International Law Certificate
I. Overview
Capitalizing on its special curriculum, internationally recognized faculty and Silicon Valley location, the law school offers a program intended to prepare the student in an international career in the 21st Century.
Public international law binds states in their relations with each other, as well as persons on whom such law bestows rights and duties. It comprehends political, social, economic and humanitarian issues, both globally and regionally.
In addition to the traditional areas of public international law, which create a constant demand for legal talent, the practice of private international law has undergone significant growth as businesses now compete in international markets, and avail themselves of investment opportunities in newly opened markets.
The certificate in international law course of studies prepares students to address these legal issues.
II. Notice of Intent
Students who intend to qualify for the International Law Certificate are required to file a Notice of Intent with the Office of the Center for Global Law & Policy. This Notice is for tracking purposes, and will not be used to determine a student’s eligibility for the Certificate. The Center for Global Law & Policy uses the information obtained from the Notices to plan the number and frequency of course offerings.
III. Requirements for International Law Certificate
The international Law Certificate is a specialty in international law available only to matriculated Santa Clara University J.D. students. The ILC is administered by the Center for Global Law & Policy. Courses taken at other universities or institutions do not count toward the ILC, except as stated below.
Students who successfully complete each of the stated requirements will qualify for an ILC.
A. Core Course Requirements
Successfully complete a minimum of 12 units total, consisting of 6 units from the list of Approved International Law Certificate Courses.
Of the 12 units required, students must successfully complete:
AND at least one of the following courses:
216 International Business Transactions
217 Regulation of International Business Transactions
B. Elective Units
The remaining required 6 units must be taken from the list of Approved International Law Certificate Courses and successfully completed.
C. Minimum GPA/Mandatory Grades
Students must achieve a minimum grade of a B- for any course counting toward the ILC. In addition, the overall GPA in courses and the Summer Law Study Abroad Program counting toward the ILC must be a B or higher. All work must be taken for a grade.
D. Writing Requirement
Complete a substantive research paper that analyzes a relevant issue or cutting-edge problem related to international law. The purpose of the paper is to demonstrate the student's ability to identify, thoroughly analyze, and write about a relevant substantive legal issue or problem. The paper topic should be sufficiently broad in scope, contain analysis and/or critique of the subject chosen and propose a practical or theoretical resolution (or some combination thereof) to the issue.
Students must submit to the office of the Center for Global Law & Policy prior to graduation:
(1) one clean (unmarked) copy of the approved paper;
(2) one electronic copy in Microsoft Word format;
(3) an original, completed, signed Library Release Form; and
(4) an original, completed, signed Certificate of Originality.
Heafey Law Library will maintain a collection of these projects. To review International Law Certificate papers placed on reserve from previous years, please visit the Law Library and request reserve materials.
The writing requirement can be satisfied in one of three ways:
1. Complete an original piece of writing on a current topic approved by and under the supervision of a full-time international law faculty member. Students may have adjunct faculty supervisors only with prior approval of the Assistant Dean for International and Comparative Law. Students may use a comment or article written for the Santa Clara Law Review; however, the paper must independently be reviewed and signed-off by a full-time faculty member. Submission or acceptance of a comment or article by an SCU journal does NOT automatically satisfy the writing requirement for the ILC.
2. Complete a brief for the Jessup Moot Court Competition, which brief is approved by the faculty advisor to the Competition.
3. Receive the grade of B- or higher on a substantive paper that has been or will be submitted in one course from the list of Approved International Law Certificate Courses for which a written paper has been or will be used as a method of evaluation, and which paper satisfies the paper requirements stated below. Students who seek to satisfy the writing requirement in this manner must obtain the approval and signature of the professor who taught the course on the ILC application form. Papers written for classes that are not from the list of Approved International Law Certificate Courses may be considered for approval in special circumstances; provided, however, that the overall content of the paper is grounded in international law, meets all other substantive requirements, and is approved by both the professor who taught the course and the Assistant Dean for International and Comparative Law.
