Note: For the Spring section: FIRST CLASS ATTENDANCE IS MANDATORY.  Enrolled students must be in attendance at the start of the first class session in order to remain enrolled. 3. We will use this factual setting to frame class participation and in-class exercises and projects, with the goal of sharpening critical thinking, tackling complex legal questions in concrete factual settings, and honing advocacy skills. LAW 780 v01 U.S. and International Customs Law. Rather, the focus is on developing the student’s practical lawyering skills such that he or she is able to effectively communicate with parties from all sides of a cross-border business transaction and to recognize and overcome the principle cultural, linguistic, and other barriers to cross-cultural communication. Note: This section is for foreign-educated LL.M.s only. Study of this form of arbitration provides insight into the evolving shape of customary international law, the conflict between capital-importing and capital-exporting states, and the status of individuals in the international legal order. Section 10 will have in-class negotiation exercises and drafting exercises with the assumption they represent designated parties to a transaction.Â. In the ensuing decade and a half, prosecutions of corporations for foreign bribery have become perhaps the most important prosecutorial priority for the Department of Justice (“DOJ”) and Securities & Exchange Commission (“SEC”) and certainly the most financially lucrative U.S. prosecution initiative. A number of broad themes will be developed to help unravel the complexity of global regulation: Recommended: Students may want to familiarize themselves with basic principles of international economic law and areas of international regulation such as international trade, investment and financial regulation. The emerging and growing movement of shareholder advocacy is leading the way across industries and pushing the way through different strategies for more corporate engagements that drive responsible business conduct and standard-setting activities that push for robust business, human rights and sustainability policies embedded as part of corporate operations across systems and functions. degree in International Business and Economic Law (IBEL) is a flexible degree program designed for students interested in cross-border business activities and the regulatory regimes, national and international, that apply to them. Students will be required to satisfy the WR requirement including (1) selection of a paper topic approved by the professor, (2) submission of an outline, followed by feedback from the professor, (3) submission of a draft paper of at least 6,000 words exclusive of footnotes, followed by feedback from the professor, and (4) submission of a final paper of at least 6,000 words exclusive of footnotes, incorporating the professor’s suggested revisions. Students will evaluate arbitration's effectiveness in a series of recent high-profile cases. We will explore these issues through fact-based, real-world scenarios drawn, in large part, from the “Bonny Island” case, which involved a scheme by four international corporations to bribe three successive Nigerian presidents (as well as a constellation of lower-ranking officials) to secure multi-billion dollar contracts for the construction of an LNG facility in Nigeria. Substantial attention is given to mortgages/deeds of trust, indentures and other security devices, priority rights between lenders and occupancy tenants, pre-foreclosure enforcement rights, post-foreclosure redemption and deficiency limitations, prepayment and defeasance, leasing as a method of financing, alternatives such as joint ventures, mezzanine loans and preferred equity, and creditor’s rights. Sales and Leases is an advanced course in contracts that builds upon the basic first-year offering and focuses on the planning and regulation of sales and lease transactions under Articles 2 and 2A of the Uniform Commercial Code. In order to provide a basis for understanding cases related to liability for breach of fiduciary duty, students will be exposed to the procedural aspects of derivative suit litigation. The principle objectives of the course are to teach students how to communicate clearly, concisely, and appropriately in a business-law setting, and how to apply and adapt these skills to situations involving international, cross-cultural, and even multinational business transactions. Their activities -- from sourcing of raw materials, to processing and production of intermediate or finished goods, to distribution and sale -- have major consequences not only for the human rights of their employees but also for the rights of the individuals and communities impacted by their operations. The resolution of actual or potential conflicts between various specialized international regimes, as well as between such regimes and domestic legal regimes, has become of increasing practical importance. Students in Georgetown College may major, major with a minor, double major, double major with a minor, or major in one field with two minors. Governments throughout the United States and globally are faced with acute demands for new or renewed infrastructure (e.g., highways, railways, courthouses, ports, bridges), but frequently the means and specialized expertise necessary to undertake and operate these critical facilities are deficient. courses, International Business Transactions or International Economic Law. This four-credit survey course analyzes the major legal issues in international business, trade, and investment activity in both the private and public sectors. With a variety of exceptional programs from the Oxford Honors Program and Science