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
Coordinated by Yuval Shany, Hebrew University of Jerusalem, Peter Byrne, Georgetown Law (Fall 2022 only) and Julie Cohen, Georgetown Law (Spring 2023 only)

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.

Core Course: Transnational Law: Introduction and Selected Issues (Fall 2022 only)
Yuval Shany, Hebrew University of Jerusalem

The course seeks to introduce CTLS students to the various forms of law 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.” These “other rules” might be rules of private international law, which seek to regulate persons or transaction situated or occurring, at least in part, beyond the state’s physical borders. They also include some non-state-based normative regimes of an a-national or de-territorialized nature such as investment protection schemes and social media community standards, and international regimes closely associated with domestic law, such as international human rights law and international criminal law. Through an examination of several case studies, the course aims to familiarize students with the principal forms of transnational law and the relations among them.

2 Credits, required. Evaluation: to be confirmed.

Core Course (Spring 2023 only)
Julie Cohen, Georgetown Law and Pascal Pichonnaz, University of Fribourg

Full title and course description to be confirmed.

2 Credits, required. Evaluation: to be confirmed.

Fall 2022 – Elective Courses

Students will receive an email when course requests open for the Fall 2022 semester.

Please see the Fall 2022 Class Schedule for weekly class timings.

Developing Countries in the World Trading System
Moshe Hirsch, Hebrew University of Jerusalem

The course focuses on several major topics regarding economic development and the position of developing countries in the contemporary World Trade Organization (WTO) law. The course would address the principal dimensions and measurement of “underdevelopment” (GDP, GNI and the Human Development Index), the major approaches to development (the modernization, dependency, developmental state, neo-liberal, neo-institutional, and geographical approaches). Following a brief discussion of the central principles of the General Agreement on Tariffs and Trade (including the MFN principle, tariffs, non-tariff barriers, national treatment and the general exceptions) special emphasis will be placed on the special position of developing countries in the WTO legal system. Thus, for instance, we will explore the particular position of developing countries with regard to tariffs (imposed on agricultural, textile and industrial productions) non-reciprocal trade preferences in favor of developing countries, import standards, and regional agreements between developing and developed countries (or among developing countries).

2 Credits. Evaluation: to be confirmed.

EU Law in Times of Crisis
Oana Stefan, King’s College London

This course looks at current challenges in European Union law: the response to the war in Ukraine, the pandemic, Brexit, and the rule of law backsliding. Grounded in crisis studies, it equips students with the legal tools to assess such challenges, while acquiring a deep understanding of the general principles of EU law. Students will understand how the policy instruments choice, based largely on non-legally binding material, might affect, from a democratic perspective, the EU response to the pandemic. The limits to EU competences will be assessed while looking at current landmark cases on the rule of law, and the ways in which the Commission and the EUCJ have been dealing with the Polish and the Hungarian rule of law violations. Students will learn how the EU flexed its security muscle during the Ukraine crisis and will discuss the tools available under EU law to treat situations of military conflict and humanitarian crises. Brexit is used to explore legal disintegration: the disentanglement of the EU and the UK legal orders, what does it mean for judges, administrators, and practitioners in the UK.

2 Credits. Evaluation: Class participation (10%), Group presentations (30%), Individual reflections on the moot court (maximum 800 words) (20%), Final essay on a given topic (40%).

International and Comparative Cultural Heritage Law
Peter Byrne, Georgetown Law

This course seeks to give students an introductory grounding in the law of cultural heritage protection, as well as in the policy debates that surround it. This law is inherently transnational, because cultures are shaped, shared, and commercialized across national borders. National heritage laws often treat regional and indigenous cultures as either within or without national cultures. International heritage regimes are dominated by states but have promoted the idea of “universal value,” as well as protecting regional and indigenous cultural expressions. The course examines briefly national legal regimes in a comparative perspective and considers in greater depth the chief international legal instruments and institutions. Field trips will encounter contested and celebrated cultural treasures.

2 Credits. Evaluation: to be confirmed.

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 6,000 words, not including footnotes.