Additional Guidelines for Submission of the ILC paper
All papers submitted for the ILC must be a minimum of 20 pages in length, and must consist of substantive legal analysis. Papers that do not qualify for the ILC include outlines, agreements, memoranda, and letters. A paper, brief or motion may count toward this requirement only if: (i) it is entirely original to the student (i.e., no sections were written or significantly edited by any other person); and (ii) it was drafted specifically for a course at Santa Clara University School of Law, or a national or regional moot court or trial competition; and (iii) it otherwise satisfies the requirements for the ILC paper. Edits made under the direction or suggestion of a Santa Clara University School of Law professor during the review process of the paper are acceptable and do not conflict with this originality requirement. If you have any questions regarding whether a paper will qualify for the ILC, contact the Assistant Dean for International and Comparative Law.
Following is the required format for the paper:
1. Title page listing the following information:
a. Title of the paper
b. Full legal name of author
c. Date of submission
d. Course Name (if applicable)
e. Name of professor who approves the paper
2. Table of Contents
3. Footnotes preferred
4. Font size of 10-12 pt.
5. Standard 1-inch margins
6. Single-sided print on white paper only
Submitted papers that do not comply with this format, even if signed off by a faculty member, will be returned to the student, and the issuance of an ILC will be delayed until the formatting requirements are fully satisfied.
E. Summer Overseas Law Session Requirement
All students desiring an International Law Certificate must complete one of the School of Law Summer Law Study Abroad Programs. Summer overseas programs administrated by any school other than Santa Clara University School of Law will not satisfy this requirement. If International Law, International Business Transactions, or Regulation of International Business Transactions is offered for three semester units or more of credit at a Santa Clara University School of Law summer law study abroad program, the course(s) will satisfy the core course requirement. The units, however, do NOT count toward the 12 units required for the Certificate. In such case, all 12 required units must be taken from the list of Approved International Law Certificate Courses. For example, if a student were to take International Law (3-units) on the Oxford program, the student need not take International Law again. However, the student must still take 12 units from the Approved International Law Certificate Courses, including either International Business Transactions or Regulation of International Business Transactions. Specific questions regarding the SCU summer law study abroad programs should be directed to the Center for Global Law & Policy.
F. Transfer Units
All academic work must be taken at Santa Clara University School of Law, including at a Santa Clara University School of Law Summer Law Study Abroad session, unless prior approval is granted by the Assistant Dean for International and Comparative Law. Approved credit from other institutions may be applied toward the ILC only if the grade of B- or higher was earned, and those credits applied from other institutions will be transferred only as credit for purposes of calculating the ILC GPA.
G. Applying for a Certificate
Applications will not be accepted until the student’s last semester, when the requirements for the certificate are essentially completed. Typically, applications are due two months prior to the end of the fall or spring semester, as applicable. Students graduating in July must comply with the deadlines applicable to spring graduates, unless alternate arrangements have been made with the Assistant Dean for International and Comparative Law.
Students interested in obtaining a International Law Certificate must submit an Application for Award of International Law Certificate to the Office of the Center for Global Law & Policy. It is expected that the applications will be incomplete when submitted, pending receipt and confirmation of final grades. The paper requirement must be satisfied, and all approvals and other requirements satisfied and turned in to Center's Office prior to graduation.
The application deadline for J.D. students graduating in December 2007 is November 16, 2007.
The application deadline for J.D. students graduating May 2008 is February 22, 2008.
Applications for the ILC submitted to the Office of the Center for Global Law & Policy after the stated deadlines will only be accepted upon written petition to and approval of the Assistant Dean for International and Comparative Law. Please only leave these applications with the appropriate office. Students who submit their applications after the applicable deadline will not be listed as qualifying for a Certificate on graduation materials. Students are solely responsible for meeting these deadlines.
Students may only obtain one Certificate. Thus, students must elect whether to obtain a High Tech Law Certificate in Intellectual Property, Corporate Transactions (if available), or an International High Tech Law Certificate, or an International Law Certificate, or a Public Interest and Social Justice Law Certificate.
It is the responsibility of the student to see that all requirements are satisfied and all approval signatures are obtained to receive the ILC. Additionally, there is no "candidacy" for this Certificate. Therefore, it is not acceptable to indicate candidacy for a Certificate on a resume. However, students may indicate that they are pursuing a Certificate or intending to complete the requirements for a Certificate.
