Columbia's curriculum in international, foreign, and comparative subjects presents by far the richest array of such offerings at any law school in the United States.  To meet the challengs of an increasingly integrated world, new courses are constantly developed to prepare students for international legal practice and research.  Recent additionals include Global Governance and Regulation; WTO Law; and Law and Capitalism.  As of the academic year 2005/06, Columbia Law School began offering a first year elective entitled "Lawyering in Multiple Legal Orders."  This new course uses materials students encouter in their first year of law school to demontrate how legal solutions might change once they are governed or affected by regional or foreign law or international legal regimes, such as WTO agreements or NAFTA. 

Upperclass students can choose from dozens of offerings, which we have groupled below under the following headings: (1) public international law (and other public law relevant to foreign relations); (2) private international law (transnational practice); and (3) comparative law.  These categories are by no means watertight and some courses span more than one of them. 

1.  Public International Law: The body of law known as public international law includes the law made by states to govern relations between states and also the law governing relations between states and international or supranational organizations.  It is recommended that the foundation course International Law be taken in the second year for JD students, or the fall semester for LLM students.  Other public law courses concern relations between states and individuals, international organizations and the constitutional dimensions fo foreign affairs.  These include Constitution and Foreign Affairs, Human Rights and Immigration Law and Aliens' Rights, Jurisprudence of War and International Criminal Law.

2.  Private International Law: Future practitioners of law in a transational context have an ample selection of offerings addressing the planning and execution of transactions in international business, as well as the resolution of disuptes arising out of such transactions.  Among the available offerings are Comparative Antitrust Law, International Business Transactions, International Commercial Arbitration, Transnational Litigation and Arbitration, U.S. Taxation of International Transactions, International Securities Law and related advanced seminars.

Several courses stand at the intersection of public and private law, such as those concerning the interstate framework for the conduct of both public and private economic activity.  Among these are European Union Law and International Economic Law, including the law of the WTO or NAFTA.  Seminars taking up advanced problems in public international law, or at the intersection of public and private international law, include Enforcing International Law, International Environmental Law, International Labor Law, Legal Aspects of China's International Relationships, and Private International Law (transnational practice).

3.  Comparative and Foreign Law: The most general introduction to comparative law (apart from the new first-year elective) is the Comparative Law course, which introduces students to the major distinct features of the civil law systems in Europe and Latin America.  Available also are a wide range of courses in the law of specific countries and/or regions, including (but not limited to) Europe (European Union and Russia/Eastern Europe), China, Japan, and Latin America.  Related offerings include American Indian Law and Islamic Law.  The curriculum also contains courses offering a comparative view of regular curricular subjects, such as comparative constitutional law, comparative intellectual property law and comparative corporate governance.  Finally, students may explore inter-disciplinary approaches to the study of comparative legal systems, such as Anthropology of Law, of comparative institutional analysis as employed in Law and Capitalism and Globalization in Comparative Perspective -- Foreign Investment in Emerging Economies.

Students desiring to focus their program and eventual practice on a particular country or region are urged to acquire facility in the relevant language(s) (including some specifically tailored to law students, such as Spanish for lawyers) and to take advantage of the numerous courses offered at the University to study the history, culture, politics and economics of the region in question.  Students may also avail themselves of several double degree programs (in the UK and France) as well as the numerous semester abroad and student exchange programs Columbia Law School maintains with universities around the world, including Europe, Latin America, South Africa and Asia.  Other student opportunities in international and comparative law include moot court competitions on different topics and in different places (i.e., Vienna on the U.N. Sales Convention; San Jose, Costa Rica, on the American Human Rights Convention); term time externships (i.e., at the U.N.); summer internships in human rights; human rights clinics; independent study under the supervision fo faculty specializing in international and comparative law; a variety of student-run journals in international, transhational and comparative law; and clerkships post-graduation at major international arbitration tribunals and international organizations.

Major Topics:
1. African legal systems: customary law and foreign law -common law, civil law, Roman-Dutch law - origins, definition and nature of applicable laws: reception of foreign law clauses, issues of integration and conflict of laws rules;
2. Major topics in customary law: a) rights issues in law of marriage, inheritance and succession; (b) quest for justice and reconciliation in conflict resolution - Gacaca Jurisdictions in Rwanda, truth and reconciliation commissions in South Africa and Sierra Leone and traditional healing rituals in Uganda; (c) land tenure and administration - concepts, nature, and modes of land holding, management and dispute resolution, land administration and agrarian reforms.
3. Law and development: Regional economic, trade institutions - African Union and its organs, the New Partnership for African Development (NEPAD), COMESA, ECOWAS, SADC and EAC; international financial institutions and their role in fight against poverty, disease and malnutrition; the Millennium Development Goals.
4. Constitutionalism in Africa: evolution of African constitutions: constitutional legality and the scourge of the coup d'etat and human rights.

L6222 COMPARATIVE LAW (3 pts)
A. Garro
*Not open to students with law degrees from civil law countries
This course provides a comparative perspective on the legal traditions of the civil law for students schooled in the common law tradition. While concentrating on seminal civil law jurisdictions such as France and Germany, this course also focuses on the civil law tradition in some developing countries of Latin America such as Argentina, Brazil, and Mexico.

Readings on the institutions and doctrines of the civil law will be complemented with materials on the most significant social, economic, and political factors that shape the legal traditions within various civil law countries, especially continental Europe and Latin America.