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

International Commercial Litigation
Alberto Miglio, University of Torino

The course provides an overview of private international law rules on jurisdiction and the recognition and enforcement of judgments in the area of commercial litigation, comparing the European approach (the Brussels I Recast Regulation) with common law systems. It covers the following topics: 1) Jurisdiction. 2) Choice-of-court agreements. 3) Parallel proceedings and related actions. 4) Recognition and enforcement of judgments.

2 Credits. Evaluation: Attendance and class participation (20%), Research paper (4,000 words) and its presentation in class (80%).

International Criminal Law
Mark Kielsgard, City University of Hong Kong

Full course description to be confirmed.

2 Credits. Evalution: to be confirmed.

International Investment Law
Christophe Bondy, Steptoe and Johnson LLP

Full course description to be confirmed.

3 Credits. Evaluation: to be confirmed.

The European Union in the World: The Law of EU External Relations
Alberto Miglio, University of Torino

The course provides an overview of the legal aspects of EU external action. It addresses the following topics: competence; procedure; dispute settlement; the EU and international organizations; the interaction between EU law and international law; external relations and Common Foreign and Security Policy; the external effects of internal EU policies. Students are expected to work on first-hand sources (primarily the case law of the Court of Justice of the European Union) and are encouraged to draw comparisons between the law of EU external relations and the constitutional framework of international relations in national legal orders they are familiar with. At the end of the course, students will be expected to have a good understanding of the specificities of the EU as an international actor, to possess the methodological tools to understand the content of EU international agreements and external policies, and to critically understand judgments and opinions of the Court of Justice of the European Union.

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

The Transnational Dimensions of Financial Regulation
Christian Hofmann, National University of Singapore

The world of finance is transnational by nature. The efficient allocation of money is one of the most elementary principles of finance. To limit such allocations to the national level would deprive investors of opportunities and stifle development, productivity and innovation. With capital flows being transnational, financial institutions had to evolve to follow suit, making them present in multiple jurisdictions these days. Unsurprisingly, the financial regulation of transnational capital flows, activities of financial institutions, and trade of financial instruments comes with challenges. If rules are merely set and enforced on the national level, compliance with different rules in multiple jurisdictions becomes difficult and costly for regulated institutions; national supervisors struggle with their task of monitoring the global activities of supervised institutions. Motivated by concerns for global financial stability, remarkable progress has been made by financial centres around the globe. This has come in the form of strengthening the alignment of regulatory principles and collaboration amongst regulators, especially since the Global Financial Crisis of 2007-9.

This course examines the reasons for and details of transnational regulatory alignments, with a focus on banks as the most important and heavily regulated financial intermediaries. The operations of financial institutions, financial markets, and their supervisors in normal times will be contrasted with crisis measures. Due to its transnational focus, this course will emphasise on global principles more than national rules. Where necessary or helpful, references will be made to specific jurisdictions, especially from Europe and Asia.

2 Credits. Evaluation: Class participation and short presentations in class (30%), Final take-home exam (70%).

The Transnational Dimensions of Money and Central Banking
Christian Hofmann, National University of Singapore

The global financial crisis of 2007-9 led to many changes in the financial world. One of the most significant is the perception of central banks as not only guardians of monetary stability, but also guarantors of financial stability and emergency managers during crises. With inflation soaring worldwide, global supply chains seriously disrupted by the lingering pandemic and war in Europe, central banks are once again called upon to resolve a crisis of utmost complexity. At the same time, the traditional concept of money has come under pressure, especially its store of value and means of exchange components. This has been largely fuelled by punitive interest rates on deposits in parts of Europe and the rising popularity of cryptocurrencies, stablecoins, and other digital tokens.

This course provides a solid understanding of the role of central banks, their monetary policy operations and legal frameworks that draw limits to their activities. It also examines the transnational effects of monetary policy operations that reach far beyond the borders of a central bank’s jurisdiction. The course also highlights shared principles (as well as differences) of how central banks execute their assigned tasks and pursue their objectives in different parts of the world, especially in the US, Euro-area, other parts of Europe, and Asia. This includes discussions on the concept of money and the process of its creation, the changes to the understanding of money over time, the current surge of new concepts of monetary value, and the reactions of central banks thereto, especially the concept of central bank digital currency.

2 Credits. Evaluation: Class participation and short presentations in class (30%), Final take-home exam (70%).