consider gaps in the laws, and the challenges involved in applying competition laws in the digital economy and explanations for divergences in approaches across the jurisdictions.

Core topics will include:

  • Why antitrust law? History and objectives
  • The antitrust laws and their enforcement structures
  • An introduction to key concepts
  • Cartels and horizontal cooperation
  • Vertical agreements
  • Abuse of dominance and monopolization
  • Merger control

2 Credits. Evaluation: Class participation (10%), Final take-home exam (8 hours) (90%).

Comparative Renewable Energy Law and Policy
Brad Jessup, University of Melbourne

In the context of international legal developments that have promoted the adoption of renewable energy generation within nation states, this course will explore and compare how nation states have developed their legal and policy frameworks to increase their renewable energy capacity.

The course will explore various topics that have been controversial or complex across nations, including offshore wind, transitional justice, Indigenous land access and consents, transmission infrastructure development, dam building, waste to energy, nuclear expansion/closure, government subsidy mechanisms, and storage capacity.

Students will confront the intersection and interdependence of law and policy, the role of politics and influence of citizen resistance in the energy transition, and they will learn about approaches to comparative legal analysis and research methodologies.

[The course will include a field trip to Paris to meet with the Secretariat of REN21.]

2 Credits. Evaluation: Attendance and class participation (15%), Group/paired class presentation (25%), Final research paper (4,000 words) (60%).

Family Forms and Parenthood: Tensions Between Legal, Biological, and Social Parenthood
Alexandra Jungo, University of Fribourg

This course explores the evolving landscape of family forms and parenthood through the lenses of private law and human rights. It examines how new family forms and reproductive technologies – such as assisted reproduction, surrogacy and gamete donation – challenge traditional concepts of family, kinship, and parentage. Particular focus is given to the tensions between legal, biological, and social parenthood, as several recent and emerging tendencies across European law and policy indicate a growing recognicion of social parenthood.

Starting with an overview of various family forms, we explore the laws of parentage and filiation in different countries. We discuss how motherhood and how fatherhood are established. In doing so, we have to differentiate between legal, biological, and social parenthood. These three types of parenthood can be congruent, but they can also differ. This fact raises several questions : who are the legal parents and who are the social parents ? How do legal systems protect the right to know one’s origins ? To what extent are social parents granted legal recognition ? Is there a hierarchy among the different forms of parenthood? Can parenthood be determined or arranged privately ? What influence does the case law of the European Court of Human Rights’ have on the development of legal, biological, and social parenthood?

2 Credits. Evaluation: Attendance and class participation (30%), Case or country report presentation and 1000-word paper (40%), Final take-home exam (8 hours) (30%).

International Criminal Law
Alejandro Chehtman, Universidad Torcuato Di Tella

This course presents a condensed introduction to the normative foundations, institutional landscape and legal architecture of International Criminal Law. The first part will succinctly introduce the milestones of the discipline, from the Nuremberg/Tokyo trials, the Juntas Trial in Argentina and the creation of transitional justice in Latin America, to the establishment and inner workings of the ad hoc Tribunals and the International Criminal Court (ICC). The second part will examine the basis and limits of the legal authority of the ICC, both in terms of the scope of its personal and territorial jurisdiction and the immunities that can be invoked against it. It will also assess its selection of cases and situations and the charges of double standards, and the role of domestic courts exercising universal jurisdiction. The third part will examine the substantive law concerning core crimes, including crimes against humanity, war crimes, genocide and aggression. The course will conclude with a critical assessment of the current state of ICL prosecutions both before international and domestic courts.

2 Credits. Evaluation: Final take-home exam (8 hours) and a bonus for participation in class (up to 35%).

International Economic Law: International Trade, Investment, Finance and Development
Jennifer Hillman, Georgetown Law

This course provides an introduction to the international legal and institutional frameworks that govern economic cooperation among nation states in key areas, including international trade, finance, investment and development. Considerable emphasis will be placed on the institutional dimension of cooperation, with a comparative review of the relevant international organizations (including the WTO, IMF, World Bank and OECD) and the law that underpins their missions.  The Course will identify the current challenges faced by each of these institutions in an environment where multilateral co-operation, although increasingly urgent, is also increasingly unpopular. The Course will conclude with a focus on cross-cutting issues, including the backlash to globalization and efforts to “decouple” or restrict the flow of capital, goods or technology to certain markets, or to reconfigure global supply chains; the efficacy of “soft law” and “soft institutions,” which are increasingly relied upon in an environment where countries are less inclined to surrender legal sovereignty through the creation of treaty obligations; and a case study on critical minerals and the national security, trade, development and investments issues arising as countries scramble to ensure ready access to critical minerals.