After a brief introduction to the practical applications of the comparative method as applied to domestic problems and international transactions, the course will trace the historical development of the Civil Law, including the influences of Roman law and the codification movement in Continental Europe, Japan, and Latin America. The course will then examine the main institutions of the civil law tradition, focusing primarily on the legal professions and the judicial process.

The course will then examine selected legal problems taken from various areas, such as torts, contracts, and constitutional law, with comparisons to American law throughout. Attention also may be given to particular aspects of civil and criminal procedure.
This course is aimed at introducing American law students to some basic problems and techniques of comparative law that may be taken up later in more detail in other comparative law courses.

L6548 COMPARATIVE TRADEMARK AND UNFAIR COMPETITION LAW (4 pts)
(see Intellectual Property)

L6600 ENGLISH LEGAL HISTORY (3 pts)
(see History and Philosophy of Law)

L6249 EUROPEAN UNION LAW AND INSTITUTIONS (3 pts)
G. Bermann
This course provides an introduction to the legal institutions and law of the European Community. Its most immediate and concrete goal is to acquaint students with the development and current status of the legal institutions of the EC, set in the overall context of policy objectives of the Community and the member states. The institutional part of the course focuses on three sets of problems, which, taken together, are peculiar to the development of regional legal orders such as the EC: first, the problem of establishing a supranational legal framework for highly-developed national legal systems; second, the problem of integrating Community policy with national policy and assuring its implementation by the member states; and third, the problem of harmonization among national legal norms and institutions.

While not a course on doing business in the EC, this course deals in a substantive part with the free movement of workers and goods, freedom of establishment and services, products liability, external relations, EC trade and commercial policy, environmental protection, and other policy areas. This course is sponsored by the Parker School of Foreign and Comparative Law.

This course is scheduled and organized to complement the course L6910 European Business Organization Law (Prof. Pistor), which is being offered on the same days during the same semester. Readings for both courses will come largely from the same set of course books. Neither course is a prerequisite or a co-requisite for the other, but they will be mutually complementary.

L6546 GLOBAL CONSTITUTIONALISM (3 pts)
M. Doyle
The course compares a variety of proposals that have been advanced to promote world order. We begin with traditional conceptions of the balance of power among independent states and then explore arrangements designed to produce increasing forms of international and world order. These include liberal internationalism, collective security through the League Covenant and the United Nations Charter, Clark and Sohn's World Peace Through World Law, John Rawls's Law of Peoples and various other contemporary models of global governance networks and global democratization.

In addition to assessing the particular merits and limitations of these visions of world order, we will examine the underlying principles of international ethics and institutional design that characterize these efforts to establish rules for the globe.

L6545 GLOBALIZATION IN COMPARATIVE PERSPECTIVE: FOREIGN INVESTMENT IN EMERGING ECONOMIES (3 pts)
T. Lothian, K. Pistor
Globalization is commonly understood as the free flow of goods, capital, and services across boarders and the international integration of markets. But for the practicing lawyer and policymaker, globalization raises a series of discrete legal institutional questions. For the practicing lawyer knowledge and evaluation of the regulatory environment and the quality of the legal system are crucial for advising clients in complex transactions. Policy makers and advisors are confronted with questions concerning whether and under what conditions capital flows (inwards or outwards) should be liberalized, and whether local institutions should be modified or transformed to structure, support and coordinate the interests of foreign and local parties.

This course will address these institutional and legal challenges through the lens of a series of case studies of how international players (mostly international banking institutions) have entered emerging markets (China, Brazil, India, Russia and Mexico, among others) and how pre-existing institutions have influenced the strategies pursued and success or failure of their investment projects. Students will work in teams analyzing the diverse legal and institutional settings confronted by these international players as they entered the emerging markets. Students will be asked to consider both the perspective of the global players and the perspective of policy makers in the host countries of foreign investment projects.

The course should be of interest to students planning a career in international business transactions and international finance, as well as for students wishing to pursue policy work in economic development, and law and development.

L6428 INTERNATIONAL AND COMPARATIVE CRIMINAL LAW (3 pts)
(see Criminal Law)

L9061 INTERNATIONAL COMMERCIAL ARBITRATION (3 pts)
(see Commercial Law and Advanced Contract Law)

L6040 INTERNATIONAL ENVIRONMENTAL LAW (2 pts)
(see Environmental Law)

L6382 INTERNATIONAL FINANCE: LAW, MONEY & BANKING IN A GLOBAL ECONOMY (2 pts)
T. Lothian
This course is an introduction to the international financial system, its key legal and institutional arrangements, and the kinds of financial markets, intermediaries and instruments that characterize contemporary global financial practice. The course combines institutional and transactional analysis. It examines both the building blocks of the global financial system and the variety of financial instruments and alternatives available to participants in this system.

The course is divided into four parts. Parts I and II consider the distinctive character of the contemporary global financial system and the key legal and regulatory building blocks that comprise this system. Special emphasis will be placed on the role of the IMF, the World Bank, and the BIS in the coordination and integration of global financial markets; the role of national financial regulators and central banks in the monitoring and supervision of national markets; and on the evolving framework of international standards and rules governing capital adequacy, financial disclosure, and domestic and international financial risk-taking.

