Volume 16, issue 3 - International Law Students Association

volume 16 » issue 3 » February 2008
A Publication of the International Law Students Association
THE LL.M. ISSUE
SPRING CONFERENCE
PREVIEW
14 Humanitarian Imperatives are
Transforming Sovereignty
- Roberta Cohen
24 The Economic Rights of Iraq’s
Displaced Citizens under the
Iraq Constitution
- Haider Ala Hamoudi
30 Sudanese Refugees: A Continued
Search for Safety and Asylum
- Jennifer Stringfellow and
Melina Neely
34 How to Choose an LL.M. Program
and Why an Advance Degree
Might be Right for You
- Jessica Carvalho Morris
37 Listings: 2008 LL.M. Programs
78 Court Watch: Tracking Current
Developments in the Law
- John Blatt and Alexandra Geiger
visit us at: www.ilsa.org

International Law Students Association
25 E. Jackson Blvd. Suite 518
Chicago, IL 60604
Phone: 312.362.5025
Fax: 312.362.5073
Amity R. Boye
Executive Director
Jill Schmieder Hereau
Programs Coordinator
A Publication of the International Law Students Association
Jeremy Gordon
Jessup Competition Coordinator
ILSA QUARTERLY EDITORIAL BOARD
Jill Schmieder Hereau, Editor-in-Chief
Amity Boye, Editor
Jeremy Gordon, Editor
Student Editorial Board
John Blatt, John Marshall Law School
Niki Dasarathy, Case Western School of Law
Vinicius Portugal, Univ. of Richmond School of Law
Bonnie Simran Bhatia, DePaul Univ. College of Law
Monica Sherman, California Western School of Law
Jennifer Stringfellow, Northeastern Univ. School of Law
Alexandra Geiger, Northeastern Univ. School of Law
BOARD OF DIRECTORS
Chairman: H.E. David Scheffer
Northwestern University School of Law
Treasurer: Prof. Cynthia Lichtenstein
Boston College Law School
Student President: Robert Magouirk
Tulane University Law School
Student Vice President: Krishma Parsad
University of Denver Sturm College of Law
Student Chief Communications Officer:
Niki Dasarathy
Case Western Reserve School of Law
David Baron, Esq.
McDermott Will & Emery
Prof. Mark Drumbl
Washington & Lee University School of Law
Prof. George Edwards
Indiana University School of Law at Indianapolis
Eduardo Hauser, Esq.
DailyMe, Inc.
Prof. Brian Havel
DePaul University College of Law
Sandra L. Hodgkinson, Esq.
Deputy Assistant Secretary of Defense
for Detainee Affairs
Pedro M. Muñoz, Esq.
Arias & Muñoz
Prof. Ved Nanda
University of Denver Sturm College of Law
Prof. Leila Sadat
Washington University in St. Louis School of Law
Prof. Michael Scharf
Case Western Reserve University School of Law
Steven Schneebaum, Esq.
Greenberg Traurig L.L.P.
A NOTE TO READERS
The views expressed in each article belong to the author and
do not necessarily reflect the views of the International Law
Students Association or the Editorial Board. The views are
those of devoted members of the legal profession – students
and practitioners dedicated to international law and willing to
contribute to the advancement of international legal education.
The ILSA Quarterly thanks its authors for submitting their works
for publication.
SUBMISSIONS
Submissions to the ILSA Quarterly are accepted from students,
academics, practicing attorneys and other legal professionals
around the world. Material must be submitted in Microsoft
Word (.doc) or text (.txt) format to quarterly@ilsa.org. Artwork,
photographs, and advertisements should be submitted as
computer graphic files to the same address. The editors are not
responsible for verifying the accuracy of submitted materials and
retain the right to edit all submitted materials. All submissions
become the property of ILSA, and unless otherwise noted, all
published content is copyrighted by the International Law Students
Association, Inc., all rights reserved 2007.
For advertising information, please contact the Quarterly
Editorial Staff at quarterly@ilsa.org.

Inside this Issue
From the Editor....................................................................................................2
Jill Schmieder Hereau
Chapter Happenings..................................................................................4
News from ILSA Chapters around the world sharing
exciting stories, activities, and upcoming events.
Sudanese Refugees: A Continued ..................................30
Search for Safety and Asylum
Jennifer Stringfellow and Melina Neely
Decades of civil war and generalized violence in Sudan
have forced many to flee to other countries in search of
asylum, but often it is not found. Why?
ILSA Events Calendar...............................................................................8
Information about the ILSA Spring Conference and the
Midwest Regional Conference on International Justice.
Chapter Awards................................................................................................9
ILSA is now accepting nominations for the 2008 Chapter
Awards.
Careers in International Law:.................................................10
Asylum Practice
Bonnie Simran Bhatia
Regina German, Director of the Rocky Mountain Survivors
Center, discusses her career as an asylum lawyer, and
offers insight to students seeking a career in this field.
Humanitarian Imperatives are .............................................14
Transforming Sovereignty
Roberta Cohen
Humanitarian organizations often enter conflict zones to
provide emergency assistance to populations displaced
and in danger. Their presence in intra-country conflicts
reflects how the concept of sovereignty is evolving: the
international community now believes it should act when a
government fails to provide for the security and well-being
of its population.
Understanding LL.M. Programs...........................................34
Jessica Carvalho Morris
Many aspiring lawyers want to know: is a law degree
enough? Jessica Carvalho Morris, Director of Foreign and
International Graduate Programs at the University of Miami
School of Law, gives advice to students interested in pursuing
an LL.M. degree.
2008 LL.M. Program Listings.....................................................37
A comprehensive list of LL.M. programs offered by law
schools from around the world.
Understanding the International ......................................72
Court of Justice
Vinicius Portugal
An in-depth look at criticisms levied against the Court.
Implications of NAFTA on the.................................................74
U.S. - Mexico Border
Monica Sherman
NAFTA was heralded as a “green” treaty because enviornmental
protections were included in the final agreement.
But the enviornmenal provisions of NAFTA have not succeeded
as drafters had hoped.
1
The Economic Rights of Iraq’s Displaced............24
Citizens under the Iraq Constitution
Haider Ala Hamoudi
Citizens uprooted by the Iraq war are entitled to some
relief under the Iraqi constitution and other domestic laws.
However, as Haider Ala Hamoudi explains, legal and political
institutions in Iraq might not be ready or able to enforce
these constitutional provisions.
ILSA Quarterly » volume 16 » issue 3 » February 2008
Court Watch: Tracking Current ...........................................78
Developments in International Law
John Blatt and Alexandra Geiger
A summary of recent cases adjudicating international law
issues, including a discussion of the case Canadian Council
for Refugees v. The Queen.
Contributors.........................................................................................................84

From the Editor
by Jill Schmieder Hereau
2
As this issue of the ILSA Quarterly is sent
to print, news about the crises in Kenya,
Chad, Sudan and Iraq fill the news. But
these are not the only humanitarian emergencies
that should grab our attention; the United
Nations estimates that 14 million refugees in
countries around the world are in need of aid and
protection. Tens of millions more have been internally
displaced by armed conflict and are equally
in need of assistance from the international community.
In an effort to educate students about
current and future challenges to refugee protection,
and to discuss how world leaders should
address refugee crises unfolding around the
globe, the ILSA Executive Office and Student
Officers focused the annual Spring Conference
on this topic. We invite students to join leading
experts in the field of refugee law and policy at
this Conference, which will be held April 10-12
in Washington, D.C. The Conference registration
form and schedule can be found online at www.
ilsa.org/conferences/index.php.
A portion of this issue of the ILSA Quarterly is
also devoted to refugee law and policy. This is
meant to be a “Spring Conference Preview.”
Three of the contributors to this issue - Roberta
Cohen, Haider Ala Hamoudi, and Regina Germain
- will all be speaking at the Spring Conference.
Students also wrote some of the featured
articles, providing readers insight into this interesting
yet tragic topic.
This issue also contains ILSA’s 2008 LL.M. Program
Listings. These are meant to guide the
growing number of students who find that - in
the increasingly competitive job market - a specialized
legal degree is invaluable. Jessica Carvalho
Morris, the Director of Foreign and International
Graduate Programs at the University
of Miami School of Law, gives guidance in her
article about how to choose
.
an LL.M. program
best-suited for your professional needs. I hope
that you find this issue to be thought-provoking,
inspiring, and informative.
2008 ILSA Spring Conference
Responding to Refugee Crises
The Legal and Moral Responsibilities of the World
Community towards Displaced Persons
April 10 -12, 2008
Fairmont Hotel, Washington D.C.
Registration for the ILSA Spring Conference is now open. Please visit www.ilsa.org to register
and learn more about Conference events.
ILSA Quarterly » volume 16 » issue 3 » February 2008

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ILSA Chapter Happenings
This section contains stories, activities, and upcoming events of ILSA Chapters
around the world. We hope that the shared experiences in this recurring column
will provide our Chapters with ideas and tools to improve their programs. Please
share your Chapter Happenings by sending them to quarterly@ilsa.org.
4
ILSA UPDATE
ILSA Executive Office
Chicago, IL USA
Amity Boye, Executive Director
Already, 2008 has been a momentous year for
our organization. In early January, we unveiled
our new, redesigned website. Please visit www.
ilsa.org to see the improvements that were
made. You will notice that although the look of
the site has changed significantly, the content
has not. Many ILSA members gave us suggestions
on how to improve website content at the
ILSA Fall Congress meeting, and we are working
to implement those suggestions. Among other
notable improvements, information about study
abroad programs, LL.M. programs, and scholarships
will soon be added to the website. Additionally,
we will be launching a student “chat room”
for Chapter members. Please look for these and
other improvements in the coming months.
We have also had an unprecedented year of
Chapter participation in ILSA events. We have
30% more Chapters this year than we did for the
2006-2007 academic year. This increase in participation
was reflected at the ILSA Fall Conference
in Denver, where many members came to hear
renowned experts speak about international environmental
law. ILSA will be hosting its annual
Spring Conference in April, and we expect that
many student members will also participate in
this event. The Spring Conference is entitled
“Responding to Refugee Crises: the Legal and
Moral Responsibilities of the World Community
toward Displaced Persons.” That topic is explored
in this issue of the ILSA Quarterly, and if
the articles pique your interest, please joins us
in Washington, D.C. at the Conference to learn
more. At Spring Conference, the ILSA Spring
Congress will also occur. The Spring Congress is
the annual meeting of all ILSA Chapters, and at
this meeting Chapter Awards will be given out.
For this first time, winning Chapters will receive
a monetary award to assist them in planning
events for the 2008-2009 academic year.
This year, ILSA will also be hosting a conference
in Belo Horizonte, Brazil from August 13-16, 2008
in cooperation with the International Law Society
at Universidade Federal de Minas Gerais.
This will be the first time ILSA has held a conference
outside of the United States. The conference
theme is “Universalism and Regionalism in
International Law: Challenges and Perspectives
towards Cooperation and Conflict Resolution.”
The Conference will examine the role and influence
of regionalism in shaping the development
of international law and policy, as either contributing
to the fragmentation of international law or
promoting the recognition of regional differences
and fostering cooperation among states. In addition,
the Conference will explore the affect of
regional economic and political agreements on
international relations and the continuing development
of international law. The International
Law Society at UFMG plans to work with organi-
ILSA Quarterly » volume 16 » issue 3 » February 2008

ILSA Chapter Happenings
zations and law schools throughout South America
to organize a successful, thought-provoking
event. UFMG students also plan to coordinate
conference-planning efforts with the organizers
of the 73 rd Biennial Conference of the International
Law Association, which will begin August
17, 2008 in Rio de Janerio, Brazil. More information
about this conference will be disseminated
to ILSA members in the coming months.
The Jessup International Law Moot Court Competition
has also grown in size and scope this
academic year. More schools are participating in
the Jessup than ever before, and we expect to
have over 90 countries represented by Jessup
teams at the Shearman & Sterling International
Rounds of the Competition. In other Jessup
news, we have changed the format of the U.S.
National Competition, consolidating from twelve
to six qualifying regions, with each new region
now twice the size as in prior years. These newly
designed regional competitions are being called
“Super Regionals,” and will be held every year
in the same six major cities. The winner and runner-up
of each Super Regional Competition will
advance to compete in the Shearman & Sterling
International Rounds. In addition, ILSA will be
awarding prizes at the U.S. Regional Rounds for
the first time. The newly instituted Claire Holland
Prize will be awarded to the Best Oralist in the Final
Round; Lexis-Nexis has generously sponsored
a $500 prize for both the Winner and Runner-Up
at each Regional Competition; and the First Place
Oralist will receive a cash prize from ILSA in addition
to a copy of Careers in International Law
from the ABA Section of International Law.
We here at the ILSA Executive Office are happy
that you are part of the organization during this
time of growth and appreciate the commitment
of all ILSA members to improving this organization
and advancing the study of international
law.
ILSA NEPAL
Purbanchal University
Kathmandu, Nepal
Niranjan Adhikari, President
Recently founded, the Nepal ILSA Chapter is
already in the process of expanding across Nepal.
Headed by Chapter President Niranjan Adhikari, ILSA
Nepal is currently active within two major universities,
Tribhuwan University (Nepal Law Campus) and
Purbanchal University (Kathmandu School of Law).
The mission of our Chapter is to promote the understanding
of international law in academics, professional
fields, and related institutions. We envision
providing more international events and opportunities
to Nepalese law students. When planning
activities, our Chapter intends to maintain a strong
interdisciplinary approach. To realize our mission,
we are seeking to cooperate with other organizations
in the international law and international relations
fields. By networking with organizations and
individuals in the field of international legal studies,
we believe our programming will improve.
ILSA Nepal has had some successes this year.
President Adhikari has been coaching members of
the Jessup team. Additionally, four Chapter members
participated in the National Conference on
Present Situation of Human Rights in the Country.
This event was held on International Human
Rights Day and was organized by the Committee
on Human Rights and Public Interest of the Nepal
Bar Association. The Chapter members contributed
to this conference by assisting district chapters
of the Nepal Bar Association with event management
and coordination.
More recently, law students from Nepal Law Campus
and Kathmandu School of Law participated in
the Fifth International Conference on International
Environmental Law, held 8-9 December in New
Delhi, India. This event was organized by the In-
5
ILSA Quarterly » volume 16 » issue 3 » February 2008

ILSA Chapter Happenings
dian Society of International Law. ILSA Nepal also
made arrangements with the National Judicial
Academy and Country Office of the International
Commission of Jurists to allow law students to
attend the lecture series of renowned jurist, former
Chief Justice of India, Hon. P.N. Bhagawati.
In the future, ILSA Nepal is planning to organize
a national moot court competition focusing on international
law. We hope that schools from across
Nepal will participate in this competition. Through
this and other initiatives, ILSA Nepal will expand
the scope of regional and international opportunities
available to its members. ILSA Nepal expects
that it will rapidly attract students’ attention in the
near future. We are very happy and pleased to be
members of ILSA.
The ILSA Chapter at the Northeastern University
School of Law has had a productive and exciting
year. We started out the Fall Quarter by forming a
closer relationship with other ILSA Chapters at Boston
law schools, namely Suffolk University, New
England School of Law, and Boston University. We
created a new position in the Chapter -- the Inter-ILS
Representative -- to manage these relationships
and keep our Chapter informed about upcoming international
law events at Boston-area law schools.
This fall, the Co-Chairs of our Chapter worked
closely with the Law School Dean’s Ad Hoc International
Programming Committee to increase the
presence of Global Law at NUSL by hiring more
faculty to teach international law courses. We
strongly lobbied the Appointments Committee
and faculty to take the low number of Global Law
faculty into consideration during the hiring process,
and repeatedly asked students participating
in the process to do the same.
We have also organized many events this
academic year. We held an ILS Social Event in
October to reach out to the greater student body.
This was held at the Solas Pub in downtown
Boston. In November, we organized a brown-bag
luncheon with Dean Freeman who discussed
legal study abroad programs. And in January,
we held an Immigration Conference with the
help of several co-sponsors: Queer Caucus,
BIG, APALSA, LALSA and the Co-op Office.
We had five panelists -- lawyers, a social worker
and a policy analyst/lobbyist -- speak on the
state of immigration in the U.S. and address the
road to reform. It was a big hit with students!
6
NORTHEASTERN ILS
Northeastern University School of Law
Boston, MA USA
Ira Gant, ILS Winter/Summer Chair
Our upcoming plans include another study abroad
panel (this time showcasing students who formed
their own opportunities and went abroad) and another
social event, most likely our annual potluck
where all proceeds will go to a charity such as
Save Darfur.
VERMONT ILS
Vermont Law School
South Royalton, VT USA
Ashley Santner and Chris Karr,
Chapter Co-Chairs
The Vermont Law School (VLS) International Law
Society (ILS) is actively pursuing a variety of interesting
projects this year. Members participate in
weekly language tables to improve their foreign
language skills with exchange students from Italy,
France, Japan, and Russia. As a part of our fundraising
efforts, members donate legal textbooks
to students overseas with the help of our local
bookstore through Books Without Borders. We
plan to hold several ethnic food gatherings and
an international art reception this spring to raise
money for a school in Nepal. Members also help
ILSA Quarterly » volume 16 » issue 3 » February 2008

ILSA Chapter Happenings
each other find internship and job opportunities
through an international contact database.
Also this spring, we have the pleasure of hosting
various speakers at our school. Jeff Qureshi, a VLS
alumnus, will provide insight from his experience
drafting and negotiating international contracts. In
February, ILS is supporting the Native American
Law Society in co-sponsoring a presentation by
Kehaulani Kauanui, a Hawaiian associate professor
with expertise in indigenous rights, feminism, and
tribal sovereignty. In conjunction with the National
Association of Environmental Law Societies conference
at VLS this March, ILS and the Black Law
Students Association will host a panel about the
hazards of lead based paint and its effect on immigrant
communities. Also during this conference,
ILS will host a workshop to give students perspective
on practicing law in a global environment.
Vermont ILS members have also
been busy with another large project.
Members formed the Military
Related Environmental Concerns
(MREC) subcommittee in 2006 to
report on environmental aspects of
military establishments based on local
experience overseas. Since October
2007, we have been working
with the United Nations Environmental
Programme (UNEP) to support a
global survey on how environmental
norms apply to military establishments
during peacetime.The UNEP
seeks input from Civil Society Organizations
(CSOs) such as NGOs, local
authorities and concerned individuals
in the international community. As
part of this project, we have contacted
CSOs around the world and
have compiled responses for UNEP
regional meetings. Last October, we
compiled twenty responses from African
CSOs representing eleven countries
and submitted a report to the UNEP regional
meeting for Africa. At the meeting, the UNEP circulated
our report (available at http://www.unep.
org/civil_society/recommendations/index2.asp).
This January, we helped twelve CSOs representing
five countries of Asia and the Pacific with a
report for their regional meeting. Like the previous
report, we received positive feedback from
the UNEP, as well as appreciation from a Guam
EPA representative. We are now helping CSOs
in Latin American and the Caribbean contribute
to the global survey by compiling reports and
submitting a CSO report for the upcoming UNEP
Global Civil Society Forum set for February 2008.
We are eager to broaden our involvement with
sources in each region, so we are looking for
other students, faculty, and
.
chapters that may
be interested in joining us to prepare a comprehensive
report for the 2009 UNEP International
Conference on this issue.
Center for International
and Comparative Law
LL.M. Program in American
Law for Foreign Lawyers
The LL.M. Program for Foreign Lawyers is a one year graduate program. The curriculum
allows each LL.M. student to design, in cooperation with a faculty adviser, a course of
study meeting the student’s personal needs and goals. The Program requires the
successful completion of 24 credit hours. Applicants must have a law degree from a
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in their home country and oral and written proficiency in the English language.
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ILSA Quarterly » volume 16 » issue 3 » February 2008

African Voices, Global Choices:
Impact on Human Rights
Radisson, Stuart Street
Boston, MA USA
March 15, 2008
Organized by the New England School of
Law International Law Society
Students from all universities
are welcome to attend
Contact: for more information, please
visit www.impactonhumanrights.com
The ILS is hosting a human rights event
on March 15. The conference consists of
3 panels addressing human rights issues
in Zimbabwe, Congo and Sudan. Speakers
include former Ambassador David
Shinn, SUNY Professor Claude Welch,
Zimbabwe author Judith Garfield Todd,
and AIUSA Advocacy Director for Africa
Lynn Fredriksson. A benefit concert will
take place following the conference, and
all proceeds will go to Elias Fund.
Philip C. Jessup International
Law Moot Court Competition
Fairmont Hotel
Washington, DC USA
April 6-12, 2008
Administered by the International Law
Students Association
Contact: Jeremy Gordon at
jessup@ilsa.org or www.ilsa.org.
2008 Compromis Topics: The Jessup
problem addresses legal issues related
to terrorism and human rights
More than 500 schools from over 80
countries participate in the Jessup,
making it the largest moot court competition
in the world. The Competition
involves a hypothetical legal case before
the International Court of Justice. Teams
from each country will travel to Washington,
D.C. in April to participate in the
Shearman and Sterling International
Rounds and other Jessup festivities.
8
ILSA Events Calendar
ILSA Spring Conference:
Refugee Law and Policy
Fairmont Hotel
Washington, DC USA
April 10-12, 2008
Sponsored and organized by the
International Law Students Association
Midwest Regional Conference
on International Justice
Harold Washington Library
Chicago, Illinois USA
April 25, 2008
Funded by the MacArthur Foundation
ILSA Conference - Brazil 2008
Universidade Federal de Minas Gerais
Belo Horizonte, Brazil
August 12-15, 2008
Sponsored by ILSA and the International
Law Society at UFMG
Students from all universities
are welcome to attend
Registration Deadline: Registration
forms are available online at
www.ilsa.org and registration will be
allowed on-site.
Contact: email cco@ilsa.org or visit
www.ilsa.org
Students from all universities are
welcome to attend
Location: Harold Washington Library,
400 S. State St, Chicago, IL 60605
Contact: EDREW3@depaul.edu
Students from all universities
are welcome to attend
Location: Universidade Federal de
Minas Gerais, Belo Horizonte, Brazil
Contact: ilsa-summer-conference@
googlegroups.com
This conference will be used as a forum
to discuss the obligations that all nations
owe to individuals who have been forced
to flee their homes and countries as a
result of conflict, persecution, or environmental
catastrophe. The conference will
be held in conjunction with the Shearman
& Sterling International Rounds of the
Philip C. Jessup International Law Moot
Court Competition and the Annual Meeting
of ASIL.
Student are invited to attend the Midwest
Regional Conference on International
Justice. The Conference is entitled
“Celebrating the 10th Anniversary of the
Rome Conference Establishing the ICC”
and will feature distinguished speakers
such as Luis Moreno - Ocampo, Chief
Prosecutor of the ICC and Philippe Kirsch,
President of the ICC. Students may attend
the Conference at no cost.
ILSA, in cooperation with the International
Law Society at Universidade
Federal de Minas Gerais, will be holding
its first conference outside of the United
States. The conference will be held at
Universidade Federal de Minas Gerais in
Belo Horizonte, Brazil from August 13-16,
2008. The Conference is entitled “Universalism
and Regionalism in International
Law.”
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 ILSA Chapter Awards
The ILSA Student Officers are proud to
announce the Third Annual ILSA Chapter
Awards. The International Law Students
Association recognizes that many ILSA chapters
often go above and beyond in their efforts to
promote the study and understanding of international
law. In order to recognize these accomplishments,
Chapter Awards are given annually
to chapters that best exemplify the characteristics
described in each award category.
Any events that a chapter has hosted or produced
from January 2007 to January 2008 are eligible
for consideration. Chapters may nominate themselves
for one or more award, and may nominate
one activity or event in more than one category.
Nomination forms are available from ILSA
Student President Rob Magouirk (president@
ilsa.org) or Jill Hereau (jshereau@ilsa.org).
Nominations will be considered by the ILSA
Executive Director, the ILSA Programs Coordinator,
the elected student officers and other ILSA
staff. The Chapter Awards will be given out at
the 2008 Spring Conference in Washington, D.C.
Questions regarding the awards and nomination
form may be directed to Rob Magouirk or Jill
Hereau.
Best All-Around Chapter
award is not required to have been
to devote their agenda exclusively to
The award for “Best All-Around
unsuccessful in the past, but must
lectures and conferences, and that it
Chapter” honors a chapter which has
merely have grown considerably and
is important to learn from one’s peers.
organized or sponsored many successful
events throughout the course of
expanded its dedication to the promotion
and study of international law.
The winning event should be attended
by a relatively large number of chapter
9
the academic year and has maintained
members, other law school organiza-
a large number of student members in
Best Academic International Event
tions, and faculty members, and may
its chapter (relative to the size of the
(Symposium/Lecture/Speaker Series)
be open to members of other chapters.
student body). This chapter’s events
The award for “Best Academic
Additionally, this event should incorpo-
should be varied in type and scope,
International Event” will be presented
rate some aspect of international law
incorporating educational, philanthrop-
to a chapter that has planned and
or international relations.
ic, and social events into its calendar.
executed a successful, well-attended
The “Best All-Around Chapter” should
event which best reflects the nature
Best Philanthropic Event/Activity
demonstrate a commitment to advanc-
and importance of international law.
The award for “Best Philanthropic
ing an understanding of international
This event may include speakers,
Event/Activity” will be presented to
law within its school and community.
lectures, panel discussions, or any
a chapter that planned or sponsored
other format, but must be educational
a successful, well-attended event or
Most Improved Chapter
and creative, and should reflect the
activity that benefits a charitable
The “Most Improved Chapter” award
chapter’s understanding of the mean-
organization or cause. The winning
acknowledges a chapter which has,
ing and value of international law.
event may or may not include fund-
in the course of the year, expanded its
raising, should be open to the entire
membership, developed its program-
Best International Social Event
community, and should be international
ming, and achieved a significantly
The “Best International Social Event”
in character and scope.
greater level of success from the
award takes into account that
previous year. The recipient of this
successful ILSA chapters do not have
ILSA Quarterly » volume 16 » issue 3 » February 2008

