Course Offerings 2019-2020 (Fall)

Comparative Constitutional Law Seminar

Professor Yvonne Tew

J.D. Course LAWG  091 (cross-listed) | 3 credit hours

How are constitutions designed? What is an authoritarian constitution? How are constitutional created through revolution? What influences constitutional transitions? Is there such a thing as an unconstitutional constitutional amendment? Why should we have judicial review? What interpretive methods do judges use? Are courts good protectors of the constitutional rights?

Comparative constitutional law has expanded exponentially as a feature of contemporary constitutional practice and as a field of study. Events around the world—from the Middle East to Asia, from Europe to Latin America—highlight the issues of constitutional design and constitutional rights at stake. This course explores constitutional systems in comparative contexts, focusing on issues of constitutional structure and rights adjudication across different constitutional systems. We will explore fundamental questions on constitutional design, constitutional change, constitutional transitions, judicial review, and the role of courts and constitutional interpretation. Drawing on examples from diverse constitutional cultures, we will also examine approaches to individual rights—such as religious freedom and freedom of expression—in a global perspective.

Law and Foreign Investment in China

Professor Lucille Barale

LL.M Course LAWG 852 (cross-listed) | 2 credit hours

The course will examine the major Chinese laws that apply to foreign invested projects in China and related cross-border transactions. We will begin with an overview of China’s policy priorities for foreign investment and the foreign investment approval process, focusing on the sources of law and regulation relevant when planning entry into the China Market. We will then consider the options for structuring a foreign investment in light of the Sino-foreign Equity joint Venture Law, the Cooperative Joint Venture Law, the Law of Wholly Foreign-owned Enterprises, and the amended Company Law. We will also study the requirements for foreign acquisitions of existing Chinese enterprises under China’s M & A rules. The preparation of the project application report or feasibility study is also a key part of the foreign investment approval process, involving a number of important laws and regulations. We will study how China’s environmental laws, rules and regulations on foreign exchange, financing and security, land use laws and labor laws must also be considered when forming a venture in China. Foreign investment projects in China typically involve cross-border arrangements that are crucial to the foreign investor’s goals, especially technology licensing and trademark licensing. In this context, we will study the PRC contract law, and the challenges encountered in the protection of intellectual property. Finally, we will look at the issues involved in exiting an investment in China, whether by disposal or termination, and dispute resolution. We will work primarily with English translations of PRC law, with some secondary sources. No knowledge of Chinese language is required.

Negotiating a Joint Venture in China

Professor Nestor Gounaris

J.D. Seminar LAWJ 1207 | 1 credit hour

Through a simulation oriented course, students will be exposed to recent economic history of the People’s Republic of China, foreign direct investment law of China, and negotiating norms of US and Chinese investors. These various knowledge sets will be brought together as each participant takes on the role of either a Chinese investor or a US investor, negotiating the terms of a China-based joint venture and ultimately reporting back to their respective board of directors. In addition to the negotiations exercises, the course requires a brief quality-driven paper on any number of topics relating to China as an economic actor on the world stage.

Course Offerings 2019-2020 (Spring)

China and International Law

Professor Thomas E. Kellogg

J.D. Seminar LAW 1529 v00 (cross-listed) | 2-3 credit hours

Over the past forty years, China has gone from one of the most isolated countries in the world to a major player in international affairs, a leading exporter, and a much more influential voice on regional security matters. Yet even with the rapid economic growth and increased influence that China has achieved over the past several decades, it maintains an ambivalent attitude towards many key aspects of international law and the architecture of global order. This class will explore China’s ambivalent engagement with international law in the context of its increasing prominence as an emerging power, and will in particular look to address the question of how China might adapt to the existing world order, and the ways in which it might look to influence its evolution. The class will cover a range of issues, including China’s membership in the WTO; its engagement with the international human rights regime; China’s approach to international cooperation on issues like global warming and nuclear non-proliferation; and international law aspects of the dispute over the South China Sea; among others.

International Arbitration in Asia

Professor Joongi Kim

LL.M Course LAWG 3019 (cross-listed) | 1 credit hour

This course will examine how international disputes are resolved through arbitration in Asia. With the expansion of trade and investment, integration of global markets and the increasing complexity of transactions, international disputes inevitably arise. International arbitration has become the preferred means in Asia by which to resolve cross-border disputes, providing a critical pillar to the stability of international business and financial architecture. The emergence of Singapore, Hong Kong, Seoul and Beijing, among others, as hubs for arbitration offers alternatives to traditional centers such as London, Paris, Geneva or New York. With innovative arbitral institutions such as the Singapore International Arbitration Centre, Hong Kong International Arbitration Centre, China International Trade and Economic Arbitration Commission and Korean Commercial Arbitration Board, a wealth of case law and a mixture of common and civil law jurisdictions, an understanding of the commercial and investment arbitration practice in Asia should help practitioners and students interested in arbitration and Asia.

Prerequisite: International Arbitration or International Commercial Arbitration or Introduction to International Commercial Arbitration