Course Schedule

In the global economy of the 21st century, arbitration is the dispute resolution procedure of choice for many international business transactions. This course teaches the principles of effective client representation in international arbitration. The course will employ a real world dispute in which the students will become counsel from initial consultation with the client to litigating the case. The semester will focus on developing the practical skills needed to represent your client in an international arbitration. The practical exercises–including writing a claimant’s and respondent’s brief, and presentations of oral arguments will all be centered around the same hypothetical, but quite detailed and real, international contractual dispute. Grading will be based on class participation, writing assignments and presentations of oral arguments. There is no mid-term or final exam. The final 6 weeks of classes will be participating in a mock arbitration. This class will meet once a week for two and a half hours (there will be no class on 3 weeks of the semester). Enrollment has been limited to a maximum of 12 students. There are no course prerequisites.

In the global economy of the 21st century, arbitration is the dispute resolution procedure of choice for many international business transactions. This course teaches the principles of effective client representation in international arbitration. The course will employ a real world dispute in which the students will become counsel from initial consultation with the client to litigating the case. The semester will focus on developing the practical skills needed to represent your client in an international arbitration. The practical exercises–including writing a claimant’s and respondent’s brief, and presentations of oral arguments will all be centered around the same hypothetical, but quite detailed and real, international contractual dispute. Grading will be based on class participation, writing assignments and presentations of oral arguments. There is no mid-term or final exam. The final 6 weeks of classes will be participating in a mock arbitration. This class will meet once a week for two and a half hours (there will be no class on 3 weeks of the semester). Enrollment has been limited to a maximum of 12 students. There are no course prerequisites.

In the global economy of the 21st century, arbitration is the dispute resolution procedure of choice for many international business transactions. This course teaches the principles of effective client representation in international arbitration. The course will employ a real world dispute in which the students will become counsel from initial consultation with the client to litigating the case. The semester will focus on developing the practical skills needed to represent your client in an international arbitration. The practical exercises–including writing a claimant’s and respondent’s brief, and presentations of oral arguments will all be centered around the same hypothetical, but quite detailed and real, international contractual dispute. Grading will be based on class participation, writing assignments and presentations of oral arguments. There is no mid-term or final exam. The final 6 weeks of classes will be participating in a mock arbitration. This class will meet once a week for two and a half hours (there will be no class on 3 weeks of the semester). Enrollment has been limited to a maximum of 12 students. There are no course prerequisites.

This survey course is designed to provide you with a broad overview of the skills and understanding you will need to advise clients on business transactions involving more than one country.  There are no prerequisites: no prior knowledge of business or international law is required.

The course will examine different ways in which a business can structure its international business transactions (e.g. entering direct import/export agreements; appointing foreign agents or distributors; transferring technology to foreign licensees; and establishing or acquiring foreign direct investments), along with the relative advantages and disadvantages of each approach.

We will analyze the unique contractual and regulatory issues presented by each type of transaction, focusing on relevant provisions of US law; multilateral treaties such as the World Trade Agreements (WTO) Agreements and the Convention on the International Sale of Goods (CISG); and regional agreements such as the Treaty on the Functioning of the European Union (TFEU) and the United States-Mexico-Canada Agreement (USMCA, formerly known as NAFTA).

Along the way, we will explore current policy debates on topics such as US-China trade relations; and the economic, social and security implications of the current legal framework for international trade and investment.  

International business transactions (IBTs) have become increasingly important in today's global economy, raising a host of complex legal and policy issues: What law(s) should govern international business contracts? Should the US impose tariffs on imports from China? Should it continue to participate in international organizations such as the World Trade Organization (WTO), and trade agreements such as the US-Mexico-Canada Agreement (USMCA)? What effects, if any, are likely to ensue as a result of the United Kingdom’s decision to “exit” the European Union (EU)?

This survey course is designed to provide you with a broad overview of the skills and understanding you will need to advise clients on these issues and more. We will focus on three primary types of IBTs:

• international trade transactions (import-export agreements)
• international technology transfer agreements (intellectual property license agreements); and
• foreign direct investment (establishment or acquisition of a foreign business operation).