2 Credits: Evaluation: Attendance and class participation (20%), Three discussion/reaction papers (3-4 pages or 1,600 words maximum length) (80%).

ONE-PLUS OPTION:

For 1 extra credit, a limited number of students who need to fulfill a graduation requirement at their home university may write a major research paper. To obtain the extra credit, the student must (a) turn in a written outline of the paper for faculty comment relatively early in the semester, (b) turn in a complete first draft for faculty comment two-thirds of the way through the semester, and (c) write a paper of 6000 words, not including footnotes.

Please note that this course has been approved as a WR course for Georgetown students.

Philosophy of International Law: Institutions, Principles and Concepts
Ronaldo Porto Macedo Jr., Universidade de São Paulo

International law has undergone significant changes in recent decades, with a marked increase in its impact on social and economic relations worldwide. These changes have sparked renewed interest among legal theorists (particularly with the publication of several articles and the collection The Philosophy of International Law, by Samantha Besson and John Tasioulas (eds.), Oxford: Oxford University Press). While in the recent past it was seen as a “primitive or unfinished form” of state law, today it is conceived based on its own principles and rationales. This phenomenon provoked a reassessment of contemporary legal debate on the international law ground. The course will explore the meaning and relevance of recent theoretical debates on classic issues of international law, including sources, institutions, and central concepts such as sovereignty, the rule of law, legitimacy, and human rights. Studying several of these articles will enable us to revisit classic themes in legal theory in light of the new challenges posed by contemporary international law.

Required textbook: Besson, Samantha, and John Tasioulas, eds. The Philosophy of International Law. Oxford: Oxford University Press, 2010.

2 Credits. Evaluation Method: Attendance and class participation (30%), comprised of a written presentation on an assigned week’s reading (20%) and general contribution to class discussion (10%); and Final take-home exam (8 hours) (2,500 words) (70%).

Populism, Constitutional Democracy and Law
Martin Krygier, University of New South Wales

In many countries across eastern and western Europe, the Americas, Asia and Africa, so-called ‘populist’ parties have gained, or are close to gaining, power. Some are still trying (England, France, the Netherlands, Germany), some have come and gone but might be back (Brazil, Philippines, Poland), others are still there and planning to stay (Hungary, India, US).  All of them claim to be democratic, and most of them have novel and controversial interactions with constitutions and law.

This course will begin by asking what such regimes have in common and how they differ, focusing on what, if anything, is distinctive about populist legal and political aims, strategies,  methods, and consequences. The focus is particularly on populists-in-power: how they gain it, what they do with it, and how they  plan to, and do, change the political and legal landscape while they have power, and even after they lose it. What in particular are their effects on the practices and character of law and democracy? What do they do to and with laws, courts and constitutions? And what if anything distinguishes ‘constitutional populism’ and ‘populist democracy’ from other sorts?  We will also examine potential political and legal responses that might be available and appropriate  for partisans of legality and constitutional democracy in each of those stages: before, during and after.

2 Credits. Evaluation: Class Attendance, Participation (10%), and In-Class Presentation (20%); Final take-home exam (8 hours) (2,500 words) (70%).

The Rule of Law: in Law and in Life
Martin Krygier, University of New South Wales and Ronaldo Porto Macedo Jr., Universidade de São Paulo

The rule of law has become one of the most prominent legal-political concepts in public discourse in the contemporary world. But though we talk a lot about the rule of law,  it is less obvious that we think very well about it. This course seeks to help students think better. It aims to acquaint them with an understanding of existing accounts of the rule of law, and equip them with the ability to think critically about and beyond such accounts, whether or not they ultimately come to agree with them. It will draw upon accounts by lawyers, legal philosophers, rule of law promoters, and students of law and society, as well as real-world case studies.

The course has an unavoidable transnational dimension. Societies differ and change, and the role of law, what is needed for the rule of law, and what challenges it faces, will vary with time, place, challenge and available responses. Many of these things – both challenge and response – are matters of life (and in some places death) as much or more than they are of law.  We need to try to understand both, and how they connect.

