International Business & Economic Law LL.M. - List A
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J.D. Seminar (cross-listed) | 3 credit hours
This seminar examines recent developments in the economic approach to antitrust law and practice. Topics include issues at the frontier in various areas, including some or all of the following: decision-theoretic approach to antitrust, partial ownership acquisitions, advanced merger analysis and policy, buyer power, conditional pricing practices, intellectual property/antitrust interface, pay-for-delay agreements, standard setting, abuse of dominance, and behavioral economics. Students must complete a 2 or 3 credit paper and weekly assignments on the topic for the week. Some time is spent throughout the term on the student papers. This is an excellent course for students preparing for a career on antitrust. There will be written assignments that must be submitted for each class. Attendance is also required.
Prerequisite: Antitrust Law (or the equivalent Antitrust Economics and Law).
J.D. Course (cross-listed) | 4 credit hours
This course covers the major federal legislation and doctrine in the field of antitrust law with a primary focus upon governmental efforts to promote competition. Emphasis is placed upon the growing role of economic analysis and trends in judicial interpretation relating to the coordination, monopolies, mergers and joint ventures, as well as evolving legal standards, including the role of decision theory in setting legal standards.
This version of basic antitrust places greater emphasis on the tools of economic analysis that have taken on growing importance in antitrust as well as controversies between Chicago School and post-Chicago economic approaches. There is no economics prerequisite. The necessary economic tools will be developed in the course. Students should be prepared to master economic as well as legal materials. There will be written assignments that must be submitted for each class. Attendance is also required.
Recommended: Some economics background is helpful, but not required.
Mutually Excluded Courses: Students may not receive credit for both this course and Antitrust Law.
Note: Laptops may not be used during class sessions.
LL.M Course (cross-listed) | 1 credit hour
Commercial and investment arbitration have gained increasing importance in Latin America. The last decade has seen, on the one hand, substantial amendments in the arbitration laws of the region and, on the other, an increase in the claims by investors under bilateral investment treaties and free trade agreements. But is there a Latin American arbitration? Is there a common approach to arbitration by the different countries in the region? Have the countries in the region simply adopted international standards and rules, or is there a Latin American contribution to the development of arbitration? Is there a Latin American way of conducting arbitration or rather an increasing adoption of practices and rules more akin to common law traditions? How can lawyers trained in the common-law tradition work in arbitrations subject to the laws of Latin American countries and located in Latin American venues? What have been the effects of the so-called “constitutionalization” of arbitration? Is there a uniform approach of Latin American countries to arbitration under investment treaties? Is there a trend to expand the relevance of local law in investment claims and to insist in the Calvo doctrine? Do human rights or rights of indigenous communities play a role in investment disputes? Where is the debate as to whether the existing investment treaties and the arbitration rules reflect the dominant interests of capital-exporting nations? What have been the defense strategies of Latin American states?
The mere definition of what is Latin America presents a challenge to both lawyers and historicists. This course will explore, with a brief introduction as to the historical differences and common grounds between the countries in the region, the responses to the different questions that arise in a region where the approach to arbitration swings from the magic solution to reduce work overload in courts to a public enemy that should be eliminated.
Prerequisite: Prior or concurrent enrollment in an introductory international arbitration course.
Note: A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Withdrawals are permitted up until the last class for this specific course.
LL.M Seminar (cross-listed) | 2 credit hours
This course explores the global legal and regulatory framework for futures, swaps, options, and other derivatives, with a focus on the ways that technology and innovation are changing how these markets function and are regulated. High-frequency trading (HFT) firms now use algorithmic trading robots to place trades in futures contracts and other financial instruments in fractions of a second, while the markets for futures and other derivatives are witnessing the rise of digital intermediaries – computers and software programs – that perform the role of traditional intermediaries. Likewise, blockchain technology offers the prospect of settling transactions in a manner that is fundamentally different to the financial industry’s current approach of using overlapping centralized ledgers. Students will analyze the unique challenges that the increasing use of these and similar technologies present for U.S. and international policymakers, regulators, and market participants. Students will learn the overall structure and key provisions of the US regulatory framework and policy perspectives, which will be compared and contrasted with those of other jurisdictions, such as the EU and its member countries, with an emphasis on how the statute, regulations, and precedent are addressing (or not addressing) issues brought about by technological advances, such as market manipulation by algorithmic robots. Class participation is expected. Students will be graded on one long paper and several smaller writing assignments.