There are no prerequisites.

At the end of the semester you should be able to understand the following concepts and apply them to specific fact situations:

• the main types of IBTS and their basic characteristics;
• sources of IBT law (e.g. domestic law; foreign law; customary international law; treaties such as the WTO, USMCA, CISG and the New York Arbitration Convention);
• regulatory issues raised by IBTs (e.g. customs law; trade remedies; export controls; foreign investment restrictions; corporate social responsibility rules)
• contractual issues raised by IBTs (e.g. choice of law; dispute settlement; payment & transportation)

International business transactions (IBTs) have become increasingly important in today's global economy, raising a host of complex legal and policy issues: What law(s) should govern international business contracts? Should the US impose tariffs on imports from China? Should it continue to participate in international organizations such as the World Trade Organization (WTO), and trade agreements such as the US-Mexico-Canada Agreement (USMCA)? What effects, if any, are likely to ensue as a result of the United Kingdom’s decision to “exit” the European Union (EU)?

This course is designed to provide you with a broad overview of the skills and understanding you will need to advise clients on these issues and more. We will focus on three primary types of IBTs:

• international trade transactions (import-export agreements)
• international technology transfer agreements (intellectual property license agreements); and
• foreign direct investment (establishment or acquisition of a foreign business operation).

There are no prerequisites.

At the end of the semester you should be able to understand the following concepts and apply them to specific fact situations:

• the main types of IBTS and their basic characteristics;
• sources of IBT law (e.g. domestic law; foreign law; customary international law; treaties such as the WTO, USMCA, CISG and the New York Arbitration Convention);
• regulatory issues raised by IBTs (e.g. customs law; trade remedies; export controls; foreign investment restrictions; corporate social responsibility rules)
• contractual issues raised by IBTs (e.g. choice of law; dispute settlement; payment & transportation)

This course is an introduction to the legal principles and practices involved in private business transactions that are international in character (i.e. transactions that involve the movement of goods, services, capital, knowledge or technology across the boundaries of different nations). The areas covered will include (1) import-export transactions, (2) licensing and distribution arrangements, and (3) foreign-direct investments.The course is intended to provide a broad overview for those planning to engage in general commercial practice, as well as a foundation for further study for those planning to specialize in the field of international business transactions. There are no prerequisites.  

International arbitration specialist practitioners, experienced in international disputes worldwide, provide students with legal knowledge and practical skills to navigate all aspects of international commercial arbitrations. Those include forum selection, analysis of various nations' arbitration laws, planning and drafting, arbitrator selection and challenges, enforcing arbitration awards. 

International commercial transactions almost invariably require international arbitration of disputes, so a lawyer who intends to practice across borders should know this area of practice. International arbitration is one area where states have delegated a judicial function to private individuals. Those individuals (arbitrators) enjoy wide discretion, act as judge and jury, and render globally portable awards that national courts review (for the most part) deferentially. Understanding that delegation, which can differ from country to country, allows students to appreciate what can, and should, be left to private ordering of disputes. The course will address the major topics in international arbitration: its contractual nature; the “who (court or arbitrator) decides” question; choice of law; arbitrator selection; the role of international treaties; and review and enforcement of arbitration agreements and awards. Student performance is evaluated on a final exam, but a substantial portion of the final grade depends on class participation.

International arbitration specialist practioners, experienced in international disputes worldwide, provide students with legal knowledge and practical skills to navigate all aspects of international commercial arbitrations. Those include forum selection, analysis of various nations' arbitration laws, planning and drafting, arbitrator selection and challenges, enforcing arbitration awards. 

International commercial transactions almost invariably require international arbitration of disputes, so a lawyer who intends to practice across borders should know this area of practice. International arbitration is one area where states have delegated a judicial function to private individuals. Those individuals (arbitrators) enjoy wide discretion, act as judge and jury, and render globally portable awards that national courts reivew (for the most part) deferentially. Understanding that delegation, which can differ from country to country, allows students to appreciate what can, and should, be left to private ordering of disputes. The course will address the major topics in international arbitration: its contractual nature; the “who (court or arbitrator) decides” question; choice of law; arbitrator selection; the role of international treaties; and review and enforcement of arbitration agreements and awards. Student performance is evaluated on a final exam, but a substantial portion of the final grade depends on class participation.