Part III considers a series of recent transactions involving key areas of global finance: global bonds, global banking, and offshore funds and portfolio investment. We consider some of the key legal and institutional challenges facing parties to these transactions, the structuring alternatives available to market players and policy makers, and some of the consequences of these alternatives for the parties and countries involved.

Part IV considers the contemporary debate over global financial governance and proposals to reform the global financial system.

There are no formal prerequisites for the course. However, prior enrollment in a basic course on corporations, international transactions, financial institutions or securities regulation is recommended.

The course should be of interest to students planning a career in international legal or financial transactions, as well as for students interested in pursuing policy work in international finance or economic development.

L8032 INTERNATIONAL FINANCIAL TRANSACTIONS (3 pts)
(see Corporate and Securities Law)

L6751 INTERNATIONAL HUMAN RIGHTS LAW, POLITICS AND RELEVANCE (3 pts)
(see Human Rights Law)

L6269 INTERNATIONAL LAW (3 pts)
J. Alvarez, L. Damrosch
This course presents the basic materials of international law, but a major purpose is the analysis of an international law in evolution in a rapidly changing international society. The course is concerned with the reality of international law in international affairs, and with the changes in international law that have occurred through the United Nations, the accession of many developing countries to the family of nations, the extension of international law to economic development and human rights, and, most recently, the end of the Cold War and the consequent changes in the structure of international society. In these and other matters, attention is given to problems faced by practitioners and governments and to practical ways of dealing with disputes.

The course explores in particular the nature and sources of international law, the application of international law in domestic courts, the recognition of states and governments, territorial disputes, the law of the sea, jurisdiction, state responsibility for the treatment of aliens and foreign investment, the law of treaties, human rights, the peaceful settlement of disputes, and the use of armed force. Special attention is given to the role of the United Nations and the International Court of Justice and to such contemporary cases and controversies as the Persian Gulf conflict.

L6273 JAPANESE LAW AND LEGAL INSTITUTIONS (3 pts)
C. Milhaupt
This course provides a critical introduction to the institutions and actors that comprise the Japanese legal system. Topics covered include the legal profession, formal and informal dispute resolution mechanisms, employment law, corporate law and governance, and economic regulation. Major theoretical debates about the role of law in Japan are examined in connection with each substantive topic. Throughout the course, law is placed within the context of Japanese social, political, and economic institutions. During the last several weeks of the semester, Visiting Professors from the University of Tokyo lead the class on topics related to their individual fields of expertise.

All class materials and instruction are in English; Japanese language ability and knowledge of Japan, while helpful, are not prerequisites.

L6271 LAW AND LEGAL INSTITUTIONS IN CHINA (3 pts)
B. Liebman
A survey of contemporary Chinese legal attitudes and institutions in historical and comparative perspective. The course begins with a brief examination of certain key themes and practices in China's traditional legal order and an appraisal of China's early-twentieth-century effort to import a Western legal model. The major portion of the term is devoted to a study of formal and informal legal institutions and procedures in the criminal and civil processes of the People's Republic of China and China's contemporary legal reform efforts. Topics will include an examination of the roles of the legal profession and the judiciary, the sources of law in contemporary China, efforts to use law to address China's growing environmental problems, and the development of China's legal framework governing financial markets.

L6540 LAW OF GLOBAL GOVERNANCE & REGULATION (3 pts)
J. Alvarez
This course addresses modern forms of international law-making and regulation, as well as enforcement and dispute settlement, emphasizing especially the impact of institutions. It examines how intergovernmental organizations, from those of the UN system to the World Trade Organization (WTO), have changed the traditional sources of international obligation, namely treaties and customary international law. We will study the emerging legislative, executive and judicial aspects of global governance, including the role of plenary bodies such as the UN General Assembly, the regulatory impact of the International Civil Aviation Organization and other specialized organizations, and judicial law making in bodies as varied as the WTO Appellate Body, the World Court, and dispute settlement bodies in the International Labor Organization. While the internal law of these organizations (affecting their legal personality, the privileges and immunity of international civil servants, and the financial responsibility of members) will be examined, the central focus will be on examining the effects of these institutions on the international legal process as well as on substantive law of potentially general application. This course complements but does not overlap with basic survey courses given at Columbia Law School on international law, international trade, or human rights. Grading will be based on class participation and an open-book final exam.

L6488 LAW OF THE WTO (3 pts)
J. Bhagwati, P. Mavroidis
The objective of the course is to provide a comprehensive presentation and analysis of the WTO law. The course is restricted to the trade agreements of WTO, that is, trade in goods and trade in services, and a detailed examination of the dispute settlement system. We start, nevertheless, with a detailed historical account of the GATT genesis. The instructors pay particular attention to the case-law: the WTO being a rare (in international relations) third party compulsory adjudication system, WTO courts have contributed significantly to the evolution of the WTO regime. In every course, following a presentation of the modern status of law and case-law, we ask two questions: to what extent case-law makes sense from an economics perspective? And, if not, to what extent the distortion lies in the interpretation or the legal regime itself? We thus, aim to initiate students to a critical evaluation of the WTO regime (besides a positivistic presentation) as well.

