Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
261.7 sec. 001 - Disputes with Sovereigns (Spring 2024)
Instructor: David William Bowker (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 1
Grading Designation: Credit Only
Mode of Instruction: In-Person
Meetings:
Th 6:25 PM - 9:05 PM
Location: Law 132
On 2024-02-08
F 10:00 AM - 12:00 PM
Location: Law 140
On 2024-02-09
F 3:10 PM - 6:10 PM
Location: Law 140
On 2024-02-09
Sa 09:00 AM - 12:00 PM
Location: Law 140
On 2024-02-10
Sa 1:30 PM - 4:10 PM
Location: Law 140
On 2024-02-10
Course End: February 10, 2024
Class Number: 32601
This course is open to 1Ls.
Enrollment info:
Enrolled: 42
Waitlisted: 0
Enroll Limit: 47
As of: 07/30 03:46 PM
This course covers both national and international law concepts relating to the resolution of disputes with sovereign nations and their agencies and instrumentalities ... including how such disputes arise and how they are won, lost, or settled through diplomacy, negotiations, arbitration, litigation, coercion, and even armed conflict. Drawing upon legal history, theory, national and international law, cases, commentators, and lessons from practice, we will examine how--both as a general matter and in specific cases--the international legal order enables the peaceful resolution of such disputes through national and international courts, international arbitration tribunals, and other dispute resolution mechanisms.
We will begin with an overview of basic public international law concepts, including the legal status of sovereigns and their authority, rights, and duties vis-à-vis individuals, corporations, and other sovereigns. We will discuss different types of disputes that may arise with sovereigns, and which dispute resolution mechanisms are most effective in resolving particular types of disputes.
We will cover the most important categories of disputes with sovereigns, including international investment disputes, commercial disputes, breaches of contract, takings in violation of international law, denials of justice, treaty violations, torts (such as wrongful detentions, human trafficking, terrorism, and torture), the recognition and enforcement of arbitration agreements and award, and violations of international human rights and humanitarian law. We will also address sovereign defenses to such claims, ranging from a lack of jurisdiction to sovereign immunity, the act of state doctrine, international comity, forum non conveniens, and the political question doctrine.
We will use case studies and examples from practice to examine where and how to litigate or arbitrate cases against sovereigns in national and international courts and tribunals.
The course will also cover bilateral investment treaties ("BITs") and investor-state arbitrations under the framework of the International Centre on the Settlement of Investment Disputes ("ICSID"), including key rights, duties, and theories of liability. We will also discuss sovereign-related disputes in other international venues, such as the International Court of Justice, ad hoc and United Nations tribunals, and the World Trade Organization.
Finally, we will conclude with a discussion of what it is like to practice in the field of international disputes and what jobs and career opportunities are available to new lawyers with an interest in public or private international law.
We also have special academic rules for these condensed courses:
-Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations).
-The Registrar’s Office will drop a student who does not attend each course session.
Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session.
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Exam Notes: (TH) Take-home examination
(Subject to change by faculty member only through the first two weeks of instruction)
Exam Length: 4 hours
Course Category: International and Comparative Law
This course is listed in the following sub-categories:
Social Justice and Public Interest
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Readers:
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Books:
Instructor has indicated that no books will be assigned.