International arbitration specialist practioners, experienced in international disputes worldwide, provide students with legal knowledge and practical skills to navigate all aspects of international commercial arbitrations. Those include forum selection, analysis of various nations' arbitration laws, planning and drafting, arbitrator selection and challenges, enforcing arbitration awards. 

International commercial transactions almost invariably require international arbitration of disputes, so a lawyer who intends to practice across borders should know this area of practice. International arbitration is one area where states have delegated a judicial function to private individuals. Those individuals (arbitrators) enjoy wide discretion, act as judge and jury, and render globally portable awards that national courts reivew (for the most part) deferentially. Understanding that delegation, which can differ from country to country, allows students to appreciate what can, and should, be left to private ordering of disputes. The course will address the major topics in international arbitration: its contractual nature; the “who (court or arbitrator) decides” question; choice of law; arbitrator selection; the role of international treaties; and review and enforcement of arbitration agreements and awards. Student performance is evaluated on a final exam, but a substantial portion of the final grade depends on class participation.

International arbitration specialists experienced in international disputes worldwide provide students with the legal knowledge and practical skills necessary to navigate all aspects of international commercial arbitrations, including forum selection, analysis of arbitration laws and provisions, arbitrator selection and challenges, enforcement of arbitration awards, and more.

International commercial transactions almost invariably require international arbitration of disputes; so the transnational lawyer should know this area of practice.International arbitration represents one area where states have delegated a judicial function to private individuals. Those arbitrators enjoy wide discretion, act as judge and jury and render globally portable awards that suffer minimal state oversight. Understanding the terms of that delegation, which differ from country to country, will allow students to appreciate what can, and should, be left to private ordering of disputes. The course will address the major topics in international arbitration: its contractual nature; the “who (court or arbitrator) decides” question; choice of law; arbitrator selection; the role of international treaties; and review and enforcement of arbitration agreements and awards. Student performance is evaluated on a final exam, with a substantial portion of the grade dependent on class participation.

The 27710 section of this course will be taught in person but with the option of occasional remote participation via Zoom. If students require all remote participation, they must register for the 27711 section of this course, which is identical but web-based.

International arbitration specialists experienced in international disputes worldwide provide students with the legal knowledge and practical skills necessary to navigate all aspects of international commercial arbitrations, including forum selection, analysis of arbitration laws and provisions, arbitrator selection and challenges, enforcement of arbitration awards, and more.

International commercial transactions almost invariably require international arbitration of disputes; so the transnational lawyer should know this area of practice.International arbitration represents one area where states have delegated a judicial function to private individuals. Those arbitrators enjoy wide discretion, act as judge and jury and render globally portable awards that suffer minimal state oversight. Understanding the terms of that delegation, which differ from country to country, will allow students to appreciate what can, and should, be left to private ordering of disputes. The course will address the major topics in international arbitration: its contractual nature; the “who (court or arbitrator) decides” question; choice of law; arbitrator selection; the role of international treaties; and review and enforcement of arbitration agreements and awards. Student performance is evaluated on a final exam, with a substantial portion of the grade dependent on class participation.

The course will examine the development and current state of International Criminal Law. Among other topics, it will explore the history of international criminal justice from the aftermath of World War II to the recent establishment of the International Criminal Court, the “core crimes” of international criminal law, theories of criminal liability, and available defenses. It will also investigate a number of other topical issues in international criminal law, including the crime of international terrorism, U.S. policy towards the International Criminal Court, and dilemmas of transitional justice.

The course will examine the development and current state of International Criminal Law. Among other topics, it will explore the history of international criminal justice from the aftermath of World War II to the recent establishment of the International Criminal Court, the “core crimes” of international criminal law, theories of criminal liability, and available defenses. It will also investigate a number of other topical issues in international criminal law, including the crime of international terrorism, U.S. policy towards the International Criminal Court, and dilemmas of transitional justice.