L9246 LAWYERING ACROSS MULTIPLE LEGAL ORDERS (3 pts)
(see 1L Electives)

L6181 REGULATION: DECENTRALIZATION AND GLOBALIZATION (3 pts)
(see 1L Electives)

L6282 SALES TRANSACTIONS: INTERNATIONAL AND DOMESTIC (4 pts)
(see Commercial Law and Advanced Contract Law)

L6609 TRANSNATIONAL LITIGATION AND ARBITRATION (3 pts)
(see Civil Procedure and Dispute Resolution)

W9020 COLLOQUIUM: CONSTITUTIONALISM IN COMPARATIVE PERSPECTIVE (2 pts)
(see Constitutional Law)

L8671 SEMINAR: ART, CULTURAL HERITAGE & THE LAW (2 pts)
(see Intellectual Property)

L9805 SEMINAR: COMPARATIVE AND INTERNATIONAL ANTITRUST (2 pts)
(see Administrative Law and Public Policy)

L8941 COLLOQUIUM: COMPARATIVE LAW (1 pt)
G. Fletcher
The colloquium will present talks by scholars in comparative law on work in progress. The topics will range from the comparative law of church and state to a comparative analysis of the language of the law.

This colloquium will be open to ten students who have already completed a course or seminar in comparative or foreign law. The student will be required to work closely with one of the speakers either to finish the speaker's research or to write a separate paper in line with the speaker's interests.

L9682 SEMINAR: COMPARATIVE MASS MEDIA LAW (2 pts)
(see Intellectual Property)

L9436 SEMINAR: CONTEMPORARY ISSUES IN BUSINESS LAW OF SOUTH AND NORTH KOREA (3 pts)
J. Roh
The IMF bailout of Korea in November 1997 and the subsequent restructuring efforts have caused fundamental changes to many of the laws, regulations, and practices applicable to doing business in Korea. At the same time, dramatic changes have occurred in North Korea paving the way for increased openness and new prospects for foreign investments. The purpose of this seminar is to examine these changes to the business law environment in both South and North Korea.

This seminar assumes that students have little or no background experience or knowledge of the Korean legal system. Korean language capability is not required.

Part I of the seminar is designed to provide the basic building blocks for the remainder of the semester. We will explore themes relating to Korea's initial encounter with western law and Korean ideas and attitude toward law. Particular emphasis will be placed on the concept of "rule of law" (or lack thereof) in Korea by looking briefly at the amendments to the Korean constitution and related problems of corruption.

Part II will focus on problems associated with the recent financial crisis (and IMF bailout) in Korea. Emphasis will be placed on changes that will inevitably need to be made to the customary mode of transacting business in Korea. These will include laws and regulations relating to investment, technology licensing, international trade, economic regulation, and intellectual property. Proposed changes to the labor policies and its impact on foreign mergers & acquisitions activity will also be examined. Emphasis will not be placed on analysis of individual laws but on policy issues relating to the Chaebol and how economic laws impact the legal business environment.

In Part III, we will explore various issues involving the North Korean legal system generally. Particular attention will be placed on the interface between "traditional North Korean law" (constitution, civil code and civil procedure) and recently enacted economic laws designed to induce foreign investment. In addition, we will review the impact of Juche (self-reliance) on the legal system. The final topic will include review of the North Korean nuclear issue as well as legal issues relating to unification (property rights, system integration, and mass migration.

L8344 SEMINAR: CORPORATE GOVERNANCE IN GREATER CHINA (2 pts)
S. Tang, W. Wang
This course is designed to familiarize students with corporate laws and policies in Mainland China and Taiwan, with an emphasis on the corporate governance structure of publicly-held companies. The course focuses on important governance issues such as controlling shareholders, board of directors, affiliated transactions, private securities litigation, domestic and cross-border takeovers. To this end, it also covers securities and investment regulations, such as listing requirements, mandatory disclosure and foreign investment restrictions in the Greater China area.

In the beginning of the class, an overview of the regulatory framework and market conditions in Mainland China and Taiwan will be conducted respectively. The other part of the class will be divided into the following units: I. Controlling Shareholders, Related-Party Transactions and "Tunneling"). II. Functions of the Board and the Role of Independent Directors. III. Private Litigation and Securities Regulation. IV. Merger and acquisition. Articles and other materials will be distributed to students beforehand.

By conducting comparative studies on the laws and their infrastructure across the Taiwan Strait, students may not only draw meaningful lessons on East Asian corporate governance, but also gain practical knowledge useful to lawyers specialized in Greater China business. 

L9377 SEMINAR: ENFORCING INTERNATIONAL LAW (2 pts)
L. Damrosch
How can international law be effectively enforced? Difficulties in enforcement have caused many to question whether international law is really "law"; yet the techniques for enforcing international law are more diverse and sophisticated than is generally appreciated. The end of the Cold War has brought about new opportunities and prospects for enforcing international law, through the United Nations and otherwise. Among the issues to be examined in the seminar are decentralized enforcement through reciprocity and counter-measures, economic sanctions, enforcement through national tribunals, multilateral enforcement through the United Nations Security Council and other international organs, and prospects for developing police and military capabilities. The seminar will examine these issues in their application to such contemporary problems as human rights, war crimes, arms control, trade, and the environment. A research paper is required.

