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Courses

This page contains information on the courses offered by the team of Professor Morawa´s Chair on Comparative and Anglo-American Law. Each semester, separate comprehensive lists of courses offered as part of the Transnational Legal Studies Program are being published. The current list is available for download in the sidebar.

Courses offered by the Chair in the Spring and Fall 2009

  • Civil/Human Rights Workshop
    • Prof. Alexander H. E. Morawa, S.J.D.
    • Spring 2009
    • Few areas of the law are purely domestic any more. The field of civil and human rights is probably the most outstanding example. Not only do the international obligations of states determine, to a considerable extent, the scope and reach of the civil rights guaranteed domestically, but international procedures have become an integral part of the "appeals" process in all matters that affect rights and liberties as well. Students should be aware of these procedures, how they affect and interact with domestic administrative and judicial structures, and how they could be useful to them as legal practitioners.

      In this course, we will litigate a (fictitious) human rights case all the way from filing the international complaint to the final judgment or decision of the international court or tribunal. Students will play the various roles of lawyers for the applicants, government agents, and judges/members of the international tribunal(s).

      Classes will meet - apart from introductory, mid-semester, and concluding sessions - to conduct conferences, hearings, court deliberations, etc. In between classes, students will have regular team meetings during which strategies are devised and briefs/oral arguments prepared (lawyers´ teams), or briefs and arguments studied and decisions/judgments prepared (judges´ teams). Students will experience in-depth how international legal standards are applied and interpreted, how lawyers operate in international practice, and how arguments are similar or different depending on the forum. Students will also learn the art of evaluating arguments independently and how the roles of international judges
      are defined.

      Excursion: Participants will also have an opportunity to travel to Strasbourg or Geneva to visit the European Court of Human Rights, the Office of the United Nations High Commissioner for Human Rights, and other international organizations and NGOs.
  • Cultural Property in Times of Conflict
    • Ass.-Prof. Lauren F. Redman, JD, LL.M.
    • Spring 2009
    • This course introduces students to the fundamentals of cultural property law as it relates to war. The course will examine looting in three major conflicts: World War II, the Balkan wars, and the Iraq war. Students will examine wartime preservation measures including international legal obligations to preserve cultural heritage during times of war. Relevant treaties will be studied to understand this obligation. In addtion, students will learn about post-war restitution efforts, specifically litigation of art restitution cases in domestic courts.

      This course is taught as a seminar. The students will learn the importance of cultural property and the right to culture as human right by reading articles and cases and discussing the concepts of cultural property in times of conflict.
  • International Organizations
    • Prof. Mark Wojcik, JD, LL.M.
    • Spring 2009
    • This two-part course introduces students to the international law governing international organizations, and to practical aspects of their work.

      The first part of the course is part of the curriculum of Stetson University School of Law (Florida) and is open to UNILU students by special agreement.

      The course is offered in two parts: Part I involves visits to international organizations in Geneva from Wednesday, March 25 to Thursday, March 27, 2009. The city is home to more than 200 international organizations, including the United Nations, the World Trade Organization, the World Health Organization, the International Committee of the Red Cross, the European Free Trade Association, the International Labour Organization, the International Organization for Migration, and the World Intellectual
      Property Organization. The group will visit some of these organizations for presentations and discussions of international organizations and their role in the development of international standards and international law.

      Part II will be taught in traditional Gastlehrveranstaltung-style later during the Spring 2009 semester.
  • Modern Foreign Relations Law and Diplomacy
    • Prof. Alexander H. E. Morawa, S.J.D.
    • Spring 2009
    • This course firstly introduces students to the basic concepts of diplomacy and how law (international and domestic) governs the conduct of foreign affairs. It then looks at case studies and current events to examine the practice of diplomacy and foreign relations law today. We will see how and why traditional forms of inter-state relations have changed in recent times and which new actors take part in, and in part dominate "diplomacy" and the formulation of foreign relations in law and practice (international
      organizations, popular movements, domestic stakeholders, multi-national corporations, etc.). We will also contemplate the question of the "use of force" by governments and nations when pursuing their foreign policy objectives, and how the current climate in international relations has affected the legal
      standards that govern them.