Careers in International Law: Asylum Practice
An Interview with Attorney Regina Germain
by Bonnie Simran Bhatia
10
Regina Germain is a nationally-recognized
asylum law expert. As an asylum lawyer,
Regina assists refugees who seek to
escape persecution by resettling outside their
home country. Regina guides these refugees
through the U.S. asylum law process with the
aim of securing them a permanent home in the
United States.
Regina has a long history of working in the
public interest. While in law school, she was an
intern at the Chicago Legal Assistance Foundation
and also worked on the Illinois Migrant Legal
Assistance Project, where she helped farm
workers apply for legal status under the U.S. amnesty
program in place at that time. After receiving
her law degree, she practiced employment,
labor and immigration law for two years at Reed
Smith Shaw & McClay in Pittsburgh, Pennsylvania.
When she left the firm she began pursuing
her real passion – asylum law – as an attorney at
the Central American Refugee Center in Houston,
Texas. At the Central American Refugee
Center, Regina led a delegation of attorneys and
law students to El Salvador to investigate a 1982
El Mazote massacre, after which they filed a report
with the United Nations Truth Commission.
Years later, Regina moved to Arizona and became
a managing attorney at Community Legal
Services in Phoenix. In this capacity, she represented
clients seeking asylum, visa petitions and
humanitarian matters in proceedings before the
INS, the Immigration Court, and the Board of Immigration
Appeals. After a year in Phoenix, Regina
began work at the Florence Immigrant and
Refugee Rights Project, in Florence, Arizona,
where she spent a considerable amount of effort
encouraging private attorneys to provide pro
bono legal assistance to detained immigrants.
From the Florence Project, Regina went on to
serve as Senior Legal Counselor for the United
Nations High Commissioner for Refugees, a
position she had always hoped to reach. During
her almost six years as Senior Legal Counselor,
Regina frequently spoke at immigration law
conferences, INS asylum officer trainings, and
at many law school and bar association events.
It was only natural then that following her work
with the United Nations, Regina became an Advocacy
Fellow at the Center for Applied Legal
Studies at Georgetown University Law Center.
As an Advocacy Fellow, she co-taught many
clinical classes. She later was a Visiting Assistant
Professor at the University of Denver College
of Law, and currently teaches Asylum Law
there as an adjunct professor. This position is
a good fit for Regina, as she is also the author
of the course book Asylum Primer: A Practical
Guide to U.S. Asylum Law and Procedure for
the American Immigration Lawyer’s Association
(AILA).
Regina’s passion for community service did
bring her back to the practice of public interest
law, and currently she is working as the Legal
Director for the Rocky Mountain Survivor’s Center
in Denver, Colorado. Her career in international
law is an impressive one, and she was
kind enough to discuss her experiences with
Editorial Board member Simran Bhatia.
Simran: What drew you to a career in asylum
law?
Regina: After I completed my undergraduate
degree, I served as a volunteer English teacher
to immigrant students, many who were from El
Salvador. I really wanted to find a way to help
the immigrant population, and teaching English
ILSA Quarterly » volume 16 » issue 3 » February 2008

Careers in International Law
as a second language was one way to begin doing
that. When I began law school, I was interested
in labor and employment law. At this time,
there were no immigration law courses offered
at the University of Pittsburgh. After law school,
I had the opportunity to work on a pro bono asylum
case for two Salvadoran men. It was quite
an experience. After working for two years at a
large law firm, I decided to practice asylum law
full-time.
What are your responsibilities in your current
position as the Legal Director for the Rocky
Mountain Survivor Center?
The Rocky Mountain Survivor Center is a center
for torture survivors. I act as an in-house attorney,
and also work to train and mentor the attorneys
and interns that work here on a pro bono
basis. Also, I conduct the Center’s monthly asylum
law breakfasts, at which the pro bono attorneys
and more experienced practitioners meet
to discuss issues relevant to the field.
What type of speakers have you had during
your monthly asylum law breakfasts?
One of the great parts about these breakfasts
is that we have had several local, national and
international asylum experts come to speak, including
a Board of Immigration Appeals member,
an Immigration Judge, a Senior Protections
Officer from the United Nations High Commissioner
for Refugees, and speakers from the U.S.
Citizenship and Immigration Service and the Office
for Immigration Review at the U.S. Department
of Justice.
While some speakers “attend” by video or teleconference,
many actually come to Colorado.
Amazingly, the speakers who actually fly out
here do so on their own budget. But I think the
aspect of it that everyone appreciates the most
is that these breakfasts have a significant impact
on the student population. The breakfasts
help to develop the students’ interest in asylum
law by introducing them to people who are influential
in this area, which gives them a taste of
what it is really like to practice asylum law.
Can you share with readers any interesting
memories you have about your clients?
Near the beginning of my career, I worked on a
case of a woman from El Salvador in which some
nuns had posted her bond. Our client was very
concerned about her daughters who were still in
El Salvador, and she wanted to bring them to the
United States. Since I was young and idealistic,
I really thought I could do almost anything. We
filed a petition for humanitarian parole, which is
a measure that is almost never granted, given
the circumstance that the woman had not even
had her immigration hearing yet.
However, the nuns really had some great connections,
and were able to put pressure on Tom
Ridge who was then in the House of Representatives.
He expressed interest in her case to
the INS and at one point in her asylum hearing
process, he wrote a scathing letter to the Department
of State regarding their opinion that
our client could safely return to El Salvador. The
request for humanitarian parole was granted
and the daughters arrived in the United States
before our client’s hearing date. It really solidified
my belief that you should always try, even
if something seems somewhat impossible, because
you never know what will happen!
How were you chosen to write the Asylum
Primer for the AILA?
The opportunity to write the book almost fell
into my lap, in a way. Really when you live and
breathe an area of the law, people start to think
of you when a situation comes up. AILA helped
me work through the entire process of writing
11
ILSA Quarterly » volume 16 » issue 3 » February 2008

Careers in International Law
London Paris Brussels Geneva
Fourteenth
Comparative Law Program in Europe
london ~ paris ~ brussels ~ geneva
May 25 - June 21, 2008
International Economic Law
Seminars at the European Bank for Reconstruction
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and the Organization for Economic Cooperation
and Development. (3 credits)
International Human Rights Law
Seminars at the United Nations, the International
Committee of the Red Cross, the High Commissioners
for Human Rights and for Refugees, and
the International Labor Organization. (3 credits)
International Environmental Law
Seminars at the World Health Organization,
Green Cross, the United Nations Environmental
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treaties in Geneva. (3 credits)
For more information, contact:
Professor Emilio Viano
Sponsored by The Washington College of Law, American University, Washington, DC, and The Center for International Environmental Law, Geneva.
the book. And I have been able to update it every
two years. I was extremely happy when it came
out, because I believe it makes me a better lawyer.
Updating the book forces me to research and
stay informed about all the frequent changes in
asylum law. It has also provided me with the opportunity
to serve as an expert in some federal
and administrative asylum proceedings, as well
as an expert witness before the U.S. House of
Representatives.
When you began writing the casebook, you
were working for the United Nations High
Commissioner for Refugees. What was your
work like there?
As the Senior Legal Counselor, I met with several
advocacy groups and was involved in legislative
work - drafting comments on legislation,
meeting with the immigration service to provide
feedback, and also discussing with the U.S. government
its legal reforms. Additionally, when we
saw that an issue was presenting itself repeatedly,
I would write advisory opinions for those
individual cases.
Drawing on your practical and academic experiences
in the area of asylum law, can you
remark on the current state of U.S. asylum
law and how the law will develop in the future?
I think several things have changed for the better.
During the 1990’s, I worked with the Florence
Immigrant and Refugee Rights Project in Arizona.
This was the first place to conduct “Know
Your Rights” presentations for the detained immigrant
population. The purpose of the presentations
is to give the detainees a brief overview
of the immigration process, such as what relief
they might be eligible for in their native language
if possible. It was a long fight to get federal funding
to do it, but now there are grants given by the
ILSA Quarterly » volume 16 » issue 3 » February 2008

Careers in International Law
federal government. It was the Florence Project
that played a big role in convincing the federal
government that conducting these presentations
was efficient, because when people heard
them and realized there was no relief available
for their particular situation, the government was
able to deport them more quickly. This helped to
weed out those who actually were entitled to
relief, and those who should be sent back. It was
a win-win situation.
However, I do see trends that are disturbing. I
have volunteers that spend 100 plus hours on
a case, and honestly it is almost impossible for
an asylum-seeker to pay someone to adequately
represent them for that long. It is almost as if it
has become too expensive to apply for asylum,
unless pro bono legal aid is available. Hence,
there are a lot of asylum seekers that are not
adequately represented and, at times, poorly
represented. Some part of that is the attorney’s
fault, and some portion is the system’s fault because
of how expensive and time-consuming
the process is.
Do you believe that the U.S. asylum law system
is efficient and fair?
Yes and no. It is harder now than it was in the
past to acquire asylum, because of the evidence
required to substantiate an asylum claim. There
are more procedural and evidentiary barriers and
issues than ever before. There seems to be more
corroboration required, to present evidence (or argue
that you do not have the required evidence).
Also, the one year deadline, within which a case
must be filed, is limiting. That being said, asylum
law has evolved in some areas. For instance,
the substantive law has broadened. Those who
would likely not have had a case fifteen years
ago, such as those who were victims of genital
mutilation or homosexuals, now file claims for
asylum because they are considered members
of a particular social group.
What is your view about the U.S. policy to
detain refugees while asylum petitions are
processed?
The UNHCR believes that detention is inappropriate
and that asylum seekers should not be detained
while refugee status is determined. The
government may have a need to establish someone’s
identity, and that they are not a flight risk,
but once that is established the asylum-seeker
should be released. There are times when I
would visit jails because asylum-seekers were
kept in the same facility. They were held separate
from the prisoners, but if they misbehaved,
they were punished by being sent to reside with
the general prison population. Similarly, asylumseeking
children were held in juvenile detention
at times. The UNHCR has been advocating
against this, arguing that this should not happen.
But changing this policy is difficult; it is an up-hill
battle which has not yet been won.
Can you offer any parting advice to our readers
who are interested in a career in asylum
law?
Talk to people! Call people who are in positions
that you think you might like to have down the
road. I often meet with students to discuss career
paths in asylum law. Students ask; how did
you get here? What should I do to advance my
career? Also, it is important to network with
people and make your interests known. Work
experience is also important. The Immigration
and Nationality Act allows students to represent
actual clients under the supervision of an attorney,
so as a student you can gain experience in
this field..
13
ILSA Quarterly » volume 16 » issue 3 » February 2008

Humanitarian Imperatives
are Transforming Sovereignty
by Roberta Cohen
14
In these first years of the 21st century, it is
not unusual to find hundreds, even thousands,
of humanitarian workers providing
material aid and protection to people caught up
in internal conflicts and strife within their own
countries. Dispatched by international agencies,
non-governmental organizations and donor governments,
humanitarian field staff, sometimes
joined by peacekeeping contingents, are a constant
reminder that the international community
has begun to assume a degree of responsibility
when governments fail to provide for the security
and well being of their populations in humanitarian
emergencies.
This emerging international responsibility to
protect and assist persons within their own
countries reflects new and evolving concepts
of sovereignty. For much of the 20th century,
traditional notions of sovereignty prohibited an
international role in most internal situations. To
be sure, since the 1950s the International Committee
of the Red Cross (ICRC) had a special
mandate to protect civilians in armed conflicts,
and beginning in the 1970s could explicitly act in
non-international armed conflicts. The United Nations
High Commissioner for Refugees (UNHCR)
also began in the 1970s on a select basis to assist
people displaced inside their own countries.
But basically sovereignty and non-interference
in internal affairs were strictly applied, as set
forth in Article 2 (7) of the UN Charter. It was
not until the end of the Cold War that the international
community began in a concerted way
to try to assist and protect people uprooted and
at risk inside their own countries. Internally displaced
persons (IDPs), those forced from their
homes by civil war, generalized violence and human
rights violations who remain within their
own countries, became a leading entry point for
international humanitarian action. As former
UN Secretary-General Javier Perez de Cuellar
observed in 1991, “We are clearly witnessing
what is probably an irresistible shift in public
attitudes towards the belief that the defense of
the oppressed in the name of morality should
prevail over frontiers and legal documents.” i
But the humanitarian imperative of saving
lives had to be reconciled with the most cardinal
principle of international affairs, respect for
non-interference in internal affairs. Whereas the
humanitarian imperative calls for immediate aid
to people whose survival is threatened, respect
for state sovereignty can mean leaving large
numbers to die should their governments refuse
entry to the international community. The United
Nations Charter did not resolve this dilemma,
calling as it did for both the promotion of human
rights internationally (Arts. 55-6) and respect for
non-interference in internal affairs (Art. 2 (7)). A
1991 General Assembly resolution on humanitarian
assistance in emergencies failed in this
respect, as well. Resolution 42/182 said that aid
should be provided “with the consent of the affected
country,” although it added “in principle
on the basis of an appeal by the affected country
[emphasis added],” ii suggesting that there may
be times when the UN would take the initiative.
For UN Secretary-General Kofi Annan, the
problem of internal displacement constituted a
test case for a new balance that was needed
between respect for sovereignty and acceptance
of humanitarian action. The uprooting of people
within their own countries, he wrote, “created
an unprecedented challenge for the international
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Transforming Sovereignty
community: to find ways to respond to what is
essentially an internal crisis.” iii
A Shift in Attention from Refugees to Internally
Displaced Persons
The explosion of civil wars following the Cold
War brought into view large numbers of persons
uprooted inside their own countries. When first
counted in 1982, 1.2 million could be found in 11
countries, whereas by 1995, the total number of
IDPs had surged to 20 to 25 million. iv Most had
little or no access to food, medicine and shelter
and were often found to have higher mortality
rates and higher malnutrition rates than others in
the population. Being uprooted from their homes,
livelihoods and communities, they were also particularly
vulnerable to sexual abuse, forced relocations,
and other manner of violence. Although
their destitute condition and need for international
protection made it imperative to support
them, the international system created after the
Second World War focused almost exclusively
on refugees -- those who fled their countries to
escape persecution. UNHCR, created in 1950,
and the 1951 Refugee Convention provided international
protection to those outside their
countries deprived of the protection of their
governments. Largely in deference to traditional
notions of sovereignty, the system did not extend
to people uprooted inside their countries.
That the system was inadequate to the humanitarian
crises of the 1990s quickly became evident
when IDPs began to outnumber refugees two
to one or more in most emergencies. Indeed,
Sadako Ogata, the UN High Commissioner for
Refugees from 1990 to 2000 took the decision
to expand the “operational coverage” of UNHCR
in different internal war situations to include IDPs
and other affected populations, especially when
they were mixed in with refugees. In her memoirs,
she posed the following question to herself:
“Should we follow the legal dictate of not exercising
our mandate inside the border and thereby
refrain from helping those prevented from crossing
or should we stand more on realistic humanitarian
grounds and extend whatever support
we could?” Ogata chose “to take the realistic
humanitarian course.” v This meant that UNHCR,
despite its refugee mandate, would protect displaced
Kurds inside Iraq in the safe haven created
by a US-led coalition, and in the former Yugoslavia
became the lead agency on the ground for
refugees, IDPs and other affected populations.
The UN General Assembly and Security Council
backed UNHCR’s actions, reinforced by the warning
of UN Emergency Relief Coordinator Sergio
Vieira de Mello that helping refugees but not
others in an emergency could produce “second
class victims” and spawn more conflict. vi Indeed,
Security Council resolutions, beginning in 1991,
began to demand access to internally displaced
persons and other affected populations, and to
authorize the establishment of relief corridors
and cross-border operations to reach
The end of the twentieth century has witnessed a
shift in thinking about sovereignty and noninterference
in internal affairs. While continuing
to recognize sovereignty as the basis for the international
system, the new thinking emphasizes
that when governments fail in their obligations
to provide for the security and well-being of their
populations, the international community has the
right, even the responsibility, to become involved.
15
ILSA Quarterly » volume 16 » issue 1 » October 2007

Transforming Sovereignty
16
people in need. In some cases the Council even
authorized the use of force to ensure the delivery
of relief and provide protection to IDPs and
other affected populations, such as in northern
Iraq, Somalia and Bosnia. vii
The World Summit Outcome document formally
endorsed the responsibility to protect in 2005.
There is, however, no international consensus
on how to apply this concept.
But it was not the humanitarian imperative alone
that underpinned the decisions of the international
community to become involved in countries
of origin. There was also the fact that millions of
people caught up in wars in their own countries
without the basic necessities of life could disrupt
the stability of these countries and undermine
regional and international security. viii Whether in
Bosnia in the former Yugoslavia, Rwanda in the
Great Lakes region of Africa, or in Sierra Leone
in West Africa, conflict and internal displacement
could be seen to be spilling over borders, overwhelming
neighboring countries with refugees
and helping to ignite regional wars. A growing
worldwide inhospitality to refugees also brought
with it greater willingness to help people uprooted
within their own countries.
As IDPs moved to center stage in international
debates about how to protect persons caught
up in internal conflicts, the Secretary-General
in 1992 appointed a Representative on Internally
Displaced Persons, Francis M. Deng, to
monitor displacement situations worldwide and
identify ways to promote better protection and
assistance for them. But states, especially in the
Third World, were wary of this mandate, making
it essential for the Representative to develop a
conceptual framework to reconcile the tension
between a state’s jurisdiction over its population
and international involvement in situations of
internal displacement. ix
Sovereignty as Responsibility
Deng’s answer to situations of internal displacement
was the concept of “sovereignty as responsibility,”
which effectively recast sovereignty as
a form of state responsibility to one’s displaced
population. If a state did not want international
involvement with its IDPs, it should provide for
the security and well being of its population. x
States after all have the primary responsibility to
provide IDPs with life-supporting protection and
assistance, but if they are unable to do so, they
are expected to request and accept outside offers
of aid. If they refuse, or deliberately obstruct
access, and put large numbers at risk, the international
community has a right and even a responsibility
to assert its concern and become involved.
International involvement can range from
diplomatic dialogue to negotiation of access, to
establishing humanitarian presence, to political
pressure or sanctions, and in exceptional cases
as a last resort, to military action. In his dialogues
with governments, Deng repeatedly pointed out
that no state claming legitimacy could quarrel
with its commitment to protect all of its citizens.
Sovereignty must mean accountability to one’s
population and also to the international community
in the form of compliance with international
human rights and humanitarian agreements.
The human rights and humanitarian communities
contributed substantially to this concept.
For decades, human rights advocates had been
championing the view that the rights of people
transcend frontiers and that the international
community must hold governments to account
when they fail to meet their obligations. Indeed,
since the UN’s adoption of the Universal Declaration
of Human Rights in 1948 and subsequent
human rights treaties, an evolution in thinking
began to take place from a strictly state-centered
system in which sovereignty was absolute to
one in which the behavior of states toward their
own citizens became a matter of international
concern and scrutiny. Systematic monitoring,
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Transforming Sovereignty
reporting and exposure of human rights violations
began in the 1970s, reinforced by the
initiatives of governments, in particular the United
States under President Jimmy Carter, who
declared that “no member of the United Nations
can claim that mistreatment of its citizens is
solely its own business.” xi
Sovereignty must mean accountability to
one’s population and also to the international
community in the form of compliance
with international human rights and
humanitarian agreements.
By the 1980s humanitarian organizations were
also insisting that when governments deny
access to populations at risk and deliberately
subject them to starvation and other abuses, the
international community must find ways to reach
those in need. Whereas in 1988, the international
community stood by and watched while 250,000
Sudanese starved to death because their government
denied international access, soon
thereafter UN agencies used hard diplomatic
bargaining to persuade Sudan’s government and
rebel forces to accept Operation Lifeline Sudan. xii
Humanitarian organizations in particular became
emboldened after the Cold War when access
became easier and possibilities opened up to
cross borders and reach populations at risk. A
right to humanitarian assistance and even a right
to intervention (‘le droit d’ingerence’) were proposed
although the latter term initiated by France
was considered too bold and as a result was
frequently challenged as violating the principle
of non-interference in internal affairs. The concept
of sovereignty as responsibility proved a
far more persuasive packaging of the idea that
sovereignty had limits: if it were used to justify
neglect or mistreatment of one’s population,
steps by the international community would be in
order. Put another way, “states are entitled to full
sovereignty so long as they abide by the norms
established by the international community.” xiii
The Guiding Principles on Internal Displacement
The Guiding Principles on Internal Displacement,
the first international standards for IDPs, xiv have
as their foundation the concept of sovereignty as
responsibility. Introduced by Deng into the United
Nations in 1998, they assert that primary responsibility
for the displaced rests with their governments,
but that the international community has
an important role to play when governments fail
to discharge these responsibilities. The Principles
make clear that offers of international aid cannot
be regarded “as interference in a State’s internal
affairs.” Indeed, states have a duty to accept international
aid, are not “arbitrarily” to withhold
consent and must grant “rapid and unimpeded
access” to IDPs. The Principles further assert
that IDPs have certain rights and claims when it
comes to protection and assistance. They have
the right to request and receive protection and
humanitarian aid from their governments, but
that when national authorities are “unable or
unwilling” to provide the required aid, international
organizations have the right to offer their
services. The Principles also call upon humanitarian
organizations to “give due regard to the protection
needs and human rights” of IDPs and “take
appropriate measures in this regard.” Such action
goes beyond the provision of food, medicine and
shelter to enabling international organizations
to play a role in protecting the physical security
of the displaced from violations of their human
rights. A 2000 UN policy paper, adopted by the
Inter-Agency Standing Committee (composed
of all the major humanitarian organizations)
reinforced this international protection role of
IDPs as set forth in the Guiding Principles. xv
Although not a legally binding document like a
treaty, the Guiding Principles in a relatively short
period of time have gained considerable international
recognition and standing. UN resolutions
17
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Transforming Sovereignty
18
regularly refer to them as an “important tool”
and “standard,” and the World Summit Outcome
document of 2005, signed by 192 heads
of state and government, recognize them as
“an important international framework for the
protection of internally displaced persons.” xvi
Regional organizations use them as an authoritative
document, UN humanitarian staff rely upon
them as a framework, and a small but growing
number of governments have begun to incorporate
the Principles into their national policies and
laws on internal displacement. xvii Currently, the
African Union is developing a legally binding instrument
based on the Guiding Principles while
the member states of the International Conference
on the Great Lakes Region have already
adopted a legally binding Protocol on internally
displaced persons that obliges states to accept
the Guiding Principles by incorporating them into
domestic law. That sovereignty is increasingly
being viewed as a form of responsibility towards
one’s citizens, especially one’s displaced population,
is reflected in this growing application of
the Guiding Principles.
The Responsibility to Protect
The concept of sovereignty as responsibility also
became the foundation for the new landmark
concept – the “responsibility to protect” (R2P).
In 2004, the UN Secretary-General’s High-level
Panel on Threats, Challenges and Change affirmed
that,
Whatever perceptions may have prevailed
when the Westphalian system first gave
rise to the notion of State sovereignty,
today it clearly carries with it the obligation
of a State to protect the welfare of
its own people and meet its obligations
to the wider international community.
But history teaches us all too clearly that
it cannot be assumed that every State
will always be able, or willing, to meet its
responsibilities to protect its own people
and avoid harming its neighbours. And in
those circumstances, the principles of
collective security mean that some portion
of those responsibilities should be
taken up by the international community...
xviii
The World Summit Outcome document formally
endorsed the responsibility to protect in 2005.
The document asserts that states are expected
first and foremost to protect their own populations,
but if they are unwilling or unable to do
so, and their citizens are subjected to genocide,
ethnic cleansing, war crimes and crimes against
humanity, then responsibility shifts to the international
community, which is expected to take
collective action. xix
The document’s articulation of R2P is a clear
affirmation that sovereignty cannot acceptably
serve as a barrier behind which governments can
commit crimes against their population. The concept
instead reflects the view that when large
numbers of people are in desperate need of the
basic necessities of life, their situation goes beyond
being an internal matter and becomes one
in which the international community must play
a role. Indeed, concepts of security have broadened
to include “human security” in addition to
state security, xx reaffirming former Secretary-
General’s Annan’s view that while respect for
sovereignty offers vital protection to small and
weak states, “it should not be a shield for crimes
against humanity.” xxi
There is, however, no international consensus
on how to apply R2P. In fact, R2P is often mistakenly
equated with military intervention without
sufficient thought given to the diplomatic,
humanitarian, political and economic measures
that need to precede more robust action. In an
effort to give greater attention to the non-military
steps that could be taken, the Secretary-General
appointed in 2004 a Special Adviser on the
Prevention of Genocide and Mass Atrocities and
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Transforming Sovereignty
more recently announced his intention to appoint
a Special Adviser on the Responsibility to
Protect. Both advisers are intended to work together
in raising international awareness to the
need for prevention and protection of civilians
and in mapping out the strategies to take prior
to coercive action.
International involvement with internally
displaced persons has become an increasingly
accepted course of action and most governments
do not regard people at risk inside their
countries as strictly a national problem.
In cases where military action is needed, there
is as yet no agreed upon criteria for when to use
force in humanitarian or human rights emergencies;
nor does a ready UN capacity for enforcement
exist. Whereas some insist that the
responsibility to protect must be decided with
Security Council approval, others maintain that
if the Security Council fails to act, humanitarian
action can be undertaken by coalitions of the
willing who will secure international approval
thereafter (as in the case of Kosovo). The World
Summit Outcome document doesn’t indicate
what road to take if the Security Council fails to
act. Nor does it create structures to help implement
R2P, such as “strategic reserves that can
be deployed rapidly” as called for by Annan. xxii
In the World Summit Outcome document, heads
of government urged only the “further development
of proposals” to create such capacity. They
did, however, ask regional organizations to “consider
the option” of placing their military capacity
under UN standby arrangements and endorsed a
standing police capacity, which if formed, could
prove valuable for protection. xxiii
Over the years, some influential members of the
Group of 77 have strongly opposed international
humanitarian action on the grounds that it could
be a cover for the interference of powerful countries
in the affairs of weaker states. Egypt, Sudan
and India even initially raised objections to the
Guiding Principles on Internal Displacement on
grounds of sovereignty, xxiv although in the end
they voted for the World Summit Outcome document
and other UN resolutions supporting the
Principles and R2P. China has regularly insisted
that no state should interfere in the internal affairs
of another state in the name of humanitarian
action. xxv In the case of Darfur, China has
regularly weakened Security Council resolutions
despite the genocidal acts of Sudan’s government
against its African tribes. xxvi
Indeed, the case of Darfur brings out the difficulties
of making R2P operational. Bowing to
international pressure, Sudan allowed in more
than 14,000 humanitarian workers (about 1,000
are international staff) to assist the more than
two million IDPs in camps. It also has allowed
in more than 7,000 African Union troops and
police not only to monitor the cease-fire but also
to provide a modicum of protection for the IDPs.
Further, Sudan’s government agreed to the
terms of the 2006 Darfur Peace Agreement that,
although not in force because of rebel objections,
authorized African Union troops to create
buffer zones around the IDP camps, accompany
displaced persons to areas of return as well as
perform other protection functions. But at the
same time Sudan has made it extremely difficult
and even dangerous for humanitarian staff to
operate in Darfur, has failed to disarm Janjaweed
militias responsible for attacking non-Arab
villagers and IDPs, and has taken all possible
steps to thwart the African Union mission from
protecting IDPs. xxvii
The UN Security Council has been hard pressed
to resolve the crisis. Its resolution 1706 of August
31, 2006 did take the bold step of authorizing the
deployment of a UN force to Darfur of 20,000
military and police, under Chapter VII of the UN
Charter (which is mandatory) and empowered it
to “use all necessary means” to “protect civil-
19
ILSA Quarterly » volume 16 » issue 3 » February 2008