L8041 SEMINAR: EUROPEAN CONVENTION OF HUMAN RIGHTS (2 pts)
(see Human Rights)

L8031 SEMINAR: FOREIGN DIRECT INVESTMENT & PUBLIC POLICY (2 pts)
Sauvant
This seminar addresses the role of foreign direct investment (FDI), as undertaken by transnational corporations (TNCs) (or multinational enterprises), in the economic growth and development of host countries and national policy and regulatory issues this role raises. More specifically, it begins with a brief review of TNC strategies, before looking at the salient features of FDI and the factors that drive its expansion and that will be doing so in the future (especially Third World TNCs, offshoring). An assessment of the role of FDI in trade and the transfer of technology follows. While the discussion of the impact of FDI will deal with policy and regulatory issues, the remainder of the seminar focuses entirely on the role that policies, laws and regulations can play in maximizing the positive and minimizing the negative effects of TNCs, starting with an examination of tensions over FDI and TNC activity, and continuing with issues related to policies to attract FDI, host and home country policies, corporate social responsibility and the rise of international investment agreements. Participation in the Columbia International Investment Conference on "What's Next in International Investment Law and Policy" (October 30-31, 2007) will provide an opportunity to deal with some of the substantive issues of international investment law and policy. A debate about whether or not FDI contributes to economic growth and development, and policy issues related to this question, concludes the seminar.

L9121 SEMINAR: FOREIGN INVESTMENT (2 pts)
J. Alvarez
This seminar examines domestic laws, particularly within the United States, bilateral treaties, regional arrangements (such as the NAFTA), and international organizations (such as the WTO) insofar as these purport to regulate either incoming or outgoing foreign investment. The emphasis is on the regulatory schemes that affect foreign investment as well as the underlying policy rationales offered for these. Attention will be given to the pros and cons with respect to foreign investment, especially given recent critiques of globalization and the alleged connections between foreign investment flows and economic development. The focus is on direct foreign investment, that is, ownership subject to active control and not passive investment (as through stock ownership). No economics knowledge is assumed.

L8131 SEMINAR: GLOBAL GOVERNANCE (2 pts)
M. Doyle, K. Pistor
There is broad consensus both that we are living in an age of globalization, involving networks of interdependence that span the continents, and that we suffer from a global governance gap. These networks of interdependence exceed the reaches of national sovereignty and regional, such as European Union, authority. They overwhelm the slight capabilities of international organizations. Economic, social, cultural, military, political and personal relations as well as the natural environment are all affected by forces that seem to be uncontrolled or that lack adequate accountability. Globalization, like past forms of interdependence at the local and national levels, requires governance intervention to correct for undesirable governance structures that emerge spontaneously and to limit the negative fallout from unregulated interdependence. Globalization also raises classical governance issues, namely who exercises the authority to govern, and the relation between that authority and ???the governed???, i.e. those directly or indirectly affected by governance measures they take. People are increasingly demanding that the benefits of globalization be widely shared and reflect standards of legitimacy, justice, and morality. Despite the emerging consensus on the problems, there is a wide divergence of approaches in the social sciences, humanities, law and business in framing governance problems in the global age and seeking possible solutions to them.

In this seminar we will review how these various literatures identify the critical issues of governance in a highly interdependent world and formulate policy responses to them. We will then apply these various approaches to selected case studies that raise critical global governance issues: Climate Change; Failed States; International Trade and Investment; and Democratic Accountability. Climate Change is the paradigmatic case for what economists term ???externality???, thus raising the need for coordination, if not governmental actions at the global, or supra-national level. Failed States represent serious governance failures that not only affect the population living within their borders as well as adjacent populations, but may have spill-over effects for people far away as they may harbor organized crime syndicates or terrorists, and trigger massive migration; they also raise fundamental concern about justice and morality. International trade and investment is widely argued to foster economic growth and development. Yet the benefits are often unevenly distributed within states. Moreover, free trade and capital flows have allowed companies to evade governance structures imposed on them by their home countries leaving a vacuum for labor and other social rights, the environment, etc., which is increasingly filled by transnational governance as well as non-national (i.e. NGO) structures. Finally, as global governance slowly emerges piecemeal, publics are beginning to demand participation in governance of various issues and accountability for the problems and proposed solutions that reshape their lives.

L8132 SEMINAR: GOVERNANCE IN THE EUROPEAN UNION (3 pts)
C. Sabel, O. de Schutter
The standard story of the development of the EU focuses on the distinction between negative integration (untrammeled exchange within a single market) and positive integration (the harmonization of norms in such areas as work conditions and social protection), so as to create a supra-national equivalent to the national welfare state accommodating the diversity of the EU members and the demands of global competition. In the standard story the transition from negative to positive integration is hindered, and perhaps even excluded, by the limited powers member states have granted the EU by treaty, and by regulatory races to the bottom in many domains of economic and social regulation, among member states pursuing beggar-thy-neighbor strategies. For free-market liberals these obstacles are efficiency enhancing; for social democrats they are a threat to social solidarity, seen as a good in itself and as a precondition for the flexible adjustment of market economies to rapidly changing conditions of competition. Where market liberals oppose efforts at positive integration, social democrats have traditionally worked to accelerate it, often by arguing for the transfer, to the EU level, of forms of regulation pioneered in national welfare states. In the course we will argue 1) that positive integration has proceeded much further than market liberals feared and social democrats imagined possible; 2) that this has been possible because races to the bottom are much less prevalent than the standard stories assumes; but 3) above all because efforts at harmonization have produced novel governance instruments that create opportunities for collective learning and offer a potential answer to the 'democratic deficit' in the legal and political system of the EU.

