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International Law

The Rogers College of Law offers a wide variety of courses in the area of international and comparative law, many of them taught by nationally and internationally recognized legal scholars. Independent study in most of these areas is also available. Additional information on faculty and course offerings can be found in the “Faculty” and “Academics” sections of this Website.

 

Key Faculty

 

James J. Lenoir Professor James S. Anaya received his B.A. from the University of New Mexico and a J.D degree from Harvard. he has served as a consultant for numerous organizations and government agencies on matters of human rights and indigenous peoples. He represents indigenous groups before courts and international organizations, such as the Inter-American Court of Human Rights. His subjects include International Law and Organizations, Human Rights, and issues concerning indigenous peoples.

 

Adjunct Professor Susan-Jacqueline Butler received J.D. and LL.M. degrees from University of Kiel, and is a doctoral candidate there. She received her LL.M. in international trade law from the University of Arizona. She teaches European Union Law.

Professor Kirsten H. Engel received a B.A. degree from Brown University and a J.D. from Northwestern University. She clerked on the Eighth Circuit Court of Appeals and taught at Tulane Law School and visited at Vanderbilt and Harvard law schools prior to coming to Arizona. She has also held posts in government, serving in the U.S. Environmental Protection Agency and as the Acting Chief of the Environmental Protection Division of the Massachusetts Office of Attorney General, and in the public interest sector. She teaches and writes in the areas of environmental law, administrative law, international environmental law, property and toxic tort law.


Samuel M. Fegtly Professor David A. Gantz received an A.B. from Harvard and J.D. and J.S.M. degrees from Stanford. He clerked on the Ninth Circuit Court of Appeals, served in a law reform project in Costa Rica, was an attorney with the U.S. State Department and a practitioner in Washington, D.C. before joining the law faculty in Arizona. . He has served in NAFTA Chapter 11, 19 and 20 panel proceedings. He writes and teaches in the areas of international trade law, international environmental law, trade and the environment, international business transactions and NAFTA, and directs the LL.M. in international trade law program at Arizona.

 

Robert Hershey holds a J.D. degree from the University of Arizona. He serves as director of the Indigenous Peoples Law Clinic. His courses include Globalization and the Preservation of Culture and Advanced Topics in Indian Law.

Associate Professor James C. Hopkins received his B.A. and LL.B. from the University of Toronto and an LL.M. from Harvard University. He is director of the Indigenous Peoples Law and Policy Program. His courses include comparative law of indigenous peoples, history of federal Indian law, indigenous economic development and NAFTA and other trade agreements.

 

Evo deConcini Professor Boris Kozolchyk received a doctorate in Law from the University of Havana, an LL.B. from the University of Miami, and an S.J.D. from the University of Michigan. He was a consultant with the Rand Corporation and directed a U.S.A.I.D. project in Costa Rica before joining the University of Arizona faculty. He is the founder of the National Law Center for Inter-American Free Trade, a research and training institution located in Tucson. He teaches and writes extensively in the areas of international commercial and banking law, comparative commercial law and letters of credit.

 

Professor Ana Maria Merico-Stephens received a B.A. from the University of Cincinnati and a J.D. from the University of Michigan. She clerked on the U.S. Court of Appeals for the Sixth Circuit. Professor Merico-Stephens teaches and writes in the areas of civil procedure, the federal courts and comparative law. She was born in Argentina. During Fall 2004, she visited and taught in Spain as a Fulbright Scholar.

 

Professor Leslye Obiora, received an LL.B. from the University of Nigeria, and LL.M. degree from Yale University, and an J.S.D from Stanford Law School. Her subjects include Public International Law, International Human Rights Law, and Feminist Legal Theory.

Adjunct Professor Burgess J. William Raby received a B.S. from Arizona State University, a J.D. from the University of Notre Dame Law, and an M.S. from Golden Gate University. His legal practice in Tempe, Arizona, focuses on international tax law and real estate. He teaches International Tax Law.

 

Associate Professor John A. Swain received an A.B. from Dartmouth and a J.D. from Yale University, where he served on the Law and Policy Review. He practiced tax law in Arizona before joining the Rogers College of Law faculty. His courses include international tax, federal taxation, estates and trusts, state and local taxation, non-profit organizations, and property.