Honors to Equine Scholars and Pre-Law, Georgetown College is where students become scholars, dreams become accomplishments on a resume, … Topics studied may include stock trading by corporate insiders, transactions in corporation control, the procedural problems in stockholder derivative suits, and judicial disregard of the corporate form. There will be several short graded assignments throughout the course and a three-hour, open book, take-home examination at the end of the course. Finally, the course will assess the merits of proposals to establish an International Court on Corruption. In 1995, the World Trade Organization was created to “to develop an integrated, more viable and durable multilateral trading system.” It was a major step forward in formalizing the rules and procedures around the global trading system of the late 20th Century and globalization, which at the time was dominated by large multinational corporations moving large shipments of products across international borders. Spring classes will be a combination of student presentations, and specific topics presented by invited experts. Class discussions be centered on problem sets that deal with these topics. Knowledge of bankruptcy law will be valuable in a range of legal practice settings, both in representing low-income consumers as well as in transactional work on behalf of corporate clients. the arbitral award - drafting of awards, enforcement and setting aside of awards, the 1958 New York Convention on the Recognition and Enforcement of Awards. The department’s graduate program in international relations prepares students for successful careers by introducing them to cutting-edge research across the field and training them to be productive and professional scholars. Students will learn to negotiate by studying the negotiation theory, concepts and principles, and by participating in simulations and exercises from a variety of practice areas. Students are exposed to a range of materials, including cases, treaties, executive agreements, and regulations, with a view towards imparting practical skills that can be applied to any field of law. Transnational investigations have become a staple of these prosecutions. This course focuses on four important areas of concern for the securities lawyer: offerings conducted over the Internet, including via more opaque SPAC vehicles, and the impact of the 2012 JOBS Act; trading facilities and market centers operating over the Internet and the increasingly dark market; giving investment advice over the Internet and the importance of social media; and SEC Enforcement issues and the Internet. This survey course introduces students to the traditional mechanisms used to resolve cross-border commercial disputes—international litigation and international arbitration—from the perspective of a practitioner. Waitlisted students must be in attendance at the start of the first class session in order to remain eligible to be admitted off the waitlist. Readings will be drawn from a variety of viewpoints and sources – law review articles, white papers, academic journals, newspapers and magazines, and excerpts from books – and will cut across trade and economic law, inclusive economic development, and business.  In addition to the readings assigned for each session, optional background readings will be included for students wishing to explore a topic in greater depth (additional background reading is recommended for students who have not taken a trade law course).  The readings will highlight different aspects of the legal and regulatory environment in the context of encouraging sustainable development globally and at the grassroots level. Students will study various practices that are typical in arbitration and that can give rise to particular difficulties when the parties, counsel and/or arbitrators come from different legal traditions. At the same time, the course should help students to gain a better understanding of the WTO Agreement, how that Agreement interacts with the national law and policy of the United States and other WTO Members, and the role that WTO dispute settlement can play in that interaction.  Â, Prerequisite: An introductory course in International Trade Law and/or WTO Law is highly recommended.Â, LAW 1218 v00 Trade, Money, and Trust: The Law and Policy of Globalization Seminar. In addition, introductory sessions by Mentors will be held to provide substantive background to the respective topics, as well as sessions to improve research and legal writing skills. The course begins with an introduction to International Energy Arbitration, followed by discussion of the International Energy Industry, its sources, segments, and players. At the same time, students will gain familiarity with some of the leading substantive issues in WTO law, principally in the Rules area. Provides an introduction to the study of comparative tax law. It covers choice of entity, including the attributes of partnerships, limited liability companies, and corporations; the process of forming different types of entity; and the nature and limitations of limited liability associated with corporations and limited liability companies. Because trade remedies are a global phenomenon, it will then examine and compare the trade remedy regimes of major users around the world, before zooming in on the specifics of US practice. Waitlisted students must be in attendance at the start of the first class session in order to remain eligible to be admitted off the waitlist. In addition to addressing the substance of foreign and international laws and conventions, we will explore the critical issues that arise from the growing trend in trans-national investigations and prosecutions, including