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International Law

The maxim that the world has gotten smaller is clichéd, but true. As a result, the reach of international law has greatly expanded in modern law practice in the United States. It used to be the case that only lawyers in New York City, Los Angeles, San Francisco, or Chicago could reasonably expect to work on an international transaction. Now, lawyers in Raleigh, Charlotte, Atlanta, Miami, and many other cities, including Winston-Salem, can also legitimately expect to find themselves frequently addressing international legal questions.

This has come about, in large measure, because of events in the economic and political spheres that have driven the development of national laws with an international impact and an increasing number of international laws themselves. The world has opened to international practice—not only because of the global pandemic—but also due to a consensus over the merits of capitalism and the end of repressive regimes in the former Soviet Union and Eastern Europe. Many Latin American and Asian nations, especially Brazil and China, have also opened their economies to private participation. Aiding this general development toward openness are multilateral trade regimes, such as the World Trade Organization, the European Union, and NAFTA. The result of these developments has been the creation of an astounding array of new opportunities for the practice of law in an international context.

Most opportunities for international practice arise in the commercial context. Companies and individuals engage in cross-border transactions and, reluctantly, cross-border litigation. As a result, students should take foundational courses in transactional and civil litigation practice, as well as study areas in which they may want to subspecialize. Moreover, aspiring international lawyers will need to understand the context and background of international and foreign law. Students consequently may find Wake Forest Law School’s study abroad and exchange programs particularly helpful in jump starting their international law careers.

Courses

Courses designated as "primary" are foundational, while those listed as "secondary" contain relevant and related content. "Co-curricular" courses are credit-bearing extra-curricular activities, while "experiential" courses are practice-based offerings. Please keep in mind that the focus of any course will vary depending on the instructor.

Primary Courses

501: International Law 3 credits PRIMARY

An examination of the nature of international law, sources and evidence of international law and agreements, and international dispute resolution, including the use of force.

572: European Union Law 2 credits PRIMARY

A survey of the significant laws and policies of the European Community, including the legal and institutional framework, the internal market, competition and environmental laws, and an overview of external relations and commercial policy.

577: Cross-Border Business Transactions 2 or 3 credits PRIMARY

A study of a wide range of international transactions, including marketing of goods and services; license or transfer of technology; distribution and franchising; joint ventures; finance and governmental regulation. Various multi-lateral initiatives, such as the Vienna Convention on Contracts for the Sale of Goods, will be discussed. Discussion and analysis of the Foreign Corrupt Practices Act.

590: Comparative Constitutional Law 2 or 3 credits PRIMARY

This course will explore questions central to public law issues in the United States and across the world. It will consider the purposes for which constitutions are established, and the processes of constitution-making and constitutional change. Students will write a paper contrasting the constitutional law on a particular topic of a given country with the comparable law in the United States. Weekly films will explore the culture of the countries selected by the students for their papers.

592: International Human Rights 2 or 3 credits PRIMARY

This course examines human rights law at the United Nations and regional levels and in U.S. law. It also covers international criminal law.

654: International Trade Law 2 or 3 credits PRIMARY

This course will examine the legal framework that governs international economic relations, including in particular international trade in goods. It will discuss the World Bank, the International Monetary Fund, the World Trade Organization, and NAFTA, looking not only at how the international rules work but also at how they conflict with or complement efforts to protect other goals, such as protecting labor rights and the environment.

656: International Environmental Law 2 or 3 credits PRIMARY

This seminar will examine and assess the legal regimes nations have developed to address international and global environmental problems, including climate change, ozone depletion, marine pollution, and the extinction of species.

688: Arbitration: Domestic and International 2 credits PRIMARY

This course will provide an introduction to the field of domestic and international commercial arbitration, the latter of which has become the default means of settling international disputes. The course will also introduce the concept and general principles of investor-state arbitration. The purpose of this class is to encourage the development of critical thinking skills and responses to the existing practices and habits of actors involved in the practice of domestic and international commercial arbitration. The class will provide students with a structural understanding of how arbitration works and the practical skills necessary to participate in an arbitration practice. The course will also introduce emerging issues, themes, and controversies in the resolution of international disputes. Students can expect to review both domestic and foreign commentaries, statutes, international conventions, institutional rules, and case law on the subject.

Secondary Courses

403: Conflict of Laws 3 credits SECONDARY

A study of the choice of law rules applicable where at least one of the operative issues in a case is connected with some state or country other than the one in which suit is brought at the national level or the international level; jurisdiction of courts over persons, things, and property in the national and transnational context; recognition and enforcement of judgments on the national and international levels; business and estate planning issues in law in different jurisdictions. (although this course is traditionally known as conflict of laws in the United States, it is known as private international law elsewhere)

411: Trade and Development Seminar 2 credits SECONDARY

Explores the relationship between international trade and economic development. Examines the theoretical foundations of trade and development and evaluates the impact of trade policies on economic growth, poverty alleviation, and income inequality in both developed and developing economies.

