The seminar will familiarize students with the latest issues, strategies, and developments in international human rights and environmental litigation (IHREL). In response to a number of legal and political dynamics, IHREL is gradually being “off-shored” outside the U.S. federal court practice that cultivated many of its core concepts, to foreign national courts and international forums including non-U.S. national courts, human rights bodies, arbitral panels, and elsewhere (although U.S. courts play a key role even in this “off-shoring” process). Familiarity with the comparative advantages and disadvantages of a diversity of forums and the complexity of the forum selection process is key. In addition to a new level of forum complexity, IHREL is facing growing complexity in other areas we will explore: complex plaintiffs, complex defendants, and complex rights at stake. The seminar will focus on exploring the details of and challenges presented by actual contemporary or even pending cases, and analyzing the corresponding strategic decisions made by parties and counsel. In addition to legal reasoning, the seminar will focus on persuasion—what works and why. The seminar will also focus on issues of legitimacy and ethics, which are constantly raised by all sides in this “hyperjuridictional” world of forms and practices.
Current & Previous Instructors:
Aaron Marr Page;
|This course is not currently scheduled.|