Students taking this course will learn to:
- Describe and explain comparative and transnational methods for studying legal systems, including both legislative and adjudicatory aspects of legal systems.
- Discuss the historical legacies of comparative law.
- Apply the basic methodology of comparative law to critically analyze and evaluate transboundary legal problems.
- Describe and explain the vertical relationships between national, regional (i.e. EU) and international legal systems.
- Apply their knowledge of the vertical relationships between legal systems to critically analyze and develop strategies for solving transboundary legal problems.
The aim of this course is to introduce students to the relationships between legal systems, both horizontally through the comparative study of legal systems as well as vertically through the studying of the multiple scales or layers of legal systems (i.e. national, regional, international). As such the course introduces students to both basic knowledge about these relationships, as well as skills enabling students to consider how the interrelationships between systems can pose both challenges as well as opportunities for resolving complex, transboundary legal problems.
Throughout the course, students will need to compare both legislative and adjudicatory aspects of legal systems, and they will need to transform their comparative knowledge of legal systems into strategy exercises, for example forum selection exercises. In addition, students will use the European Union as an entry point for studying the relationships between national, regional and international levels of legal systems. In doing so, it will look at how these relationships work symbiotically through dealing with conflict and harmonization.
Throughout the entirety of the course, students will routinely draw from the field of tobacco governance for practical exercises and application of the theoretical components of the course. This will include comparative assessments of how tobacco products are regulated, and how tobacco related disputes are adjudicated, and the transformation of tobacco regulation and adjudication as it moves across multiple scales of legal systems. The routine use of the tobacco industry throughout the course will allow students to apply theory to understand how this 700 billion euro global industry is governed through, across and between legal systems.
Type of instructions
Midterm assignment (30%) and take-home final exam (70%)
Type of exams
M Siems, Comparative Law (Cambridge UP, 2018, 2nd Ed)
Additional materials (freely available through the TiU library) will be prescribed in due time.