Recommended: Securities Regulation
J.D. Seminar (cross-listed) | 2 credit hours
Corporations today have a global scale and impact that matches or sometimes dwarfs that of governments. Their activities - from sourcing of raw materials to processing and production of intermediate or finished goods, to distribution and sale - have major consequences not just for the human rights of their employees but also for those of individuals and communities where they operate.
In many of these countries, government oversight and regulation is absent or largely ineffective. Companies struggle to define their responsibilities in the wake of these governance gaps, in particular where local law requires less of them than does international law, e.g., on wages, hours or basic safety.
A robust and often contentious debate over these questions culminated in the development of the U.N. Guiding Principles on Business and Human Rights (“UNGPs” or “Guiding Principles”). The UNGPs, finalized in 2011, establish a framework for considering the respective roles of governments and corporations and outline core concepts of human rights due diligence and effective remedy. In doing so, the UNGPs also now inform and to some extent have refocused ongoing voluntary efforts that have emerged over the past 20 years to fill these governance gaps among stakeholders from business, civil society, the investment community, and academia.
These developments have taken place against the backdrop of an explosion in global trade and dramatic changes in the rules governing the international trading and investment framework. The establishment of the World Trade Organization and the proliferation of bilateral and regional trade agreements led to increased scrutiny of the relationship between trade and human rights and, ultimately, some acknowledgement and integration of labor standards at the regional/bilateral level.
This course introduces students to the business and human rights discussion and debate, covering core international human rights/worker rights issues, labor and trade concepts, and emerging voluntary and international norms, as well as reviewing the key stakeholders, guidance, and tools, and examining how these play out in the context of sector-specific initiatives.
Among the key questions the course explores are:
- What are the relevant human rights standards that affect business?
- What are the appropriate linkages – including the legal relationships – between trade, corporate policies/business practices, and the promotion of human rights?
- What approaches are emerging as norms and “best practices"?
- Who are the principal stakeholders, what are their roles and motivations, and what have been their principal points of contention as well as opportunities for working together?
- Is the growing attention to business and human rights issues largely a result of the inability of either national governments or international governmental organizations to address human rights issues adequately?
- What has been the mix of mandatory/regulatory and voluntary/“self-regulatory” approaches utilized to address the links between human rights and both trade and business practices – and is this the right mix?
- Put another way, what is the proper relationship between “corporate responsibility” through voluntary means and “corporate accountability” through laws and regulations?
The course will begin with several sessions designed to provide the foundations of relevant legal and policy developments, with special attention to the UNGPs. It will also include an examination of concepts of corporate responsibility and corporate accountability, and the relationship between the rules governing trade and international labor standards.
Throughout the course, students will be asked to examine the various approaches and differing roles of key stakeholders, including by playing the roles of those addressing the key issues from the perspectives of corporations, NGOs/civil society, and governments. The class will be divided into three groups for purposes of this “role playing” – with each section asked to adopt the three different set of perspectives during the course of the semester, both in students’ individual analysis of assigned readings and in group sessions during some of the classes.
Recommended: There are no formal course requirements, but some basic familiarity with international trade and human rights law is assumed.
Mutually Excluded Courses: Students may not receive credit for both this seminar and the practicum course Human Rights and Multinational Business (formerly Business and Human Rights).
Note: Students may not withdraw from this class after the add/drop period ends without the permission of the professor.
J.D. Course (cross-listed) | 3 credit hours
This course focuses on international law applicable to environmental and natural resource issues. It develops a framework for analyzing the issues and gives special attention to how to implement and comply with international obligations. The course covers climate change, ozone depletion, transboundary pollution, hazardous wastes and chemicals, biodiversity, fresh water, human rights and environment, environment and trade, and financing sustainable development.
Learning goals for this course:
To understand international legal issues in a multi-disciplinary context, to know the intricacies of multilateral negotiations, and to be able to apply legal concepts effectively in domestic contexts.
J.D. Course (cross-listed) | 3 credit hours
In 1970, about 90% of international transactions represented trade in goods and services. On the eve of the last financial crisis, about 90% of international transactions reflected movement of capital unrelated to trade. This course examines aspects of national and international law that govern cross-border capital movements. The goal is to discern elements of an evolving legal regime for international finance.
