Courses - The Hague, Netherlands
Week 1: July 3-6, 2023
Jason Palmer, Professor of Law, Stetson University College of Law, Gulfport, Florida.
Domestic and International Mass Claims Processes
As compensation and remedies for damages become more global and international processes develop to account for mass claims, this course will allow students to appreciate other methods of dispute resolution beyond U.S. litigation and traditional ADR. It will introduce the students to mass claims litigation in the United States and allow them to study international reparations programs, through both international mass claims processes a.
This course will provide students a cross-over between domestic and international law through the lens of mass claims processes. The class will start with an overview of class action litigation focusing on the requirements to certify a class. Specifically, we will look at class actions as a precursor to the 9/11 Commission and reparations for victims of 9/11. We will also discuss the Holocaust claims class action against the Swiss banks that was filed in the Eastern District of New York, concurrently with the work done at the Claims Resolution Tribunal. This discussion will allow us to move to international reparations, where we will discuss the processes and procedures of the Claims Resolution Tribunal, along with the reparations provided by the Claims Resolution Tribunal to victims of the Holocaust or their heirs. In addressing these claims, I anticipate using material gathered from my five years working at the Claims Resolution Tribunal. We will also discuss reparation programs developed by the United Nations Compensation Commission, including a discussion of the Palestinian Late Claims at the UNCC, to allow a discussion of international claims programs addresses late claims, reparations from the International Commission on Holocaust Era Insurance Claims (ICHECH), reparations provided by the Iran-U.S. Claims Tribunal, and the reparations from the Victim’s Fund of the International Criminal Court. Again, I will use documents that I have assembled from my work at the United Nations Compensation Commission and the U.S. Department of State. Finally, the class will discuss reparations programs that were deemed unsuccessful due their failure to provide compensation, such as the Eritrea-Ethiopia Claims Commission (EECC).
Week 2: July 10-13, 2023
Ashley Krenelka Chase, Assistant Professor of Law, Stetson University College of Law, Gulfport, Florida
International Court and Net Neutrality Enforcement
This course will look at net neutrality regulations (or lack thereof) around the world and the way that international courts and tribunals approach enforcement of those regulations. Students will be asked to look at the varying global approaches to net neutrality, including the approach different jurisdictions have taken in adopting their rules, and discuss best practices to ensure an open, accessible, and equitable internet. Readings will consist of legislative and regulatory materials, historical materials related to enactment and enforcement, current events pieces related to net neutrality, and policy pieces written about the topic. The class will include multimedia presentations by looking at news stories or short documentary snippets regarding net neutrality developments and showing websites that give information about net neutrality issues. For the final exam, students will be asked to select a jurisdiction they feel has a particularly solid approach to a net neutrality framework and justify their choice with materials they've read and discussed in class.
Week 3: July 17-20, 2023
Phyllis Taite, Professor of Law, Oklahoma City University School of Law, Oklahoma City, Oklahoma.
Inheritance Law
This course provides a comparative analysis of the inheritance laws in different countries, primarily determined by civil and common law systems. Specifically, the course will compare the inheritance laws of Spain, Louisiana, and British Columbia as representative of civil law countries. The representative common law countries are the United States, New Zealand, Canada, and the United Kingdom. The class will analyze the differences between the laws and determine whether there is a best or desirable system.
Week 4: July 24-27, 2023
Wendy B. Scott, Associate Dean and Professor of Law, Elon University School of Law, Greensboro, North Carolina
Resolving Procedural Conflicts in Transnational Litigation
This course will explore the procedural conflicts that arise in private litigation between citizens of different countries. Topics will include judicial jurisdiction; enforcement and recognition of foreign judgments; the role of international arbitration; and the role of treaties, judicial decisions, rules and legislation in the United States and other countries in conflict resolution. Students will explore policy considerations such as the role of comity, sovereignty, the efficiency of domestic legal systems in dealing with foreign parties and the burden on private parties facing conflicting national and adjudicative norms.
Students who take this course will reinforce their understanding of American civil procedure; study the rules of procedure from a comparative perspective; learn the interconnection between domestic and international law; develop an appreciation for the complexities of transnational litigation; and design alternative solutions that produce favorable outcomes for the parties and the countries involved.