Students will be asked to appraise,  criticise and supplement traditional legal and philosophical accounts of the rule of law and what it is supposed to do, with comparative, sociological and political perspectives on the ways law actually works (and doesn’t work) in the world, what are the many and variable sources of challenge, as well of opportunity.  Challenges and attempts to respond, contemporary at the time of the course (eg authoritarianism, illiberal populism) will be the subjects of selected case studies.

3 Credits. Evaluation: Class Attendance, Participation (10%), and In-Class Presentation (20%); Final take-home exam (8 hours) (2,500 words) (70%).

Transnational Financial Regulation
Christian Hofmann, National University of Singapore

This course offers an introduction to the regulation of financial institutions, markets, and services, with a particular focus on transnational (i.e., cross-border, harmonized, and internationally coordinated) regulatory approaches.

Students will explore the key risks associated with financial intermediation and the various regulatory strategies developed to address them. The course covers a broad spectrum of financial sectors—including banking, securities markets, payment systems, and emerging technologies such as central bank digital currencies and stablecoins. Special attention is given to the role of regulation in promoting financial stability while responding to innovation and cross-border challenges.

Through theoretical frameworks, case studies, and analysis of current policy debates, the course equips students with a solid understanding of how financial regulation operates in a globalized and rapidly evolving financial system.

2 Credits. Evaluation: Class participation and group presentation (30%), Final take-home exam (8 hours) (70%).

Transnational Gender and Environmental Justice
Brad Jessup, University of Melbourne and Alexandra Jungo, University of Fribourg

This course will trace the evolution, transplantation, and globalisation of the concepts and movements of gender and environmental justice within domestic and international laws. It will examine the intersections of feminist thought and environmental protection, examining in particular why and how environmental justice is gendered – in terms of harms and leadership.

Starting with a reflection of the origins of environmental justice in the United States and the development of gender-based rights internationally, the course will then explore the contemporary plural and manifold meanings and definitions of environmental justice and gender justice through a survey of community experiences with the law around the globe.

Using a case study methodology, which students will need to use in their own research papers, the course will then examine the role of international, transnational, and domestic laws in creating and resolving injustices to the environment and to women, and approaches to realise gender and environmental justice between nations, people and generations.

3 Credits. Evaluation: Attendance and class participation (10%), Research proposal and presentation (20%), Final research paper (4,000 words) (70%).

ONE-PLUS OPTION:

For 1 extra credit, a limited number of students who need to fulfill a graduation requirement at their home university may write a major research paper. To obtain the extra credit, the student must (a) turn in a written outline of the paper for faculty comment relatively early in the semester, (b) turn in a complete first draft for faculty comment two-thirds of the way through the semester, and (c) write a paper of 6000 words, not including footnotes.

Please note that this course has not been approved as a WR course for Georgetown students.

Fall 2026 – Elective Courses

Students will receive an email when course requests open for the Fall 2026 semester.

Beyond Positive Law: Women, Literature, and Legal Transformation
Ida Ferrero, University of Torino

The proposed course is situated within the Law and Humanities tradition and adopts a transnational perspective on legal development. Law is approached not merely as a system of positive norms, but as a cultural and historical phenomenon shaped by narratives and representations.

Through literary texts, the course examines how law constructs and negotiates gender roles, with particular attention to women as legal subjects, both as individuals and within family structures. The analysis begins with nineteenth- and twentieth-century European legal cultures and then expands to non-European contexts. This comparative approach highlights plural legal orders and challenges Eurocentric models of legal evolution.

The course ultimately aims to provide students with critical tools to rethink law beyond positivism, focusing on gender, power, and transnational legal dynamic.

2 Credits. Evaluation: Attendance and class participation, including one class presentation (30%), Final take-home exam (8 hours) (70%).

Comparative and International Legal Interpretation
Kevin Tobia, Georgetown Law

This course studies legal interpretation across time, legal traditions, and borders. It begins with a comparison of major historical and contemporary traditions of legal interpretation across common, civil, and religious law systems. Students will learn and compare common methods of interpreting constitutions, statutes, and private instruments (e.g. contracts). The course also examines interpretation in public international law (e.g. treaty interpretation) and transnational contexts. Throughout, we will analyze how linguistic, cultural, and legal diversity influence interpretation. The course pursues these topics through theoretical frameworks, case studies, and analysis of current and emerging issues (e.g. linguistic diversity and legal integration; interpreting AI-generated legal texts).