We will consider current issues in international finance from the transactional, regulatory, and policy perspectives – reflecting the different functions of the law in this area. Beyond basic legal concepts relevant to international banking, securities and currency markets, we will address topics including crisis response, international institutions, government debt, foreign assistance and microfinance. The syllabus assumes no background in finance, economics, banking or securities law. In addition to classroom engagement and a take-home exam, course components include policy and negotiating simulations, and a news blog.
Recommended: Federal Banking Regulation, Securities Regulation and International Law I: Introduction to International Law.
Mutually Excluded Courses: Students may not receive credit for this course and International Finance and Regulation.
LL.M Course | 2 credit hours
This course deals with international protection of intellectual property through the World Trade Organization (WTO) and the WTO agreements which cover intellectual property: the TRIPS Agreement, The Paris Convention and the Berne Convention. The course will also cover the General Agreement on Tariffs and Trade (GATT) and the Dispute Settlement Understanding, which are essential in enforcing these agreements.
The course examines in detail the relevant U.S. law and how the extraterritorial application of these laws effects international enforcement of intellectual property. These laws are Section 337 of the Tariff Act of 1930 which prohibits the importation of articles into the United States which infringe U.S. patents, trademarks, or copyrights, and Section 301 of the Trade Act of 1974 which allows retaliation against foreign countries which impose unjustifiable or unreasonable restrictions against U.S. commerce.
The main WTO cases in intellectual property will be read and analyzed. These will include the cases on Sections 337 and 301, which have limited the United States’ ability to unilaterally affect intellectual property law. Other cases will include the U.S. – Cuba Havana Club case, the Indian Pharmaceutical case, the Internet Gaming case, the U.S. Musical Copyright case, the European Geographical Indication (GI) case, the Canada Pharmaceutical patent case, and the China Intellectual Property Violation case. The course will study the Doha Agreement, which allows the compulsory licensing of pharmaceutical patents to fight pandemic diseases particularly HIV/AIDS. Finally, the course will review any significant changes in trade law or existing trade agreements, particularly as relates to intellectual property, that may occur under the new Trump administration.
Mutually Excluded Courses: Students may not receive credit for both this course and Intellectual Property in World Trade (LAWG/J-226).
LL.M Seminar (cross-listed) | 2-3 credit hours
Examines U.S. trade laws and regulations and World Trade Organization agreements affecting international trade, and the relationship of the General Agreement on Tariffs and Trade 1994 and other international agreements to U.S. law and practice. Considers, in detail, the U.S. antidumping, countervailing duty, escape clause (Section 201) laws and regulations and the WTO agreements that establish multinational standards applicable to the use of those remedies. Examines the WTO agreements on services, intellectual property, and technical barriers to trade. Examines the statutory remedies, particularly Section 301, that are available to address foreign restrictions on U.S. exports of goods, capital, services, and intellectual property. Evaluates the role of Congress, the U.S. Trade Representative, and other U.S. agencies in setting trade policy and overseeing administration of the trade laws. Analyzes the WTO procedures for dispute resolution and key WTO panel and Appellate Body decisions. Reviews free trade agreements, including the North America Free Trade Agreement and the recent Trans-Pacific Partnership, as well as bilateral investment treaties. The course includes a weekly discussion of current events affecting international trade law and regulation.
Mutually Excluded Courses: Students may not receive credit for both this course and the J.D. course, International Trade or World Trade Organization: Law, Policy and Dispute Settlement.
Note: The 3-credit section of this course meets the "Category 1" requirement for the WTO certificate program.
The two-credit class requires a final exam; the three-credit class requires a paper. J.D. students must register for the 3 credit section of the seminar if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement for JD students. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement for JD students.
LL.M Seminar (cross-listed) | 2 credit hours
The seminar will explore the relationship between international trade and development policy and practice, both currently and historically. In particular, the seminar will critically investigate the link between trade and development that goes beyond a purely economic understanding and reaches questions of broad-based poverty alleviation, human rights, food security, environmental protections and even security and democratic reforms within and between nations. New, innovative approaches in the field, such as global value chains, impact investing, social entrepreneurship, spatial development and demand-driven policy reform will be introduced and discussed throughout the seminar. The purpose of the seminar’s exploration is to equip seminar members with the tools to integrate trade law and policy into a broader perspective on development (and vice versa) than that presented by economic analysis and current practice, in the hope of combining an understanding of the global trading system with expectations of its role in sustainable economic development.