double jeopardy, res judicata, and international data collection. Jeffersonville, IN (47130) Today. We will begin by considering, as a normative matter, what a state’s responsibility toward private property should be and then review the legal principles espoused by the United States and other Western countries at the beginning of the last century, when there were few independent countries interested in challenging these views. This will use current examples on failures in organizations and discuss how an ethics and compliance program could have prevented or minimized the conduct. The financing concepts covered include the basic elements and techniques of financing, the lender-borrower relationship, and the role of capital markets in financing of commercial real property and other assets. The concept of “national security” in U.S. legal doctrine and regimes is hardly new, but the impact of national security law on the private sector has expanded dynamically since September 11, 2001. Note: The 3-credit section of this course meets the "Category 1" requirement for the WTO certificate program. During the Spring semester, the Colloquium will meet on a weekly basis as a class. It will also assess challenges associated with regulatory capacity and the uneven implementation of laws in practice. Mutually Excluded Courses: Students may not receive credit for both this course and International Economic Law or International Law II or International Trade and the WTO or International Trade Law or World Trade Organization: Law, Policy and Dispute Settlement; or the graduate course, International Trade Law and Regulation. students (i.e., those students who do not have a U.S. J.D. The goals of this course are (i) to introduce students to transactional law and practice, (ii) to provide negotiations training and experience in the context of international transactional practice, and (iii) to develop legal-practice skills. Stakeholders are asking companies to integrate ongoing due diligence processes that address materiality concerns when it comes to managing supply chains and making sure they are free of child labor, modern slavery and human trafficking. Customs authorities are the guardians of national borders. This course will meet for one week only on the following days: Monday, January 11, 2021 through Thursday, January 14, 2021, 9:00 a.m. - 12:20 p.m. The course will have a take-home exam that must be completed during the week of Friday, January 15th through Friday, January 22nd, 2021. Among other luminaries, former U.S. President William Howard Taft was a professor of constitutional law there from 1913 until he resigned to become Chief Justice of the United States in 1921. Rather than learning corporate legal doctrine in a vacuum, this course teaches students to identify and resolve, through the lens of entrepreneurs and the attorneys that represent them, the common issues confronted by companies over the course of a typical business life cycle - from launch to exit. Note: This course requires a paper. The analysis and discussions in class will be based on treaty text, jurisprudence and the practical, hands-on experience of the professors. International investment law is comprised of over 2500 BITs, which govern the acceptance and treatment of foreign investment. Students will participate in a two hour/week seminar (during some weeks, the seminar meets twice, other weeks, the seminar does not meet and only team meetings take place) and carry out 10 hours/week of project work under the direction of the course professors. The primary objective of this course is to give students an understanding of and appreciation for the primary and critical steps in the lifecycle of a start-up, from inception to raising capital to scaling/business execution to exit.Â, The course takes a real-world approach to learning, leveraging heavily off the extensive experience of the Professor, who has successfully executed two entrepreneurial ventures, as well as guest speakers with particular expertise in certain topics covered by the course and a simulation group exercise involving a real-life start-up scenario.  This perspective should help prepare students for the real-life challenges – and rewards – of engaging in entrepreneurship and business building.  This course is aimed at law students who are interested in participating in an entrepreneurial venture at some point in their career, whether in a business or legal role (i.e., as internal or external advisor). Â. The course is designed to equip students with a basic primer of topics relevant to a range of business law courses. Topics will include the international sale of goods (including letters of credit), international contract issues, cross-border financings (including letters of credit and bank financings), and international investments. Increasingly, international lawyers, economists and government officials must be familiar with regional trade agreement rules, such as those in NAFTA, as well as those emanating from the WTO in Geneva. Course requirements include participation in a simulated international project loan negotiation with outside experts serving as clients. The variety of source material will expose students to the public policy issues that underlie the decision to issue such insurance and the consequences of doing so. 