The course will examine the development and current state of International Criminal Law. Among other topics, it will explore the history of international criminal justice from the aftermath of World War II to the recent establishment of the International Criminal Court, the “core crimes” of international criminal law, theories of criminal liability, and available defenses. It will also investigate a number of other topical issues in international criminal law, including the crime of international terrorism, U.S. policy towards the International Criminal Court, and dilemmas of transitional justice.

The course considers some of the most pressing global issues of our time through an overview of the history, theory, and practice of international human rights law, as well as the related fields of international humanitarian and criminal law. It identifies decades-long tensions about the legitimacy and meaning of human rights, with a focus on how those tensions are manifested in the national, regional (Latin American, European, and African), and international case law. Much of the course is organized around in-depth and comparative study of the adjudication of human rights claims about matters including racial, gender, and sexual equality; rights to property, housing, and health; rights of indigenous peoples; religion and culture; and humanitarian law. Students will be exposed to a broad spectrum of approaches to human rights—from conservative, libertarian, and liberal to critical race, feminist, Third World, and abolitionist. As a part of the course, students will work in teams to select, edit, analyze, and present a legal case on human rights to the rest of the class.

The early exam will be in the floating format with dates to be determined (it will start on/after November 15 and end before December 10).

This course is also open to non-law graduate and professional students with relevant background. The course contains the requisite coverage of Latin American materials for students pursuing MAs in Latin American Studies. 

The course considers some of the most pressing global issues of our time through an overview of the history, theory, and practice of international human rights law, as well as the related fields of international humanitarian and criminal law. It identifies decades-long tensions about the legitimacy and meaning of human rights, with a focus on how those tensions are manifested in the case law of adjudicatory and quasi-adjudicatory legal institutions created by international and regional treaties, as well as by domestic courts. Much of the course is organized around in-depth and comparative study of the adjudication of human rights claims about matters including racial, gender, and sexual equality; rights to property, housing, and health; rights of indigenous peoples; religion and culture; and humanitarian law. As a part of the course, students will work in teams to select, edit, analyze, and present a legal opinion on human rights to the rest of the class.

Non-law graduate students who are planning to graduate in May will not be able to get a final grade submitted in time for graduation. Thus, enrollment in this course would require a delay of graduation to August or December. Alternatively, students in the LBJ School of Public Affairs may take this course on a pass/fail basis if they still wish to graduate in May.

The early exam will be in the floating format between April 19 - April 22.

The course considers some of the most pressing global issues of our time through an overview of the history, theory, and practice of international human rights law, as well as the related fields of international humanitarian and criminal law. It identifies decades-long tensions about the legitimacy and meaning of human rights, with a focus on how those tensions are manifested in the case law of adjudicatory and quasi-adjudicatory legal institutions created by international and regional treaties, as well as by domestic courts. Much of the course is organized around in-depth and comparative study of the adjudication of human rights claims about matters including racial, gender, and sexual equality; rights to property, housing, and health; rights of indigenous peoples; religion and culture; and humanitarian law. As a part of the course, students will work in teams to select, edit, analyze, and present a legal opinion on human rights to the rest of the class.

Non-law graduate students who are planning to graduate in May will not be able to get a final grade submitted in time for graduation. Thus, enrollment in this course would require a delay of graduation to August or December. Alternatively, students in the LBJ School of Public Affairs may take this course on a pass/fail basis if they still wish to graduate in May.

The course considers some of the most pressing global issues of our time through an overview of the history, theory, and practice of international human rights law, as well as the related fields of international humanitarian and criminal law. It identifies decades-long tensions about the legitimacy and meaning of human rights, with a focus on how those tensions are manifested in the case law of adjudicatory and quasi-adjudicatory legal institutions created by international and regional treaties, as well as by domestic courts. Much of the course is organized around in-depth and comparative study of the adjudication of human rights claims about matters including racial, gender, and sexual equality; rights to property, housing, and health; rights of indigenous peoples; religion and culture; and humanitarian law. As a part of the course, students will work in teams to select, edit, analyze, and present a legal opinion on human rights to the rest of the class.