482: Coded Governance: Blockchains 2 or 3 credits SECONDARY

This course examines distributed ledger/blockchain technologies and computational law, and the related evolving regulatory environment. Topics covered include cryptocurrency use and regulation, legal forensic analysis of tokens, Ethereum-based smart contract governance frameworks, patent strategy, and the professional responsibility considerations when working in a space that is popular, but not well understood. Students will learn about distributed ledger technologies and even get an introduction to programming a decentralized game. No previous programming experience is needed for this course, but a willingness to read and reread, and discuss technical documentation and literature is essential.

493: Artificial Intelligence: Development and Regulation 2 credits SECONDARY

In this course, we explore current topics in artificial intelligence. We first understand methods of data collection, analysis, artificial neural networks, and general software development methodologies. Topics we explore include data manipulation, unconscious bias, algorithmic bias, AI-enabled content generation, and legislative standards aiming for "algorithmic accountability." Assessments include the creation and analysis of machine learning systems, and drafting a short comment to a government agency that is considering adopting an AI system.

517: Sales, Leases, Transactions and International Sales 3 credits SECONDARY

A study of Article 2 of the Uniform Commercial Code (UCC) , which applies to sales or transactions in goods, and related topics.

558: Immigration Policy Seminar 2 or 3 credits SECONDARY

This class is a seminar where students study and debate contemporary issues in immigration policy. Unlike the Immigration Law survey course offered in the spring, the Immigration Policy seminar does not comprehensively cover the major components of the Immigration and Nationality Act.

564: Immigration Law 3 credits SECONDARY

This course will cover a broad range of topics as we survey the landscape of immigration law: Who is a citizen of the United States? Who else can enter and reside lawfully as a permanent resident or on a short-term visa? When can noncitizens be forced to leave? Who has the authority to answer the preceding three questions? Immigration law is a statutory course, focusing on provisions of the Immigration & Nationality Act. We will also cover important cases of constitutional law.

566: National Security and Counterterrorism Law 2 or 3 credits SECONDARY

This course introduces the student to the rapidly evolving field of national security and counterterrorism/homeland security law, including law enforcement/intelligence operations to prevent acts of terrorism; and measures to apprehend, detain, and prosecute such perpetrators in civilian and military tribunals. If time permits, the course will also discuss the legal and policy approaches to terrorism/terrorist organizations in other countries such as the UK and Israel among others.

575: Internet Law 3 credits SECONDARY

This course examines the legal issues associated with technology, with a particular focus on the Internet. Among other topics, the course covers primers on the technical underpinnings of the Internet, the regulation of Internet access and domain names; contract formation, execution, and enforceability; jurisdiction and choice of law; speech; intellectual property focus; artificial intelligence, blockchain technology, and the Internet of Things. A background in computer science and/or intellectual property law is not required.

Experiential Courses

345: Semester in Practice 10 or 11 credits EXPERIENTIAL

This is the field placement component of a full term externship program and is paired with the Externship Lecture course. Total credits between Semester in Practice and Externship Lecture will total 13. The number of credit hours awarded to an individual student will determine the hours of work required at the field placement and meet or exceed the ABA standards. In accordance with ABA guidelines, students work at a placement under a supervising attorney. C-LAW 300.

482: Coded Governance: Blockchains 2 or 3 credits EXPERIENTIAL

This course examines distributed ledger/blockchain technologies and computational law, and the related evolving regulatory environment. Topics covered include cryptocurrency use and regulation, legal forensic analysis of tokens, Ethereum-based smart contract governance frameworks, patent strategy, and the professional responsibility considerations when working in a space that is popular, but not well understood. Students will learn about distributed ledger technologies and even get an introduction to programming a decentralized game. No previous programming experience is needed for this course, but a willingness to read and reread, and discuss technical documentation and literature is essential.

676: Summer Externship 4 credits EXPERIENTIAL

This course is currently available only in the summer. The director of the externship designates one or more cities in North and South Carolina, usually including Charlotte, NC, and offers the students externships in a designated practice area. The practice areas vary from summer to summer. Students meet weekly with the director to integrate and apply the doctrinal insights received elsewhere in the law school curriculum and in the subject matter of the field placements.

Co-Curricular Activities

549: Moot Court Competition 1 credit ACTIVITY

Seminar in advanced appellate advocacy involving research and drafting of briefs and presentation of oral arguments as a member of an interscholastic moot court team. Students may repeat this course for a maximum of two hours of credit.

Faculty

The following faculty are knowledgeable about the topic and may be a useful resource for you.

John H. Knox

John H. Knox

Henry C. Lauerman Professor of International Law

Dick Schneider

Dick Schneider

Professor of Law

Related Pathways

Transactional

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Civil Litigation

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In-House Counsel and Corporations

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