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. Students who wish to fulfill the course requirements for New York Bar eligibility can do so while pursuing the IBEL degree. Asia Pacific, Transatlantic) at the multilateral, regional and national level and how they are affecting trade integration in the Americas and beyond. Among the topics examined are (1) the legal and practical advantages and disadvantages of litigation and arbitration, (2) key elements of international arbitration agreements (including the negotiation of those agreements), (3) key principles regarding the enforcement of international arbitral awards, (4) key treaties for international arbitration and international litigation, (5) principles and tactics involved in litigating and arbitrating against sovereigns, (6) the jurisdiction of US courts over foreign defendants in cross-border cases, (7) unique features of civil and common law courts in the resolution of international commercial disputes, and (8) the practice and strategic use of parallel international litigation and arbitration proceedings. Recommended: Prior or concurrent enrollment in Corporations, Federal Income Taxation (formerly Taxation I) and Corporate Taxation (formerly Taxation II), Taxation of Partnerships. students must register for the three-credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. Our campus is an oasis of learning in the heart of a vibrant American city, just steps from the U.S. Capitol and Supreme Court. Students must complete a 2 or 3 credit paper and weekly assignments on the topic for the week. course, International Project Finance; or International Project Finance and Investment and Project Development and Finance. Textbook: The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia Pacific (Hart), Prerequisite: International Arbitration or International Commercial Arbitration or Introduction to International Commercial Arbitration, LAW 914 v00 International Banking in the United States. Recommended: National Business Law, National Security Regulation, National Security Law and the Private Sector, LAW 1298 v00 Global Anti-Corruption Seminar. The course is based on four major themes and aims to teach students to analyze issues in light of each theme: (i) allocation of risk, (ii) non-recourse or limited recourse arrangements, (iii) effective contract structures, and (iv) financeability. The course also includes contributions by practitioners in the field. A little more than 20-years later, the Organisation for Economic Co-operation and Development (“OECD”) adopted its Convention on Combatting Bribery of Foreign Public Officials, and as required by the Convention, the countries of Western Europe promptly adopted organic statutes modeled, in large measure, on the FCPA. Segments on contract stabilization and choice of law come next. They will learn how the relevant legal frameworks have interacted with this evolution to shape creditor incentives, with a focus on regulatory design, contractual provisions and litigation strategies. (a) The preparation of materials to help lead a particular class discussion. It will meet once a week for two hours. non-EU – typically: a US – entrepreneur. No exceptions.Â, LAW 1529 v00 China and International Law. It has done so highlighting the vulnerabilities and opportunities in the relationship between business, governments and society across the globe. Prerequisite: for J.D. apply that learning to advise clients and counterparties on complying with those responsibilities or, when the nature of those responsibilities are uncertain, how to manage the arbitral process in light of those uncertainties. Over the semester, we will examine courts and tribunals with general jurisdiction (e.g., the International Court of Justice); courts and tribunals with specialized jurisdiction (e.g., the International Criminal Court, WTO, human rights tribunals, and investor-State tribunals); and claims tribunals and commissions (e.g., the Iran-United States Claims Tribunal and the United Nations Compensation Commission). In light of market realities, we will also consider conventional Western equivalents to certain shari’ah-compliant financial structures. This fee is posted to your student account in August (for Fall courses) or December (for Spring courses), or as soon as you are enrolled in the course, whichever is later. This course examines aspects of national and international law that govern cross-border capital movements. Yet, today, economic globalization is under attack. While arbitration is most often thought of as an alternative to litigation in national courts, arbitration between sovereign states developed as an alternative to war. Note: WEEK ONE COURSE. Particular attention will be focused on developing strong oral and written advocacy and presentation skills through issue spotting exercises/mock agency hearings and the final writing assignment. How can trade liberalization go hand in hand with pursuing public policy goals such as protecting the environment or labour standards ("non-trade concerns"), job creation or promoting the economic development of poor countries? LAW 820 v01 International Protection of Intellectual Property Through the WTO. Describe the basic considerations and timing implications of litigating a merger antitrust case, the standards for granting preliminary and permanent injunctive relief, what the government and the merging parties each must show to prevail, and the allocation of the burden of proof (both persuasion and going forward) between the two sides, and the strategic and tactical implications of these factors to the prosecution and defense of a merger antitrust case in court. Awareness of the role that assumptions, differences (e.g., culture, gender) and psychology play in shaping negotiation/conflict dynamics. During the semester we will also have insolvency practitioners as guest speakers. Moreover, through an in-depth analysis of a number of systemic financial crisis, students will gain an appreciation of the competing considerations - and constraints - faced by policy makers in a crisis context. The Workshop is intensive (9:00 