Transforming Sovereignty
20
ians under threat of physical violence,” “prevent
attacks and threats against civilians” and protect
humanitarian workers. However, the same
resolution, at China’s insistence, also “invite[d]
the consent” of the government of Sudan.
This clause largely emasculated the Chapter VII
requirement (UN staff dubbed it “Chapter 6 and
a half”), and emboldened Sudan to reject the
UN deployment. For more than ten months, as
a result, the UN Secretary-General and numerous
governments sought to persuade Sudan to
accept an international force or at least a hybrid
UN/AU force. In June 2007, the Sudanese government
finally relented, agreeing to a 26,000
strong hybrid force (with mostly African troops
and under African operational command), although
it remains to be seen whether it will actually
allow in large numbers of troops and police
and not interfere with the Chapter VII protection
mandate given to the force by Resolution 1769
of July 31, 2007.
Increasingly, actions on Darfur are being framed
in terms of the responsibility to protect. Security
Council Resolution 1706 was the first to cite
and apply the R2P concept to a specific situation
while Resolution 1769 emphasizes the importance
of protecting civilians and humanitarian
workers as well. It bears noting that many sub-
Saharan African governments strongly defended
the R2P concept in the case of Darfur. In the UN
Security Council, Ghana objected to asking for
Khartoum’s consent, xxviii on the grounds that African
governments under the AU charter have an
obligation to intervene in the affairs of another
state when its people are at risk. xxix Liberia’s President
called upon the UN to exercise Chapter VII
authority in Darfur because “the world must not
allow a second Rwanda to happen.” xxx
But international divisions in the Security Council
have made strong collective action on Darfur difficult
to achieve. In the face of objections from
China, Russia and the Arab League, as well as
US preoccupation with Iraq, there is no coalition
of governments ready to stand firmly behind
R2P and ensure that Resolution 1769 is effectively
carried out. Although China did in the end
press Sudan to accept the hybrid force, any reference
to sanctions was removed from the text.
Nor is there a UN rapid reaction military force or
standby police capacity to carry R2P forward. It
could thus take more than half a year for all the
troops in the hybrid force to be assembled, adequately
equipped and on the ground in Darfur.
Without international enforcement machinery,
these and other Security Council resolutions,
such as number 1296 that speaks of creating
security zones and safe corridors and identifying
situations where IDPs may be endangered in
camps, xxxi could remain largely unenforced. International
concepts of protection outpace the ability
to implement them, leading many to turn to
prevention as a more effective first step. At the
same time, efforts are underway to identify the
specific steps needed to implement R2P. xxxii
Working with Sovereignty
Although Sudan is often presented as the R2P
worst “test case,” with governments like Myanmar
and Zimbabwe following close behind, xxxiii a
broader and longer-term perspective is needed.
A growing number of governments are now
ready to cooperate with the international community
in addressing conflict and displacement
in their countries. In fact, most countries today
allow some form of access to their displaced
populations, and some even welcome international
engagement, including peacekeepers and
humanitarian workers. xxxiv The Representative of
the UN Secretary-General on the Human Rights
of IDPs, Walter Kalin, has more invitations from
governments to visit their countries than he can
manage. His reports on Turkey, Azerbaijan, Georgia,
Uganda, Ivory Coast, Colombia, Nepal and
others reveal that a number of these governments
have been working closely with the UN
to develop policies and laws on internal displacement
and set up institutions to enforce them. xxxv
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Transforming Sovereignty
The government of Turkey, for example, which
for decades refused entry to the international
community, invited the Representative to visit
on several occasions and has been cooperating
with international organizations in developing
plans for the return and reintegration of its displaced
population. The government of Georgia
has developed an IDP policy in line with the Representative’s
recommendations.
International humanitarian organizations have
also been working to create a more predictable
international system for IDPs based on the
assumption that these organizations have a
right and responsibility to work in countries
beset by conflict and displacement. In 2006, the
UN Emergency Relief Coordinator, who serves
as focal point for coordinating assistance and
protection to IDPs, introduced a new system,
the ‘cluster approach’ to increase international
accountability to IDPs. xxxvi Under this arrangement,
specific responsibilities for IDPs are assigned
to international agencies with expertise
in these areas. Thus, UNHCR has become the
lead for IDPs when it comes to protection, camp
management and emergency shelter while
UNDP has assumed responsibility for early recovery
and other organizations have taken the lead
in health, sanitation, nutrition and other sectors.
Although China, Russia and governments in the
G-77 sensitive to international involvement with
internally displaced populations have at times
questioned the new system, UNHCR as the
main protection lead believes it can remain committed
to greater involvement with IDPs. xxxvii UN
peacekeeping forces also are being increasingly
called upon, in emergencies around the world,
to protect internally displaced persons and other
civilian populations, accompany humanitarian
aid convoys, and help refugees and IDPs return
home safely. xxxviii Regional organizations, moreover,
like the African Union and European Union
are working to develop rapid response capabilities
for emergencies.
Conclusion
The end of the twentieth century has witnessed
a shift in thinking about sovereignty and non-interference
in internal affairs. For centuries, both
were considered stabilizing elements in international
relations. But when exercised in absolute
terms, they were seen to produce holocausts
and other humanitarian and human rights disasters.
While continuing to recognize sovereignty
as the basis for the international system, the
new thinking emphasizes that when governments
fail in their obligation to provide for the
security and well being of their populations, and
large numbers are at risk, the international community
has the right, even the responsibility, to
become involved.
The power of these new ideas is evident. States
today can expect limits on their sovereignty
when they blatantly refuse to live up to their humanitarian
obligations. International involvement
with internally displaced persons has become an
increasingly accepted course of action and most
governments do not regard people at risk inside
their countries as strictly a national problem.
In fact, internally displaced persons and other
people in acute need of humanitarian assistance
and protection are increasingly seen as having
certain rights and claims on the international
community when their governments do not act
responsibly or where there is a disintegration of
the state. Greater humanitarian and peacekeeping
presences in the field in emergency situations
reflect this, bolstered by documents like
the Guiding Principles on Internal Displacement
and the World Summit Outcome document’s
R2P. Nonetheless, concepts of sovereignty as
responsibility and the responsibility to protect
remain far ahead of international willingness and
capacity to enforce them. Assuring action by the
international community to
.
assist and protect
civilians inside countries and hold their governments
to account will remain a major challenge
for the twenty-first century.
21
ILSA Quarterly » volume 16 » issue 3 » February 2008

Endnotes for Transforming Sovereignty
22
Endnotes for Transforming Sovereignty:
[i] Javier Perez de Cuellar, as quoted in Roberta Cohen and
Francis M. Deng, Masses in Flight: The Global Crisis of Internal
Displacement, Brookings Institution, 1998, p. 1.
[ii] United Nations General Assembly, “Strengthening of
the Coordination of Humanitarian Emergency Assistance
of the United Nations,” A/RES/46/182, 19 December 1991.
[iii] Kofi Annan, Preface, in Cohen and Deng, Masses in
Flight, p. xix.
[iv] Cohen & Deng, Masses in Flight, p. 3.
[v] Sadako Ogata, The Turbulent Decade, W.W. Norton &
Company, 2005, pp. 19, 25, 3, 170.
[vi] Sergio Vieira de Mello, Briefing before the UN Security
Council, Inter-Office Memorandum, New York, 3 June
1999.
[vii] See Walter Kalin and Robert K. Goldman, “Legal Framework,”
in Cohen & Deng, Masses in Flight, pp. 118-120, and
pp. 362-3, note 200.
[viii] Annan, Preface, Masses in Flight, p. xix.
[ix] Thomas G. Weiss and David A. Korn, Internal Displacement:
Conceptualization and its Consequences, Routledge,
2006, pp. 27-8.
[x] See Cohen & Deng, Masses in Flight, pp. 275-280. See
also Roberta Cohen, “Human Rights Protection for Internally
Displaced Persons,” Refugee Policy Group, June 1991.
The RPG report affirmed that sovereignty “does not have
to mean that a state can behave in any way it wants toward
its own citizens without consequences. Sovereignty
carries with a responsibility on the part of governments to
protect their citizens.” See also Francis M. Deng, Protecting
the Dispossessed, Brookings Institution, 1993.
[xi] Jimmy Carter, Address before the United Nations, New
York Times, March 18, 1977.
[xii] See for example, Francis M. Deng and Larry Minear,
The Challenges of Famine Relief: Emergency Operations in
the Sudan, Brookings Institution, 1992.
[xiii] Amitai Etzioni, “Sovereignty as Responsibility,” Orbis,
Winter 2006, p. 83.
[xiv] United Nations Commission on Human Rights,
The Guiding Principles on Internal Displacement, UN
Doc. E/CN.4.1998/53/Add.2, 1998, reprinted as OCHA/
IDP/2004/01.
[xv] United Nations, Inter-Agency Standing Committee,
“Protection of Internally Displaced Persons,” IASC Policy
Paper Series, No. 2, New York, 2000.
[xvi] United Nations, World Summit Outcome, para. 132,
Resolution A/RES/60/1, September 15, 2005; see also Walter
Kalin, “The future of the Guiding Principles on Internal
Displacement,” Forced Migration Review, special issue,
December 2006.
[xvii] Jessica Wyndham, “A Developing Trend: Laws and
Policies on Internal Displacement,” Human Rights Brief,
Washington College of Law, American University, Winter
2006.
[xviii] United Nations, Report of the Secretary-General’s
High-level Panel on Threats, Challenges and Change, 2004,
p. 17.
[xix] United Nations, 2005 World Summit Outcome, para.139.
See also Report of the International Commission
on Intervention and State Sovereignty, The Responsibility
to Protect, International Development Research Centre, Ottawa,
December 2001.
[xx] Ibid. Report of the International Commission on Intervention
and State Sovereignty, p. 15.
[xxi] Kofi Annan, Statement to the General Assembly, on
presenting his Millennium Report, New York, 3 April 2000.
[xxii] United Nations, In larger freedom: toward development,
security and human rights for all, Report of the Secretary-General,
UN Doc. A/59/2005, para. 112.
[xxiii] United Nations, 2005 World Summit Outcome, paras.
92-3, 170.
[xxiv] See UN Office for the Coordination of Humanitarian
Affairs, “Sovereignty,” in No Refuge: the Challenge of
Internal Displacement, United Nations, 2003, pp. 47-8;
and Roberta Cohen, “The Guiding Principles on Internal
Displacement: An Innovation in International Standard Setting,”
Global Governance, Vol.10, No.4, Oct-Dec 2004, pp.
472-475, 477.
[xxv] See UN Office for the Coordination of Humanitarian
Affairs, No Refuge, p. 47.
[xxvi] Only recently in response to international criticism
of China’s hosting of the 2008 Olympics has China begun
to press Sudan’s government to accept an international
force in Darfur, see “Chinese To Deploy Soldiers To Darfur,”
Washington Post, May 9, 2007.
[xxvii] See William G. O’Neill and Violette Cassis, Protecting
Two Million Internally Displaced: The Successes and Shortcomings
of the African Union in Darfur, Brookings-Bern
ILSA Quarterly » volume 16 » issue 3 » February 2008

Endnotes for Transforming Sovereignty
Project on Internal Displacement, November 2005.
[xxviii] William G. O’Neill, “The Responsibility to Protect,”
Christian Science Monitor, September 28, 2006.
[xxix] The AU’s Constitutive Act of July 11, 2000 establishes
“the right of the Union to intervene in a Member State pursuant
to a decision of the Assembly in respect to grave
circumstances, namely: war crimes, genocide and crimes
against humanity.” Indeed, the AU is the first regional organization
to recognize the right to intercede in a member
state on humanitarian and human rights grounds.
[xxx] UN News Service, September 20, 2006, as quoted in
Eric Reeves, “A Spectacle of Impotence at the UN: Darfur
Security Remains Solely with AU,” September 24, 2006.
[xxxi] UN Security Council, Resolution on Protection of Civilians
in Armed Conflict, S/RES/1296, 19 April 2000.
[xxxii] In addition to the proposed appointment of a Special
Adviser to the UN Secretary-General on R2P, there are
several recent studies on how to apply R2P. See Victoria K.
Holt & Tobias C. Berkman, The Impossible Mandate?: Military
Preparedness, the Responsibility to Protect and Modern
Peace Operations, The Henry L. Stimson Center, 2006;
and Lee Feinstein, “Darfur and Beyond: What Is Needed
to Prevent Mass Atrocities,” Council on Foreign Relations,
January 2007.
[xxxiii] Internal Displacement Monitoring Centre, Internal
Displacement: Global Overview of Trends and Developments
in 2006, Norwegian Refugee Council/IDMC, April
2007, pp. 13-20. .
[xxxiv] See UNHCR, “Internally displaced persons,” The
State of the World’s Refugees, Oxford University Press,
2006. pp. 160-1.
[xxxv] See Walter Kalin, Report of the Representative of
the Secretary-General on the human rights of internally
displaced persons, UN Doc. E/CN.4/2006/71, 12 January
2006, pp. 7-9; “UN Expert on the Human Rights of Internally
Displaced Persons Concludes Visit to Azerbaijan,” UN
Press Release, 6 April 2007; “UN Expert Calls for Adoption
and Implementation of Georgian National Strategy
for IDPs,” UN Press Release, 18 December 2006; Working
Visit by the Representative of the Secretary-General
on the Human Rights of Internally Displaced Persons to
Turkey, 28 September –2 October 2006, Conclusions and
Recommendations, www.brookings.edu/idp; “Special Efforts
Now Needed to Implement Uganda’s National Policy
for IDPs, UN Expert Says,” UN Press Release, July 2006;
“Cote d’Ivoire Facing Protection Crisis in Terms of Human
Rights of IDPs, Experts says,” UN Press Release, 25 April
2006.
[xxxvi] Dennis McNamara, “Humanitarian reform and new
institutional responses,” Forced Migration Review, special
issue, December 2006, pp. 10-11.
[xxxvii] Erika Feller, “UNHCR’s role in IDP protection: opportunities
and challenges,” Forced Migration Review, special
issue, December 2006, pp. 11-13.
[xxxviii] See William G. O’Neill, “A New Challenge for
Peacekeepers: The Internally Displaced,” The Brookings
Institution-John Hopkins SAIS Project on Internal Displacement,”
April 2004; and Security Council Resolution 1674,
May 2006 which recognizes the important role peacekeepers
can play in ensuring humanitarian access, protecting
IDPs in and around camps, and creating conditions for safe
and dignified returns.
This article will also be published in the Northwestern
Journal of International Affairs, Winter 2008 ed.
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23
ILSA Quarterly » volume 16 » issue 3 » February 2008

The Economic Rights of Iraq’s
Displaced Citizens under the
Iraq Constitution
by Haider Ala Hamoudi
24
The issue of the rights of refugees and the right of every Iraqi under Article 15 of the Constitution,
it is difficult to see precisely how a citizen’s
internally displaced is a much studied topic
among international law scholars. However,
the dimensions of this vitally important sub-
any legal process. It is hard to imagine anything
rights in this respect could be realized through
ject often extend beyond public international law more futile than an Iraqi judicial order to the government
to improve security in any particular area,
into domestic law as well, given that many governments
are obligated under their own domestic
legal systems to provide social and economic will not be entered except after a judicial warrant
for example. The Article 17 guarantee that homes
rights to their citizens. In the context of Iraq, this is issued in accordance with the law has more
aspect has been dramatically understudied.
In fact, though there
of refugees, but only the minority
promise to some limited number
Given the unstable conditions
has been little discussion about
who can somehow link the activity
prevailing in Iraq at the
this, the Iraqi government is obligated
to provide many protections
state or a militia connected to the
that forced them to leave with the
present time, it is not a
surprise that the question of
to its citizens of an economic and
state. Besides, displaced Iraqis are
how the substantial economic
social nature. As a result, while
less interested in judicial decrees
and social rights enshrined
international legal remedies may
concerning safety, and more interested
in securing some form of
in the Iraq Constitution
be a far more attractive option
can be made to benefit
for those Iraqis abroad who are
material support during their period
displaced persons is a
neither compelled nor interested
of hardship. In other words, it is social
and economic protections that
matter of uncertainty.
in returning, internally displaced
Iraqis and Iraqis who are refugees
displaced Iraqis wish to obtain. For
intending to return to Iraq (by necessity or otherwise)
can invoke domestic laws to alleviate the stitutional provisions that grant citizens social and
this, we must turn to the large number of con-
hardship they have suffered.
economic rights.
So what, precisely, are the rights of Iraqi refugees,
or displaced Iraqis generally, within the
Iraqi legal system? The first logical place to look
is the Iraqi Constitution, which contains a number
of promising provisions. Of course, there
are the usual guarantees of security and the
inviolability of the home, but these are of less
concern for purposes of this article for a number
of reasons while a fairly strong case can
be made that the Iraqi government has not
provided the security that is declared to be the
It is difficult to know precisely why the Iraqi Constitution,
even compared to most contemporary
constitutions which grant broad economic rights,
seems particularly generous in this regard, especially
given the support provided by the United
States in its drafting, and the traditional hostility
of the United States to the very notion of an
economic right. Part of the explanation, at least
from what I have gleaned from my own conversations
with Iraqi officials, is that the granting of
rights was where all parties, otherwise deeply
ILSA Quarterly » volume 16 » issue 3 » February 2008

The Economic Rights of Iraq’s Displaced
divided over questions of secularism, federalism
and countless other matters, could find common
ground. While Kurds and Arabs may disagree bitterly
over the fate of Kirkuk, and Sunnis and Shi’a
may be divided over the creation of a Shi’a federal
region, everybody favors universal health care. No
doubt Iraq’s largely socialist history, where the
government was expected to provide basic services,
also played a significant role. Nevertheless,
whatever the reasons, the economic and social
rights given to Iraqis under the Constitution are
substantial and promising to refugees.
There are thirteen articles that deal specifically
with economic rights in the Constitution (Articles
22-34). Article 30 is of particular note. That Article
indicates that the state “guarantees (takfulu) to
the individual and the family, and especially the
woman and the child, social security and health
security, and the basic undertakings necessary
to live in freedom and dignity, and safeguards
(tu’amminu) for them appropriate income and
housing” (translation and emphasis added). The
verbs used are unquestionably strong ones, compulsory
in their nature rather than aspirational, and
seem to leave little ground for ambiguity respecting
the nature of the government guarantees.
Other economic rights relevant to the displaced
seem equally strong. Article 22 guarantees a right
to work. Article 29 insures that the state will “care
for (tar’aa) the youth and provide (tawaffara) them
appropriate conditions for the development of
their faculties and abilities.” Article 31 guarantees
health care, Article 32 housing, and Article 34 education.
In none of these Articles is the language
anything but compulsory.
It seems reasonably clear that in the case of displaced
Iraqis, these rights, guaranteed to them under
the Constitution, have been violated in rather
severe ways. A reasonable prima facie case might
be made, therefore, that displaced Iraqis are entitled
to support from their own government under
these provisions. This is not nearly as easy as it
sounds, however, for two reasons.
The most obvious obstacle to relief under such
a constitutional theory is that these provisions
were not written solely with displaced persons in
mind and should be available to all citizens of Iraq.
Perhaps the right to housing as per Article 30 is
applicable primarily to the internally displaced, but
other articles are considerably more general. This
creates a significant problem, in that the Iraqi government
is simply not capable of ensuring that all
of its citizens have work as per Article 22 when half
of the nation by some estimates is unemployed.
Health care by nearly all accounts is in disastrously
poor shape, and again the government is
simply not in a position to fulfill its obligations under
Article 31. The education sector, an area in which I
have worked extensively in Iraq, is in slightly better
condition, but the notion that the government
could fulfill the Article 34 guarantee of free education
“at all levels” and the elimination of illiteracy
is entirely absurd. Thus, if the state cannot fulfill
any of these guarantees—housing, employment,
income, health, social security—with respect to
the entirety of its citizens, why should it place its
first priority on the internally displaced?
This has been the primary criticism
leveled against constitutions with extensive
social and economic guarantees: that they
severely limit the ability of the legislative and executive
authorities to formulate policy, and at the
same time, when they cannot be fulfilled, they
make it easier for the government to disregard
other, fundamental constitutional rights of a civic
and political nature. As the theory runs, once
the government may safely disregard, or treat as
aspirational and largely non-binding, the work
guarantee of Article 22, then perhaps the government
may find it easier to treat the right to trial or
the presumption of innocence under Article 19 in
the same manner.
This danger has not been lost on other countries
with similar provisions, South Africa being
the most commonly discussed, and therefore a
comparison to South Africa is to some degree
25
ILSA Quarterly » volume 16 » issue 3 » February 2008