The course is in three parts, of which the first canvases successive stages in European integration. We present a historical reconstruction of the debates on integration, focusing on the intellectual history as well as on institutional developments. For example, in discussing the origins of the European Communities, we will explore the theories of neofunctionalism, according to which integration proceeds progressively, through small, but self-reinforcing steps, leading by these feedback effects to deeper integration. We will also examine the economic and political ideologies behind the idea of the 'common market', and the impact these ideas had on the absence of almost any attempt at harmonizing the social protection of workers in the European Economic Community. The creation of the European Union in 1992 will be considered both for its political significance (since a number of new fields were added to the questions of common concern to the EU Member States, clearly moving the EU beyond the almost exclusively economic dimension of the European Communities) and through the impact of the establishment of the economic and monetary union, leading the Member States to sacrifice their sovereignty in the area of monetary policy for the benefit of increased economic integration. This part concludes with consideration of the tools which are used to establish an area of freedom, security and justice between the Member States, which has developed very rapidly since 1999.

The second part of the course will focus on governance in the EU. It examines the variety of strategies developed to meet the challenges of European integration. In particular, we will discuss the significance of the principle of subsidiarity, which the 1992 Treaty of Maastricht imposed as a general requirement for the exercise by the Union of the competences it shares with the EU Member States . We will evaluate the development of the open method of coordination, in a variety of fields including employment, social inclusion, health care, education or research, as a response to the need to ensure a coordination between the Member States in fields in which the Union has not been attributed legislative competences, and to identify and promote best practices. We will review the answers offered by the European Commission to the need to improve both the legitimacy and the efficiency of EU policies and legislation, after both came under heavy criticism in the late 1990s (impact assessments and evaluations, participatory mechanisms and improved involvement of stakeholders), and take stock of the results of the attempts, since ten years, to reform European governance. We will explore how, during the period 1997-2004, the prospect of enlargement led to renewed concerns about the risks of regulatory competition within the EU (the so-called 'social dumping'), and to the reaffirmation of certain values, including human rights and the rule of law, on which the EU was founded.

The third part of the course critically discusses the various developmental possibilities created for the EU by the application (in various combination and modes) of these tools. Here we first offer a diagnosis of the current predicament facing the EU, in the aftermath of its constitutional crisis of 2004-2005. Our hypothesis is that the crisis has its source in the belief, by the 'constitutional elite' that answers to the collective problems facing the EU Member States must be sought in more and better decisions being adopted by traditional methods of rule making, in order to be implemented, again in a traditional form, by the national authorities. In contrast to the dominant approach focused on 18th century models of constitutional reform, we will see the innovations in rule making discussed earlier as an opportunity to rethink foundational law giving at the Union level, and also as a means of bringing the democratic life of the EU down to the national level, for instance by creating new modes of involving national parliaments and civil society organizations in European-wide public debates, and by improving the accountability of national public servants negotiating in the EU towards their local constituencies. The alternative we will explore is in our eyes both more democratic and more efficient than its competitors. And it is, despite its novelty, still compatible with current constitutional framework, and is in fact already being experimented in different fields. In that sense, it may be less beyond reach than the Constitution for Europe as conventionally conceived.

L9252 SEMINAR: HUMAN RIGHTS, LAW AND DEVELOPMENT WORKSHOP (4 pts)
(see Human Rights)

L9065 SEMINAR: INTERNATIONAL BANKING AND FINANCIAL LAW (2 pts)
(see Commercial Law and Advanced Contract Law)

L8343 SEMINAR: INTERNATIONAL BUSINESS AND INVESTMENT TRANSACTIONS WITH CHINA (2 pts)
O. Nee
The purpose of the course is to introduce students from a common law background to international business and investment transactions with the People's Republic of China. The course covers all forms of commercial and investment transactions with China from international sales contracts to the formation of domestic businesses. The focus of the course is a detailed examination of the principal Chinese laws regulating such business.

Students will learn how one country, China, has moved from a State planned economic system to a system where the market mechanism plays the primary role in regulating commercial activities, while allowing a continuing role for the prevalent political forces in the country. The likely future course of economic regulation in China will be studied at the end of the term, including corporate governance reforms, stock market regulation, antitrust and bankruptcy law developments.

There are no prerequisites for this course. Knowledge of Chinese is not required, although students with Chinese language or a familiarity with China are encouraged to participate in order to enliven the debate.

L9087 SEMINAR: INTERNATIONAL BUSINESS TRANSACTIONS IN LATIN AMERICA (2 pts)
A. Garro
Offered in alternate years in Spanish and English, this seminar will be offered in English for the Fall 2007 semester.

The focus of this seminar is on international contracting and dispute resolution, with particular emphasis on some representative jurisdictions of Latin America.

The course proceeds on the basis of class discussions focusing on prototype international commercial contracts, such as international sales, payments (letters of credit), and carriage of goods. Primary emphasis is on selected problems arising in the course of the conclusion and enforcement of international commercial transactions, such as international jurisdiction and choice of forum and choice of law clauses. A few sessions will be devoted to the regulation of international trade under some subregional trade agreements (NAFTA and MERCOSUR in particular). Attention also will be given to the settlement of disputes, including methods for the service of documents and the taking of evidence abroad, the enforcement of foreign provisional measures and judgments, and the enforcement of arbitration agreements and foreign arbitral awards.