H. Contact Information
I. Forms:
J. Current List of Approved International Law Certificate Courses
Courses may be added to this list from time to time by the Center for Global Law & Policy. Please check with the Center for the most current list of approved courses.
Course will be a natural progression for students after they obtain the basics of immigration law. Provides students with a more sophisticated look at the issues raised in the basic course by covering such topics as immigration law and gender issues. Pre-requisite: 212 Immigration Law.
Specific, most important, and acute problems of international law: issues recently on the program of the United Nations International Law Commission; recent cases of the International Court of Justice or other courts and tribunals; most important issues discussed by the doctrine; practical issues of international law. Issues include customary rule of international law; general principles of law; responsibility of states for internationally wrongful acts; reservations to treaties; international liability for injurious consequences arising out of acts not prohibited by international law; unilateral acts of states; diplomatic protection; question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law; legality of nuclear weapons; use of force in international relations (Kosovo, Afghanistan); issues relating to international terrorism; status of combatants; status of detainees in international armed conflict, and their protection in the course of criminal proceedings. Intellectual property international issues could be also included among the subjects for discussion. Basic knowledge of international law required. 215 International Law recommended.
This course will familiarize students with primary and secondary sources in international law, primarily treaty research and the documents of international organizations and tribunals. It will also introduce students to researching the law of selected jurisdictions outside of the United States.
Legislative limits on free market transactions. This survey course covers restraints of trade such as price-fixing, market division, exclusive dealing and tying, monopolization, and mergers. A rudimentary knowledge of economic theory is required to understand court decisions, but many students master the few necessary economic principles during the course despite a lack of prior work in economics. Approved IP LL.M. course.
Survey of recent Chinese economic legislation with special emphasis on foreign trade and investment. Study of various legislative and practical considerations involved with doing business with China. Consideration of issues such as how specific legislation assists Chinese economic development and how these laws and regulations have an impact on foreign businesses.
Limited Enrollment. Seminar explores the concept of citizenship as a good that sovereignties distribute. Readings will focus on how nations choose to distribute citizenship, what citizenship entails, what it should entail, and what rights or privileges are or should be conditioned on citizenship. Class will involve significant student participation in the form of leading class discussions, and will require periodic two-page written responses to the reading materials. Course requires a substantial research paper as final assignment. Prior coursework in immigration law or comparative immigration law may be helpful, but is not necessary or required.
This course provides an overview of the major themes in the contemporary uses of the world's oceans and coastal regions and the legal institutions that govern such uses at the state, national and international levels. Topics covered include: legal mechanisms for delimitation of marine boundaries and jurisdiction; common law and major acts protecting coastal zones and natural resources in the United States. International regimes to protect marine habitats and critical ecosystems, fisheries and marine mammal conservation regimes.
Course covers Enforcing Morality Legal Paternalism, Omissions, Intention and Knowledge, Recklessness and Negligence, Strict and Absolute Liability, Duress and Necessity, Theories of Punishment. The comparative aspect comes from the way in which we shall see how English and American cases and writers deal with the same problem in the Criminal Law.
This interdisciplinary policy course addresses selected issues in some government benefit programs, such as agricultural subsidies, Social Security, parental leave, and Medicare. To enlighten and enrich the discussions of the policy implications of these programs and proposed revisions of them, students will compare them to programs in foreign countries. This course may be of special interest to Public Interest and International Certificate students. Students will write a final paper and make interim policy reports.
Examination of the history, structure, and institutions of civil law, common law, and socialist legal traditions. Although several class meetings and individual research examine substantive law, emphasis is on study of legal systems and traditions. Primary focus is private law (the equivalent of common law system's civil obligation) and some comparative constitutional law and criminal procedure.
Study of the problems that arise when the domiciles of the parties or other significant facts concerning a controversy are connected with states other than the state in which litigation occurs. Problems of jurisdiction of courts, choice of law, the effect of foreign judgments, and constitutional limitations.
Faculty members rotate teaching this unique seminar which gives students a chance to explore with faculty contemporary, cutting-edge issues in international law. Course may require a paper, an exam, or both.