The Economic Rights of Iraq’s Displaced
26
apt. The relevant provisions in the South African
Constitution are different, in that the economic
rights it promises are qualified with an indication
that the legislature is responsible for implementing
a program for their progressive realization.
Conversely, Iraq’s constitutional rights are written
as if immediately available and enforceable. Yet
this difference hardly seems significant given the
absolute impossibility of immediate realization of
these rights under current conditions in Iraq.
There are thirteen articles in the Iraqi
Constitution that deal specifically with economic
rights (Articles 22-34). In none of these articles is
the language anything but compulsory.
South Africa’s Constitutional Court has sought to
recognize the economic rights contained in its
Constitution while not interfering with the policymaking
branches of government through deference
to the legislature, so long as a reasonable
program is implemented to secure the rights in
question and special and specific care is given
to those in dire need. For example, in the case
of Republic of South Africa v. Grootboom, which
involved the constitutional right to housing, the
plaintiffs were living on a sports field in largely
unprotected shelters, and requests for housing
to the government had gone unheeded. When
the matter reached the Constitutional Court, the
Court indicated that while the government did
seem to have a program in place to increase levels
of housing, it was paying insufficient attention
to those who were most in need. The Court did
not, it should be emphasized, insist that some
core level of housing needed to be provided to
each citizen, as such a demand would limit the
government’s flexibility. However the Court did indicate
that the government needed to have a reasonable
plan to provide housing to all citizens, and
that it needed to pay special attention to those
living in particularly poor conditions. A similar
result was reached in the case of Minister of
Health v. Treatment Action Campaign, where the
Court ordered the government to provide free of
charge an anti-viral AIDS drug, consistent with its
obligation to provide health care. Again, the urgency
of the need was a significant factor in the
Court’s decision. By contrast, in Soobramoney v.
Minister of Health, the Court denied a non-terminal
patient the routine use of a dialysis machine
where a hospital had shown that it was trying to
prioritize the use of its machines to favor those
whose conditions were fatal without dialysis
treatment.
Cases such as these would seem to hold much
promise for refugees. While clearly Iraq cannot
make good on all of its constitutional obligations,
one could imagine its Supreme Federal Court insisting
that a reasonable program be put in place,
and that special attention be paid to those with
the most pressing needs. This would, evidently,
include most of the internally displaced and those
returning from abroad who may have no homes,
and whose access to health care, work and education
is probably much more limited than for
most of Iraq’s citizens. Perhaps then the South
African model might prove useful to Iraq, and to
its displaced citizens seeking relief.
This brings us to the second major obstacle preventing
the realization of constitutionally mandated
economic rights, namely that the judiciary in
Iraq is not well equipped to deal with questions
of this sort. To say the least, Iraq’s courts are not
in the same position as South Africa’s. Iraq’s judiciary
has been through a great deal in the past
three decades. In some ways, it emerged from
the days of totalitarian Ba’ath rule in reasonably
respectable condition, relative to, for example,
the multiparty political system that existed before
the Ba’ath that was entirely decimated during
Saddam Hussein’s rule. The reason for this is that
the regime often staged “show trials” to convict
its (real or perceived) political opponents. These
trials were handled by “revolutionary courts,”
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The Economic Rights of Iraq’s Displaced
which operated separate from the rest of the judicial
system. These courts disappeared with the
fall of the regime. Indeed, a former chief judge
of the court, Awad Al-Bandar, was executed with
Saddam for approving death sentences for 148
Shi’a men and boys from the town of Dujail, some
as young as 13, ostensibly for an attempted assassination
of Saddam, in precisely such a show
trial. By contrast, judges outside of the revolutionary
court system were not nearly as corrupt because
of this bifurcation of duties and thus were
more able to handle trials of various sorts after the
fall of the regime.
While clearly Iraq cannot make good on all of its
constitutional obligations, one could imagine its
Supreme Federal Court insisting that a reasonable
program be put in place, and that special attention
be paid to those with the most pressing needs.
That said, while judges in Iraq can deal with the
ordinary types of cases that might arise, they are
not at all familiar with cases that might be brought
against the government, and there is no indication
that they would necessarily look favorably upon
such cases, or that the new government would
look favorably upon any judicial ruling against it.
This is true despite constitutional provisions to the
contrary. Article 19 clearly declares the judiciary
independent, and Articles 87 and 88 repeat this.
Article 93 clearly gives the Supreme Federal Court
the power to declare legislation unconstitutional,
and to interpret the provisions of the Constitution.
That there is a judicially ordered remedy, therefore,
for any right in the Iraq constitution is hardly
to be doubted.
Nevertheless, obtaining any such ruling requires
overcoming a legal and judicial culture that for
decades has been forced into remarkable passivity
and is entirely unfamiliar with the notion of a
government restrained by law. I spent nearly two
years in Iraq working in the area of legal education,
and it was abundantly clear that graduates
of Iraq’s law schools are not trained to become
lawyers who think independently or creatively
to find legal solutions for their clients; lawyers in
Iraq are expected to be mere scriveners, dutifully
handling necessary paperwork and not advancing
any argument that has not been made many
times before. Judges, subjected to the same
totalitarian pressures, behave in a largely similar
fashion. Changing such a legal culture, and breeding
within it a new form of zealous advocacy for
the client and a corresponding judicial independence,
even against the government, is by no
means an easy task.
Early decisions are generally not encouraging.
The one case that seems to discuss the economic
rights contained in the Constitution is unhelpful.
In it, the petitioner sought both to receive a pension
and to work in a different government office,
thereby receiving two salaries from the Iraqi government.
The petitioner claimed that Article 11 of
the Pensions Law, which prevented his doing this,
violated Articles 22 and 23 of the Constitution
guaranteeing work and private property, respectively.
The Court was generally unsympathetic,
holding that the deprivation of the pension does
not deny the petitioner the right to own private
property or the right to work; it merely forces him
to choose between two forms of income, the
pension or the government salary. The reasoning,
while at least plausible on its face, tends to suggest
that the Court will not be particularly receptive
to economic rights claims made by litigants.
More broadly, I have spent a fair amount of time
reviewing the decisions of the Supreme Federal
Court, and find extreme reluctance on the part
of that Court to grant relief to a private individual
against the government. In fact, government actions
have only been declared unconstitutional
twice, as further described below. In siding with
the government, the Court’s reasoning is at times
appealing, but it is also fair to say that at times it is
shoddy and deeply flawed. For example, Decision
27
ILSA Quarterly » volume 16 » issue 3 » February 2008

The Economic Rights of Iraq’s Displaced
28
13 of 2006 involved an individual who claimed
that his agricultural land had been taken from him
without compensation by the Agrarian Reform
Act of 1970. The petitioner challenged on constitutional
grounds the fact that the Property Claims
Commission, formed in 2005 to compensate
property owners for Ba’ath era government takings,
had exempted agricultural lands from its purview,
thereby effectively denying the petitioner an
opportunity to seek recovery of land taken from
him. The Court denied the petition on the grounds
that the Agrarian Reform Act of 1970 was enacted
and implemented at a time when it was constitutional
according to the Ba’ath interim constitution
of the time, and only official agencies could seek
to overturn government decrees carried out under
laws that were valid at the time.
It would be a mistake for international and
domestic organizations to avoid testing these
positions in the courts and even more robustly in
the political arena, not only for the benefit of
refugees, but indeed for the sake of the legal
system as a whole.
There is some sense to the Court’s reluctance to
apply the Constitution retroactively. The application
in this case, however, is baffling. The Agrarian
Reform Act is not itself being challenged; rather, it
is the Statute of the Property Claims Commission,
which grants relief for earlier government takings
but excludes agricultural properties. The latter
statute was enacted in March of 2006, after the
Constitution had been ratified. There might very
well be a good reason to exempt agricultural land
from its jurisdiction, but whatever that reason is, it
has nothing to do with the constitutionality of the
1970 Agrarian Reform Act when enacted.
More troubling, the Court’s reasoning seems to
grant legitimacy to a Ba’ath era interim constitution
that had a number of objectionable provisions
in it, including a grant of absolute and unqualified
immunity to Saddam Hussein for anything he did.
Indeed, under the Court’s reasoning, the petitioner
was free to challenge the constitutionality of
the Agrarian Reform Act—but only on the grounds
that it violated the Ba’ath interim constitution.
Claims of incompatibility with the new Constitution
are excluded. This is confirmed in Decision 12
of the same year, where the Court ruled in favor of
the government by overturning a Ba’ath era Revolutionary
Command Council Decree that granted
government land to an individual. This was done
on the grounds that the grant violated the constitution
in effect at the time. Refusing to extend the
current constitution retroactively may be logical,
but evaluating Ba’ath era rules under the Ba’ath
era constitution is as perverse a result as could
be imagined.
Yet recently the Court has shown more willingness
than this to challenge the other branches of
government. For example, in Decision 4 of 2007,
the Court did grant relief to a demoted government
employee, and in the process declared unconstitutional
a 1991 law indicating that administrative
decisions of this sort were not subject to
judicial review. One possible optimistic explanation
for this decision is that we are witnessing a
maturing of the Court. A more pessimistic interpretation
is that the Court is hopelessly caught in
a socialist net, wherein it seeks not to question
government decisions other than those involving
the hiring, firing, pay, and status of its own employees.
The fact that the Court has also recently
found the courage to declare unconstitutional the
Elections Law, and to order the National Assembly
to issue a new one, is certainly a positive development
that would seem to support the more optimistic
view that the Court is assuming its proper
role within the new government structure.
One can only hope that as time goes on, the judiciary
will mature into a more confident and prominent
institution that uses honed legal reasoning
to reach its conclusions, and that this will enable
Iraq’s citizens to seek meaningful redress for
ILSA Quarterly » volume 16 » issue 3 » February 2008

The Economic Rights of Iraq’s Displaced
government violations in its courts. No doubt this
process would be greatly accelerated if security
was to improve, and the Iraqi judiciary was given
broader access to the type of extra-national
resources and knowledge that would only be
available under such improved conditions. But to
expect much in the short term, particularly concerning
judicial interventions in the area of economic
and social rights, where governments are
traditionally most sensitive, seems somewhat
fanciful.
However, even if judicial redress might be delayed,
it does seem that the Constitution’s unqualified
legal protections provide a very useful basis
from which political assistance may be sought.
That is, the government can be made aware of
its obligations, and it can be shown that of all of
Iraq’s citizens, it is the displaced and the returning
who are the most deprived among them, for the
reasons discussed above.
Indeed, state practice does seem to bear out the
notion that the constitutional dictates are supported
by significant levels of political will. For
example, Iraq’s internally displaced are entitled to
a monthly stipend of 150,000 Iraqi dinars, roughly
$125. Iraqis returning from Syria were offered
free bus rides (later cancelled) and $800 each, a
considerable sum in Iraq. Iraq’s Displacement and
Migration Minister, Abdul Samad Sultan, can be
heard often on Arabic language media outlets discussing
various services offered to the displaced
and the returning.
This is hardly a surprise. While it is true that generally
it is the judiciary and not the executive or legislative
branches that are commonly understood to
have the final say in what a nation’s Constitution
means, it would be unduly cynical to suppose that
government officials in the executive and legislative
branches, whether in Iraq, the United States
or anywhere else, do not seek to act in accordance
with the Constitution as they understand
it. Judicial vindication may be a common means
of securing adherence to constitutional principles,
but it is by no means the only one. Certainly an
argument that a proposed law or executive order
is in violation of constitutional norms is a matter
that most government officials take rather seriously.
This is particularly the case in a young constitutional
republic such as Iraq, where the very
same individuals and parties that played key roles
in drafting the Constitution currently dominate
its National Assembly and serve as government
ministers. This political attention being paid to the
plight of the refugees, combined with the terms
of the attendant Constitutional provisions, offers
an avenue of sorts for NGO’s and other organizations
within Iraq to seek further assistance for
displaced and returning Iraqis, which can supplement
rather than supplant vitally necessary international
support.
Finally, I should note that given the fluidity in Iraq’s
current legal system and the unstable conditions
prevailing in Iraq at the present time, it is not a
surprise that the question of how the substantial
economic and social rights enshrined in the
Iraq Constitution can be made to benefit Iraqis
is a matter of some uncertainty. Nevertheless, it
would be a mistake, I am convinced, for international
and domestic organizations to avoid testing
these positions in the courts and even more
robustly in the political arena, not only for the
benefit of refugees, but indeed for the sake of
the legal system as a whole. So long as potential
domestic remedies in Iraq are ignored or disregarded,
Iraq’s own nascent institutions will not
have the opportunity to develop the experience
and grounding necessary to come to terms with
their Constitution, and hone techniques to interpret
and apply it in a manner that will both be
faithful to the ideals of Iraq’s citizens, and at the
same time logistically workable. I can only hope
that this question of the economic and social
rights of Iraq’s displaced population will provide
these legal and political institutions
.
with an early
opportunity to begin this process in earnest, even
as it provides much needed material support to
these vulnerable citizens.
29
ILSA Quarterly » volume 16 » issue 3 » February 2008

Sudanese Refugees: A Continued Search for Safety
by Jennifer Stringfellow and Melina Neely
30
While under international law a state
may not forcibly return a refugee
to a situation which would threaten
his life or freedom, a state has no legal obligation
to grant a refugee permanent asylum. Thus,
refugees displaced by armed conflict, catastrophe,
or persecution often enter other countries
without any guarantee of lasting legal or physical
security. Such is the case for refugees from Sudan.
Due to a recent increase in violence within
the country, many Sudanese nationals have fled
to neighboring countries and some even further
abroad; but upon entering other countries, they
have largely been denied legal recognition as
refugees.
Sudan’s Violent History
Sudan does not have a peaceful history; it has
been affected by civil war and ethnic conflict intermittently
for over fifty years. The latest reprisal
of violence began in 1983, when African separatists
from southern Sudan, mostly Christians,
began fighting the Arab government in the north.
Despite a binding peace agreement signed by
the warring factions in 2005, this civil war continues
today. As a result, in a country of thirty-two
million people, four million people have been displaced—and
millions more have lost their lives.
Southern Sudan is not the only area plagued by
violence. There exists separate tribal conflicts
which rage in the Darfur region of western Sudan.
Following frequent clashes between the
agricultural and pastoral tribes living in Darfur,
the Sudanese government in Khartoum armed
and instructed its militia wing, the Janjaweed, to
control these disputes. In 2003, the government
increased its material support for the Janjaweed.
The Janjaweed have since run rampant across
Darfur, raiding and burning villages, murdering
and raping civilians, and carrying out a government-funded
genocidal campaign. Despite the
bleak situation, world governments have been
slow to act. Only last year did countries agree to
send peacekeeping forces into Darfur.
To escape the violence permeating daily life in
Sudan, many Darfuri refugees have fled to other
countries, including neighboring Chad and Egypt,
Israel, and the United Kingdom. These countries
are all signatories to the 1951 United Nations
Convention relating to the Status of Refugees
(“Convention”) and its 1967 Protocol. The Convention
defines a refugee as a person who has
a well-founded fear of persecution in his country
of origin for reasons of race, religion, nationality,
membership of a particular social group or political
opinion. The Convention does not address
whether people fleeing conflict are also refugees,
unless these people are part of a group that is being
persecuted within the context of the conflict.
However, other legal mechanisms, such as the
1969 Organization of African Unity Convention,
expanded the definition of “refugee” to include
persons who, because of generalized violence
and war, are forced to flee to another country.
In this way, current refugee law formalizes the
protections provided by international humanitarian
law to civilians in time of war.
To receive the international protections promised
by the UN and OAU Conventions, however,
a person must officially apply for asylum, and
the assignment of refugees status is left to the
individual states. States, through their domestic
asylum systems, determine whether a person is
a “refugee” within the legal meaning of the term,
and should a state find that a person does not fall
under this legal definition, he may rightfully be
denied asylum and deported. Many times, Sudanese
nationals are not considered refugees
by receiving countries, and it is not uncommon
that they are sent back to Sudan. A look at the
ILSA Quarterly » volume 16 » issue 3 » February 2008

Sudanese Refugees
asylum policies of Chad, Egypt, Israel and the
United Kingdom will demonstrate the near futility
of the Sudanese struggle to obtain the safety
of asylum outside Sudan.
Asylum in Chad
Chad, the country most affected by Darfur’s refugee
crisis, signed the 1951 UN Refugee Convention
and 1967 Protocol without reservations, as
well as the OAU Convention on refugees. However,
no domestic laws executing its treaty obligations
exist. There is a provision in the Chadian
Constitution guaranteeing asylum for all “political
refugees,” and in fact Chad has significantly
31
ILSA Quarterly » volume 16 » issue 3 » February 2008

Sudanese Refugees
32
helped Sudanese refugees by providing access
to humanitarian aid and refugee identification,
and by allowing refugees to work in Chadian
communities.
However, the Chadian government has been
unable to stop the violence at the Chad-Sudan
border. The Janjaweed have entered Chad and
terrorized villages and refugee camps by murdering
and raping inhabitants. The Janjaweed
also lent significant support to a grassroots insurgency
in Chad, further undermining stability
in the region.
In 2007, the United Nations Security Council adopted
Resolution 1778; a new Mission would be
formed to send troops to aid Chad in securing
the border and protecting the local and refugee
populations there. The troops would also help
monitor the human rights situation in Eastern
Chad. Since implementation of Resolution 1778,
the security situation on the eastern border of
Chad has remained perilous. Border security
is nonexistent, with bandits and rebels moving
easily between Chad and Sudan to terrorize residents.
Under Resolution 1778, Chad and Sudan
entered into a cease-fire agreement on May 3,
2007. However, the government of Chad has accused
the Sudanese government of “supporting
Chadian rebel groups operating in the eastern
part of the country.” Thus, despite Resolution
1778’s attempts to ameliorate border problems
and aid the refugees, hostilities between Chad
and Sudan are hampering efforts to secure the
area and safety of refugee populations.
Asylum in Egypt
Many Sudanese have also sought refuge in
Egypt, which borders Sudan to the north. Egypt
ratified the 1951 UN Refugee Convention, but it
entered a list of reservations when it did. As a
result, refugees in Egypt are not entitled to work
and do not have access to public services such
as health care, schools or government housing.
In addition, Egypt has yet to implement specific
legislation establishing the rights of refugees
and the conditions of asylum, preferring instead
to allow the UNHCR to make determinations of
refugee status. Since the UNHCR process is
lengthy, few Sudanese are legally considered
refugees in Egypt.
To further complicate matters, Sudan and Egypt
entered into a bilateral agreement in the 1970’s
which allows Sudanese nationals to enter Egypt
without visas in order to work. While this agreement
does not address the treatment of refugees,
it has had a great impact on Sudanese
asylum-seekers in Egypt. As a result of the
agreement, the Egyptian government considers
most Sudanese nationals that enter the country
to be economic migrants, not refugees. By this
characterization, Sudanese nationals are not entitled
to the legal rights owed to refugees under
the UN Refugee Convention, receive no protection
from the Egyptian government, and may be
deported.
In December 2005, Sudanese refugees in Egypt
protested this situation, orchestrating a sit-in
protest to show their displeasure at not being
economically equal with their Egyptian counterparts.The
protest turned deadly when Egyptian
riot police “wielding truncheons, sticks, and
water cannons waded into a crowd of 3,000 unarmed
people” to disburse protesters. Twentyfive
Sudanese asylum-seekers were killed, and
thousands of Sudanese were detained by Egyptian
police.
Asylum in Israel
In the wake of the 2005 incident, many Sudanese
refugees fled from Egypt into Israel. But
Israel regarded the Sudanese refugees — who
entered Israel illegally — as enemy nationals. Israel
does not have diplomatic ties with Khartoum
and considers Sudan an enemy state. Therefore,
from 2005 to the present, many refugees from
Sudan have been jailed upon entry or forced to
return to Egypt.
ILSA Quarterly » volume 16 » issue 3 » February 2008

Sudanese Refugees
Despite this policy, Sudanese refugees continued
to flow into Israel. The UNHCR worked to
review claims of refugee status made by imprisoned
Sudanese nationals, but few asylum applications
were sent from Israeli workers at the
UNHCR office to the government for approval.
Most refugees remained in prison.
Several human rights groups, including the UN-
HCR in Geneva, appealed to the Israeli government
to change its policies. In October 2007,
Israeli Prime Minister Ehud Olmert said that the
government would allow approximately five hundred
refugees from Darfur to remain in Israel.
Keeping this promise, on January 14, 2008, the
Israeli Ministry of the Interior began to distribute
identification cards to refugees from Darfur. The
ID cards are a grant of transient residency, and
allow refugees to receive social benefits such
as state-funded health care. However, no more
Sudanese refugees will be granted these benefits;
the government has said that they will be
returned to Egypt.
Asylum in the United Kingdom
Very few Sudanese refugees have sought asylum
in Western Europe, as travel is costly and
the right to resettle not guaranteed. In the United
Kingdom (UK), Sudanese refugees have been
consistently denied the legal status of “refugee.”
Following UK precedent, a court determining
refugee status asks “whether it is reasonable
to expect the claimant to relocate or whether
it would be unduly harsh to expect him to do
so.” To make this determination, six factors are
considered: (1) safety; (2) current risk of persecution;
(3) state involvement in the persecution;
(4) harsh conditions that exist in the country of
origin; (5) other relevant circumstances; and (6)
how the country of origin compares with the
place the refugee would seek temporary residence.
Until recently, persons fleeing Sudan were consistently
denied refugee status under this test.
The UK Asylum and Immigration Tribunal in June
2006 found that “a person will not be at real risk
on return to Khartoum solely because he or she
is of Darfuri origin or non-Arab Darfuri origin…a
person of Darfuri origin or non-Arab Darfuri origin
can in general be reasonably expected to relocate
to Khartoum.” The Tribunal also considered
conditions in camps and squatter areas in Darfur
and found them to be no harsher than conditions
elsewhere in Sudan. Thus, possible future residence
in a camp or squatter area was no reason
to be granted asylum. The Tribunal admitted that
certain classes of Darfuri refugees may be at
real risk, including villagers from “rebel strongholds,”
anti-government activists, tribal leaders,
and certain females. Yet persons in these classes
were not refugees per se; membership in one of
these groups would merely be one factor in the
court’s decision.
In April 2007, the UK Court of Appeals reversed
the Tribunal. It found that “the oppressive conditions
in the camps near Sudan’s capital, Khartoum,
plus the lack of resources for economic
survival and the total alteration in a refugee’s
life,” were powerful factors that militated towards
a finding of refugee status for Sudanese
nationals in Britain. The decision will positively
affect over 1,000 Sudanese refugees in the UK,
although some think that after years of denying
asylum, this move may be too little, too late.
Conclusion
Nearly five years after the genocide in Darfur
began and twenty-four years after the Sudanese
civil war started, the situation in Sudan remains
bleak. Members of the international community
need to work together to bring a decisive end
to the conflicts, thus allowing Sudanese refugees
to return home in peace. Until that occurs,
countries
.
must continue to honor their international
obligation to guarantee basic rights—
including food, shelter, and labor—to Sudanese
refugees.
33
ILSA Quarterly » volume 16 » issue 3 » February 2008

Understanding LL.M. Programs
and Why You May Need an Advanced Degree
by Jessica Carvalho Morris
34
In today’s globalized job market, many lawyers
are looking for ways to distinguish themselves
from the competition. Law graduates from
around the world are turning to the Master of Law
degree as a means of achieving that goal.
The Master of Law or LL.M. degree is an advanced
degree in law which allows attorneys to specialize
in a particular field. According to the American Bar
Association (ABA), one hundred and twenty-three
U.S. law schools offer LL.M. degrees. There are
two main categories of LL.M. programs in the
United States: (1) those offered specifically for
foreign-trained lawyers; and (2) those that are related
to advanced study of specific subjects and
are usually attended by U.S. trained lawyers who
wish to develop or enhance an expertise in a particular
area of law.
International Attorneys
According to the ABA, the number of foreign lawyers
enrolled in advanced degree programs in the
United States has increased in recent years. Today,
approximately half of all the students enrolled
in LL.M. programs are graduates from foreign
schools. This increase is due to several factors.
First, an LL.M. program provides an understanding
of U.S. law that it is invaluable to these attorneys,
whether they plan to go back to their home
country or stay in the United States. The American
legal model has influenced the development
and practice of law around the world, and many
students find a U.S. legal education beneficial.
Second, an LL.M. degree increases a lawyer’s opportunities
for career advancement. For instance,
in many law firms outside the United States, associates
are required to have an LL.M. degree from
a U.S. institute to be considered for advancement.
Last, an LL.M. degree gives foreign students the
opportunity to meet attorneys and law students
from all over the globe and to develop an international
network that otherwise they would not
be able to obtain. Foreign students attending an
LL.M. program in the U.S. are generally placed
in classes with students pursuing a juris doctor
degree. This is a great opportunity for both J.D.
students and foreign attorneys to exchange interesting
ideas and make professional connections.
Foreign attorneys that pursue an LL.M. degree are
usually required to take a course designed to teach
them the foundations of the U.S. legal system. In
my Introduction to U.S. Law course at the University
of Miami School of Law, we discuss some of
the controversial U.S. Supreme Court cases that
shaped the American legal landscape. Students
are for the first time introduced to the classic Socratic
method of teaching where the student is
required to read the materials prior to class and to
participate in class discussion. Students are also
exposed to the case method, which for international
attorneys is a different approach to thinking
about the law. In contrast to the civil law approach
that deducts the rules from statutes and codes,
the common law approach is much more inductive
and reaches the rule from particular facts in
a case. The course is supplemented with videos,
newspaper articles, and outside the classroom
discussions which provide for an overall enriching
experience. Many other law schools offer similar
introductory courses.
In addition to the introduction to the U.S. law
course, some schools also require LL.M. students
to take a practice skills course to introduce students
to the basic foundations of legal reasoning
and writing. This course is often designed to teach
ILSA Quarterly » volume 16 » issue 3 » February 2008