L9122 SEMINAR: ISLAMIC LAW AND MIDDLE EASTERN LEGAL INSTITUTIONS (2 pts)
S. Hassan
This seminar deals with the origins and sources of Islamic law; the various schools of jurisprudence and the elaboration of an Islamic legal theory. It considers the practical application of that theory in the law of the family, the Islamic law of nations and Islamic constitutional theory. The seminar further considers the movement of reform and secularization in Muslim countries and the role of Islamic law in the contemporary legal systems of the Middle East with particular reference to the law of obligations and contracts.

L8191 SEMINAR: JUDICIAL ENFORCEMENT: SOCIO-ECONOMIC RIGHTS (2 pts)
S. Ngcobo
The seminar examines the role of the judiciary in the protection of constitutionally recognized socio-economic rights. The seminar will examine two related questions: first, given their institutional capacity and the indeterminacy of socio-economic rights, can courts enforce socio-economic rights; and second, given the impact that their decisions might have on the distribution of the state's financial resources and the policies of the state and thus their implications for the separation of powers, should courts enforce socio-economic rights. The seminar will examine these questions by reference to South Africa, India and the United States. The objective of the seminar is to consider whether there is any workable model for judicial enforcement of socio-economic rights that is discernible from the cases analyzed.

L9164 SEMINAR: LABOR RIGHTS IN A GLOBAL ECONOMY (2 pts)
(see Labor and Employment Law)

L9577 SEMINAR: LAW, GOVERNANCE AND CAPITALISM (3 pts)
(see Corporate and Securities Law)

W9103 SEMINAR: LEGAL ASPECTS OF U.S. FOREIGN ECONOMIC POLICY (3 pts)
R. Gardner
Members of the seminar will act as a bipartisan Presidential advisory group reviewing current issues in U.S. foreign economic policy. The political and economic as well as the legal aspects of each issue will be examined, with particular attention to actions that should be taken by Congress and the U.S. Administration. The seminar will draw upon Professor Gardner's current work as a member of the State Department's Advisory Committee on International Economic Policy and his past work on the President's Advisory Committee on Trade Policy and Negotiations.

This next spring, the seminar will focus, inter alia, on the following questions:

1. Whether the interests of the U.S. and other countries are served by promoting the continued globalization of the world economy through new measures to liberalize trade and financial flows.

2. The significance of large and growing U.S. current account deficits and possible corrective actions.

3. The implications of the "war on terrorism" for U.S. foreign economic policy.

4. The future of WTO and bilateral trade negotiations and how to deal with sensitive issues such as agriculture, services, intellectual property, "special and differential treatment" for LDCs, and trade remedy laws.

5. How worker rights issues should be handled in the WTO and in future trade negotiations.

6. The regulation of U.S. investment abroad and foreign investment in the U.S.

7. China as a special trade problem and opportunity.

8. The use of trade sanctions for national security or human rights reasons.

9. U.S. trade and aid policy toward the Arab and Islamic worlds.

10. Strengthening the International Monetary Fund and the World Bank as instruments for financial stability and sustainable development.

11. U.S. energy policy.

12. U.S. policy on the Kyoto Protocol and global warming.

L9183 SEMINAR: NUREMBERG TRIALS AND WAR CRIMES LAW (2 pts)
(see Human Rights)

L9303 SEMINAR: STRATEGIC INTERNATIONAL COMMERCIAL TRANSACTIONS (2 pts)
(see Commercial Law and Advanced Contract Law)

L8264 SEMINAR: THE HISTORY OF INTERNATIONAL LAW (2 pts)
(see History and Philosophy of Law)

L9001 SEMINAR: UNITED NATIONS LAW: PEACEKEEPING (2 pts)
R. Lee
The United Nations Charter outlawed the use of force and envisaged the setting up of a collective security system under the Security Council to counter any breach or threats to peace. This scheme was never implemented as the onset of the Cold War quickly demonstrated that the permanent members were not prepared to commit their soldiers and equipment to such an international force. On a case by case basis, the concept of peacekeeping was introduced and over time has become the principal tool of the United Nations for controlling conflict and for maintaining peace and security. Peacekeeping missions rely usually on civilian or military personnel contributed voluntarily from Member States under the operational command of the Secretary-General.

Peacekeeping missions have performed many different functions, including supervising truce, monitoring ceasefires, demobilizing former combatants and reintegrating them into normal life, upholding human rights, carrying out disarmament, providing humanitarian assistance, assisting elections, training and policing local police, clearing mines and cooperating with regional organizations.

This Seminar will discuss and analyze legal, policy and institutional issues arising from peacekeeping missions. Concrete cases will be used to illustrate the issues, the decision-making process and the interaction between law, politics and diplomacy. Experts will be invited to speak on specific topics. Students will participate in simulation exercise to argue issues involved in peacekeeping. Arrangements will also be made to observe meetings at the United Nations.

L8882 SEMINAR: USE OF FORCE IN THE INTERNATIONAL SYSTEM (3 pts)
M. Waxman
This 3-credit seminar will explore the domestic and international legal regulation of decisions to use military force. On the domestic plane, it focuses on constitutional issues such as presidential war powers and the competing roles of different branches of government. On the international plane, it focuses on self-defense rules and the UN Security Council system.

The first part of the semester will examine traditional doctrine and debates, followed by a short writing assignment. The second part of the semester will explore contemporary problems and the adequacy of traditional rules: Can a state be at war with a transnational terrorist organization? Does the proliferation of weapons of mass destruction and other destructive technologies render traditional self-defense rules obsolete? What types of humanitarian crises justify outside military intervention?