      This course constitutes not only an introduction to the development of the law of diplomatic relations but also proposes a more contemporary and contextualized perspective on the current challenges that this area of domestic and international law faces today. Through the study of this evolution from traditional forms of diplomacy to the current structures of diplomatic action, students will enhance their comparative skills as well as acquire a critical appraisal of the application of the normative framework in this area.
  • The Quest for Justice: The Transition to a Democratic Society
    • Prof. Alexander H. E. Morawa, S.J.D.
    • Spring 2009
    • This course will be taught in part as a Block Seminar, followed by three meetings throughout the semester to discuss progress on the papers. The block part will take place in a lovely Swiss ski village (two nights’ stay, with the opportunity to ski when class does not meet). Costs to students for the stay are estimated at CHF 160-180 [lodging and three meals per day]).

      In this course, we will take a closer look at two elements of justice that define, as it were, a democracy:
      (1) transitional justice, which in a new democracy aims at correcting past wrongs while at the same time fostering reconciliation, and
      (2) distributive justice, which aims at securing social equality by striking a fair balance between individual and community rights and entitlements.

      We will consider, in particular, which remedies – or tools – a democratic legal system must make available to individuals (and, in turn, decision-makers) to advance justice. In transitional situations, that will be remedies such as criminal prosecutions; the discovery, disclosure, and correction of past abuses (corrective justice), as well as prevention through safeguards against future challenges to the new democracy from within as well as from outside. Distributive, or social, justice will hinge upon the regulatory power of the state on one hand and the strength and efficiency of an individual rights regime on the other.

      This course is taught as a seminar and, in part, as a workshop. The students will participate in practical exercises and learn concepts by experience. Each student is also required to conduct an individual project and present it in class This course is limited to 12 participants (on a first-come first-served basis, including a waiting list). Please pre-register by sending an e-mail to transnational-program@unilu.ch.
  • Transnational Litigation (Human Rights)
    • Ass.-Prof. Lauren F. Redman, JD, LL.M. and Prof. Alexander H. E. Morawa, S.J.D.
    • Spring 2009
    • This course introduces students to the fundamentals of transnational litigation in domestic courts. The focus of the course is on individual v. state and human rights litigation. In exploring these concepts, the course will focus on jurisdiction to adjudicate, including subject matter jurisdiction, jurisdiction over parties and issues of immunity; choice of forum and parallel proceedings; choice of law; international judicial assistance, and possibilities and limits of enforcing foreign judgments. The course will address matters that are of interest to lawyers who intend to operate in a modern, international environment where pursuing a client’s interests will at least occasionally require a look at litigation strategies that cross jurisdictional lines.

      This course is an interactive lecture course and requires student participation throughout. In addition, there is a practical component which is a small moot court exercise by which students can put the concepts they have learned into practice and gain oral advocacy and brief writing experience.
  • Introduction to the Methods of Comparative Law: Disputes and their Resolution
    • Prof. Alexander H. E. Morawa, S.J.D.
    • Fall 2009
    • This course introduces you to the methods of comparative law by looking at an issue that is common to all societies, the need for effective mechanisms for dispute resolution in the realm of public law. Please note that this is a methods-focused course that seeks to acquaint you with the approaches to comparing laws and other general norms as well as judicial and other decisions.

      We will look into the legislative frameworks and practical workings of constitutional mechanisms that are set up to peacefully resolve conflicts and crises within democratic states. We will address the role of courts and other judicial bodies – in particular supreme and constitutional courts – in settling disputes between the legislative and executive branches of government and between central and regional authorities in federal states.

      Furthermore, we will examine grievance and complaints procedures available to individuals, considering that «[t]he very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury» (Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)).

      We will also look into new methods of remedying grievances, such as Ombudspeople, truth and reconciliation commissions, arbitration and mediation, and briefly address the question of «private courts».
  • Terrorism and the Law
    • Prof. Alexander H. E. Morawa, S.J.D.
    • Fall 2009
    • The balance of the needs of law enforcement agencies in the fight against terrorism and the rights of individuals – both terrorist suspects and the general public – are a matter of extensive discussion. This course will examine the scope of permissible and impermissible operations to combat terrorism by examining and comparing rules of domestic and international law and practice. We will focus on the effort lawmakers and courts have placed on striking a balance between the protection of the public and the preservation of a democracy-based rule of law.