Focuses on the integration of Europe. Includes considerations of comparative federalism, with a focus on separation of powers among community institutions, the principle of "subsidiarity" and the lawmaking and enforcing process. Substantive areas, such as freedom of movement of persons and goods, environmental protection, and the rights of community citizens are also covered. Antitrust not covered. (3 units)
(formerly Federal Taxation of Foreign Income and Foreign Transactions) The class will cover the federal income tax treatment of non-U.S. persons, non-U.S. income of U.S. citizens and residents, and international transactions. We will also discuss international consensus and formal agreements on matters of tax law. We will study the jurisdictional bases for U.S. tax, the source of income and allocation of deductions, different rules applicable to business and non-business income, and the foreign tax credit. We will also consider the U.S. approach to taxing international transactions involving related and unrelated taxpayers, including the problem of transfer pricing and the concept of the controlled foreign corporation. Prerequisite: 270 Federal Personal Income Taxation.
With the dramatic end to the Cold War almost a decade ago, the world's attention has expanded to include concerns centered on politics and national security to the impact of global finance, trade and investment. A new concept has emerged in this period--globalization--which some argue is an accurate way to describe the massive changes underway in the international economy. Others disagree, arguing that the more things change the more they remain the same--that today's issues among nations continue to reflect longstanding differences. The debate is not simply academic but goes to the heart of policy choices being made by millions of people in every region of the globe. The questions raised by globalization are particularly acute for those countries attempting to break away from older state-centered patterns of political and economic organization. From the former Yugoslavia and the former Soviet Union to many of the developing countries of Latin America, the Middle East and Asia efforts are underway to support new ways of doing business that look, on the surface at least, like American-style capitalism. But the legal institutions necessary to make this effort a success are, as yet, immature and underdeveloped. The risks and uncertainties that this process entails are complicated but represent an exiting challenge for legal scholars and policy makers. This seminar will discuss the major points of view in the globalization debate and explore the role that law plays in solving the problems raised by the new era. Each semester we concentrate on one particular issue- set of significance, such as corporate governance or international labor issues. Students will read both theory and examine case studies. Student-led discussion and research paper will be required. Limited enrollment. (2 units)
Examination of the Department of Justice, State Department, and Labor Department as they affect immigration and naturalization. Immigrant and non-immigrant visa problems; the exclusion, deportation, and naturalization processes. (3 units)
This course will involve the negotiation of a licensing agreement transfering certain nanotechnology to a company in Japan. Students will represent a Silicon Valley company with an extensive patent portfolio which they market extensively in the United States. This proposal will be the first step in acquiring a global market. The Japanese company will be represented by a team of law students from Omiya University in Japan, supervised by Professor Larry Repeta, of the Omiya faculty. Actual negotiations will be conducted by teleconference, in four 2- hour sessions. The first two weeks of the course will consist of an accelerated overview of international negotiation techniques, basic Japanese patent law, and an introduction to the legal and business culture of Japan. Pre-requisite: 658 International Licensing Transactions; or 216 International Business Transactions; or 228 Technology Licensing; or 327 Negotiating. Enrollment with approval of professor. Enrollment limited to 10 students. Approved IP LL.M. course.
Legal problems of international commercial transactions; trade and investment. Financing, contracts, shipping, and insurance questions. Problems of Third World development, including expropriation and nationalization. Approved IP LL.M. course.
This course in many respects will operate as a specialized criminal law course, undertaking an elemental analysis of international crimes as they have developed and evolved in international law, and focusing on the challenges of interpreting and applying these norms in a criminal prosecution. The jurisprudence of the various war crimes tribunals and the text of and deliberations surrounding the new ICC statute will be scrutinized with an emphasis on understanding the prosecution’s burden, available defenses, and sources of proof. In addition to the substance of international criminal law, this course will also serve as an introduction to international legal reasoning and law-making.