2 Credits. Evaluation: Attendance and class participation, including four 350-word discussion posts (30%), Student presentation (10%), Final research paper (4,000 words) (60%).

ONE-PLUS OPTION:

For 1 extra credit, a limited number of students who need to fulfill a graduation requirement at their home university may write a major research paper. To obtain the extra credit, the student must (a) turn in a written outline of the paper for faculty comment relatively early in the semester, (b) turn in a complete first draft for faculty comment two-thirds of the way through the semester, and (c) write a paper of 6000 words, not including footnotes.

Please note that this course has not yet been approved as a WR course for Georgetown students.

Comparative Constitutional Law
David Schneiderman, University of Toronto

At present there is an unprecedented and ongoing world-wide conversation about how to resolve contentious constitutional questions. There is, in other words, more convergence over answers to constitutional questions and less divergence than has been seen in modern times. A part of that conversation concerns which precedents, issuing out of which jurisdictions, provide models for judicial decision making and which should be strenuously avoided. This seminar examines the content of what might be called the comparative constitutional law canon. Of interest will be the various jurisdictions and cases that serve as both models of constitutional analysis and as anti-models. Among the topics for discussion will be comparative constitutional property rights, social rights, freedom of expression, separation of powers, and proportionality analysis. In addition, selected regional approaches and historic moments that inform contemporary constitutional analysis will be examined.

2 Credits. Evaluation: Class Attendance, Participation, and Posing Questions for One Assigned Reading in Advance of Class (20%), Final research paper (4,000 words) (80%).

Comparative Judicial Review
Yoav Dotan, Hebrew University of Jerusalem

The purpose of this course is to discuss, on a comparative basis, the principles of judicial review on legislation and executive decisions in various legal systems. The process of judicial supervision is influenced by the constitutional framework as well as by the legal culture and political conditions of each system. The course will deal with the general conditions under which judicial review takes place as well as with the structural basis of the process of review and the nature of the reviewing courts. It will discuss the fundamental theoretical questions that control the phenomenon of judicial review. It will also examine specific questions such as the preliminary conditions for judicial review (standing etc.), the grounds for review in each system and so forth. Special attention will be given to questions of human rights and national security and to the contemporary challenges posed to judicial systems around the world due to the rise of populism and democratic backsliding. The course will focus primarily on the legal systems of the U.S., England and Israel, but other legal systems such as those of France, Canada, Germany, Brazil and India will also be discussed. 

2 Credits. Evaluation: Active class participation (15%), Final take-home exam (during the mid-semester break) (8 hours) (85%).

International Investment Law
Wasiq Abass Dar, Jindal Global Law School and David Schneiderman, University of Toronto

This course examines the basic structure, substantive norms, and numerous controversies concerning the global law to protect and promote foreign investment. This is a new legal regime, made up of over 3,300 bilateral and regional treaties entered into between most states in the world, and that intersects with many conventional legal fields (including administrative law, constitutional law, international law, and international arbitration). The regime is enforced by a contingent of international investment lawyers, operating under a system of privatized justice, in which states are held to account for their treaty violations by awarding damages to harmed individuals and corporations.  The first half of the course will be taken up with learning the standards of protection associated with this new legal order. The second half will examine issues associated with jurisdictional and procedural questions in addition to appellate review.

3 Credits. Evaluation: to be confirmed.

International Tax Law and Policy
Leopoldo Parada, King’s College London

The module offers an in-depth exploration of international tax law and policy, providing sustained engagement with doctrine, policy, and practice. It introduces the fundamentals of corporate and personal income taxation in a cross-border context, the allocation of taxing rights through model tax conventions and the MLI, and the operation of double taxation relief and treaty anti-abuse standards. Building on these foundations, the module examines tax competition and tax havens, international corporate tax avoidance and the OECD Base Erosion and Profit Shifting (BEPS) project, and the latest reforms under Pillar One and Pillar Two, including global minimum tax rules and digital services taxes. A final block focuses on global tax governance, analysing the evolving roles of the OECD, UN, EU and G20, the politics of tax transparency, and the implications of current reforms for both developed and developing countries. Throughout the module, students will work with case studies, contemporary policy documents and leading scholarly contributions to develop a critical understanding of the effectiveness, legitimacy and future direction of international tax regulation.

