
I have a general interest in
international law. Which courses should I take? International law
is a growing field of study and practice composed of many subfields,
including international corporate law, international human rights law,
public international law, international environmental law, international
arbitration, international criminal law, international trade law, and
international humanitarian law, among a host of others. Because there are
so many different areas of study within international law, there are
(strictly speaking) no “right” or “wrong” courses
for those who have a general interest in this field. In fact, not a single
law school in the tri-state region requires students to take a specific
international law course.
Still, as a general rule, if you are
broadly interested in international law and don’t know where to
start, enroll in an introductory course which provides a broad survey of
the area. These courses include:
You need not take all of these courses. Instead, enroll
in a course that is of interest to you. Furthermore, you don’t
even have to take an introductory international law course. Many students
have enrolled in courses such as International Finance and
International Economic Law without first taking an introductory
course. (Many international law courses at New York Law School don’t
have prerequisites, meaning that you don’t have to take other courses
before enrolling in them.) But if you want a broad overview of the
area, take an introductory course first.
I’m interested in
international business, finance, and trade law. Which courses should
I take? You should consider International Business
Transactions and/or International Finance. Historically,
many students have enrolled in International Business
Transactions before taking International Finance. (The
former course provides a wider overview of many different topics, while
the latter course is more specialized. Still, you can take these courses
in any order.) For students interested in international trade,
consider taking International Economic Law which gives an
overview of the components of the international trade system, including
the World Trade Organization and specific international trade agreements.
One practitioner points out that because “an international trade
regulatory practice is largely administrative law,” it is also
important to take a course in administrative law.
Although
taking some of these courses is important, one lawyer said that students
should “learn how to be a master of U.S. law first,” and that
“being an international lawyer is like being a domestic
lawyer” because you will be interpreting U.S. law for foreign
clients. “A fair amount of my time is spent on advising my [foreign
colleagues] on interpretations of U.S. law and helping the corporation
with the U.S. side of transactional mergers, acquisitions, and
divestments,” he explained.
Another practitioner added
that “the international law practitioner must understand the legal
implications of the transaction under U.S. law in order to advise the
client effectively, which will require an understanding of U.S. federal
tax laws, the Foreign Corrupt Practices Act, U.S. Export Control
Regulations, and even U.S. securities laws (e.g., the Sarbanes-Oxley Act),
among others.” In summarizing the courses that a student should take
concerning international corporate transactions, one lawyer simply said:
“It is of vital importance, for purposes of an international
corporate practice, that a young lawyer be well grounded, initially, in
the basic commercial and business law curriculum.”
So, in
addition to taking a few international law courses, you should consider
courses in commercial and bankruptcy law, corporate and securities law,
and tax law. To get an overview of which courses to take in these
particular areas, read the publication “Planning
Your Schedule” available from the Registrar's office.
I’m interested in a broad overview of international
human rights law and also public international law. Which courses should I
take? You should begin with an introductory course
in international human rights which will provide a broad overview of
this area. Afterwards, the advice may vary from one person to the next.
One expert advises, for instance, that “a human rights
lawyer should know U.S. law well, should have had the fundamental courses
in international law, and, in addition, specialized courses in human
rights law.” Another legal expert says, “The courses that
someone interested in public international law should take in law school
are, at a minimum: the basic course in international law, the basic course
in international organizations, and a third in a more specific area such as
European Union law or the law of the sea.” Still another expert adds,
“Courses in comparative law also are a plus. A good knowledge of the
major legal systems of the world can help in discussions with national
authorities on adherence to the pertinent treaties and their
implementation.”
Here is a sampling of some courses to
consider:
I’m interested in learning more about the laws of war
and also the legal implications of the war on terror in areas such as
civil liberties. Which courses should I take? In addition to
taking a basic course in international law, you should consider a course
such as the Law of War. Around 70 treaties, conventions, customs,
and principles of international law regulate how states and even non-state
groups carry out methods and means of warfare and also require them to
maintain certain humanitarian standards during hostilities. Analysts refer
to them collectively as “international humanitarian law,” and
also interchangeably with other terms such as the “laws of
war” and the “law of armed conflict.” (There is no
single "law of war" treaty encompassing every facet of
warfare.)
To learn more about the legal implications of
the war on terror, you should take courses in constitutional law simply
because provisions concerning civil liberties are, well, found in the
Constitution. Lawyers must deal with issues such as whether or not the
government can detain suspected terrorists indefinitely without a trial,
whether it must try such individuals using military tribunals or civilian
courts, whether detainees have a right to challenge their detention in
court, and whether courts can allow evidence obtained from detainees
through coercive interrogation techniques.
One national
security expert said that students should “take all of the
constitutional law and administrative law they can get their hands
on.” He adds, “when taking those [constitutional] law classes,
pay special attention to the links between constitutional issues and
foreign affairs.” Here are some courses to consider:
Also, please consult pages 11–14 in the
publication “Planning
Your Schedule” to get more information on which courses
you should take in constitutional law.
I’m
interested in international criminal law. Which courses should I
take? You should consider a wide variety of criminal law and
criminal procedure courses. “All law students interested in this
field should take the full package of courses available to all students
interested in pursuing a career in criminal litigation,” said one
practitioner in this field. “This includes criminal law, criminal
procedure, and evidence. Advanced courses in due process or rights of the
accused also should be taken, if possible.”
The following
is only a sample of some of the courses in criminal law and procedure
offered at New York Law School. (Please consult pages 15–17 of the
publication “Planning
Your Schedule” to determine the exact sequence in which
you should take courses in criminal law.) Also, remember that not all of
these courses are offered every semester. Whether a course will be offered
depends on many factors such as instructor availability and student
enrollment.
In addition to criminal law courses, a student should also consider
courses in international law. “Choice of courses in law school
should include international law, human rights law, and comparative
law,” said one expert. “Advanced courses or seminars in
international humanitarian law, international criminal law, or similar
courses should be taken if available.” Below is a partial listing of
international law courses that may be useful in the practice of
international criminal law.
Also remember that many staff members of
international criminal tribunals—such as the International
Criminal Court and ad hoc tribunals created by the United Nations—had
once worked as prosecutors and judges in their home jurisdictions. Even
staff members at human rights organizations such as Human Rights Watch and
Amnesty International have prior experience in the practice of criminal
law. To read about the experience of one alumna who had worked
for an international criminal tribunal, click here.
Which courses should I take if I am interested in other
specific areas of international practice such as international
arbitration, international family law, and international
environmental law? You should consider taking an introductory
international law course followed by a course in the area of practice that
interests you. In the case of international environmental law, one lawyer
recommends “basic courses in public international law and domestic
environmental law, at least, followed (if available) by a course in
international environmental law. Especially for those interested in the
domestic law aspect of international environmental law, a course in
conflicts of law is highly advisable.”
If you are
interested in areas such as international family law and international
arbitration, follow the same advice—enroll in a basic international
law course followed by the specific course in which you have an interest.
Please consult the publication “Planning
Your Schedule” to get more information on which courses
you should take in specific areas of law.