A consequence of commercial globalization is that disputes will occur between parties and, likely, the resolution of the disputes will not be resolved in or by a national judiciary. Litigation, either in US courts or in foreign courts, is often considered the last resort. What other dispute resolution options are available to commercial disputants form the basis for this course. The program of study will focus on the non-judicial methods of resolving international disputes: arbitration, mediation, and conciliation in the international context. In class exercises, litigation, choice of law, and proceedings before international tribunals round out the curriculum.
Problems of trans-frontier pollution and efforts to prevent and remedy damage through bilateral and multilateral arrangements. Focus on water and air pollution, preservation of endangered species, climate change, and ocean protection. The work of international organizations such as the United Nations Environmental Program, the OECD, and the Common Market. (1-3 units)
International and regional mechanisms for the protection of individual rights; what those rights are; what procedures are available for use by attorneys in the United States. Offered spring semester, alternate years. (2 units)
Survey of public international law involving close consideration of the specificity of international law, its nature, and sources. The international legal processes: international law, treaties, and the role of municipal courts and international organizations. Focus on selected current problems such as self-determination, intervention, and the expropriation of alien-owned property. (3 units)
Legal norms concerning disaster prevention and management and response to consequences; disaster relief law; right to humanitarian assistance; human rights and emergency situations; legal problems concerning the movement of population (refugees, internally displaced persons, and migrants); international humanitarian law applicable in armed conflicts; terrorism.
This course is intended for students interested in the rhetoric and practice area of international law. It is also particularly well suited for students who plan to participate in one of the international law moot court competitions (such as Jessup or Pictet). The course provides a basic survey of public international law, with an emphasis on some of the issues that repeatedly arise in the moot competition context—the proper sources of international law, the principles of state and individual responsibility, the interplay between politics and law, “constitutional� questions involving the powers and functions of the various United Nations bodies and institutions, etc. The class involves a series of in-class exercises that requires students to use international law in real-world fact patterns. Students who are participating in one of the moot court competitions can use their memorial to satisfy the paper requirement and can earn 3 units. Other students will complete a brief on an internaitonal law issue. Credit/No Credit.
Introduction to the legal structure, powers, and functions of United Nations organizations, and specialized agencies and regional organizations, such as the Council of Europe, the European Economic Community, and similar economic organizations. (3 units)
This course will provide an overview of the regulation of Intellectual Property Rights (Patents, Trademarks, Copyright, Designs) in Europe. It will cover the European Patent Organization with more than 30 member states and the European Patent; the European Union with 25 member states and its community rights for trademarks, industrial design and (in the future) patents; the harmonization of the national IP laws of the EU member states; and the relevance of the not yet harmonzied parts of the national IP laws. Knowledge of this complex European System of IP rights is essential for the US industry doing business in or with Europe and the lawyers advising them.
Seminar required for law students participating in immersion trip to El Salvador. Topics for discussion include the role of law in democratic transitions, interface between law and development, structure of the legal system, justice issues, etc.�
A survey of very different legal systems focussing on their varying solutions to common problems. Legal systems covered will include Athenian law, Imperial Chinese Law, Modern Gypsy Law, Saga Period Icelandic Law, 18th Century English Criminal Law, and others. Issues explored will include enforcement intentives, gap filling, litigants gaming the system, and a variety of others.
The recent expansion of international economic activity is being met by an important set of challenges. These range from the volatility and fragility of global financial markets to the crisis of the Asian tigers to the protests and disorder that disrupted the 1999 meetings of the World Trade Organization. A wide-ranging debate about the appropriate norms, rules, laws and institutions required by the new era has broken out in think tanks, legislatures and academia. Issues under discussion include the structure of corporate governance, the impact of new capital markets, and the need to address concerns about human rights, labor standards and environmental protection. Lawyers can, and should, play an important role in this debate. In addition, the outcome of this debate and the possible establishment of a new institutional framework will shape the environment of business and economic activity for the next generation. This course will explore the major institutions that impact on this environment, including the WTO, the International Monetary Fund and the World Bank. We look at cross border securities offerings as well as mergers and acquisitions. Grades will be based largely on the final exam, which is three hours and open book. Students interested in the Spring seminar on Globalization and Rule of Law will find this course a very helpful introduction to the material issues.
There are no pre-requisites for this course. Approved IP LL.M. course.