2 Credits. Evaluation:

  • Individual policy brief (60%): 2,000–2,500-word written brief advising a government or international organisation on a specific contemporary issue, based on a hypothetical scenario released at the end of the teaching term. This assessment allows students to apply the principles, policy trade-offs and governance considerations covered in the module.
  • Short in-class presentation (40%): 10-minute mid-term presentation on a contemporary international tax policy issue (e.g., adopting DSTs, introducing a global minimum tax), approached from the perspective of the student’s chosen jurisdiction. Students will summarise the key aspects of the issue, identify the main policy trade-offs and provide recommendations. The presentation will include a short Q&A segment, assessing the ability to communicate complex international tax issues clearly to a policy-oriented audience. This will take place in week 7-8.

Labour Law in the Age of New Technologies: Comparative and Global Perspectives
Einat Albin, Hebrew University of Jerusalem

Digital technologies, artificial intelligence, and data-driven management systems are transforming how work is organized and how power is exercised in contemporary workplaces. Platform-mediated labor, algorithmic management, biometric monitoring, and automated decision-making increasingly structure hiring, scheduling, evaluation, discipline, and dismissal.

This course examines how different legal systems respond—and can respond—to these transformations. It adopts a comparative and global perspective, analyzing regulatory approaches in the United States, the European Union, the United Kingdom, China, and Israel. The course focuses both on the challenges new technologies pose to workers’ rights and on the possibilities they may create for improving working conditions, enhancing transparency, and strengthening collective voice.

Drawing on labor law, data protection, anti-discrimination law, and human rights frameworks, the course develops a rights-centered and structurally grounded understanding of technology at work.

2 Credits. Evaluation: Short reflection paper (30%), Final paper or policy brief (70%).

Law and Religion
René Pahud de Mortanges, University of Fribourg

Law and religion deals with the internal norms of religious communities and with state policies regarding the exercise of religion. 

This course introduces to Jewish, Christian and Muslim law as well as to the norms of Asian religions. Of particular interest here is from which texts the norms are derived, how binding they are, which areas of life are regulated, and which methods are used to ensure that the often historically handed-down laws remain applicable in the modern world.  

The course furthermore analyses the great diversity of relationships between state and religion around the world, from separatist to state religion systems and the many nuances in between. How do states in different countries regulate the exercise of religion? To what extent religious freedom is guaranteed not only in theory but also in practice?  Are there fair conditions, including for members of religious minorities and people without religion? Do religious norms, courts and authorities play a role within the state’s legal system?

Depending on the interests of the students, we will discuss current topics such as religion and gender issues or state regulations regarding discrimination within religious communities.

As with state law and religious law two systems interact, we will also address the question of what can be learned for the theory and reality of legal pluralism.

There will be guest lectures and site visits in London.

2 Credits. Evaluation: Class participation (30%); Research paper (3500-4000 words) analysing one of the topics and its presentation in class (70%).

ONE-PLUS OPTION (for up to 5 students):

For 1 extra credit, a limited number of students who need to fulfill a graduation requirement at their home university may write a major research paper. To obtain the extra credit, the student must (a) turn in a written outline of the paper for faculty comment relatively early in the semester, (b) turn in a complete first draft for faculty comment two-thirds of the way through the semester, and (c) write a paper of 6000 words, not including footnotes.

Please note that this course has not yet been approved as a WR course for Georgetown students.

Navigating Arbitral Awards: Finality, Annulment and Enforcement
Wasiq Abass Dar, Jindal Global Law School

The finality and enforcement of a decision, whether made by a court or an arbitral tribunal, remain crucial considerations for the disputing parties when selecting a dispute resolution mechanism. A defining characteristic of arbitration, both domestic and international, that makes it a preferred dispute resolution mechanism is the final and binding nature of the arbitral awards. The recognition and enforcement of an arbitral award constitute the logical culmination of arbitration – resolving the dispute for good. In essence, once an award is issued, it becomes legally binding on the parties involved – which explains the finality of the arbitral award. This concept is legally underpinned and enforced by relevant national legislations and international instruments, such as the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards, the UNCITRAL Model Law on International Commercial Arbitration, and the ICSID Convention. While these legal instruments encourage and play a crucial role in facilitating the enforcement of arbitral awards across jurisdictions, they also establish the grounds and procedures through which the appropriate courts may annul or decline to recognise and enforce the arbitral awards. Therefore, an arbitral tribunal rendering an arbitral award may not necessarily bring the dispute to an end. In fact, it may just be the beginning of the final battle. This course is tailor-made to understand and appreciate the life cycle of an arbitral award from a practitioner’s point of view. It will introduce students to the entire spectrum of theoretical and practical issues and concerns associated with the post-award stage, particularly concerning matters related to the annulment and enforcement of arbitral awards – in domestic as well as transnational setting.