The course considers some of the most pressing global issues of our time through an overview of the history, theory, and practice of international human rights law, as well as the related fields of international humanitarian and criminal law. It identifies decades-long tensions about the legitimacy and meaning of human rights, with a focus on how those tensions are manifested in the case law of adjudicatory and quasi-adjudicatory legal institutions created by international and regional treaties, as well as by domestic courts. Much of the course is organized around in-depth and comparative study of the adjudication of human rights claims about matters including racial, gender, and sexual equality; rights to property, housing, and health; rights of indigenous peoples; religion and culture; and humanitarian law. As a part of the course, students will work in teams to select, edit, analyze, and present a legal opinion on human rights to the rest of the class.

Assets of foreign investors in host countries are vulnerable to actions by the host government. The wave of nationalizations in Venezuela and Ecuador are examples of how regime or governmental changes affect these investments. These acts have triggered the recent rise in investor-state arbitration with tens of billions of dollars in claims against host governments at stake. In the 20th Century, claims against states began with the Soviet nationalizations following the Russian Revolution, through the Mexican nationalizations in the early part of the 20th Century, and to the current day. Until relatively recently, claims were brought under direct contracts or arrangements with States. Today, the majority of these claims arise within a network of treaties that protect investors against the political risk of improper actions by host governments. This network includes multilateral treaties trade and investment treaties like the North American Free Trade Agreement (“NAFTA”), the Energy Charter Treaty, over 2,700 bilateral investment treaties (“BITs”), and the Washington (or ICSID) Convention. The treaties protect against expropriation, unfair treatment, and discrimination. Procedural protections include arbitration against the State itself, outside the host country. Most recently, the Argentine economic crisis of 2001-2001 led to claims based on the government’s actions in response. Beyond economic crises, host governments will sometimes seek to change the terms of the foreign investor’s deal when commodity prices change. This has occurred in recent years with special frequency in the energy sectors. Bolivia announced nationalizations of foreigners’ oil and gas interests there. Venezuela has taken over foreign companies’ oil and gas projects as well as foreign-owned banks. Ecuador took similar actions against foreign investors. Indeed, Argentina made world headlines this year in expropriating the interest of a Spanish company, after significant unconventional oil and gas was discovered in that country. In short, the front page of any international newspaper daily recounts such acts and political changes that may presage such moves. Investor-state arbitration has had an obvious impact on foreign governments. As governments contemplate policies, they are concerned because they can now be sued, directly, by foreign investors. Awards are paid from the national treasury. Many states have begun to question the wisdom of the entire investment protection scheme as it is currently configured, and they have begun to curtail their commitments in investment-protection treaties. The course will therefore address the inevitable political, economic, and policy questions raised by this significant cession of sovereignty to private actors. The course will introduce students to investor-state arbitration. With a brief introduction of cases that arise from contracts, the course will then turn to the network of treaty protection and its practical implementation. Students will be taken through the identical arbitration process as that experienced by investors in some of the most important cases in recent years. Core materials for this course include the United Nations Conference on Trade and Development and arbitral awards involving claims against foreign governments. To provide the business background of energy deals, guest speakers from major international companies will clarify the real stakes of this emerging area of international arbitration. Assessment will be based on class participation and a final exam.