a.m. - 4:30 p.m. for six sessions spread over two weekends). in International Business and Economic Law, LL.M. Mutually Excluded Courses: Students may not receive credit for both this course and International Commercial Arbitration, Introduction to International Commercial Arbitration, International Arbitration, or the J.D. Consider specific case studies, as well as sample transaction documents, to better understand the issues that arise in a typical international project financing. Please address any questions about admissions the Office of Graduate Admissions. The simulations are designed to familiarize students with the negotiating and mediation processes, sensitize them to their own negotiating behaviors, teach them how to use a mediator in aid of their negotiations, and raise a number of ethical and practical questions. The traditional topics of corporations - structuring financial risks and rewards, fiduciary duties, regulatory compliance, and changes in control - are placed within a semester–long hypothetical in which entrepreneurs confront real life legal and business issues. Introduction to business and human rights landscape, including legal and policy developments, particularly the UN Guiding Principles on Business and Human Rights. The analysis and discussions in class will be based on treaty text, jurisprudence and the practical, hands-on experience of the professors. Students will apply their legal and non-legal knowledge in the role of lawyers negotiating an international business transaction, within the controlled environment of the classroom. Do crises lead to sustainable and effective regulatory regimes? the theoretical perspectives underlying the international law of investment and the concept of police powers (particularly the power to protect health); the different types of legal tests used to determine the regulatory legitimacy of a measure as well as the impact of varying standards of proof on analysis of this type; rules governing expropriation of property rights and the circumstances in which health and environmental health measures might be considered equivalent to expropriation; rules governing fair and equitable treatment as used in determining the legitimacy of domestic regulatory measures; rules governing non-discrimination and their potential impact on domestic health measures that are non-discriminatory in form; rules governing arbitrary or discriminatory measures; and. We will also study the requirements for foreign acquisitions of existing Chinese enterprises under China's M & A rules. The course will be taught jointly by Robert C. O'Sullivan, formerly Associate General Counsel for Insurance and Claims at the Overseas Private Investment Corporation (OPIC), and Kenneth W. Hansen, a partner at the law firm of Norton Rose Fulbright and formerly General Counsel of the Export-Import Bank of the United States and Associate General Counsel at OPIC. Note: FIRST CLASS ATTENDANCE IS MANDATORY.  Enrolled students must be in attendance at the start of the first class session in order to remain enrolled. The Schwarzman Scholars program prides itself on its reputation for finding and nurturing students of demonstrated academic excellence from different countries, cultures and socioeconomic backgrounds. This course is intended to be the first comparative survey into the regulatory frameworks of certain key countries, both developed and developing markets, along with international institutions, such as the World Health Organization, involved in promoting the access and development of safe, effective and quality medical products. LAW 402 v00 Small Business Law and Entrepreneurship Seminar. course, International Negotiations Seminar. The course also reviews the relevant economic, policy and legal aspects of the international trading system. The course will offer an in-depth, practical knowledge of substantive WTO law drawing heavily on case law from dispute settlement practice. Career Exploration & Professional Development. What have been the effects of the so-called “constitutionalization” of arbitration? A sharp increase of renewable energy participation will require much more mineral extraction than today, activity which itself brings new challenges. In particular, it offers a multi-faceted view of the legal, economic, policy and technological underpinnings of global ICT. Located at the intersection of business, … Brief coverage is given to factors bearing on choice of organization, including partnership attributes, process of corporate formation, corporate privileges and powers, corporate capital structure, and limited liability. Public attention has focused on the Transatlantic Trade and Investment Partnership, NAFTA, and the Trans-Pacific Partnership Agreement. The course examines the WTO as an institution and as the base system of rules governing international trade. This course encompasses most aspects of air transportation, including airport and air traffic control liability, air carrier liability in the carriage of passengers and cargo domestically as well as internationally under the Montreal Convention and economic and safety regulation of domestic and international air transportation. It will provide a general overview of the subject, and subsequently focus on issues including the agreement to arbitrate, the constitution and duties of the arbitral tribunal, the conduct of the proceedings and the arbitral award. International trade rules and practice reflect a complex mix of law, politics and policies. Georgetown University’s Master of Professional Studies in Applied Intelligence prepares you to navigate today’s increasingly complex and data-driven intelligence landscape.
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