 

Course Offerings

 

Comparative Commercial Law
This course will cover the following areas: The basic principles of comparative commercial law, including fairness in Anglo-American and Latin American commercial adjudications, commercialization of civil law and “civilization” of commercial law, commercial law at the end of the 20th Century, and the continuing commercial legal highway; comparative sales and contract law, including the United Nations Convention on Sales Law, UNIDROIT General Principles of Contract Law, and electronic Commerce (United Nations and International Chamber of Commerce Rules); comparative secured transactions law, including Article 9 of the UCC and National Law Center Draft of a Uniform Secured Transactions Law of the Americas; and comparative payments law, including negotiable instruments, bank deposits and collections, electronic funds transfers, and letter of credit law.

 

Introduction to Comparative Law
This is a foundational course concentrating on the fundamental features of different legal systems, with a focus on civil law systems in selected European and Latin American countries. It is one of the goals of this course to enable students to acquire knowledge of the basic elements of the civil law by providing a useful introduction to the field of comparative law. The basic structure, principles and jurisprudence of the civil law system will be explored and compared to those of the common law, leading the student to appreciate the strengths and weaknesses of both systems. The course examines legal systems based on materially different cultures and traditions creates awareness of the different historical, societal, and political traditions that affect law and legal institutions. This interdisciplinary awareness, in turn, helps to develop a better understanding of the operation of U. S. law by providing important baselines for comparison of our own traditions and institutions.

 

Comparative Law on Indigenous Peoples
The course entails an overview and analysis of the historical and contemporary legal treatment of indigenous peoples in select countries of the world, especially countries of Latin America and common law countries such as Canada, Australia and New Zealand. It will examine and compare the various domestic legal regimes as they concern areas of indigenous land rights, self-government, and traditional or customary justice systems. The focus will be on constitutional and legislative developments, case law, and the theoretical foundations for historical and recent developments. We will endeavor to identify common or divergent normative trends and to assess those trends in light of developing international legal standards.

 

European Union Law
The course will introduce students to the institutional structures in the European Union; community legislation and policy-making. For this purpose a basic knowledge of constitutional law, either of the United States or other countries will be helpful. The European judicial system and the relationships between national courts and the European Court of Justice (EJC) will receive particular attention. The course will explore leading decisions of the ECJ; the European Union's regulations of commerce; the Monetary Union and the future of the EU

.

Federal and State Multinational Tax Transactions

The course will concentrate on the principal legal and policy issues relating to multinational taxation, including the U.S.-Mexico Income Tax Treaty and similar agreements designed to avoid double taxation; U.S. taxation of foreign source income; “competent authority” and other procedures to resolve jurisdictional disputes; transfer pricing issues; and problems relating to information exchange and cooperation among different national tax authorities.


Globalization and the Preservation of Culture
This class explores humanity and inhumanity in an accelerated world. It asks, as capitalism approaches universality, what are the legal, social, and community obligations that accompany global participation? Does money equal wealth? How do technological innovations displace existing culture? If public morality supposedly resounds in the law, is morality bound to perpetual consumption? The class also examines the economic, social, cultural, religious and political consequences of globalization, the building of empires, the poetics of culture, the role of the judiciary in American expansionism, the logic of global capitalism, consequences of technologies, new measurements of progress, economic development, land use, agriculture, and the environment.

 

International Commercial Transactions
This course is designed to acquaint students with the basic concepts, principles, and rules of international sales, sales financing paper-based and electronic and payments, and transportation. It discusses the principle sources of international commercial transactions law (treaties, compilations of customary rules such as Incoterms and the Uniform Customs and Practices for Documentary Credits, some of the key transportation conventions and basic principles presently being drafted on e-commerce in the Americas.

 

International Environmental Law
This course will analyze the expanding framework of and the legal process leading to international regulation of the human environment, including regional and international regulation of air and water pollution and the protection of marine mammals and endangered species; the relationship between environmental and trade issues; protection of the “global commons”; conflicts between protecting the environment and economic development; enforcement of international environmental obligations by the United States and other nations; and regional regulation of environmental matters, including the NAFTA and the North American Agreement on Environmental Cooperation.