Assets of foreign investors in host countries are vulnerable to actions by the host government. The wave of nationalizations in Venezuela and Ecuador are examples of how regime or governmental changes affect these investments. These acts have triggered the recent rise in investor-state arbitration with tens of billions of dollars in claims against host governments at stake. In the 20th Century, claims against states began with the Soviet nationalizations following the Russian Revolution, through the Mexican nationalizations in the early part of the 20th Century, and to the current day. Until relatively recently, claims were brought under direct contracts or arrangements with States. Today, the majority of these claims arise within a network of treaties that protect investors against the political risk of improper actions by host governments. This network includes multilateral treaties trade and investment treaties like the North American Free Trade Agreement (“NAFTA”), the Energy Charter Treaty, over 2,700 bilateral investment treaties (“BITs”), and the Washington (or ICSID) Convention. The treaties protect against expropriation, unfair treatment, and discrimination. Procedural protections include arbitration against the State itself, outside the host country. Most recently, the Argentine economic crisis of 2001-2001 led to claims based on the government’s actions in response. Beyond economic crises, host governments will sometimes seek to change the terms of the foreign investor’s deal when commodity prices change. This has occurred in recent years with special frequency in the energy sectors. Bolivia announced nationalizations of foreigners’ oil and gas interests there. Venezuela has taken over foreign companies’ oil and gas projects as well as foreign-owned banks. Ecuador took similar actions against foreign investors. Indeed, Argentina made world headlines this year in expropriating the interest of a Spanish company, after significant unconventional oil and gas was discovered in that country. In short, the front page of any international newspaper daily recounts such acts and political changes that may presage such moves. Investor-state arbitration has had an obvious impact on foreign governments. As governments contemplate policies, they are concerned because they can now be sued, directly, by foreign investors. Awards are paid from the national treasury. Many states have begun to question the wisdom of the entire investment protection scheme as it is currently configured, and they have begun to curtail their commitments in investment-protection treaties. The course will therefore address the inevitable political, economic, and policy questions raised by this significant cession of sovereignty to private actors. The course will introduce students to investor-state arbitration. With a brief introduction of cases that arise from contracts, the course will then turn to the network of treaty protection and its practical implementation. Students will be taken through the identical arbitration process as that experienced by investors in some of the most important cases in recent years. Core materials for this course include the United Nations Conference on Trade and Development and arbitral awards involving claims against foreign governments. To provide the business background of energy deals, guest speakers from major international companies will clarify the real stakes of this emerging area of international arbitration. Assessment will be based on class participation and a final exam.

Course content and description: International Petroleum Transactions considers the legal issues and transactions relating to the exploration, production, and marketing of petroleum—the most important commodity traded worldwide and hence the most politically charged. Coverage includes how countries establish and allocate sovereignty over petroleum, how countries settle competing claims to oil and gas reserves, how host governments or state-owned oil companies contract with private companies to explore and develop oil and gas resources, how companies contract with each other to share risk, how companies contract with drilling contractors and services providers; how petroleum is marketed; and how disputes are resolved. The course offers a unique mix of both public and international private law.

Professor's goals: Help students develop better analytical skills--especially the ability to critically evaluate contracts and host government law. Help students gain a basic understanding of how crude oil and gas are exploited and marketed worldwide. Help students learn about the unique aspects of acquiring valid exploration and development rights in a foreign country, about pursuing those rights, and the legal ramifications of, and risks associated with, an upstream petroleum investment in a foreign country.

Prerequisites, co-requisites, and sequencing: None.

Course requirements: Regular class attendance, class preparation, and participation (including thoughtful responses to questions posed).

Materials: Anderson, Weaver et al., International Petroleum Transactions (RMMLF [FNREL] 2020). Additiona materials will be posted on Canvas.

Course content and description: International Petroleum Transactions considers the legal issues and transactions relating to the exploration, production, and marketing of petroleum—the most important commodity traded worldwide and hence the most politically charged. Coverage includes how countries establish and allocate sovereignty over petroleum, how countries settle competing claims to oil and gas reserves, how host governments or state-owned oil companies contract with private companies to explore and develop oil and gas resources, how companies contract with each other to share risk, how companies contract with drilling contractors and service providers; how petroleum is marketed; and how disputes are resolved.

Professor's goals: Help students develop better analytical skills--especially the ability to critically evaluate contracts and host government law. Help students gain a basic understanding of how crude oil and gas are exploited and marketed worldwide. Help students learn about the unique aspects of acquiring exploration and development rights in a foreign country, about pursuing those rights, and the legal ramifications of how exploiting parties realizes a return on this type of foreign investment.

Prerequisites, co-requisites, and sequencing: None—although students who have taken other oil and gas classes may be slightly advantaged over those who have not.

Course requirements: Regular class attendance, class preparation, and participation (including thoughtful responses to questions posed).

Materials: Anderson et al., International Petroleum Transactions (RMMLF 2020. Additiona materials will be posted on Canvas.