The seminar will take place in three phases. In Phase I the seminar will explore the relationship between trade and development and how it relates to a common good. Phase II will explore several specific areas related to trade and development that are pertinent to the current debate. In Phase III, seminar members will apply the understanding gained in Parts I and II–in conjunction with their own research–in analyzing the relationship between trade and development in specific, concrete situations. This will include a brief presentation by each seminar member, as part of a larger panel, before the seminar. This phase will lay the groundwork for the final paper.
The required and recommended readings extend well beyond traditional analysis of trade agreements and negotiations into law, economics, history and politics in an effort to raise not just technical questions about trade practice and law but to focus as well on the equitable political economy considerations inherent in the operation of the current system. Seminar members are encouraged to bring to the discussion resources and points of view beyond those recommended. In the third part of the course, seminar members will be offered the opportunity of engaging in a current topic concerning trade and development. At different stages throughout the seminar, leading scholars, practitioners and policymakers in the wider Washington, D.C. community may be included in the discussions.
LL.M Seminar (cross-listed) | 2 credit hours
This course will cover the interface between the intellectual property rights, international trade and public health, focusing in particular on the WTO TRIPS Agreement and subsequent agreements. It will provide an introduction to the law and economics relating to this subject, and cover the provisions of the TRIPS Agreement relevant to public health, including disputes settled in the WTO, such as the India mailbox and the Canada regulatory exception cases. It will examine the background, content and implications of the Doha Declaration on the TRIPS Agreement and Public Health and of the subsequent decisions at the WTO implementing compulsory licenses for exports. It will also discuss the relevance of bilateral or regional free trade area agreements to the subject.
The course would study relevant national/regional implementing legislation, for example on compulsory licenses, and discuss use of the WTO export compulsory license provisions, namely the Rwanda-Canada case. Students will be asked to participate in class presentations and/or group exercises on the topics covered, for example on a hypothetical case study of exports, taking up the role of advisors based in either the importing country or the exporting country.
Finally, the course will also cover recent work on trade, intellectual property and public health in other intergovernmental organizations, in particular in the World Health Organization.
Recommended: Coursework in International Trade, Intellectual Property Rights, or Public Health.
Note: ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. All enrolled and waitlisted students must be in attendance at the start of the first class session in order to be eligible for a seat in the class and must attend each class session in its entirety.A student will be permitted to drop a course that meets for the first time after the add/drop period, without a transcript notation, if a student submits a written request to the Office of the Registrar prior to the start of the second class meeting. Students may not withdraw from this class after the start of the second class session without the permission of the professor.
J.D. Seminar (cross-listed) | 3 credit hours
Successful management of globalization has emerged as the central challenge of our time. Globalization has been blamed for many of our social and economic problems from inequality to stagnant growth. The international regulatory failures exposed by the financial crisis of 2008-2009 have called into question not only the regulatory framework for financial stability, but also the entire framework of international norms and institutions known as Bretton Woods that have been the pillars of global economic regulation. The accompanying collapse in public trust in government experts and private elites has complicated efforts to address these challenges. Are we at an historical turning point characterized by GLEXIT – the abandonment of globalization – or will these challenges lead to a Globalization 2.0?
The purpose of this seminar is to look at the role of international economic law in managing globalization, both in terms of extracting the benefits and in addressing the consequences, particularly those negative effects that have fed the backlash. The focus of the seminar will be on the central regulatory regimes governing international economic activity: trade, monetary, investment, finance, competition, tax, sovereign debt and corruption. We will examine the fundamental character and role of legal norms, regulatory systems and international institutions in a world characterized by interdependence and conflict.
This is a research seminar in which the initial eight weekly classes will present a survey of regulatory regimes designed to give students a framework for what have historically been somewhat distinct “silos” but which each illustrate the recurring tensions between fragmentation and coherence. We invite student involvement in the specific topics in the field on which we focus. Each student will be asked to provide short papers responding to the readings for each of the initial sessions. Students will be expected to write a research paper on a relevant topic under the guidance of one of the professors and to make a short presentation to the class during the last third of the course. In their research paper, students will be expected to identify a contemporary, global economic regulatory issue and propose solutions drawing on insights from the seminar (and their broader studies) to analyze the problem, propose and defend possible solutions.