Understanding LL.M. Programs
legal English to non-native English speakers, as
well as to impart the foundations of legal research
and writing. Many times, the class will focus on
litigation skills, legal drafting, and negotiation. This
course is an asset for all students, whether the
student decides to stay and practice in the U.S. or
to return to his country of origin.
Upon graduation, many foreign attorneys do return
to their home country. However, an increasing
number remain in the U.S. to practice law. If you
decide to stay in the U.S., you should know that
obtaining an LL.M. degree does not automatically
qualify you to seek admission to a state bar, a necessary
requirement to practice law in the United
States. Some states allow foreign lawyers to sit
for the bar upon completion of an LL.M. program,
while others require the person to also have a J.D.
degree. I highly recommend that you contact the
bar admission authorities in the state where you
would like to practice for more information.
U.S.-Trained Attorneys
Many U.S.-trained attorneys pursue an LL.M.
degree to specialize in a particular area of law. A
rapidly-growing area of specialization is international
law. An LL.M. degree in international law
gives lawyers interested in working with international
organizations an advantage over lawyers
without an advanced degree, since some organizations
prefer to hire someone with this specialization.
For those seeking to work at international
law firms or global corporations, an LL.M. degree
in international law might also prove necessary.
Some lawyers may not have been exposed to certain
international law concepts as students, and if
they wish to be competitive in the job market, an
LL.M. degree is a sensible option.
THE GEORGE WASHINGTON UNIVERSITY
LAW SCHOOL
Master of Laws
(LLM) in
Washington, D.C.
• Intellectual Property Law
• International & Comparative Law
• Environmental Law
• International Environmental Law
• Litigation and Dispute Resolution
• Government Procurement Law
• Government Procurement and
Environmental Law
• General LL.M.
Internationally renowned faculty and
extensive curriculum—more than 240
elective courses offered each year.
LL.M. programs rank among the top
in the U.S. each year.
Non-U.S. law school LL.M. candidates
take virtually the same academic
program as U.S. counterparts and
receive the same degree.
More Information
Graduate Programs Office
The George Washington University Law School
2000 H Street, NW
Washington, DC 20052
202.994.7242
igpo@law.gwu.edu
www.law.gwu.edu
35
Some schools offer LL.M. degrees in international
law without a particular specialization while others
offer programs with a focus area such as human
rights law, environmental law, maritime law, or
business transactions. So, if you are one of those
attorneys who would like to work at the Law of
G11845
www.law.gwu.edu
THE GEORGE WASHINGTON UNIVERSITY IS AN EQUAL OPPORTUNITY/
AFFIRMATIVE ACTION INSTITUTION CERTIFIED TO OPERATE IN VA BY SCHEV.
ILSA Quarterly » volume 16 » issue 3 » February 2008

Understanding LL.M. Programs
36
the Sea Tribunal, an LL.M. degree in Ocean and
Coastal Law might be right for you.
In addition to focus areas, some programs give
students the opportunity to specialize in the law of
a particular region of the world, such as an LL.M.
degree in Inter-American Law or European Law.
These LL.M programs expose lawyers to basic
aspects of the law and legal culture in that geographic
region so as to better equip them to serve
clients from that region. Foreign language classes
or law classes taught in a foreign language may
also be offered. For example, here at the University
of Miami School of Law, students wishing to
develop an understanding of legal Spanish can
take law courses in Spanish to reach that objective.
Is an LL.M. Degree Right for You?
Even though an LL.M. degree presents many advantages,
it is not for everyone. An LL.M. program
is for those attorneys who have an interest in a
particular area of law and did not have the opportunity
to develop that interest during law school; it
is not an easy alternative just because you cannot
find a job. The programs are expensive and require
a lot of dedication. Some law schools offer parttime
courses to allow students to work while taking
classes, but most require a full-time commitment.
So unless you are determined to commit
the time and money required to earn an advanced
degree, an LL.M. program is not a good option
for you.
What School is Right for You?
LL.M. programs in the United States are not approved
by the ABA or any other accrediting body.
The curriculum and admissions requirements
are set by the law school, resulting in variations
in course offerings and admissions criteria from
school to school. Generally, schools require students
to complete between 20-24 credit hours
within one year to earn an LL.M. degree. Some
programs require students to complete a thesis,
while others require that students gain practical
training experience. Some schools have general
degree-seeking programs, and others offer degrees
in a particular area of law. For schools that
offer general degree programs, students can develop
a curriculum to fit their career goals and are
not required to specialize in a particular field of
law. Other schools offer programs in very specific
fields requiring students to enroll in core courses
and some electives in that particular area.
With so much variety in LL.M. program offerings,
a student seeking an advanced legal degree
should consider several factors. One obvious and
important factor is the school’s academic reputation.
However, many other factors directly impact
your educational experience. First, the school’s
strength in areas that interest you is important,
including the number of courses offered in that
field. Second, consider the size of the program.
In large programs you might not receive personalized
attention when choosing your courses or
when mapping your career path. Third, look at the
faculty’s relevant experience in the field. Faculty
train you to become a better professional and their
background will directly influence your educational
experience.
Personal considerations should also affect your
decision. You should consider the location of the
school and whether you would like to live in that
area for at least one year or would like to work
in that legal community post-graduation. Additionally,
you should consider what type of program
interests you, i.e. whether it is a general program
where you choose your courses or a defined program
with a focus area. Lastly, the cost of the program
and part-time availability are relevant considerations
when deciding where to study.
Ultimately, the decision whether to pursue an advanced
degree is a
.
personal one. I do hope that
the LL.M. Programs Listings in this issue, taken
with my advice, will help you decide on a program
that is right for you.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Guide

2008 LL.M. Program Listings
Australia
Master of Laws in International Law and
International Relations
Flinders University School of Law
Adelaide, Australia
Email: maxine.fourmy@flinders.edu.au
Website: www.flinders.edu.au/courses/postgrad/laws.htm
The Melbourne Law Masters
Email: law-masters@unimelb.edu.au
Website: www.masters.law.unimelb.edu
This intensive one-year program is open to non-law and law
graduates. It is intended to provide students with a deep
understanding of the legal rules operating within the broad
conception of international law, especially as it concerns
security, business, nation states, transnational threats and
human rights.
latest professional expertise with academic excellence. Each
year, over 120 subjects are offered in the program, providing
students with a broad range of legal expertise. The program
is taught by leading scholars, practitioners and industry
professionals, as well as renowned international visitors.
38
The Melbourne Law Masters program offers a diverse range
of general and specialized masters degrees, combining the
Masters of International Law
Sydney Law School
Sydney, Australia
Email: law.info@usyd.edu.au
Website: www.law.usyd.edu.au
Sydney Law School is an acknowledged leader in the field
of international law. The scholarship of the faculty extends
across the entire spectrum of international law. Candidates
can undertake units that have a comparative focus or those
that examine international rules that govern the globe as a
whole. It is a unique program in that it permits a variety of
specializations. Candidates can pursue such study through a
specialized degree or diploma or through LL.M.
With a prestigious faculty, the University of Vienna
offers a full-time LL.M., challenging students to deepen
their understanding of fundamental structures and specific
issues in international law. The program focuses on
current problems and new developments in inter -
national law, such as the interaction of governments and
other key players on the international level. It includes
courses on topics such as GATT/WTO Law, Terrorism and
International Law, Business and Human Rights, Investment
Arbitration and the Accountability of International
Organizations. The Vienna Law School (Juridicum) is ideally
located in one of the world’s most attractive cities hosting
international organizations (IAEA, OPEC, OSCE, UNCI-
TRAL, etc.), as well as offering a unique cultural heritage.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
Austria
LL.M. in International Legal Studies
University of Vienna
Vienna, Austria
Email: int-law@univie.ac.at
Website: www.univie.ac.at/international-legal-studies
LL.M. in European and International Business
University of Vienna
Vienna, Austria
Email: Siegfried.fina@univie.ac.at
Website: www.univie.ac.at/eu-int-businesslaw
The University of Vienna, ideally located in one of the
world’s most attractive capitals hosting international organizations
(IAEA, OPEC, OSCE, United Nations), now offers a
full-time LL.M. program including four modules with twelve
obligatory courses, ranging from Terrorism and the Use of
Force, Accountability of International Organizations, State
Immunity, Human Rights and Business to Investment Arbitration
and WTO Law.
This LL.M. program covers the most essential fields of European
and international business law from the perspective of
a business entity as an internationally operating actor in a
European and/ or international business environment. Dual
Degree option: LL.M./ MBA.
39
Germany
LL.M. in Intellectual Property Law
Max Planck Institute for Intellectual Property
Munich, Germany
Email: info@miplc.de
Website: www.miplc.de
LL.M. in European Law
Europa Institut of Saarland University
Saarbruecken, Germany
Email: llm@europainstitut.de
Website: http://europainstutut.de
Four partners from two continents - the Max Planck Institute
for Intellectual Property, Competition, and Tax Law, the University
of Augsburg, the Technische Universitat Munchen,
and The George Washington University Law School - offer a
unique english-language Intellectual Property LL.M. Program
that covers all aspects of European, American, and international
IP, media and competition law and features small
classes with a world-renouned faculty in Munich.
The program is designed as a specialized legal degree in the
field of European Law and International Economic Law. The
program concentrates on institutional and substantial aspects
of European Law, on Competition Law, Anti-Trust and
Tax Law as well as foreign and commercial policy. Special
study units are offered in the fields of European Media Law,
International Trade, European Protection of Human Rights
and European Management.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
Germany, cont.
LL.M. Intellectual Property Law
Institute for Intellectual Property, Competition, and
Media Law
Dresden, Germany
Email: ip_info@jura.tu-dresden.de
Website: www.llm-ip.de
This program offers a one year specialization in the field of
intellectual property law; one semester at one of our partner
universities in Krakow, Exeter, London, Prague, Seattle or
Strasbourg; one semester in Dresden, Germany; highly qualified
and experienced lecturers and tutors of international
standing; and the possibility to gain insight into the practical
work of IP specialists.
40
LL.M. in Finance
Institute for Law and Finance at Johann Wolfgang
Goethe University
Frankfurt, Germany
Email: LLM@ilf.uni-frankfurt.de
Website: www.ilf-frankfurt.de
The ILF offers a unique one-year post-graduate program
leading to an LL.M. in Finance awarded by Goethe University.
All courses are conducted in English. No more than
50 highly qualified graduates are admitted to the program
which is aimed at students with a prior degree in law or
business and who have an interest in combining theoretical
knowledge with practical training in law and international
finance. The program incorporates a two-month internship.
Earn an
Institute for Law and Finance
•
Johann Wolfgang Goethe-Universität Frankfurt
LL.M. Finance
inFrankfurt!
OUR INTERDISCIPLINARY CURRICULUM: you will study international
financial law from all aspects of current legal practice, with emphasis on the EU
and the US, along with parallel developments in international finance.
OUR INTERNATIONAL FACULTY: you will be taught in English by over
50 leading academic experts and experienced practitioners worldwide, coming
from international law firms, banks, auditing and consulting firms and
regulatory bodies, in particular, the European Central Bank.
For more information, visit our website:
Or contact:
www.ilf-frankfurt.de
Institute for Law and Finance, Johann Wolfgang Goethe-Universität
Ms. Regina Riotte
Senckenberganlage 31 • 60325 Frankfurt am Main
Phone: +49 (69) 798-28448 • Fax: +49 (69) 798-29018
E-Mail: LLM@ilf.uni-frankfurt.de
OPTIMAL TEACHER-STUDENT RATIO: no more that 50 highly qualified
graduates are admitted for study each year. Our international student body
comprises graduates from over 20 countries each year. Students are fully enrolled
members of Frankfurt University which confers the LL.M. Finance degree.
• Interdisciplinary program which combines legal and financial topics
• English-language instruction (German not required)
• Learn from experts in the international financial community
• Work placements in international law firms, banks, auditing and consulting firms
as well as regulatory bodies
• For law, business or economics graduates: combine theory and practice!
L AW AND FINANCE
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
Iceland
LL.M. Program in Natural Resource Law and
International Environmental Law
Faculty of Law, University of Iceland
Reykjavik, Iceland
Email: ally@hi.is or astaj@hi.is
Website: www.lagadeild.hi.is
The LL.M. program is a new specialized Master-Program in
law created for students from around the world who have
reached a relatively high standard in their basic legal education
(corresponding to a law degree after at least three years
of law studies) and want to focus on legal rules relating to
natural resources and issues of environment or resource
management in an international and European perspective.
The program is conducted exclusively in English.
Italy
41
LL.M. in International Organizations, International
Criminal Law and Crime Prevention
University of Turin
Turin, Italy
Email: llm@unicri.it
Website: www.unicri.it/llm
LL.M. in American Law and International Legal
Practice
Universita di Bologna, Loyola Law School Los Angeles
Bologna, Italy
The LL.M. program is jointly organized by the University
of Turin and the United Nations Interregional Crime and
Justice Research Institute. It offers a deeper understanding
of International Criminal Law and crime prevention, their
implementation and the activities of international organizations
and tribunals.
Students earn an American LL.M. while studying in Bologna,
Italy. They enrich their legal training through classes in
the international dimension of law. Open to American and
foreign law graduates, the mix allows for the exchange of
diverse legal perspectives.
Email: bolognallm@lls.edu
Website: www.lls.edu/bologna
LL.M. in Comparative, European and
International Law
European University Institute Florence
Florence, Italy
The LL.M. program in Comparative, European and International
Law at the European University Institute is a one-year
research program. It addresses candidates that aim at advancing
their legal knowledge and their analytical skills in a
stimulating international and interdisciplinary environment.
Email: applyres@eui.eu
Website: www.eui.it/LAW/ResearchTeaching/
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
Latvia
LL.M. Programs at Riga Graduate School
Riga Graduate School of Law
Riga, Latvia
Email: LLM@rgsl.edu.lv
Website: www.rgsl.edu.lv
The RGSL offers its Masters Programs to law students and
other qualified candidates from any part of the world. The
LL.M. in International and European Law program integrates
course tracks in Public International Law, International
Commercial Law, and European Union Law. The LL.M. in Law
and Finance program allows a student to specialize in Global
and Emerging Financial Markets or Financial Institutions. All
courses are taught in English.
Netherlands
42
LL.M. in International Tax Law
International Tax Center Leiden
Leiden, Netherlands
Email: assistantdirector@itc-leiden.nl
Website: www.itc-leiden.nl
The program has been designed to provide in-depth training
for lawyers with an economics background and economists
with a legal orientation, who are interest in expanding their
knowledge of the theory and practice of international tax
law, with emphasis on tax treaties, transfer pricing and EC
tax law issues.
LL.M. in International and European Law
Amsterdam University
Amsterdam, Netherlands
Email: m.y.a.zieck@uva.nl
Website: www.studeren.uva.nl/law-programmes
LL.M. in European Law
Radboud University Nijmegen
Nijmegen, Netherlands
Email: internationaloffice@jur.ru.nl
Website: www.ru.nl/law
The LL.M. programs are open to students with an LL.B.
degree; note students are required to have a basic understanding
of public international law and/or European law.
For non-EU/EEA students who have completed their LL.B.
with flying colors a limited number of Amsterdam Merit
Scholarships are available. For more information on the
LL.M. programs, the eligibility requirements, and procedure
regarding scholarships, please visit our website.
The scope of the program is to suit the needs of the student
wishing to acquire in-depth knowledge of European Community
Law. The program provides a sound academic basis for
students considering careers in international and European
legal practice. The Faculty of Law of Radboud University
Nijmegen has a long standing reputation of excellence as is
demonstrated by the national ratings list.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 Study Abroad Listings

2008 LL.M. Program Listings
New Zealand
Masters of Laws
University of Canterbury School of Law
Christchurch, New Zealand
Email: Julie.scott@canterbury.ac.nz
Website: www.laws.canterbury.ac.nz
The Master of Laws (LL.M.) is an internationally recognized
academic postgraduate qualification in law. The Faculty
works in a wide variety of research areas and offers
supervision in all of the core areas as well as other specialized
fields. Three Master of Laws programs are available:
-LL.M. by Thesis
-LL.M. by Research Papers and Dissertation
-LL.M. in International Law and Politics
Norway
44
LL.M. Programs at the University of Oslo
University of Oslo Faculty of Law
Oslo, Norway
Email: b.l.kraabol@jus.uio.no
Website: www.jus.uio.no/english
The study programs lead to a specialization within the
particular field of study, qualifying students for a broad field
of careers. Programs offered are: LL.M. in Maritime Law,
LL.M. in Public International Law, and LL.M. in Information
Communication Technology Law. The knowledge acquired
during the LL.M. programs will be useful for careers in
inter-governmental organizations, state administrations,
universities, companies and private law firms.
Spain
Executive LL.M. Program
Northwestern School of Law and IE Law School
Chicago, Illinois USA
Madrid, Spain
Email: camila.uribe@ie.edu
Website: www.executive-llm.ie/edu
Europe’s pioneer Executive LL.M. Program is designed for
working lawyers who want an LL.M. from Northwestern Law
plus a Business Certificate from IE, without taking a year
away from work. Taught in English, the program combines
intensive on-campus periods in Madrid and Chicago with
interactive on-line learning. Candidates must have at least
three years of professional experience.
ILSA Quarterly » volume 16 » issue 3 » February 2008

SOUTHWESTERNLAWSCHOOL
3050 Wilshire Boulevard Los Angeles, CA 90010-1106
A LANDMARK IN LEGAL EDUCATION
LL.M., Individualized Program
Southwestern offers a stimulating,
individualized LL.M. program that allows
students to work closely with faculty to
develop a course of study tailored to their
own interests from a comprehensive selection
of over 150 electives and core courses.
Now offering two outstanding Master of Laws programs in Los Angeles.
Full-time and Part-time options available.
LL.M. in Entertainment and Media Law
Southwestern established the first
LL.M. program in Entertainment
and Media Law in the country
featuring a broad range of over 40
entertainment, media, sports and
intellectual property law courses
taught by leading legal experts in
these areas.
For More Information...
LL.M. INDIVIDUALIZED PROGRAM:
LL.M. Program, Southwestern Law School,
3050 Wilshire Boulevard, Los Angeles, CA 90010-1106
Tel: 213.738.5707 Email: llmprogram@swlaw.edu
LL.M. ENTERTAINMENT & MEDIA LAW:
Ms. Tamara Moore, Biederman Institute, Southwestern Law School,
3050 Wilshire Boulevard, Los Angeles, CA 90010-1106
Tel: 213.738.6602 Email: llmadmissions@swlaw.edu
Program brochures and applications for admission are available for download: www.swlaw.edu/academics/llm
Southwestern is fully approved by the American Bar Association and is a member of the Association of American Law Schools.

