Argentina is an ideal location for study abroad. As the fastest growing economic region in the world, South America has become a key player in global economic and legal relations. As a result of the creation of MERCOSUR, the South American counterpart to NAFTA, South American companies are well poised to become competitive players on world markets.
Week 1: The Evolution of Argentine Political Institutions
INSTRUCTOR: Martin Böhmer, Professor of Law, and Dean, San Andres School of Law, Buenos Aires, Argentina.
Martin Böhmer is a Professor of Law at the Universidad de San Andrés, Buenos Aires, Argentina. He earned his law degree from Buenos Aires University and both an LL.M. and J.S.D. from Yale University. His teaching and research interests include International Human Rights, Legal Theory, Logic, Legal Education, Corporate Law and Contracts.
The course encompasses the study of a recent set of events that are changing the nature of Argentine politics. It starts with a discussion of its history with special attention to the creation of the political system as articulated in the Constitution and deployed in several social practices. It will also show its peculiar features compared to European and North American counterparts. It then turns to the culture that influenced the relation between politics, law and society and the reforms that tried to change the system in the 1940s and 1990s. Special attention will be paid to the discussions on presidentialism vs. parliamentarianism, political parties vs. political movements, and federalism vs. centralization and social disobedience.
Week 2: Truth Commissions: Exploring Argentina's Legal Approach to Human Rights Abuse
INSTRUCTOR: Sarah Gerwig-Moore, Associate Professor of Law, Mercer University School of Law .
Sarah Gerwig-Moore is an Associate Professor with tenure at Mercer University School of Law. She earned her JD from Emory University. She also earned an MTS at the Candler School of Theology, where her focus was on ethics and human rights. There she was a student of Archbishop Desmond Tutu.
Argentina's response to its troubled human rights history is distinct and complicated. Like South Africa, the Argentinian government (along with influential stake holders and activist groups) chose to confront this history through a "National Commission for Forced Disappearances," (Comisión Nacional sobre la Desaparición de Personas, or CONADEP) through which it would systematically explore and record the horrors of kidnapping, murder, rape, and the fate of "the disappeared." Through primary and secondary sources (including film, law reports, and the commission's report itself (Nunca Mas-"Never Again"), this course will explore the political and legal history of the Argentinian Truth Commission. The course will also involve some comparison to other Truth Commissions-especially South Africa's.
Week 3: International Investment Litigation (ICSID Arbitration and the Holdout Litigation)
INSTRUCTOR: Ignacio Pérez Cortés, Professor of Law and Economics, Universidad Católica and Universidad Austral, Buenos Aires, Argentina .
Ignacio Pérez Cortés is a professor at Universidad Católica in Buenos Aires where he teaches Law and Economics and Corporate Finance. He also teaches Law and Economics at Universidad Austral in Buenos Aires. Professor Cortés graduated from Universidad Católica Argentina (UCA) with degrees in both Law (1998) and Economics (1998). He also earned an LL.M. degree from Yale University in 2002.
This course will explore the challenges of sovereign international litigation and will allow students to develop perspectives and analytical skills necessary when dealing with legal issues related to international investment arbitration and sovereign debt restructuring. The first part of the course will be devoted to investment dispute resolution. Students will analyze several arbitral awards and decisions, which will allow them to understand key elements of international investment disputes. The second part of the course will deal with what has been called the "trial of the century" in sovereign debt restructuring. Students will analyze decisions issued by the District Court Judge Thomas P. Griesa and the U.S. Court of Appeals for the Second Circuit, and will delve into the problems and challenges of sovereign debt restructuring processes and litigation.
Week 4: Trade Issues for U.S. Lawyers
INSTRUCTOR:James D. Wilets, Professor of Law, Nova Southeastern University, Shepard Broad Law Center, Fort Lauderdale-Davie, Florida.
This course will explore how the international regulation of trade operates. In doing so, the course will cover the substantive and procedural aspects of the World Trade Organization ("WTO"), and regional trading regimes such as the European Union/EFTA in Europe, Mercosur in South America, NAFTA in North and Central America, CARICOM in the Caribbean, ASEAN in Southeast Asia, and the African Economic Community, the African Union, and regional trading blocks in Africa. This course will also help students to identify those issues that are of particular relevance to them as transactional lawyers. It will review decisions of international trade adjudicatory bodies in which the U.S. is a party and how antitrust and other regulatory law of the European Union and other regional trading blocks affect some of the largest U.S. corporations such as GE-Honeywell, MCI-Sprint, Microsoft and Google.