The seminar will be taught by professors with a wide range of experience in academia, private practice and government service. Distinguished outside experts will also be called upon to address particular topics within this framework.
A number of broad themes will be developed to help unravel the complexity of global regulation:
- What is the role of legal norms in creating efficient and sustainable global markets? Do some problems lend themselves to different types of norms (e.g. soft versus hard law)? What about governance, the formality of legal norms (and institutions) and the role of national sovereignty and subsidiarity?
- Why do the different global economic regulatory regimes look so different? Why has trade evolved with an advanced set of norms, dispute settlement and enforcement?
- How have crises and systemic failures contributed to the development of legal regimes? Do crises lead to sustainable and effective regulatory regimes?
What role does trust play in the character of legal regimes? Can international economic law be viewed as the objectification of trust? How can trust be sustained when global issues engage citizenry across the most diverse context imaginable?
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 seminar will include both JD and LLM students and we encourage students with a range of exposure to the underlying subject matter. For insight into the kinds of issues the seminar will address, students are encouraged to review the material in Cottier, Jackson and Lastra, International Law in Financial Regulation and Monetary Affairs, Oxford University Press (2012). Students may also find useful the PBS Documentary, The Ascent of Money; A Financial History of the World, written and presented by Niall Ferguson which is available online.
LL.M Seminar (cross-listed) | 1 credit hour
This seminar will examine how the U.S. government regulates and addresses national security in a global economy in which data and money flows freely and sensitive assets in the United States and abroad are owned or controlled by commercial actors. 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. The course will trace this history of national security law as it relates to the private sector and the principles for the application of national security to private actors. The focus of the seminar then will be on how these principles apply in two practice areas: (i) national security reviews of foreign investment conducted by the Committee on Foreign Investment in the United States; and (ii) anti-money laundering regulations administered by the Financial Crimes Enforcement Network of the Department of Treasury. The course will use functional examples (i.e., real world cases) to explore fundamental policy questions -- e.g., what is the proper balance between security and openness in a commercial world -- as well as to evaluate the legal and practical considerations of private and commercial actors, which may have fiduciary duties to shareholders and important reputational considerations, when confronted with national security issues.
This seminar is designed for those who are interested in how concepts of national security in the law affect private actors -- primarily, but not exclusively, businesses -- on a daily basis. There will be elements of history, but the focus will be experiential. Accordingly, while the course will not be a heavy reading course, preparation will be important and students may be designated (with significant advance notice) to help lead a particular class discussion. Outside experts from the Executive Branch, Congress, and the private sector will be invited to participate in certain classes.
Course pre-requisites: None
Requirements -- Three requirements:
(a) The preparation of materials to help lead a particular class discussion.
(b) Participation in class discussion centered around real world fact patterns.
(c) A take-home final exam.
Note: Withdrawals are permitted up until the last class for this specific course.The take-home exam in this course may be administered mid-semester and the specific exam date will be provided by the professor after the add/drop period.
J.D. Seminar (cross-listed) | 2 credit hours
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. The policies in the General Agreement on Trade and Tariffs (GATT), the General Agreement on Trade in Services (GATS), and regional trade agreements that have followed were largely designed to further this traditional model of trade.
In 1995, the National Science Foundation divested its final piece of its computer science network (NSFNET) marking the official commercialization of the Internet, at the time the Internet had a user base of less than 20 million. The Internet was designed to facilitate communication between individual desktop users sitting on independent networks, and was largely used by academics at the time. The policies that shaped the modern Internet were the creation of national governments and a multi-stakeholder process involving engineers, businesses, non-profits, and government.
In 1995, there was not much thought given to the world of trade intersecting with the burgeoning Internet.
It is more than 20 years later, and the worlds of global trade and the Internet are rapidly overlapping. In 2011-2012, the US census bureau reported that 49.3% of manufacturing trade was conducted through electronic means; McKinsey found that the Internet accounted for 21% of GDP growth in mature economies; and, the Organization for Economic Cooperation and Development (OECD) reported that the only 5.7% of small firms in the EU25 were not accessing the Internet. There is a divergence of opinion, though on whether the Internet is revolutionizing the players, method, and function of international trade. Moreover, despite the increased importance of the Internet to doing business in the modern world, trade policymakers struggle to understand the individual policy issues of the Internet and Internet-enabled commerce.
