Classes will meet on weekdays in the mornings and afternoons, and no courses will be offered simultaneously. Classes will be limited in size in order to facilitate interaction between faculty members and students. Foreign students considering further study or the practice of law in the United States will benefit especially from the Introduction to American Law course, from the case method of teaching, and from frequent interaction with faculty members and fellow students. Classroom instruction will be supplemented by visits to international organizations and law firms.
Courses will be divided into two two-week terms, each of which (except for Introduction to American Law) will be taught by faculty members from different legal cultures in order better to expose participants not only to comparative law studies but also to different teaching methods. Students may enroll in as many as three courses for a maximum of six semester hours of credit. Students must enroll in the same courses for both terms of the program. Netherlands lawyers may, however, attend a single course for one or both terms.
All instruction will be in English. Written materials for each course will be supplied at no extra charge at the time of registration at the Institute. Any additional reference materials will be made available at the program site. Library facilities will be available at the Leiden University. Students will also have access to computer facilities.
Those participants who are matriculated at Duke University School of Law may apply academic credits earned in the program toward their degree requirements. Member schools of the Association of American Law Schools normally will award J.D. credit for any course satisfactorily completed in the program as well. The program of study is offered as part of the fully accredited curriculum of the Duke University School of Law.
Richard Schmalbeck and Irma Johanna Mosquera Valderrama
This course is an introduction to international income taxation of business transactions. After a brief explanation of basic income tax concepts, the principal rules of taxation relating to international business will be examined. The course will then focus on how the United States’ rules interact with taxation systems in other countries, exploring the concepts of source of income and residence of the taxpayer, and their role in the tax rules relating to international trade. The second term of the course will focus on bilateral tax treaties as a means of promoting crossborder investments and international trade through the avoidance of international double taxation. The OECD model treaty will be examined as an illustration of the interaction between double tax treaties and domestic regulations. Finally, the course will explore recent developments in the international effort to reduce tax-base erosion and income shifting among taxing jurisdictions.
Helen Duffy and Jayne Huckerby
This course provides a framework for understanding strategic human rights litigation and advocacy, assessing its limitations and challenges, as well as positive impacts. As advocates around the globe increasingly resort to litigation and advocacy—in national, regional, and international courts and/or forums—to protect and promote human rights, this course will explore what difference this litigation and advocacy makes in the real world, when and why. It will grapple with the legal, strategic, and other choices that are made around issues such as which rights’ violations to focus on in a given context; how to frame rights’ claims; where to lodge claims and choice of forum; building the evidence-base for claims (e.g., through fact-finding); remedies sought; and the ways in which strategic litigation and advocacy feature a range of human rights methodologies (e.g., documentation and messaging). The course will examine the multiple actors against whom strategic human rights litigation and advocacy is directed, from governments to non-State actors (e.g., corporations), to inter-governmental actors (e.g., the United Nations), considering how these different targets affect the legal claims and forums available to advocates. Issues ranging from the role of social movements, victims, and their representatives, in human rights litigation and advocacy to the challenges in the enforceability of judgments, will also be addressed. This course will draw heavily on case studies to illustrate these issues and to provide insight into the broader question of how to assess and enhance the effectiveness of strategic human rights litigation and advocacy in the future.
Rachel Brewster and Anna Marhold
This course will explore how trade relations between states are negotiated and governed in regional and multilateral institutions. The course highlights the pluralistic and overlapping structure of modern international trade law where dozens of preferential trade agreements supplement and compete with the WTO's multilateral trade rules. The course will focus on two specific challenges to the international trade system: resolving disputes over trade agreements and negotiating food security concerns. The first half of the course focuses on how states resolve disputes once agreements have been negotiated. Topics include who has standing to bring claims, the remedies available when breaches occur, and how to manage similar and competing claims in different institutional fora. It will also examine a range of possible mechanisms to enforce agreements, including retaliation, monetary penalties, voluntary financial compensation, and renegotiation. In the second half, the course will explore how shifting food prices can leave vulnerable populations without access to sufficient food resources and how regional and multilateral agreements have separately addressed such food security concerns. This part of the course examines how specific trade policy tools, such as subsidies, export restrictions, and stockpiling regimes, are negotiated between governments and affect the availability of food resources.
Carsten Stahn and Laurence Helfer
There are two dozen international courts (ICs) in operation today with jurisdictions covering a broad array of subjects. ICs have issued myriad rulings on issues including the conduct of individuals during armed conflicts, respect for human rights, the legality of trade restrictions, territorial claims in the oceans and on land, and the protection of health, safety, and the environment. How have ICs established and maintained their authority and their legitimacy? Do different institutional design features—such as jurisdictional provisions, access rules, and standing requirements—affect whether ICs are effective in changing the behavior of states? What role do lawyers, national judges, and NGOs play in filing cases and promoting compliance with international judicial rulings? And what are the risks of backlash against ICs that overreach? This course explores these questions through a comparative analysis of global and regional ICs. Students will be exposed to different theoretical perspectives on international adjudication and to the decisions of a range of judicial bodies, including the International Court of Justice, the International Criminal Court, human rights courts in Africa, the Americas and Europe, and regional economic integration courts. More generally, the course analyzes the opportunities and challenges associated with building an effective system of adjudication in international law.
Curtis Bradley and Joris Larik
This course will consider some of the legal issues common to constitutional democracies, as well as to the European Union (EU) as a supranational entity, in allocating authority in the conduct of foreign affairs. These issues include the distribution of powers between the legislative and executive branches relating to topics such as the making and unmaking of treaties, the conduct of diplomatic relations, and the use of military force. They also concern the constitutional and other questions that can arise when nations delegate sovereign authority to international institutions. Moreover, in federal systems and in the EU, there are issues relating to the vertical distribution of authority between the federal/supranational whole and its constituent parts in situations in which foreign affairs are implicated. The course will further consider the proper role of courts in addressing foreign affairs questions, including their role in applying international law. Finally, the course will reflect on broader issues concerning the nature of foreign relations law as a field of study and the potential benefits and pitfalls of comparative research in this area, drawing in part on the findings of the forthcoming Oxford Handbook of Comparative Foreign Relations Law, which is edited by Prof. Bradley. The first half of the course will compare and contrast how various constitutional democracies address common legal issues relating to foreign affairs. The second half will focus on how these issues are addressed within the system of external relations of the European Union and its Member States. The course will draw on contemporary examples and developments from various jurisdictions.