L9214 SEMINAR: WTO LAW (2 pts)
K. Bagwell, G. Bermann, P. Mavroidis
This seminar deals with particular topics of the WTO integration process. We keep the same topic for two years. In 2007-2008 we will be dealing with 'Contingent Protection in the WTO', as we did the year before. Previously we have dealt with 'Trade and Health in the WTO', and 'Developing Countries in the WTO'. After a four week introduction on the law and economics of WTO by Kyle Bagwell, George Bermann, and Petros C. Mavroidis, students will be exposed to speakers of renown authority (a mix of economists, lawyers, and political scientists) who will present their papers on specific topics selected by the instructors. The weekly breakdown is available on the Internet as well. The idea is to introduce students not only on the legal regime of the WTO, but, critically, to make them aware of the criticism against the legal regime as it stands, and/or as it has been interpreted by WTO adjudicating bodies. Since the WTO is a largely incomplete contract, the emphasis on its completion through interpretation has been considered necessary. Students will be requested to write 6 short reaction papers every year (they can choose among the various presentations by invitees) and a longer essay at the end of the semester. The course is inter-disciplinary since it is being taught by professors of the Economics as well as the Law Faculty. Formal reasoning, nevertheless, will be presented in an easy to understand (for students un-initiated in economics) manner.No enrollment limits or pre- or co-requisites (though concurrent or prior enrollment in the course on WTO law would be useful).

The following are not offered in 2007-2008 but are part of the regular course offerings at Columbia Law School.

L6223 COMPARATIVE CONSTITUTIONAL LAW (3 pts)
This course takes the new South African Constitution as a model of a modern constitution, contrasting its provisions with the constitutions of other countries. It explores the relevance of history to the particular constitutional model that is adopted and to the interpretation of its provisions. In this context different approaches to federalism and fundamental rights will be considered and the structure and provisions of the South African constitution will be contrasted with those of the United States, Germany, India, Canada, and Australia.

Consideration will be given to the way that different national courts approach common problems, the importance of history, precedent, public opinion, and contemporary concerns and attitudes to the outcome of particular cases, the use that it is made of comparative jurisprudence by some courts but not others, and the constraints upon and the advantages and disadvantages of using comparative jurisprudence. In particular, consideration will be given to court decisions dealing with capital punishment, equality and discrimination (with particular reference to affirmative action and discrimination against gays and lesbians), speech including hate speech, and socio-economic rights. The relevant provisions of the South African Constitution and the approach of the South African Constitutional Court to such issues will be discussed and compared with those of the constitutions and court decisions of the United States of America and other countries.

L6410 THE CONSTITUTION AND FOREIGN AFFAIRS (3 pts)
(see Constitutional Law)

L6212 INTERNATIONAL BUSINESS TRANSACTIONS (3 pts)
This course has two parts. The first part deals with the legal problems arising in the conduct of private business transactions involving the European Union. More general subjects of extraterritorial application of laws and the development of European antitrust laws will precede consideration of problems arising in exporting, licensing, and direct investment. The second part of the course will deal with the tax aspects of international business transactions, including exporting, licensing, direct investment and the tax aspects of conducting international business transactions through telecommunications.

L9246 INTERNATIONAL TAXATION (2 pts)
(see Taxation)

L6542 LAW OF THE SEA (1 pt)
The course will draw on Law of the Sea examples in respect of international law topics such as sources of law, jurisdiction, and dispute settlement. Specific Law of the Sea topics, such as fisheries, maritime boundaries, protection of the marine environment, and exploitation of the resources of the continental shelf and deep seabed will be explored in the context of the United Nations Convention on the Law of the Sea (UNCLOS) and its dispute settlement system. Other current problems for attention in 2004 can include boarding of vessels for counter-proliferation purposes, and rights of navigation in relation to national and international security. Issues in connection with U.S. ratification of UNCLOS (expected to occur in 2004) will be examined in depth.

L9389 SEMINAR: INTERNATIONAL LAW AND INTERNATIONAL RELATIONS (2 pts)
“International Law and International Relations” explores the role of law in international relations and the role of international relations in shaping international law. While traditionally these two topics are taught separately--and in separate schools--there is obviously substantial overlap and interaction. We aim to examine both theories of international relations and international law. But we are also interested in practical areas in which the study of both disciplines sheds new light on both the behavior of states and other actors and the evolution of legal doctrines and practices. Following an introductory section on theories of how international law and relations interact, the seminar will explore issues including international human rights and national minorities, forcible humanitarian intervention, the role of the International Criminal Court, the resolution of international trade disputes and the role of NGO’s in international environmental law.

L9200 SEMINAR: LEGAL ASPECTS OF CHINA'S INTERNATIONAL RELATIONS (2 pts)
China's entry into the WTO has brought renewed attention to the question of the role of law in China's interactions with the outside world. This seminar will begin with an examination of China's historical interactions with international law, and then will address a range of contemporary topics in which law and arguments about law affect China's interactions with other nations. Topics will include China's entry into the WTO; China's participation in international environmental lawmaking; human rights; Hong Kong, Tibet and Taiwan; private dispute resolution; intellectual property law; China’s participation in international efforts to fight terrorism; labor migration and labor standards; and the role of other nations in China's legal reform efforts.

L6182 TERROR AND CONSENT (3 pts)
(see 1L Electives)