2008 LL.M. Program Listings
Spain, cont.
LL.M. in International Legal Practice
IE Law School
Madrid, Spain
Email: camila.uribe@ie.edu
Website: www.ie.edu/milp
The Masters of Laws (LL.M.) in International Legal Practice
is a full-time program which runs for ten months. All
classes are held in Madrid, Spain. The program focuses
on legal practice for a business client in an international
environment. Two language tracks are offered - English and
Bilingual.
46
Training Lawyers
for the Global Economy
The John Marshall Law School in Chicago offers a 24-credit
Master of Laws (LLM) Program in International Business and Trade Law
More than 40 course offerings
Experienced faculty of U.S. and
European practitioners
Flexible scheduling
Interactive, practical courses
Two-semester track available
Externship with a law firm or corporation
Convenient location in the heart of
downtown Chicago
For additional information, visit our website at
www.jmls.edu/international.html or call 312.360.2659.
CENTER FOR INTERNATIONAL BUSINESS AND TRADE LAW
315 S. Plymouth Court, Chicago, Illinois 60604 USA
®
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
Sweden
LL.M. in European Law
Stockholm University
Stockholm, Sweden
Email: masterprogramme@juridicum.su.se
Website: www.juridicum.su.se/master
The principle topic of study is the legal system of the
European Union. The courses consist mainly of seminars and
are aimed at providing the students with skills necessary for
their future work as either practitioners or researchers of
European Law. This is achieved by teaching students various
ways in which to identify problems and generate solutions.
LL.M. in Law and Information Technology
Stockholm University
Stockholm, Sweden
Email: masterprogramme@juridicum.su.se
Website: www.juridicum.su.se/master
LL.M. in International Commercial Arbitration
Stockholm University
Stockholm, Sweden
Email: masterprogramme@juridicum.su.se
Website: www.juridicum.su.se/master
LL.M. in European Intellectual Property Law
Stockholm University
Stockholm, Sweden
Email: masterprogramme@juridicum.su.se
Website: www.juridicum.su.se/master
The Master Program in Law and Information Technology
affords law graduates the possibility of developing their
proficiency in the combined fields of law and information
technology. The courses included in the program consist of
seminars, classes, practical assignments, and study visits to
law firms, companies and authorities specialized in the use
of IT in law.
The program in international commercial arbitration uses a
variety of teaching formats, emphasizes student participation
in the learning process, and provides opportunities for
students to apply theory in simulated arbitration exercises.
Students from a broad range of backgrounds will participate
in a dynamic learning experience where the multifaceted
aspects of arbitration are considered from a range of comparative
perspectives and always with a hands-on approach.
Intellectual Property Law has not only great political and
economic significance, but also great cultural significance.
The internet and other forms of international telecommunications
clearly demonstrate that intellectual property
recognizes no national borders.
47
Masters Program in European Business Law
Lund University Faculty of Law
Lund, Sweden
Email: anders.trojer@jur.lu.se
Website: http://qp1.jur.lu.se/QuickPlace/mp/Main.nsf/
The Master of European Business Law, given in cooperation
with the School of Economics at Lund University, is an advanced
academic program providing an in depth understanding
of Trade Law aspects of the Single European Market and
how the trade market functions in a global context; it allows
specialization in different fields of Business Law.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United Kingdom
48
LL.M. in International Human Rights Law
University of the West of England, Frenchay Campus
Bristol, United Kingdom
Email: anna.grear@uwe.ac.uk or katherine.dawson.uwe.ac.uk
Website: www.uwe.ac.uk
LL.M. in International and Comparative Law
University of Notre Dame and the London Law Centre
London, United Kingdom
Email: lawadmit@nd.edu
Website: http://law.nd.edu/london/llm/index.html
This is a challenging and dynamic course syllabus providing
an innovative approach to the study of human rights law,
encompassing international, European, and Commonwealth
law. The course is designed to cover a wide range of
comparative developments in human rights law and encourages
students to engage critically with International Human
Rights Law and key debates surrounding human rights
discourse.
The program allows students to obtain a degree from a U.S.
law school while studying in England. Focusing on international
and comparative law, this program is designed for
students from common law countries who seek advanced
training, and for graduates of law schools in civil law countries
who seek training in common law disciplines or who
wish to pursue studies comparing their legal systems with
those of the United States or Great Britain.
MASTER OF LAWS IN AMERICAN LAW
AND INTERNATIONAL LEGAL PRACTICE
Earn an American LLM from Loyola Law School
Los Angeles while studying in Europe at Alma
Mater Studiorum – Universitá di Bologna, the
oldest university in the world.
For more information, please
visit www.lls.edu/bologna or contact
bolognallm@lls.edu.
• Advance your legal education and acquire the skills to become an
international legal practitioner.
• Study alongside graduates from different countries allowing for
the exchange of diverse legal perspectives.
• Learn how to apply core American law principles to international
legal practice.
• All classes are taught in English.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
LL.M. Programs at the University of East London
University of East London
London, United Kingdom
Email: john.strawson@virgin.net
Website: www.uel.ac.uk/law
LL.M. in International Business Law
University of Exeter School of Law
Exeter, United Kingdom
Email: law-pgadm@exeter.ac.uk
Website: www.exeter.ac.uk/law
UEL LL.M. programs specialize in international and comparative
law and are assessed through research-based work
in four modules and a 15,000 word dissertation. Students
benefit from the work of the school’s Center on Human
Rights and Conflict which carries out work on human rights
in armed conflict, and in the context of terrorism and dispute
resolution. Degrees can be earned in International Law,
Criminal Justice, Human Rights, Economics and Islamic Law.
The International Business Law program aims to provide
students in-depth understanding of the legal problems that
arise in the conduct of business across national frontiers and
of the characteristic types of legal solutions adopted.
LL.M. in International and Comparative Law
University of Exeter School of Law
Exeter, United Kingdom
Email: law-pgadm@exeter.ac.uk
Website: www.exeter.ac.uk/law
This program examines Public Law problems from a variety
of perspectives, including that of international organizations,
European institutes, human rights, civil liberties and
refugees. It also investigates how different national systems
cope with similar Public Law problems yet arrive at different
solutions.
49
LL.M in International Human Rights Law
Birmingham City University, City North Campus
Birmingham, United Kingdom
Email: bcuinternational@enquiries.uk.com
Website: www.bcu.ac.uk
The program is designed to give in-depth knowledge of
human rights law with particular focus on potential for
conflict between local/national law and international human
rights standards. The program is offered with two pathways;
U.S. and international. Both give you the chance to become
involved in rewarding community projects either locally or
internationally.
LL.M in Corporate and Business Law
Birmingham City University, City North Campus
Birmingham, United Kingdom
Email: bcuinternational@enquiries.uk.com
Website: www.bcu.ac.uk
International Law LL.M. Programs
Oxford Brookes University
Oxford, United Kingdom
Email: pglaw@brookes.ac.uk
Website: www.brookes.ac.uk/studying/courses/postgraduate
This program has been designed to explore the rapidly
expanding subject of corporate and business law and
practice within the UK and Europe. The program will address
issues such as corporate responsibility for the environment,
directors’ remuneration, intellectual property rights, trusts
and pensions, competition and free trade, corporate governance,
corporate crime, and the wider effects of corporate
insolvency.
Brookes’ LL.M. programs will give you a unique opportunity
to expand your knowledge and understanding of international
law and to develop the skill and expertise needed for
a career in today’s global arena. Programs include: International
Trade and Commercial Law; International Human
Rights Law; International Economic Law; International Banking
Law; Public International Law; WTO Law; and general
International Law.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United Kingdom, cont.
LL.M. Programs at the University of Leicester
University of Leicester
Leicester, United Kingdom
Email: jww4@le.ac.uk
Website: www.le.ac.uk/law/pg
Students seeking an LL.M. degree from Leicester may
choose among the following programs: General Studies;
European Law and Integration; Human Rights; International
Comparative Law; Legal Research; and Public International
Law.
50
LL.M. in International Corporate
and Financial Law
University of Wolverhampton
Wolverhampton, United Kingdom
Email: sls-enquiries@wlv.ac.uk
Website: www.wvl.ac.uk/sls
LL.M. in International Trade Law
Nottingham Trent University
Nottingham, United Kingdom
Email: Helen.adcock@ntu.ac.uk
Website: www.ntu.uk
A highly-regarded postgraduate specialist qualification that
combines a practical view of legal issues raised with an
academic consideration of the matters stemming from a
range of internationally-related subjects. This unique course
will provide you with an international view of corporate and
financial activity that will facilitate your development of the
skills necessary to succeed in the global commercial market.
This program explores areas including International Sales
and Carriage of Goods, International Finance, International
Dispute Resolution and World Trade Organization Law.
These topics are of particular importance because of the
entry of India and China to the WTO.
LL.M. in International Criminal Justice
Nottingham Trent University
Nottingham, United Kingdom
Email: Helen.adcock@ntu.ac.uk
Website: www.ntu.uk
This course focuses on criminal law and criminal justice as
they are becoming increasingly internationalized areas of
law, and there is a need to evaluate criminal law theory and
the emerging principles of international criminal law.
LL.M. in International Law
University of Westminster School of Law
London, United Kingdom
Email: m.roscini@westminster.ac.uk
Website: www.wmin.ac.uk/law/page-715
The MA/LLM International Law takes an interdisciplinary
approach to international law. With exceptional locations
in the heart of London and a strong international flavour,
the University of Westminster is a natural choice for those
seeking an advanced Qualification. The course is designed
for both law and non-law graduates and for both legal and
non-legal practitioners and can be taken full-time (one year)
or part-time over two years.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
LL.M. in Dispute Prevention and Resolution
University of Westminster School of Law
London, United Kingdom
Email: course-enquiries@wmin.ac.uk
Website: www.westminster.ac.uk/law
This LL.M. embraces a wide range of public, private and
domestic issues relevant to the prevention and resolution of
conflicts and disputes, including justice and risk. Combining
academic and practical approaches to teaching and learning,
the course includes negotiation, litigation and arbitration,
and also alternative dispute resolution (ADR) process such
as mediation and conciliation.
LL.M. in International and Commercial
Dispute Resolution
University of Westminster School of Law
London, United Kingdom
Email: course-enquiries@wmin.ac.uk
Website: www.westminster.ac.uk/law
LL.M. in International Commercial Law
University of Westminster School of Law
London, United Kingdom
Email: course-enquiries@wmin.ac.uk
Website: www.westminster.ac.uk/law
This course takes a broad approach to the study of
substance and procedure, order and disorder, uncertainty
and risk, and justice and injustice in the public and private
international and commercial spheres. You will focus on the
laws, customs, rules and practices linked to potential and
actual disputes, and examine a range of issues including
containment, management, negotiation, and resolution.
With the growth of international trade and commerce, law
firms, business enterprises and governmental organizations
place a premium on graduates with commercial law
skills. This LL.M. takes a highly practical and professional
approach, offering you grounding both in legal and commercial
skills. It is ideally suited to those who come from
a law, business, management, politics or social science
background.
51
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United Kingdom, cont.
LL.M. in Entertainment Law
University of Westminster School of Law
London, United Kingdom
Email: course-enquiries@wmin.ac.uk
Website: www.westminster.ac.uk/law
This course combines the academic analysis and commercial
practice elements of entertainment law. The diverse nature
of entertainment law allows a number of specializations to
be followed, with key underpinnings being the issue of contact
and intellectual property. The course will suit graduates
from a law background, or from a non-law background who
have significant relevant experience.
52
LL.M. in Corporate Finance Law
University of Westminster School of Law
London, United Kingdom
Email: course-enquiries@wmin.ac.uk
Website: www.westminster.ac.uk/law
THE CATHOLIC UNIVERSITY OF AMERICA
Columbus School of Law
WASHINGTON, D.C.
Master of Laws, LL.M.,
Degree Program
Banking and Commercial Law • Securities Law
Communications Law • Estate Planning
Comparative and International Law • Jurisprudence
For further information, visit our Web site:
http://law.cua.edu/llm/
or contact the Office of Admissions at 202-319-5151.
International applications due March 1, 2008 • Domestic applications
due July 1, 2008
Master of Laws, LL.M.,
in American Law
Catholic University also offers an LL.M. program in
American law for international students with a master’s
of law or equivalent degree. Students spend a summer
and nine to 12 weeks of an academic year taking courses
from CUA law professors at Jagiellonian University in
Kraków, Poland, and a summer at Catholic University
in Washington, D.C. This program offers an alternative
to LL.M. programs requiring a year of residence in the
United States.
For information, visit http://www.wejman.pl/
Corporate finance law is essential for lawyers, bankers and
financiers who wish to develop professional skill in fund
raising, deal structures and transactional management. You
will learn how the financial markets work, from the primary
markets involving the issue of equity, debt and derivatives,
to the secondary markets involving trading, investments
and large financial transactions in the international capital
markets.
International
Legal Studies
Master of Laws (LL.M.)
Summer International
Commercial Law LL.M.
Summer intensive programs
■ a quality University of California education
■ credits needed to practice law in the U.S.
■ full-time and part-time options available
International Programs University of California, Davis, School of Law
Tel: (530) 757-8569
Law.ad@unexmail.ucdavis.edu www.extension.ucdavis.edu/law
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
LL.M./MA in Bioethics and Medical Law
Lancaster University Law School
Lancaster, United Kingdom
Email: e.jones@lancaster.ac.uk
Website: www.lancs.ac.uk/fass/law
This program is an excellent postgraduate program for
all with an interest in bioethics and medical law issues,
including intercalating medical students and others with a
first degree or relevant professional qualification and work
experience.
LL.M. in International Human Rights
and Humanitarian Law
Lancaster University Law School
Lancaster, United Kingdom
Email: e.jones@lancaster.ac.uk
Website: www.lancs.ac.uk/fass/law
LL.M./MA in International Law and
International Relations
Lancaster University Law School
Lancaster, United Kingdom
Email: e.jones@lancaster.ac.uk
Website: www.lancs.ac.uk/fass/law
LL.M. in International Business
and Corporate Law
Lancaster University Law School
Lancaster, United Kingdom
Email: e.jones@lancaster.ac.uk
Website: www.lancs.ac.uk/fass/law
LL.M. in European and International
Legal Studies
Lancaster University Law School
Lancaster, United Kingdom
Email: e.jones@lancaster.ac.uk
Website: www.lancs.ac.uk/fass/law
LL.M./Masters in Management and Law
Lancaster University Management School
Lancaster, United Kingdom
Email: mscm@lancaster.ac.uk
Website: www.lums.lancs.ac.uk/masters/management/mscmanagement-law/
The program aims to provide a bridge from undergraduate
level studies (or equivalent professional experience) to research,
focusing on a distinct although relatively broad specialization.
The required courses, combined with appropriate
options, lay a strong foundation in the basics of international
human rights and humanitarian law (armed conflict), that are
of increasing importance today.
This scheme provides a broad and flexible degree at the
post-graduate level, offering a range of courses taught by
both the School of Law and Department of Politics & International
Relations. There is no pre-requisite that students
should have a background in either law, politics or international
relations.
The program aims to provide a bridge from undergraduate
level studies (or equivalent professional experience) to
research, focusing on a distinct although relatively broad
specialization. The modules are designed to ensure that
students are offered a range of subjects to suit different
areas of interest within a coherent whole and with an international
and European perspective.
The LL.M. in European and International Legal Studies is designed
to provide a broad and flexible degree at postgraduate
level covering the main areas of European Union Law, as
well as a range of modules in International Law. There is no
pre-requisite that students should have studied either law
generally, or European or International Law in particular.
The one year full-time Masters/LL.M. in Management and
Law provides a broad introduction to the key principles and
techniques of management and law, so that they can be
applied in a business environment.
53
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United Kingdom, cont.
54
LL.M. in International Commercial Law
Kent Law School, University of Kent, Eliot College
Kent, United Kingdom
Email: kls-pgoffice@kent.ac.uk
Website: www.kent.ac.uk/law/postgraduate/index.html
LL.M. in International Law with
International Relations
Kent Law School, University of Kent, Eliot College
Kent, United Kingdom
Email: kls-pgoffice@kent.ac.uk
Website: www.kent.ac.uk/law/postgraduate/index.htm
LL.M. in International Economic Law
Kent Law School, University of Kent, Eliot College
Kent, United Kingdom
Email: kls-pgoffice@kent.ac.uk
Website: www.kent.ac.uk/law/postgraduate/index.html
LL.M. in Public International Law
Kent Law School, University of Kent, Eliot College
Kent, United Kingdom
Email: kls-pgoffice@kent.ac.uk
Website: www.kent.ac.uk/law/postgraduate/index.html
LL.M. in International Commercial
and Business Law
University of East Anglia
Norwich, United Kingdom
Email: victoria.hawkes@uea.ac.uk
Website: www.uea.ac.uk/law
The program covers core legal areas involved in the conduct
and regulation of international commercial transactions and
transnational enterprise activities in the context of national/
international regulation. Focus is placed on the combination
of knowledge of legal instruments with reflective evaluation
of the practical operation and effectiveness of the law.
Emphasis is also placed upon the interaction of law with
other disciplines.
The program covers the general methods and theories of international
law, international humanitarian law and international
relations. The objective is to provide an understanding
of the role, potential and limitations of public international
law in international affairs. The interdisciplinary approach
is particular suited to those involved with, or hoping to work
for, international/non-governmental organizations, foreign
affairs departments and international law firms.
This program seeks to transcend the usual distinctions
among academic disciplines, and within the study of law -
public/private, domestic/international, the polity/economy,
the social/legal. It is designed to improve analysis and
normative evaluation of global economic governance. The
program is beneficial to those seeking careers in international
organizations, international law firms, or in the fields
of trade and finance and international business.
Taught primarily through a consideration of current international
events, the program will enable you to understand
and evaluate public international law and its role, potential
limitations in international affairs and also emphasize the
theoretical bases of international law. The program is of
particular benefit for those involved with, or hoping to work
for, international/non-governmental organizations or international
law firms.
The practice of international commercial and business law
is one of the most challenging and fastest growing areas of
law practice. Students can choose among a wide range of
commercial and business law courses.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
LL.M. in International Trade Law
University of East Anglia
Norwich, United Kingdom
Email: victoria.hawkes@uea.ac.uk
Website: www.uea.ac.uk/law
International trade in goods plays a critical role in national
wealth creation and in order for trade to be carried out
efficiently and profitably there needs to be a clear and
predictable legal framework. This course enables students
to examine many of the issues from not only a legal but a
practical point of view.
LL.M. by Research
University of East Anglia
Norwich, United Kingdom
Email: victoria.hawkes@uea.ac.uk
Website: www.uea.ac.uk/law
LL.M. in Employment Law
University of East Anglia
Norwich, United Kingdom
Email: victoria.hawkes@uea.ac.uk
Website: www.uea.ac.uk/law
This degree is aimed at students wishing to gain a deeper
understanding of a particular topic and can lean on to an
MPhil/PhD upon demonstration of satisfactory progress.
Competition Law and International Trade Law are also
available with a research methods training component. This
route is likely to interest those who are considering work in
academic legal research, with law reform bodies or international
organizations with a policy research focus.
Employment Law is one of the most dynamic and fast growing
areas of legal specialization. The course provides a firm
grounding in the most important areas of employment law
and practice. Several of the units are unique to the program.
55
LL.M. in International Competition
Law & Policy
University of East Anglia
Norwich, United Kingdom
Email: victoria.hawkes@uea.ac.uk
Website: www.uea.ac.uk/law
LL.M. in Intellectual Property Law
University of East Anglia
Norwich, United Kingdom
Email: victoria.hawkes@uea.ac.uk
Website: www.uea.ac.uk/law
Law is an area of rapidly increasing importance on the
national, European and international stages. The LL.M. is
designed to equip students with the law, the procedures and
the economic concepts that underpin policy and practice.
The program is offered in conjunction with the UEA ESRC
Centre for Competition Policy.
Information forms the basis of and the driving engine behind
the world’s economy. The ownership of information - in the
form of intellectual property - and its gathering, use, protection
and sale, is quickly becoming one of the core issues in
modern law. Students are encouraged to gain a rigorous
understanding of how the law impacts at national and
international levels.
International Law LL.M. Programs
Newcastle Law School
Newcastle upon Tyne, United Kingdom
Email: Joanna.gray@ncl.ac.uk
Website: www.ncl.ac.uk/nuls/
Courses in these programs include:
Corporate Governance and Corporate Finance; International
Financial Regulation; Human Rights in a Global Context;
Public International Law; Intellectual Property and Competition
Law; International Intellectual Property Law; Law of International
Commerce; Law of WTO and GATT; International
Environmental Law; Environmental Law and Environmental
Rights; Planning Law and Environmental Impact Assessment
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United Kingdom, cont.
LL.M. Programs at University College London
University of London - University College London
London, United Kingdom
Email: m.mark@ucl.ac.uk
Website: http://www.ucl.ac.uk/laws/prospective/llm/
UCL Laws has a truly remarkable teaching and research
community, demonstrated by the talent and achievement of
its students, faculty, and alumni. We are deeply committed
to the quality and relevance of the graduate education we
offer and you will be working with academics at the cutting
edge of modern legal research.
56
LL.M. in International Business Law
Aberystwyth University
Aberystwyth, Wales
Email: moa@aber.ac.uk
Website: www.aber.ac.uk/~lawwww/
3965-ILSP ILSA 1/4 pg ad 2/19/07 6:15 PM Page 1
The LL.M. in international Business Law and Management,
designed to include all relevant aspects of international
business law, is delivered entirely by distance learning away
from campus. It is comprised of twelve 10-credit modules
and a 20,000 word dissertation. Assessment of each of
the modules is written by assignment. All the materials
necessary for the successful completion of the course are
supplied, either electronically or in hard copy.
WCL’s International Legal Studies Program.
Where the World Meets to Study Law.
Preparing lawyers to shape a new global reality — our alumni
help their countries become more economically prosperous,
environmentally healthy, and more just and equitable.
More than 45 international law courses each semester.
A world-renowned faculty.
A student body from over 70 countries and graduates from
more than 100 nations.
Offering 7 different specializations in International Law.
Academic Scholarships available for the LL.M. program
Offering the only dual LL.M./MBA in the U.S.
For information: 202.274.4110
www.wcl.american.edu/ilsp
E-mail: llminfo@wcl.american.edu
EO/AA University and Employer
4801 Massachusetts Avenue NW
Washington, D.C. 20016-8189
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United States
U.S. Programs are organized by State, with the States listed in alphabetical order
LL.M. in International Trade and Business Law
University of Arizona Rogers College of Law
Tucson, AZ USA
Email: gantz@law.arizona.edu
Website: www.law.arizona.edu/depts/llmitl/welcome.cfm/
LL.M. in Indigenous Peoples Law and Policy
University of Arizona Rogers College of Law
Tucson, AZ USA
Email: deitering@law.arizona.edu
Website: www.law.arizona.edu/depts/iplp/index.cfm
LL.M. Programs at Golden Gate University
Golden Gate University School of Law
San Francisco, CA USA
Email: gradlaw@ggu.edu
Website: www.ggu.edu/law
The LL.M program is designed to provide candidates with
the theoretical and practical knowledge required to understand
current developments in the areas of international
trade, commercial and business law. The complex web of
international agreements, rules, regulations and international
arbitral decisions indicates a clear need for rigorous
graduate-level legal education in these related fields, which
we provide.
The principle objectives of the LL.M. program are to provide
students with: (1) rigorous training in the law of indigenous
peoples’ rights under domestic legal systems and under the
international human rights system; (2) the opportunity to
engage in faculty-supervised legal and policy research on
projects relating to indigenous peoples’ rights and status
under domestic and international law; (3) advanced graduate
legal clinical placement opportunities in this field.
Courses in the School of Law’s five Master of Laws programs
are taught by full-time and adjunct faculty with practical
legal experience in the heart of San Francisco’s downtown
legal and financial district. LL.M. degrees are offered in
Environmental Law, Intellectual Property Law, International
Legal Studies, Taxation, and U.S. Legal Studies.
57
LL.M. in International Commercial Law
University of California, Davis School of Law
Davis, CA USA
Email: law.ad@unexmail.ucdavis.edu
Website: www.law.ucdavis.edu
The innovative summer International Commercial Law LL.M.
is a part-time degree program designed so that busy professionals
can earn a master’s degree by spending three-to-five
consecutive summers in intense study, while continuing their
legal work for the remainder of the year.
LL.M. Program at UC Davis
University of California, Davis School of Law
Davis, CA USA
Email: law.ad@unexmail.ucdavis.edu
Website: www.law.ucdavis.edu
This program integrates American and foreign law students
at all levels of study. The law school has a broad curriculum,
offering students many courses and opportunities for special
projects and original research. Through the Master of Laws
program, students participate in transnational law and prepare
for professional roles in the internationalized economy
and in global integration.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United States, cont.
LL.M. Program in General Studies
Southwestern Law School
Los Angeles, CA USA
Email: llmprogram@swlaw.edu
Website: www.swlaw.edu
Southwestern’s LL.M. Program offers graduate students a
choice of specializations leading to a degree which best
meets their personal educational goals. We offer over 150
electives and core courses, with the opportunity to enroll in
either day or evening classes.
58
LL.M. in International Transactions and
Comparative Law
University of San Francisco School of Law
San Francisco, CA USA
Email: jctraylor@usfca.edu
Website: www.usfca.edu/law
LL.M. in Intellectual Property and
Technology Law
University of San Francisco School of Law
San Francisco, CA USA
Email: jctraylor@usfca.edu
Website: www.usfca.edu/law
LL.M. in Comparative Law
University of San Diego School of Law
San Diego, CA USA
Email: llminfo@sandiego.edu
Website: www.law.sandiego.edu/
LL.M. Programs at Santa Clara University
Santa Clara University School of Law
Santa Clara, CA USA
Email: internationallaw@scu.edu
Website: www.scu.edu/law/international
The LL.M. Program is designed for students who have received
their basic legal education in a country other than the
US. It offers two options for specialized study: law relating
to international transactions and a student-selected area of
American law as a comparative study. Students wishing to
specialize in international commercial transactions or in another
area can select from among a wide variety of courses
appropriate for their particular interest.
The LL.M. Program offers a thorough exposure to American,
international and comparative intellectual property law and
related fields. The goal is to equip students with a sufficient
grounding in legal theory and practical development to
pursue gainful employment in the intellectual property field
in the United States and abroad. Students in this program
are required to complete an advanced seminar in intellectual
property (which includes research and writing components).
For 30 years, the University of San Diego School of Law has
afforded international attorneys the opportunity to study a
contemporary, dynamic legal curriculum that prepares LL.M.
candidates to deal effectively with US attorneys on questions
of common interest. Our offerings regularly include
courses in business and corporate law, intellectual property,
international law, human rights, criminal law, and environmental
law.
As a graduate of an accredited law school, you can enhance
your legal career by applying to one of our graduate programs.
We offer LL.M. degrees in Intellectual Property Law,
Human Rights Law, United States Law - General Studies,
and International and Comparative Law. For more information,
please visit our website.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
LL.M. in International Legal Studies
American University Washington College of Law
Washington, DC USA
Email: lllminfo@wcl.american.edu
Website: www.wcl.american.edu/ilsp
LL.M. Programs at Georgetown
Georgetown University Law Center
Washington, DC USA
Email: llmadmis@law.georgetown.edu
Website: www.law.georgetown.edu/admissions
Intellectually and culturally diverse, the International Legal
Studies Program (ILSP) offers a comprehensive education,
which incorporates international law courses and seminars
along with opportunities for experiential learning. With
seven specializations ranging from International Business
Law to Intellectual Property to Trade Law to International
Human Rights Law, the ILSP offers students a flexible course
of study to meet their needs.
The Master of Laws programs at Georgetown Law Center
combine a core of American Law requirements with elective
courses tailored to the student’s own area of interest. Degrees
require completion of a minimum of 20 credit hours of
course work (usually four or five courses per semester). For
more information, visit www.law.georgetown.edu/
admissions.
LL.M. in Comparative Law
University of Miami School of Law
Miami, FL USA
Email: intlllm@law.miami.edu
Website: www.law.miami.edu/ifp/
The comparative law program, which is strictly for foreign
attorneys, provides a unique opportunity to continue the
study of law in a context that emphasizes American common
law and the impact of a global economy on American law.
Students also engage in a comparative study of the U.S. legal
system with that of where they earned their law degree.
llmad_07 1/16/08 4:26 PM Page 1
59
UNIVERSITY OF SAN FRANCISCO SCHOOL OF LAW
Master of Laws Programs
The LL.M. Programs feature
small classes, provide an alumni
mentor for each student, and
guarantee individual attention
from law school faculty and
staff members. Classes begin in
August of each year.
For more information, please visit
web page: www.usfca.edu/law
or telephone 415.422.6946 or
email: masterlaws@usfca.edu
MASTER OF LAWS (LL.M.)
International Transactions and Comparative Law
For Foreign Lawyers
Study international commercial transactions
or a selected area of American law
MASTER OF LAWS (LL.M.)
Intellectual Property and Technology Law
For both U.S. and Foreign Lawyers
A wide selection of courses consider American,
international and comparative IP law
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United States, cont.
LL.M. in Coastal & Ocean Law
University of Miami School of Law
Miami, FL USA
Email: intlllm@law.miami.edu
Website: www.law.miami.edu/ifp/
The Ocean and Coastal Law program prepares students
to be a specialist in the domestic and international legal
problems associated with the use and protection of the
marine environment, generally for American law graduates.
Professor Bernard H. Oxman is the chair of the Ocean and
Coastal Law LL.M. and the Co-Editor in Chief of the American
Journal of International Law.
60
LL.M. in Inter-American Law
University of Miami School of Law
Miami, FL USA
Email: intlllm@law.miami.edu
Website: www.law.miami.edu/ifp/
LL.M. in International Law
University of Miami School of Law
Miami, FL USA
Email: intlllm@law.miami.edu
Website: www.law.miami.edu/ifp/
The Inter-American Law program, generally for bilingual
American law graduates, is designed to prepare students
for a career in the Inter-American legal field, and to expose
them to basic aspects of Latin American law and legal
culture so they can more effectively service clients from that
region and advise clients doing business in Latin America.
UM offers several Spanish courses.
The International Law program’s objective is to provide
students with the background necessary to recognize, understand
and manage problems arising in the international legal
order, including those relating to international trade, investment,
business, environmental problems and the protection
of human rights. This program is generally for American law
graduates.
LL.M. in International Taxation
University of Florida
Gainesville, FL USA
Email: friel@law.ufl.edu
Website: www.law.ufl.edu/tax/
The University of Florida Graduate Tax Program is widely
recognized by scholars and practitioners as one of the nation’s
leading programs for the advanced study of tax law.
Its one-year course of study leads to either a Master of
Laws (LL.M.) in Taxation or a Master of Laws (LL.M.I.T) in
International Taxation.
LL.M. in Intercultural Human Rights
St. Thomas University School of Law
Miami Gardens, FL USA
Email: humanrights@stu.edu
Website: www.stu.edu/humanrights
Globally unique LL.M. program offering in-depth instruction
on the protection of human dignity across political,
social, economic, and cultural lines; Faculty of worldwide
distinction: top United Nations experts, chief legal advisors,
judges, scholars and practitioners; Diversity and intercultural
dialogue, with students and faculty from all over the globe;
Doctoral studies available to graduates; Acquiesced in by
the American Bar Association.
ILSA Quarterly » volume 16 » issue 3 » February 2008

School School of Law of Law
Silicon Silicon Valley, Valley, California California
USA USA
Located in Located Silicon in Valley, Silicon one Valley, of the one most of the dynamic most dynamic centers centers
of innovation, of innovation, commerce, commerce, technology, technology, and learning and learning the in the
world, Santa world, Clara Santa University Clara University School of School Law offers Law flexible offers flexible
opportunities opportunities for international for international professionals. professionals.
Santa Clara Santa University Clara University is the oldest is the university oldest university in the State in the State
of California. of California. The highly The regarded highly regarded School of School Law is of ranked Law is ranked
as having as one having of the one top of ten the intellectual top ten intellectual property property law law
programs programs in the United in the States. United States.
Degree Degree programs: programs:
Degree programs Degree programs for non-U.S. for non-U.S. attorneys attorneys begin with begin a with a
three-week three-week summer course summer introducing course introducing basic principles basic principles
of United of States United and States allow and students allow students to design to a design generala general
program program or focus or on focus a specialization:
a specialization:
• LL.M. in • United LL.M. in States United Intellectual States Intellectual Property Property Law Law
• LL.M. in • United LL.M. in States United Human States Rights Human Law Rights Law
• LL.M. in • United LL.M. in States United Law States – General Law – Studies General Studies
• LL.M. in • International LL.M. in International and Comparative and Comparative Law Law
Degree programs Degree programs for U.S. attorneys for U.S. attorneys also allow also students allow students to to
design their design studies their to studies suit individual to suit individual needs and needs interests: and interests:
• LL.M. in • Intellectual LL.M. in Intellectual Property Property Law Law
• LL.M. in • International LL.M. in International and Comparative and Comparative Law Law
Santa Clara Santa offers Clara two offers non-degree two non-degree
opportunities opportunities for non-U.S. for non-U.S. attorneys: attorneys:
• Summer • Summer Certificate Certificate Session in Session United in States United Law States Law
• Semester • Semester Certificate Certificate Program Program in United in States United Law States Law
for Professionals for Professionals
Scholarships Scholarships available. available.
For more For information more information about about
these programs, these programs, please see: please see:
www.scu.edu/law/international
Contact: Contact:
Director of Director Graduate of Graduate Legal Programs Legal Programs
Santa Clara Santa University Clara University School of School Law of Law
email email InternationalLaw@scu.edu
telephone telephone 408-551-1963 408-551-1963
fax fax408-554-5047
408-554-5047
www.scu.edu/law/international