      We will discuss inter alia the following topics: the roots and causes of terrorism; the question of a definition of terrorism, or the absence thereof; civil and military detention of terrorist suspects; interrogation practices; due process v. national security; the scope of counterintelligence operations, in particular those of an extra-territorial character; terrorism and immigration law; non-criminal sanctions, or suing terrorists in court; and targeted killings.
  • Ethnic Relations Law from a Comparative Perspective
    • Prof. Alexander H. E. Morawa, S.J.D.
    • Fall 2009
    • This course examines national legislation and practice that addresses the co-existence of distinct ethnic groups in certain countries. It focuses on societies in the aftermath of ethnic conflict and civil unrest and on countries that have a long-standing tradition of minority governance by law, have large populations of minority groups (multi-ethnic societies), or have significant movements of migrants within their borders. Towards the end of the course, we will discuss the question of new minorities (immigrant communities, gender, sexual orientation, etc.), with particular attention to affirmative programs aimed at correcting historical discrimination. Attention will be paid to the design of legislative frameworks for maintaining a balanced approach to ethnic relations, in particular specific minority laws. The significance of national legal models for international treaty-making as well as the effects of international legal obligations on domestic legal practice will also be examined.

Previous Courses

  • Health and Human Rights
    • Prof. Mark Wojcik, JD, LL.M.
    • Fall 2008
    • This course will provide an overview of health law issues in an international context, with a special focus on the creation and enforcement of national and international health law norms, both generally and in specific contexts such as AIDS, SARS, avian bird flu, other diseases, and other natural catastrophes. Students will look at health generally in the context of international organizations, standards (both nationally and regionally), treaties, and regulation of health workers. Then, students will examine the impact of the pharmaceutical industry on public health law with respect to patent protection, lobbying, drug development, fraudulent drugs, and the measures international treaties and national legislation have taken to liberalize trade of pharmaceuticals. For instance, what are the protocols for testing under the U.S. Food and Drug Administration and should there be modified protocols for developing countries? Other issues in the course materials will be privacy, outsourcing of records, medical identity theft, and weighing the balance of health with human rights.
  • International Business Litigation, with a Special Focus on the US
    • Prof. Mark Wojcik, JD, LL.M.
    • Fall 2008
    • This course deals with aspects of international business law that are of particular interest to both law students with an “international focus” and practicing attorneys who are involved in multi-national litigation, in particular in the United States. The course will start with a closer look at contract drafting, including such provisions that address venue, geographical and other limits to litigation, and arbitration clauses. Students will then examine select topics of international business litigation, such as: forum selection, case processing in US courts, discovery, service of process, and disclosure. Further topics will revolve around special issues of US civil procedure law and will include the relationship between litigation and arbitration, anti-suit injunctions, and the enforcement of civil judgments in an international setting. Also, questions relating to foreign sovereign immunity (the FSIA and related statutes, current problems such as the litigation concerning pieces of art) and the extraterritorial application of US law, for instance of anti-trust statures, will be discussed.
  • International Contracts
    • Prof. Stathis Banakas, Ph.D.
    • Fall 2008
    • In the First Part, after a general introduction to the main issues arising in international contracts, this course will examine international legal regimes that may govern them: the United Nations Convention on the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, and the Draft Common Frame of Reference of Contract law submitted to the EU Commission. The Second Part of the course will consist of a Comparative look at English and American Contracts Law in the light of recent developments in the two legal systems that have further widened the gap between two originally identical systems. The common law in the two countries will also be compared to statutory law, the UCC and the principles of the Restatement of Contracts. It will be demonstrated that, despite their actual differences in detail, American and English Contracts law have common basic principles and techniques, and embody modern and exciting ideas of Contracts policy, offering a dynamic alternative to the International legal regimes examined in the First Part.