 

International Human Rights
This course will introduce students to aspects of public international law that are vital to understanding the human rights protection system. We will examine themes including universalism and cultural relativism, rights and duties as organizing conceptions, evolving notions of statehood and sovereignty and the relevance of the private-public distinction. The course stresses throughout the relationships among human rights norms, process, and institutions, as well as the relationship between international and internal orders. The topics include civil and political rights, economic and social rights, intergovernmental and non-governmental institutions, universal and regional regimes, democratization, self-determination and autonomy regimes, development, women’s rights, individual criminal responsibility, and foreign policy.

International Human Rights Advocacy Workshop
This workshop will provide instruction on the procedures and methods of international human rights advocacy, and it will engage students in live cases or advocacy efforts that have substantial international human rights dimensions. The workshop will focus mostly, although not necessarily exclusively, on advocacy strategies and cases involving the claims of indigenous peoples. Examples of such matters include: The claims of individuals and groups from the United States and other countries before international institutions such as the Inter-American Court of Human Rights and the United Nations Human Rights Committee; the use of international human rights norms in domestic judicial proceedings or in advocacy efforts before executive and legislative actors; efforts to develop declarations on indigenous peoples' rights and have them approved by the Organization of American states and the United Nations; Reporting to UN and OAS human rights institutions on the human rights conditions of individuals and groups in selected countries; the compilation of educational materials for human rights advocates.

 

International Human Rights and Indigenous Peoples
Over the last few decades, international law's human rights regime has developed to address the concerns of indigenous peoples worldwide, giving rise to new international norms and procedures that generally favor their cultural survival, land and resource rights, and self-determination. Because international law is part of the law of the United States by virtue of the Constitution and Supreme Court precedent, international human rights law as it concerns indigenous peoples does not just function on the international plane, but it also should be considered part of Federal Indian Law. This course provides students with an exposure to the theory and practice of international human rights law and to how it is developing in this field. Particular attention will be paid to developments in the U.N. and the Organization of American States, and how those developments relate to the domestic legal systems of the United States and selected other countries.


International Intellectual Property Law
This seminar is concerned with legal questions distilled by the increasing internationalization of intellectual property law, with a particular focus on copyright and trademarks. It examines key public and private international law issues implicated by the so-called “globalization” of intellectual property, such as legal responses to the transnational infringement of international property rights. Key public international law instruments that regulate international intellectual property law will also be considered. In addition, the seminar provides an opportunity to engage in comparative analysis of the approaches of different intellectual property regimes to various policy issues.

International Trade Law and Policy
This course analyzes the key legal and policy issues in international commerce, trade and investment. It focuses on the General Agreement on Tariffs and Trade and the World Trade Organization, NAFTA and trade remedies (antidumping, countervailing duties, safeguards, etc.) under United States and international law. Trade in goods, services, trade-related aspects of intellectual property, and to a limited extent, investment, will also be considered, along with U.S. export controls and the Foreign Corrupt Practices Act. Political and economic policy considerations as well as international and national statutory materials, cases and commentary will be examined in an effort to understand international trade law and the world trading system in theory and practice.

 

Advanced International Trade Law
This course builds on the legal and policy structure provided by the basic international trade law course and similar law and non-law courses taught elsewhere. It focuses on four important areas of contemporary international trade law: a) settlement of trade disputes under the WTO=s Dispute Settlement Body; b) the WTO Agreement on Agriculture and the Agreement on Subsidies and Countervailing Measures, including the impact on agricultural trade; c) the major trade remedy laws contemplated by GATT 1994 and the other WTO Agreements; and d) trade and economic development. Substantial class time will be spent on a moot court exercise devoted based on a hypothetical WTO dispute before the WTO's Appellate Body.

 

NAFTA and Other Regional Trade Agreements
This course will analyze in detail the legal structures of regional trade agreements, including but not limited to NAFTA. It will review GATT Article XXIV and the economic and policy debate (global vs. regional trade arrangements); discuss key aspects of NAFTA, including tariff elimination; rules of origin; intellectual property; services; the environment; and settlement of investment and other disputes. It will also analyze legal and policy issues relating to the (stalled) negotiation of a Free Trade Area of the Americas (FTAA), to the U.S. - Chile Free Trade Agreement, and to the Southern Cone Common Market (Mercosur). The Asean Free Trade Area (AFTA) will also be considered.

 

 

Updated: 08/10/2012