2008 LL.M. Program Listings
United States, cont.
62
LL.M. Degree Program
University of Illinois School of Law
Champaign, IL USA
Email: llm@law.uiuc.edu
Website: www.law.uiuc.edu/academics/llm.asp/
LL.M. in Global Legal Studies
The John Marshall Law School
Chicago, IL USA
Email: 7wojcik@jmls.edu
Website: www.jmls.edu
LL.M. Program at Indiana University
Indiana University School of Law - Indianapolis
Indianapolis, IN USA
Email: llmprgrms@iupui.edu
Website: http://indylaw.indiana.edu/llm/
The Illinois LL.M. program is designed to introduce international
law students to the US legal system while providing
the opportunity for further study in their own area of
academic or professional interest. The LL.M. degree requires
32 credit hours and is completed in one academic year. Applicants
must hold a first degree in law from an accredited
institution which should be the equivalent of the J.D. or
LL.B. degree.
This LL.M. program allows foreign law students to choose
J.D. courses as well as courses in other LL.M. programs,
including courses in international business transactions,
employee benefits, intellectual property, tax, information
technology, and real estate. It is the most flexible of our
LL.M. programs, and students from other countries can design
a program that suits their specific interests and needs.
The Master of Laws Degree at Indiana University School of
Law – Indianapolis is a single degree offering five “tracks”
or concentrations of study: American Law for Foreign Lawyers
track; Health Law, Policy and Bioethics track; Intellectual
Property Law Track; International and Comparative Law
track; and International Human Rights Law track. Applicants
apply for admission to specific tracks of the LL.M. program.
LL.M. in International Human Rights Law
Center for Civil and Human Rights
Notre Dame Law School
Notre Dame, IN USA
Email: sobrien2@nd.edu
Website: www.nd.edu/~cchr
LL.M. Programs at Tulane Law School
Tulane Law School
New Orleans, LA USA
Email: admissions@law.tulane.edu
Website: www.law.tulane.edu
Our LL.M. program is designed for non-US lawyers who
exhibit a commitment to human rights lawyering and intend
to return to that work post-graduation. Our outstanding
faculty, small class size and full scholarships ensure that our
students gain competency in the substantive and procedural
aspects of international human rights law.
One-year programs leading to the degree of Master of Laws
(LL.M.) are offered to eligible candidates already holding
the first law degree (J.D. or LL.B. or equivalent). Each of
the LL.M. programs requires two full-time semesters in
residence and satisfactory completion of 24 semester hours.
Tulane typically receives 300 applications for 50 places in
the various LL.M. programs. Degrees available in Admiralty,
International & Comparative Law, Business and more.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
LL.M. in United States Laws
Loyola University New Orleans College of Law
New Orleans, LA USA
Email: klebba@loyno.edu
Website: http://law.loyno.edu/fsp/llm/index/html
Attaining an LL.M. from Loyola will open new career options
for you in the growing global economy. The LL.M. we offer
is flexible enough for a variety of interests. The program
is fully integrated with the existing J.D. program, allowing
choice from a large number of courses, such as international
trade law, European Union law, tax, intellectual property,
human rights, environmental law, etc.
LL.M. in Global Law and Policy
Suffolk University Law School
Boston, MA USA
Email: bhalay@suffolk.edu
Website: www.law.suffolk.edu/llm
LL.M. in General Legal Studies
Boston College Law School
Boston, MA USA
Email: bcllm@bc.edu
Website: www.bc.edu/llm
This is a flexible 24 credit degree program to prepare you
for the international practice of law. Students may earn specializations
in International Law and Business, Intellectual
Property, Biomedicine and Biotechnology and U.S. Law and
Legal Methods. Opportunities including participation in an
on-line journal and internships in domestic and international
law firms. Full or part-time schedules with initial enrollment
in either the fall or spring semester are offered.
The LL.M. program at Boston College is designed for foreigntrained
lawyers with varied backgrounds and interests.
Participants take courses in our regular curriculum and pursue
writing projects under faculty supervision. The program
includes special introductory courses in U.S. law, and legal
research and writing.
63
LL.M. in International Law
The Fletcher School of Law and Diplomacy
Medford, MA USA
Email: endri.misho@tufts.edu
Website: www.fletcher.tufts.edu/llm/default.shtml/
The Fletcher School’s Master of Laws (LL.M.) is a postgraduate,
full-time academic degree for legal professionals.
Fletcher’s LL.M. in international law provides broad contextual
understanding – not only of the law, but also of the
disparate societies and international community in which it
is made, interpreted and applied.
LL.M. Programs at Cooley Law School
Thomas M. Cooley Law School
Lansing, MI USA
Email: llm@cooley.edu
Website: www.cooley.edu/llm
The Graduate Programs at Cooley offers busy professionals
an opportunity to earn an LL.M. degree in a manner
conducive to their schedule. Students can choose to take
courses at any of Cooley’s three Michigan campuses. LL.M.
degrees are offered in Insurance Law, Intellectual Property,
Taxation, Corporate Law and Finance, General Legal Studies,
and Legal Studies for Foreign Attorneys.
LL.M. (Flexible Specialization)
University of Michigan Law School
Ann Arbor, MI USA
Email: law.grad.admissions@umich.edu
Website: www.law.umich.edu
The University of Michigan Law School’s small LL.M. and
S.J.D. programs ensure individualized attention for every
student and full integration with law school students. The
programs are both rigorous and flexible, allowing specialization
in any given field of interest. Students benefit from the
vast resources of the Law School and the University, and
enjoy the friendly yet cosmopolitan atmosphere of a lively
university town.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
64
LL.M. in Space and Telecommunications Law
University of Nebraska College of Law
Lincoln, NE USA
Email: jschaefer3@unl.edu
Website: http://spaceandtelecomlaw.unl.edu
LL.M. in Intellectual Property
Cardozo School of Law
New York, NY USA
Email: lawinfo@yu.edu
Website: www.cardozo.yu.edu
LL.M. in General Studies
Cardozo School of Law
New York, NY USA
Email: lawinfo@yu.edu
Website: www.cardozo.yu.edu
First of its kind in the United States, the LL.M. is a 24 credit
hour program with required courses in international law,
space law, national security space law, telecommunications
law and international telecommunications law. Elective
courses include cyber law, European space regulation, national
space regulation and international business transactions.
Students must have a prior J.D. degree or a foreign
law degree.
With one of the strongest intellectual property law programs
in the U.S., Cardozo gives graduates an invaluable edge in
their understanding of this complex, dynamic and increasingly
important field. With its breadth and depth of courses,
speakers and symposia and its prestigious and dedicated
group of expert faculty, Cardozo’s LL.M. in IP Law leads to a
genuine mastery of the field that simply cannot be attained
as part of the J.D. program at any law school.
Cardozo’s General Studies LL.M. Program is distinctive for its
flexibility and the breadth of its offerings. Students design
their own course of study in keeping with their specific goals
and interests, developed in consultation with the Director
of Graduate and International Programs. Students enrolled
in the General LL.M. program may select from virtually the
entire law school curriculum.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
LL.M. in Comparative Legal Thought
Cardozo School of Law
New York, NY USA
Email: lawinfo@yu.edu
Website: www.cardozo.yu.edu
The Comparative Legal Thought LL.M. is the first of its kind
at any US law school, and capitalizes on Cardozo’s strength
in legal theory, philosophy, jurisprudence, law and literature,
religion and related areas. Although primarily intended for
those who hope to enter legal academia, this degree is
appropriate for anyone with an interest in these and other
interdisciplinary approaches to law.
LL.M. in U.S. and Global Legal Studies
Case Western Reserve University School of Law
Cleveland, OH USA
Email: adria.sankovic@case.edu
Website: www.law.case.edu
One-year program for graduates of foreign law schools;
flexible curriculum to meet goals of each student; LL.M.
students may also earn certificates of concentration in Intellectual
Property, International Business Law, International
Public Law, Health Law and ADR/Mediation.
LL.M. Program for Foreign Lawyers
Ohio State University Moritz College of Law
Columbus, OH USA
Email: MoritzLLM@osu.edu
Website: moritzlaw.osu.edu/programs/llm
The one-year Moritz LL.M. Program is designed for foreign
lawyers who wish to advance their legal education in a
stimulating academic environment. The college offers the
dual advantages of a highly-regarded law curriculum at a
major U.S. university and a LL.M. program of limited size
that allows for individualized attention and support.
65
Take Aim.
The Ohio State University
Moritz College of Law
Get your LL.M. in Global Law & Technology at Suffolk University Law School in Boston
• Our flexible, innovative 24-credit program is taught in one of the most technologically-advanced
facilities in the country, in the heart of Boston.
• We offer specializations in Biomedicine and Health Law; Intellectual Property and
Information Technology Law; International Law and Business; and U.S. Law and Legal Methods.
• Opportunities include participation in an on-line journal of high technology
law and internships in domestic and international law firms.
• Initial enrollment in either the fall or spring semester.
For more information, please contact Bridgett C. Halay
at bhalay@suffolk.edu or at 617.573.8171.
120 Tremont Street • Boston, MA 02108–4977 • www.law.suffolk.edu/llm
Master of Laws (LL.M.)
for Foreign Lawyers
One-Year Program
email: MoritzLLM@osu.edu
http://moritzlaw.osu.edu/programs/llm
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United States, cont.
LL.M. in Environmental and Natural
Resource Law
University of Oregon
Eugene, OR USA
Email: slana@uoregon.edu
Website: www.law.uoregon.edu/llm
The University of Oregon has the world’s best and longestestablished
program in environmental and natural resource
law. Its innovative and helpful professors write textbooks
used in other schools. Its friendly and supportive students go
on to become national and world leaders. The LL.M. program
requires two semesters of study. Courses are selected from
the long list of environmental offerings.
66
Advanced Law Programs in
San Francisco
Graduate Law
Programs
• LLM in Environmental Law
• LLM in Intellectual
Property Law
• LLM and SJD in
International Legal
Studies
• LLM in Taxation
• LLM in US Legal Studies
• Graduate Certificate
Programs
Phone 415-442-6636
Email gradlaw@ggu.edu
VISIT OUR WEBSITE
www.ggu.edu/law
Golden Gate University School of Law is fully accredited by the American Bar Association
(ABA). In December 2005 the ABA placed the School of Law on probation
because of the low first-time bar passage rate of the school’s JD program graduates.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
General LL.M. for International Law
School Graduates
Temple University Beasly School of Law
Philadelphia, PA USA
Email: intllaw@temple.edu
Website: www.law.temple.edu/
LL.M. in Trial Advocacy
Temple University Beasly School of Law
Philadelphia, PA USA
Email: barbara.ashcroft@temple.edu
Website: www.law.temple.edu/law
Temple trains lawyers for twenty-first century global practice.
We provide a high-quality legal education at a reasonable
cost. Students may design an individualized curriculum
or concentrate in taxation, business or transnational law
with study options at campuses in Philadelphia, Tokyo and
Rome. Temple also offers a highly selective S.J.D. (doctoral)
degree program.
The program provides a basic understanding of the U.S.
legal system to foreign attorneys. Students may focus on a
specific area of law such as corporate, commercial, human
rights or environmental law; or they may choose an overview
in a variety of subjects.
LL.M. in Taxation; Estate Planning Certificate;
Employee Benefits Certificate
Temple University Beasly School of Law
Philadelphia, PA USA
Email: intllaw@temple.edu
Website: www.law.temple.edu/tax
LL.M. in Transnational Law
Temple University Beasly School of Law
Philadelphia, PA USA
Email: intllaw@temple.edu
Website: www.law.temple.edu/law
An LL.M. in Taxation student must complete 24 credits
of American Tax Law courses within 4 years. The 9 credit
Estate Planning Certificate teaches federal estate, gift and
generation-skipping transfers, and federal trusts and estate
income taxation. The 8 credit Employee Benefits Certificate
exposes students to the federal laws governing employee
benefit provisions. Certificates must be completed within 2
years.
The Transnational LL.M. is designed for recent law school
graduates who wish to specialize in international law, and
for established attorneys who wish to develop or expand an
international legal practice. Students may complete coursework
at any of the Temple campuses, including Philadelphia,
Tokyo and Rome.
67
LL.M. in International and Comparative Law
Penn State University Dickinson School of Law
University Park, PA USA
Email: llmadmit@psu.edu
Website: www.dsl.psu.edu
LL.M. Program for International Students
Vanderbilt University Law School
Nashville, TN USA
Email: Cynthia.coleman@law.vanderbilt.edu
Website: www.law.vanderbilt.edu/index.aspx/
The LL.M. program admits a select class of international
lawyers each year from a variety of backgrounds. LL.M.
students study together with J.D. students in a comfortable,
collegial setting and design their own course of study from
traditional courses in American law, specialized fields of
study or a unique combination of courses. Faculty members
are available to work with students, and a staff of professional
advisors provides guidance and career planning.
A one-year LL.M. program designed for graduates of
foreign law schools combines small LL.M. class size, close
interaction with faculty, and the opportunity to choose from
a course track or thesis track program and broad course curriculum
to design an individual program of study.
ILSA Quarterly » volume 16 » issue 3 » February 2008

2008 LL.M. Program Listings
United States, cont.
Foreign Scholars LL.M. Program
University of Houston Law Center
Houston, TX USA
Email: pfortner@central.uh.edu
Website: www.law.uh.edu/llm
The Foreign Scholars LL.M. program is a general course of
study in which students select coursework from all areas of
the Law Center’s strengths, including energy, environment
and natural resources, health law, international law, intellectual
property & information law and tax law. Introduction
to American Law and a legal research and writing course are
required.
LL.M. in Latin and International Law
University of Texas School of Law
Austin, TX USA
Email: llm@law.utexas.edu
Website: www.utexas.edu/law/academics/degrees/llm
The program is designed to provide both U.S. and foreign attorneys
with an increased understanding of the transnational
legal environment in the Americas and abroad. Students
typically take courses in international trade and investment,
international human rights, international environmental law,
and NAFTA.
68
U.S. Law for Foreign Lawyers
University of Texas School of Law
Austin, TX USA
Email: llm@law.utexas.edu
Website: www.utexas.edu/law/academics/degrees/llm
The program provides a basic understanding of the U.S.
legal system for foreign attorneys. Students may focus on a
specific area of law such as corporate, commercial, human
rights or environmental law, or they may choose an overview
in a variety of subjects.
LL.M. in American Legal Studies
Regent University Law School
Virginia Beach, VA USA
Email: lawschool@regent.edu; michher@regent.edu
Website: www.regent.edu/llm
Regent trains international lawyers in American law while
equipping them with the tools to effect positive change. At
Regent, law is more than a profession: it is a calling to make
a significant difference in our cities, nations and world.
LL.M. in Asian and Comparative Law
University of Washington School of Law
Seattle, WA USA
Email: gradlaw@u.washington.edu
Website: www.law.washington.edu/asianlaw
The Asian and Comparative Law LL.M. program provides
advanced, specialist courses for lawyers and policy makers
who are pursuing careers in Asian, international commercial
or development law. The program focuses on global
and cross-jurisdictional issues in international governance,
institution-building, regulation, commercial transactions and
stainability.
ILSA Quarterly » volume 16 » issue 3 » February 2008

71
www.indylaw.indiana.edu/llm
Contact: (317) 278-4736 or LLMprgms@iupui.edu

American University
Summer Sessions in D.C.
Gain critical skills and expert techniques from leading practitioners.
LEGAL ENGLISH
May 19–22 and July 28–August 14
Designed to introduce foreign practitioners and incoming
LL.M. students to legal English concepts, speaking and
writing through daily lectures, written assignments, in-class
exercises, contract negotiations and a moot court exercise.
ENVIRONMENTAL LAW
May 27–June 13
Providing intensive environmental training with seven
course offerings, including: International Business and the
Environment; Environmental Law and the U.S. Congress;
and Climate Change Litigation.
INTERNATIONAL ARBITRATION
May 27–June 13
Learn the nuts and bolts of international commercial
arbitration. Course topics include investor-state arbitration,
choice-of-law issues, and how to conduct an arbitration
hearing using a mock case.
HEALTH LAW AND POLICY
June 16–20
Offering a broad range of custom-developed courses to
provide J.D. and LL.M. students and practitioners with an
opportunity for intensive training in various aspects of
health law and policy over a one-week period.
www.wcl.american.edu/go/summer
For more information contact:
EO/AA University and Employer

Washington College of Law
Summer Sessions Abroad
Learn from leading faculty and seasoned practitioners.
EUROPE
May 25–June 21
Explore Europe through lectures, site visits, and briefings
at prestigious institutions. Courses on Int’l Economic
Law, Int’l Human Rights Law, and Int’l Environmental
Law. Co-sponsored with the Center for Int’l Environmental
Law, Geneva.
CHILE
May 25–June 25
Study in Santiago and neighboring Buenos Aires. Courses on
Trade and Investment in Latin America and Comparative
Legal Perspectives on Social Problems. Co-sponsored with the
law schools of the University of Chile, University Diego Portales
and University of Buenos Aires.
TURKEY
May 25–June 21
Study in Istanbul at the crossroads of civilization with
weekend excursions to Ankara and Ephesus. Courses on
Int’l Legal Perspectives on the Rule of Law, Human Rights
& Current Issues in the Region and Legal Perspectives
on Business & Investment in Turkey. Co-sponsored with
Yeditepe University, Istanbul.
THE HAGUE
June 1–June 30
Explore cutting-edge issues of international law, including site
visits to the International Court of Justice, International
Criminal Court and more. Courses on Int’l Criminal Law and
Int’l Legal Approaches to Terrorism with guest lectures by leading
practitioners. Co-sponsored with the T.M.C. Asser Institute.
All study abroad programs are 6-credit courses and are ABA approved.
www.wcl.american.edu/go/studyabroad
summer@wcl.american.edu

Understanding the International Court of Justice
Part III: Criticism of the Court
by Vinicius Portugal
72
The International Court of Justice was created
as part of the United Nations machinery
after World War II in order to give
countries a diplomatic means to settle disputes.
As the main judicial organ of the UN, many
thought the ICJ would be a “Supreme Court of
all Nations.” However, for better or for worse,
this is not the role the Court has assumed. The
Court does not operate as part of a larger legal
machine; as such, its decisions have remarkably
little legal force in other international tribunals.
Moreover, a state does not have to consent to
the Court’s jurisdiction, even if that state ratified
the ICJ statute. And history has shown that the
Court is unable to assure that countries follow
the decision ultimately handed down. These and
other percieved shortcomings have led many to
criticize the Court, and this criticism often overshadows
the successes of the ICJ.
First, the ICJ is often criticized for maintaining
a close relationship to the legislative branch of
the United Nations, the highly-politicized General
Assembly (GA). It is well-settled that to
maintain judicial credibility, courts must be independently
organized and maintained, separate
from the legislative and executive branches of
the government. However, the UN system does
not reflect this democratic division of power. The
lack of division between the ICJ and the General
Assembly is exemplified by the advisory
function of the ICJ, through which the GA may
request an advisory opinion from the Court before
the it passes a resolution. Critics claim that
the ICJ’s advisory role to the GA on legislative
issues makes the ICJ a political, rather than a
judicial, entity. The ICJ itself noted that it was
aware of this danger in its 2004 advisory opinion
regarding Israel’s security barrier on Palestinian
territory. The Court said that it should avoid giving
an advisory opinion when it would be incompatible
with its judicial character. Procedurally,
whenever the ICJ receives a request for an advisory
opinion, the Court must inquire whether it
should abstain for reasons of “propriety.” Critics
have argued that in reality, this requirement has
become nothing more than “mere puffery;” in
fact, it has been said that rather than a duty to
abstain, the ICJ has created a duty to “cooperate
at all costs with the General Assembly.” They
note that the ICJ has never abstained from issuing
an advisory opinion, and—in the advisory
opinions issued—the Court seems to “rubber
stamp” the General Assembly’s position every
time. Consequently, critics say, this advisory
function has blurred the line between the politics
of the General Assembly and the role of the
ICJ as an independent legal entity.
Critics of the Court also condemn the lack of an
official doctrine of stare decisis, a process by
which courts are bound by their prior decisions.
They argue that operating without such a doctrine
not only decreases the Court’s legitimacy,
but also diminishes the power and authority of
its decisions. ICJ decisions are not given equal
status with customary international law, the
customs and practices which so pervade the actions
of all nations that they become binding as
international law. Since judicial decisions by the
ICJ do not carry the same weight as customary
international law, the Court itself — by not
implementing stare decisis — does not treat its
decisions with the same deference. In fact, ICJ
precedent is the last source of law considered
by the Court in its opinions. Critics state that the
Court must in future cases apply the decisions
it has promulgated. States generally follow the
same practice as the ICJ in analyzing a case:
they turn to covenants or treaties, customary
ILSA Quarterly » volume 16 » issue 3 » February 2008

Understanding Law the 2nd ICJ LLM ELSA ad:Layout 1 1/18/08 3:54 PM Page 1
international law, general principles of civilized
law, turning to the persuasive authority of ICJ
decisions last. Some states have attempted to
elevate ICJ decisions to the level of customary
international law by labeling the Court as binding
authority; the ICJ has responded by acknowledging
that its past decisions are an important
consideration in interpreting international law,
but reminding states that the Court is not legally
bound by its precedent. According to critics, as
long as the Court continues to advise against
the precedential value of its decisions, its credibility
will continue to wane.
A final criticism of the ICJ stems from the fact
that individuals cannot participate in its proceedings.
Only states that are party to the ICJ
statute may participate in Court proceedings,
as states are all sovereign equals before the
Court. According to Article 35(2) of the ICJ Statute,
equality between state parties is one of the
fundamental principles of the Court system and
necessary for the “good administration of justice.”
But, many argue, individuals too should at
time be granted standing to bring a case before
the Court. The Court does have a mechanism to
allow individual grievances to be heard; under
Court rules a state may exercise “diplomatic
protection” by bringing the case of an individual
before the ICJ. However, if a state is unwilling
to bring suit on behalf on an individual, justice
may be denied. Moreover, critics rightly point
out that such cases do not amount to a true
representation of the individual, because a state
must act in its own best interests which are not
necessarily aligned with those of the individual.
In the end, these critics believe that for the ICJ
to be viewed as a legitimate “World Court,” the
ICJ Statute must be amended to allow individuals
to bring suit against state parties.
Despite these criticisms, the ICJ continues
.
to
be the most important international court in the
world. Addressing these perceived flaws will only
raise its prominence on the world stage.
Loyola University New Orleans
College of Law
LL.M. Program for International Students
We are uniquely situated to initiate
two LL.M. programs: an LL.M.
in United States Law (primarily
for lawyers from Civil Law countries)
and an LL.M. in United
States Law and Civil Code
Studies (for lawyers from
Common Law countries who
want training in U.S. law and some
exposure to Civil Law concepts).
Attaining an LL.M. from Loyola
will open new career options for
you in the growing global economy,
and it is flexible enough for a variety
of interests.
The program is fully integrated with
the existing J.D. program, allowing
students to choose from a large number
of courses such as international
trade law, European Union law, tax,
intellectual property, human rights,
and environmental law,
among others.
For more information, contact:
Judy Corcoran
International Programs
Phone: 504-861-5563
Fax: 504-861-5480
corcoran@loyno.edu
73
ILSA Quarterly » volume 16 » issue 3 » February 2008