2 Credits. Evaluation: Class participation (20%), Short research paper (2000 word) (30%), Final take-home exam (8 hours) (50%).

Non-State Actors in International Law
Yaël Ronen,
Hebrew University of Jerusalem

International law developed as a system of relations between states, and states have traditionally been the dominant actors on the international legal plane. Nonetheless, non-state actors (NSAs) have always participated in international life. Over time, some of them have been formally recognised as participants in international law, albeit of a limited capacity. Today international law encompasses a variety of actors – supra-statal, intra-statal and cross-statal. Their rights, obligations and responsibilities are constantly evolving, reflecting political, economic and social phenomena. This development challenges the traditional structure of international law. 

The seminar will address the place that different NSAs have in international legal relations. We will examine the international law – rights, obligations, power and immunities – of specific categories of NSAs, including corporations, NGOs, international organisations, as well as putative states, armed groups, indigenous peoples and others. Discussion of the varying levels of effort and success with which international law regulates these categories will facilitate an assessment of the change that NSAs bring to traditional international law.

1 Credit. Evaluation: Case study analysis to be presented in a 10-minute audio+visual recorded presentation; Class participation: Students who actively participate in class discussion in a manner that demonstrates deep familiarity with the assigned reading materials and class materials may receive a grade adjustment bonus of up to 0.5 points.

Property, Suffrage, and Rights in Constitutional History
Ida Ferrero, University of Torino

This course examines constitutional charters from the American Constitution onwards, adopting a historical and legal approach to constitutional development.

Constitutions are analysed as normative instruments regulating citizenship, political participation, and the distribution of rights within the state. Particular attention is devoted to property requirements for suffrage, the legal exclusion and progressive recognition of women’s rights, and the constitutional emergence of workers’ rights.

By situating constitutional texts within their legal and institutional contexts, the course highlights how constitutional norms responded to social conflict and changing economic structures. A comparative perspective, extending beyond Europe, allows students to assess different constitutional models of inclusion and exclusion and to critically evaluate linear narratives of constitutional progress.

2 Credits. Evaluation: Attendance and class participation, including one class presentation (30%), Final take-home exam (8 hours) (70%).

The Law of International Finance and Trade
Jennifer A. Hillman, Georgetown Law and Christian Hofmann, National University of Singapore

This course is delivered in a condensed format.

The first half focuses on international finance and adopts a principles-based, rather than jurisdiction-specific, approach, enabling students to understand the applicable rules in their respective home jurisdictions. After introducing the foundations of global financial markets, this part explores the theoretical and functional concept of money. It compares the characteristics of tangible money, central bank reserve money, commercial bank money and central bank digital currency with those of cryptocurrencies and stablecoins. It will include an introduction to the legal principles governing central bank monetary policy operations. The course further addresses sovereign financing and examines the phenomenon of sovereign debt restructuring, its legal challenges and existing mechanisms to address them, such as collective action clauses. In its final section, the first half turns to the internationally coordinated regulation of banks with cross-border operations, with a focus on the risks inherent in their business models and the corresponding regulatory responses, in particular capital and liquidity requirements.

The second half will turn to the law and policy of international trade, with a focus on the World Trade Organization (WTO) as regional trade agreements (RTAs). The course will cover the basic principles of international trade law, including most-favored-nation (MFN) and national treatment, as well as the law of tariffs, quotas, services, intellectual property, trade remedies, and standards.  The course will also examine the current threats to the trading system, including the demise of the WTO’s Appellate Body, and the implications of unilateral tariffs and the growing trade war between the United States and China. The course will conclude with an examination of the tensions between treaty obligations and trade liberalization goals with other values, such as those concerning climate change and the environment, economic development, workers’ welfare, and human rights.

2 Credits. Evaluation: Final take-home exam (8 hours) with a bonus of up to 25% for exemplary class participation.