This class will bring together the divergent worlds of Internet and trade policy. Students will analyze the macro questions around trade through the lens of the Internet revolution. Moreover, students will delve into a number of unique trade issues that are being created as a result of the global Internet. Students will also analyze national laws on the Internet and why they are difficult to globalize. The class will challenge students to understand the unique issues of the Internet, to think about classical trade and development issues in new ways, and to challenge the efficacy of global policy solutions to global Internet problems.
The class will be divided into three parts: Part 1 will provide background on the Internet and trade and will lay out the foundational questions that underlie the rest of the class; Part 2 will delve into a number of specific Internet policy issues through the lens of trade; and Part 3 will be forward looking and will ask students for solutions to difficult policy questions.
Recommended: Prior or concurrent enrollment in an international trade law course.
LL.M Seminar (cross-listed) | 2 credit hours
The objective of the seminar is to have an opportunity for analytical discussion on the major issues of the current developments in trade arrangements and trade negotiations in the Americas, and their linkages to some of the major development policy issues at the multilateral and national level for Latin American and Caribbean countries. The seminar will observe regional pacts as Mercosur, CACM, Caricom, the Andean Pact, and the most significant bilateral Free Trade Agreements such as Canada-Costa Rica, US-Chile, Mexico-Central American Countries, and Central American Dominican Republic-USFTA. Thematic issues of market access (especially in agriculture), dispute settlement, trade in services, investment, trade-labor, trade-environment regulations, and competition policy will be discussed.
Professor Umaña also will invite experts in several of the topics to enrich the discussion. Students are expected to write a paper of maximum 30 pages long (double space) on a topic related to the seminar objectives and to present their research in class for feedback and group discussion. Class attendance, oral presentation, and class participation will be part of the overall evaluation.
Prerequisite: for J.D. students only: International Law I: Introduction to International Law (or the equivalent of International Law I, which is a 3 credit course in public international law).
Note: This course is limited to LL.M. and 3rd year JD students.
LL.M Course (cross-listed) | 2 credit hours
Understanding and dealing with U.S. export control and sanction laws have become increasingly important skills for lawyers advising clients who compete in the global economy, including manufacturers, service enterprises, financial institutions, and companies licensing their technology abroad. This course surveys the federal laws and implementing regulations governing the export and re-export of goods, services, technology and software from the United States or by persons subject to U.S. jurisdiction, the extraterritorial reach of re-export controls, prosecution strategies, restrictions on dealings with or in sanctioned countries, prohibitions against dealing with blacklisted parties, and other sanctions that apply to non-U.S. companies and individuals. We also will examine the policies underlying these rules, which are designed to address ever-changing and developing threats to the United States, including Russian aggression in the Ukraine, the nuclear threat posed by Iran, civil war in Syria, missile development in North Korea, and conventional military tensions between the United States and China.
The course is designed to impart the practical skill sets you will need to use and understand the various complex regulatory systems that implement national security rules related to technology and high-tech transfers, including restrictions on release of technology to non-U.S. persons, foreign policy restrictions and licensing requirements. The regulations are implemented under various statutes, such as the Export Administration Act, International Emergency Economic Powers Act, Trading with the Enemy Act, Arms Export Control Act, and Atomic Energy Act, and regulations issued by various federal agencies, including the U.S. Departments of Commerce, Treasury, State, and Energy and the Nuclear Regulatory Commission. We will address each regulatory regime as well as the limited body of relevant case law.
In addition, the course will address multilateral export control regimes, the role they play in shaping U.S. trade laws, the impact of new regimes (such as those under the Chemical Weapons Convention) and the direction of U.S. export controls and sanctions policy in response to the changing threats. We will focus on the U.S. Government’s use of embargoes and other economic sanctions to achieve national security and foreign policy goals of target countries. This course also will provide the skill sets necessary to communicate effectively with licensing agencies and the Defense Department regarding key issues of agency jurisdiction and classification and direct investment in the United States.
The course also will focus on the enforcement environment, including the trend of ever-increasing fines, the use of extradition, and imprisonment. We will discuss defense strategies and the potential for global settlements with the Departments of Justice, State, Treasury, and Commerce.
Finally, the course will emphasize developing the working knowledge necessary for hands-on practice and problem-solving in this field. In addition, the course will provide skills sets to assess proposed legislation and regulations in depth, as well as advocacy skills related to legislation and rulemaking.
Recommended: Administrative Law; International Law I.