Implications of NAFTA on the U.S. - Mexican Border
Part III: Reconciling Free Trade and Environmental Policy
by Monica Sherman
74
The drafters of the North American Free
Trade Agreement had to determine how
the treaty would address the environmental
aspects of economic integration. The prospect
of free trade across the continent raised concerns
for activists, academics and non-governmental
organizations, all who urged government
officials to minimize the imapact increased trade
would have on the environment. Many believed
that the NAFTA countries of Canada, Mexico and
the United States needed to establish consistent
environmental regulations in order to assure that
the development spurred by the accord would be
environmentally sustainable. Worries circulated
that trade liberalization would transform Mexico
into a “pollution haven” by drawing industries
from countries with stringent environmental
laws to Mexico, where environmental laws remain
unenforced. Most insisted that the final
NAFTA agreement at least had to address how
the signatory states would abate the degradation
of shared water resources, increased extraction
of natural resources, and the increased addiction
to fossil fuels that was likely to result.
The U.S. Congress even expressed concerns
about the agreement, publicly wondering whether
Mexican environmental regulations would
sufficiently protect the interests of Canada and
the United States. Unexpectedly, the U.S. General
Accounting Office found that Mexico’s environmental
regulations were as stringent as U.S.
laws. However, the Office found that Mexico did
not enforce its existing standards. In response to
these concerns and to ensure the enforcement
of environmental regulations on a supranational
level, drafters incorporated environmental provisions
into NAFTA. What resulted was what many
considered a “green” agreement, after which
subsequent trade agreements have been modeled.
However, critics question whether NAFTA
and the agencies established by its provisions
adequately addressed the environmental dimension
of global trade. A look at the provisions of
NAFTA shows that while attempts were made to
temper the effect that the agreement would have
on the environment, those provisions did not go
far enough.
In December 1992, the main provisions of NAF-
TA became effective. The preamble obliged the
signatory countries to “promote sustainable development,”
to conduct affairs “in a manner consistent
with environmental protection and conservation,”
and to “strengthen the development
and enforcement of environmental laws and regulations.”
Article 1114 prohibited countries from
waiving environmental regulations in order to
procure investment, thereby alleviating concerns
that pollution havens would sprout up in Mexico.
Article 104 provided that the trade obligations set
forth in NAFTA would be trumped by the Convention
on International Trade in Endangered Species
of Wild Fauna and Flora, the Montreal Protocol
on Substances that Deplete the Ozone Layer,
and the Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and
Their Disposal and its annex should inconsistencies
between NAFTA and the listed agreements
arise.
Environmental NGOs such as the Sierra Club,
Green Peace, and Friends of the Earth urged the
three signatory states to take further steps to
protect the environment during this time of economic
change. In response, on March 17, 1993,
negotiations on an environmental side agreement
commenced. The environmental lobby pushed to
establish a supranational panel with the power to
sanction violating countries. However, many decision-makers,
including Canadian and Mexican
officials, felt that creating a body with the power
ILSA Quarterly » volume 16 » issue 3 » February 2008

Implications of NAFTA
to sanction would be going too far. Most who opposed
sanctioning powers argued that publicizing
violations of NAFTA’s environmental provisions
would be sufficient.
Negotiations concerning the environmental side
agreement were finally complete on August 13,
1993 and effectuated with NAFTA on January 1,
1994. Under the side agreement, titled the North
American Agreement for Environmental Cooperation
(NAAEC), the three signatory countries committed
themselves to reporting on the state of
the environment, improving environmental laws
and regulations, and effectively enforcing existing
environmental laws. In short, the NAAEC did not
create supranational environmental standards
but rather required the three countries to enforce
their own environmental regulations. The NAAEC
created the Commission for Environmental Cooperation
(CEC) to act as its regulating body. Any
non-governmental organization or individual citizen
may file a submission with the CEC asserting
that a party to NAFTA is failing to effectively
enforce its environmental laws. If the requisite
criteria are met and the CEC Council approves
the submission, the Council Secretariat drafts a
report that is most often made public. The goal
of the public report is to urge the violating party
to enforce its environmental standards. Although
the CEC process does not levy sanctions on violating
parties, the environmental groups did find
part of what they were hoping for -- a standing
body that would bring environmental violations to
the public’s attention.
Also created under the auspices of NAFTA were
the North American Development Bank (NADB)
and the Border Environment Cooperation Commission
(BECC). The two interdependent, bi-national
organizations partner with sponsors and
communities to help create safe, healthy and
clean environments for border residents who are
most exposed to the environmental consequences
of the trade agreement. The BECC provides
environmental, technical and financial know-how
to improve environmental infrastructure along
the border, but it does not develop or manage its
projects. The BECC is governed by a Board of Directors
that is mostly comprised of government
officials and individuals from the border region
of Mexico and the United States. The NADB is
responsible for financing and managing the longterm
oversight of projects that are certified by the
BECC. These projects include wastewater treatment
and hazardous waste management. The
NABD is operated and funded by the U.S. and
Mexican governments, and supplemented by
grants and private investments.
Together these organizations have been credited
for improving the conditions of economically disadvantaged
communities along the U.S. – Mexico
border. For example, the NADB funded a $25.8
million water treatment facility in Brawley, California,
which brought that city into compliance with
water quality standards. The NABD and BECC
also devised and funded the $99.6 million South
Bay Reclamation Plant in San Diego, California.
This facility will treat wastewater for reuse in irrigation,
thus allowing communities to reduce both
the amount of wastewater discharged and the
amount of water used for irrigation from primary
water sources. However, the sister organizations
have had their share of criticism. Some believe
that the organizations are unable to provide technically
and financially sustainable projects, and
that they have been too slow to either finance or
certify projects.
Despite the attempts of the NADB, BECC and
CEC to protect the environment during a time of
increased trade across the continent, noncompliance
with environmental laws continue. One
example is the case of Metales y Derivados, a
citizen submission made to the CEC. The San
Diego-based Environmental Health Coalition filed
a complaint with the CEC in 1998 regarding tons
of abandoned toxic waste at the Metales y Derivados
lead smelting plant in Tijuana, Mexico.
75
ILSA Quarterly » volume 16 » issue 3 » February 2008

Implications of NAFTA
Abbreviated Summary of Actions by Mexican Authorities
with Respect to Metales y Derivados
Act of Authority
Date
Description of Violations
Inspection visit to
Alamar Creek
18 September and
21 October 1987
Slag deposits found on the bed of Alamar Creek and near the
drinking water wells used by the residents of Ejido Chilpancingo.
Inspection visit
28 June and
19 July 1989
Lack of air emission control systems and acid spill prevention
facilities; unsound hazardous waste management; bulk waste
stored in twenty 200-litre containers that were inadequately
managed and disposed of.
Inspection visit
5 March and
12 April 1991
Company not registered as a hazardous waste generator; storage
of hazardous waste without control or protection, no storage
facility; discharge of wastewater on bare ground without
treatment or control; no registration of wastewater discharges;
fugitive dust emissions; no emissions inventory.
76
Inspection visit
22-23 February 1993
Runoff of acids containing lead salts; failure to pack, label and
provide proper final disposal for hazardous waste (HW); failure to
return HW generated under the maquiladora regime to country of
origin; retaining wall for HW in dilapidated condition; failure to
report HW spills and discharges.
Criminal Charges
5 May 1993
Alleged environmental crimes relating to high-risk activities,
hazardous waste and materials, and air emissions causing severe
harm to public health.
Total Permanent
Shutdown
28 March 1994
Serious recurrent environmental offenses, particularly regarding
hazardous waste, with imminent risk of ecological imbalance
or dangerous repercussions on ecosystems, their components,
or public health
Seizure of Building
18 January 1995
Not Applicable
Site Characterization
December 1999
Total contaminated material approximately 8,595 tons.
Site is totally abandoned and contaminated material exposed
to dispersion by wind.
ILSA Quarterly » volume 16 » issue 3 » February 2008

Implications of NAFTA
Sanctions Imposed on Metales y Derivados
The companies in that sector were ordered to suspend
dumping immediately and clean up the lead waste from
the stream bed and transport it to an industrial landfill.
Temporary shutdown until air emissions under control.
Urgent corrective measures and technical measures: make
battery cutting area adequate; proper storage of industrial
waste; air emissions control.
Injunction: temporary shutdown of the following processes
- battery cutting, dumping of lead slag on ground.
Urgent Measures: demonstrate commencement of plan
to return waste to country of origin and restore areas
contaminated with solid and liquid waste.
No action until May 1993. On 6 May 1993, the company
was fined and partial payments were made. It is not clear
if the fine was ever paid in full. An order was also entered
demanding that the company make final disposal of
all hazardous waste; a deadline for compliance was
set but ignored.
An arrest warrant was issued 25 September 1995
against Jose Kahn Block and Ana Luisa de la Torre
Hernandez de Khan.
Total permanent shutdown.
The Attorney General of Mexico decreed that the
building be seized in view of the preliminary investigation
undertaken in 1994, deeming the removal of hazardous
materials and the covering of the hazardous materials
found. No record of this seizure was found or provided
to the CEC when asked.
Recommended measures: (1) keep piles of contaminated
materials covered to avoid dispersion and reduce the risk
of intoxication of persons living and working near the site;
(2) secure and close off area to prevent access and prevent
dispersal of contaminated dust; (3) initiate restoration
actions immediately.
According to the findings of the CEC, the lead
pollution in surface soil at the site was 551 times
higher than U.S. EPA limits for contaminated
residential soil. (See chart, left, for additional violations
of the company). The plant is located only
600 yards away from Colonia Chilpancingo, an
underprivileged neighborhood where over 1,000
people were living. The owner of the plant began
dumping toxic waste on site in the 1980’s rather
than returning the waste to its country of origin,
the United States, as was required by Mexican
law. When the Mexican government discovered
the company was not complying with this law, it
forced the company to close. The company abandoned
the factory and its uncontrolled waste
polluted the community. After four years of deliberation,
the CEC issued a report stating that
over 6,000 tons of battery acid, lead, arsenic and
other toxic substances at the Metales site potentially
posed a “grave harm to human health” and
recommended that action be taken. However,
the report was limited to the factual record and
did not provide any specific guidance, such as a
cleanup timetable or other recommendations.
Despite the issuance of this report, the community
did not see significant cleanup efforts until
2004, and were left with little recourse after over
a decade of living in horrific conditions.
Results such as these leave communities and
environmental experts calling for a more urgent
and serious response to such violations. Despite
those calls, changes to the NAFTA agreement
are not imminent. But, other countries can learn
from the lessons at the U.S.–Mexico border before
modeling any future trade agreement after
NAFTA. While NAFTA may have pioneered the
movement to integrate multinational trade and
environmental policy, time and cases such as
Metales y Derivados show that the accord is still
lacking, and that improvements to its environmental
protections are needed..
77
ILSA Quarterly » volume 16 » issue 3 » February 2008

Court Watch
Tracking Current Developments in International Law
78
Federal Court of Canada Rules U.S. is Not a
Safe Country for Refugees Seeking Asylum in
North America
Canadian Council for Refugees v. The Queen
(November 29, 2007)
On November 29, 2007, the Canadian-U.S. Safe
Third Country Agreement (STCA) was struck
down by the Canadian Federal Court. The U.S.
and Canada devised the STCA in December 2004
as part of the Smart Border Declaration: Building
a Smart Border for the 21st Century on the Foundation
of a North American Zone of Confidence
(Smart Border). The STCA requires that refugees
apply for asylum in the country where they first
arrive (United States or Canada), and cannot seek
asylum in another country thereafter. The Agreement
is based on the understanding that Canada
and the United States both review asylum claims
in accordance with the dictates of international
law, but as the Canadian Federal Court found
in this case, the U.S. does not uphold its treaty
obligations. The Court found that the U.S. does
not meet the international standards laid out in
Article 3 of the Convention Against Torture (Torture
Convention) and Article 33 of the Convention
Relating to the Status of Refugees (Refugee Convention).
The Court concluded that the Canadian
Governor in Council (GIC) who negotiated the
Agreement erred in his assessment of U.S. policy
and should not have agreed to enter into the
STCA. Furthermore, the Court found that the GIC
did not conduct mandatory continuing review of
the U.S. treatment of refugee claims, a required
STCA provision.
This case was instituted by public interest organizations
on behalf of John Doe, an asylum-seeker
from Colombia currently residing in the United
States. Doe was denied asylum in the U.S. for
failing to file an asylum claim within one year of
his entry. He went into hiding and feared crossing
into Canada because of the risk of being sent back
to the U.S. and eventually deported to Colombia.
The Applicants sought an injunction against the
Canadian government to prevent enforcement of
the STCA should Doe attempt to enter Canada. In
addition, the Applicants requested the Court consider
the GIC’s decision to enter into the STCA as
an action in excess of the power granted the GIC
by Parliament (ultra vires).
After careful review of relevant case law and
expert testimony in the case record, the Court
found U.S. refugee applicants are subjected to
an increased risk of being returned to a country
where they could be tortured or persecuted, a
process known as refoulement. This was a significant
finding because Canada’s Immigration and
Refugee Protection Act (IRPA) gives the GIC the
discretion to enter into the STCA only after specific
findings are made; fundamentally, that the
U.S. was in compliance with the Refugee Convention
and the Torture Convention. The Court
found numerous flaws in the GIC’s interpretation
of U.S. policy and case law prior to the signing of
the STCA. It also noted the GIC’s failure to implement
the continuing review process required under
STCA regulations.
In the U.S., asylum claims are filed through the
Department of Homeland Security (DHS). To prevail
in a DHS asylum claim, the applicant need
only establish a reasonable possibility of persecution.
If the claim is denied, the deportation process
begins, but applicants can have their cases
reviewed by the Department of Justice (DOJ).
An applicant can succeed in this secondary review
only by providing evidence that refoulement
will more likely than not result in persecution or
ILSA Quarterly » volume 16 » issue 3 » February 2008

Court Watch
torture as defined by the Torture Convention.
If for any reason the applicant does not seek refugee
status within one year of his arriving in the
U.S., the DHS automatically bars his claim, and
removal proceedings begin. The applicant is then
forced to litigate his case before the DOJ, against
a higher burden of proof. The Court in this case
determined that the one-year absolute time bar
to asylum claims created a higher rate of refoulement,
especially for claims that are based on persecution
because of gender, sexual orientation, or
health status such as HIV.
In the U.S., a refugee that poses a danger to the
community or a risk to national security may be
denied asylum. While this is permitted under
international and Canadian law, the US application
of this rule carries a standard of “probable
cause” which is much lower than the “reasonable
grounds” standard in Canada.
The Court also found that the United States deviated
from the law in another significant way. The
USA PATRIOT Act expanded the definition of terrorist
activities by broadening the scope of the definition
of “material support” to include transferring
funds or other financial benefit even if the acts
were committed without the party’s knowledge
of supporting terrorism. Furthermore, this “material
support test” has been interpreted to preclude
a defense of duress or coercion. Under this test,
“child soldiers, those forced (often at gunpoint)
to support terrorist groups, and those coerced to
pay revolutionary taxes” are considered terrorists
and subject to refoulement to torture. The Court
found this practice to be a significant departure
from both international and Canadian law.
Another exception to asylum is when the applicant
has been convicted of a crime in his or her
country of origin. DHS policy is to automatically
reject an applicant who has committed aggravated
felonies, which typically carry a penalty of more
than five years. In Canada, criminals are examined
on a case-by-case basis. While the application of
the criminal exemption to asylum in the U.S. may
carry a greater possibility of refoulement than
Canada, the court found no conclusive evidence
that this has occurred.
The Court disagreed with the Applicant’s contention
that U.S. detention policies and guaranteed
rights to council do not comport with international
law. The Applicant pointed to the inconsistent
treatment of U.S. detainees of Arab descent or
Muslim faith. While the Court agreed that litigating
a case from jail is troublesome, there are not
a significant number of cases that demonstrate
a divergence from international law according to
STCA standards.
The Applicants’ foremost example of improper
U.S. refoulement that resulted in torture was the
case of Maher Arar. Maher Arar is a Syrian living
in Canada. He has dual Canadian-Syrian citizenship.
Arar was detained during a layover at John F.
Kennedy International Airport in New York City in
September 2002. He was held in solitary confinement
in the U.S. for nearly two weeks; he was
questioned and denied meaningful access to a
legal assistance. The U.S. government justified its
actions by accusing him of ties to Al Qaeda. The
U.S. eventually deported Arar to his native Syria,
even though the Syrian government is widely believed
to torture its suspects. Arar was detained
in Syria for almost a year, and according to the
findings of a Canadian Commission, he was routinely
tortured during this time until his release to
Canada in October 2003.
There were many deficient areas of U.S. law and
policy that led the Court to conclude that the GIC
should have known that the U.S. did not comply
with the Refugee Convention or Torture Convention.
Therefore, the Court found that the GIC had
ample evidence to determine the U.S. was not a
safe country and the STCA should not have been
signed. Moreover, the Court found no reason why
the GIC never implemented the continuing review
system according to STCA regulations. While the
79
ILSA Quarterly » volume 16 » issue 3 » February 2008

Court Watch
80
decisions of the GIC were the main focus of the
Court’s review, numerous U.S. violations of international
law were addressed in this opinion. One
wonders what effect this information will have on
the United States and its credibility on the international
stage.
Submitted by John Blatt
ICJ Asserts Jurisdiction Over Territorial and
Maritime Dispute Between Colombia and
Nicaragua
Nicaragua v. Colombia; Preliminary Objections
(December 13, 2007)
On December 13, 2007, the International Court of
Justice (ICJ) ruled on two preliminary objections
raised by the government of the Republic of Colombia
in the pending case between it and the
Republic of Nicaragua. Colombia objected to the
Court’s exercise of jurisdiction over the matter, but
the Court ultimately disagreed and determined
that it will decide the case on its merits.
The central issue in the case between Colombia
and Nicaragua is whether Nicaragua rightly asserted
sovereign control over several Caribbean islands
and fishing waters in the Caribbean Sea. In 1928,
Nicaragua and Colombia entered into the Barcenas-Esguerra
Treaty (1928 Treaty) which gave Colombia
sovereignty over the now-disputed islands
and delimitated the sovereign territory of both
countries in the Caribbean Sea. Two years later, a
Protocol of Exchange of Ratification (1930 Protocol)
was entered into by Nicaragua and Colombia.
The Protocol confirmed that Colombia controlled
the San Andres and Providencia Archipelagos extending
to, but not west of, the 82 nd longitude line.
In 1969, Nicaragua sold oil exploration rights to the
continental shelf below the San Andres Archipelago,
east of the 82 nd meridian. Colombia saw this
move as a clear violation of the 1928 Treaty and
1930 Protocol. Nicaragua, in defense of its actions,
claimed the agreements did not identify the 82 nd
meridian as a maritime boundary and said that the
agreements could not determine the reach of continental
shelves or the expanse of the countries’
exclusive economic zones, as these territorial concepts
were not recognized by international law at
the time the agreements were ratified. Years of
negotiations followed.
When negotiations stalled in 2001, Nicaragua
brought suit against Colombia in the International
Court of Justice. Nicaragua claimed that the islands
are east of the 82 nd meridian and should,
according to the 1930 Protocol, fall within its sovereign
control. It also claimed that the 1928 Treaty
and the 1930 Protocol do not resolve ownership
over several other Caribbean islands that were
now claimed by both states, and a judicial decree
is needed to determine control over this land.
Last, Nicaragua said that even if the 1928 Treaty
and 1930 Protocol did determine to which state
the islands belonged, those agreements were annulled
by the Sandinista government two decades
ago and therefore no longer controlling. Nicaragua
based the jurisdiction of the Court on Article XXXI
of the Pact of Bogota, (Pact), a treaty to which
both states are signatories, and also on the submission
of both states to the Court’s jurisdiction
through optional clause declarations (Article 36(2)
of the ICJ Statute).
Before responding to the merits of Nicaragua’s
case, Colombia made two jurisdictional objections;
it claimed that the ICJ lacked jurisdiction in this
case because (1) the matter is settled by the 1928
Treaty and the 1930 Protocol, and (2) Colombia
withdrew its optional clause declaration before Nicaragua
filed the pending case. To support its first
objection, Colombia turned to the Pact of Bogota,
the very agreement which Nicaragua invoked as
the bases of the Court’s jurisdiction. The Pact imposes
upon states an obligation to settle disputes
peacefully through local means before placing
matters before the ICJ. Colombia and Nicaragua
had agreed in Article VI of the Pact that the ICJ
cannot hear cases pertaining to “matters already
ILSA Quarterly » volume 16 » issue 3 » February 2008

Court Watch
settled by arrangement between the Parties.” Article
XXXIV states that, “if the Court… declares
itself to be without jurisdiction to hear the controversy,
such controversy shall be declared ended.”
According to Colombia, the 1928 Treaty and 1930
Protocol gave it sovereignty over the islands, making
the matter settled, not in dispute. Because the
matter is settled, Colombia’s argument continued,
Article VI and Article XXXIV of the Pact demand
that the Court reject Nicaragua’s case.
After reviewing the Pact, the Court agreed with
Colombia and declined to exercise jurisdiction
over Nicaragua’s claim to the islands named in
the 1928 Treaty and 1930 Protocol. But the Court
found that those agreements did not determine
ownership of all of Caribbean archipelagos now in
dispute, and did not delimit a maritime boundary
between the two nations. Because these issues
are not “settled” and pursuant to Article XXXI of
the Pact, the Court held that it had jurisdiction to
make a definitive ruling.
The Court then considered and rejected Colombia’s
second jurisdictional objection. As stated
above, Colombia claimed that the Court lacked jurisdiction
because Colombia withdrew its optional
clause declaration before Nicaragua filed the
pending case. Ipso facto, the Court does not have
jurisdiction. The Court found that there was no
practical purpose in examining Colombia’s second
preliminary objection because the Court already
held that it had jurisdiction under the Pact, and did
not need to prove that it had a second, independent
bases on which to hear the case.
81
As this case continues, the Court will decide
whether the Nicaraguan government can properly
assert sovereignty over the disputed archipelagos
and their surrounding territorial seas. Because the
control of natural resources under the islands is
tangentially at issue, the outcome of this case is
highly anticipated and sure to be controversial.
Submitted by John Blatt
ILSA Quarterly » volume 16 » issue 3 » February 2008

Court Watch
82
European Court of Human Rights Rules Against
France in Lesbian Adoption Case
Case of E.B. v. France, (January 22, 2008)
On January 22, 2008, the European Court of Human
Rights held that France violated the rights of
a homosexual woman by denying her application
to adopt a child based on her sexual orientation.
This case is an example of how the predominant
consideration of a child’s best interests can often
act as a guise for discriminatory behavior.
E.B., a 45 year-old French nursery school teacher,
applied in 1998 to the Jura Social Services Department,
a government department, for authorization
to adopt a child. In her application, E.B.
stated that she was in a committed same-sex
relationship. During the review process, the Jura
Adoption Board acknowledged E.B’s successes
as a nursery teacher and other positive personal
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attributes which would make her a fit parent, yet
recommended that her application for adoption
be rejected. There were two main reasons the
Jura gave for the denial: the absence of a paternal
figure in the child’s life and the ambiguity of her
partner’s commitment to the adoption.
E.B. appealed the Jura’s denial of her application
to the Besancon Administrative Court, claiming
that her rights under Article 8 and Article 14 of the
Convention for the Protection of Human Rights
and Fundamental Freedoms (“Convention”) had
been violated. Article 8 protects the individual’s
right to privacy in familial matters and personal relationships,
and Article 14 prohibits discrimination
on such bases as race, sex, and religion while not
specifically prohibiting discrimination on the basis
of sexual orientation. E.B. contended that her
sexual orientation was part of her “private life”
and that an application for adoption was part of
her “family life” and thus protected by Article 8.
The court held in E.B.’s favor and set aside the
Jura’s decision refusing E.B.’s application, noting
E.B.’s positive traits which make her a suitable
parent. This decision was overturned by the Nancy
Administrative Court of Appeal. The Appeals
Court held that the Jura’s refusal to grant E.B.’s
application for adoption was not based on her lifestyle
choice and therefore Jura had not violated
Article 8 or Article 14 of the Convention.
On a second appeal, the Conseil d’Etat (France’s
Supreme Court for Administrative Justice) affirmed
the Nancy Administrative Court’s ruling
that the rejection of her application was not due
to her sexual orientation but was based on what
would be in the best interests of the adopted
child.
In 2002, E.B. brought her case to the European
Court of Human Rights. Before the Grand Chamber
of the Court, E.B. again alleged that the
French government violated Article 8 and Article
14 of the Convention when it refused to grant her
authorization to adopt. The Jura argued that E.B.’s
ILSA Quarterly » volume 16 » issue 3 » February 2008

Court Watch
application to the Court was beyond the scope of
Articles 8 and 14 of the Convention because its
rejection of her application was not based on her
sexual orientation.
The Court disagreed with the government and
held that E.B. had been discriminated against
because of her homosexuality. It found that Article
14, in conjunction with Article 8, was applicable
in this case. The Court reasoned that Article
8 obligates the state to respect the private life
of its citizens--which includes a person’s sexual
orientation--and thus applies. In addition, French
law expressly grants single persons like E.B. the
right to seek authorization to adopt. This, said
the Court, was a permissible expansion of Article
8 by France, as Convention Article 53 allows
states to expand the rights of its citizens beyond
those rights guaranteed by the Convention. The
expanded rights are protected by the Convention
just as enumerated rights are, and therefore
France cannot, in the application of that right,
take discriminatory measures within the meaning
of Article 14. The ECHR noted that Article 14
reaches beyond those immutable characteristics
which are explicitly mentioned in the Convention
and prevents other forms of discrimination.
The Court found the reasons given by the Jura for
declining E.B.’s application—the attitude of E.B.’s
partner along with the lack of a paternal figure for
the child—to both explicitly and implicitly suggest
that her sexuality affected her fitness to be a
parent, and that the government’s determination
had been greatly influenced by E.B.’s sexual orientation.
Having found that E.B. had been treated
differently by the government because of her homosexuality,
the Court considered whether the
justification the Jura gave for its treatment of
E.B. was acceptable. A difference in treatment
is discriminatory in violation of Article 14 unless
the government can provide a well-founded and
compelling reason for this result. The Court found
that the Jura had not offered, and could not offer,
such a reason. Neither the apathy of E.B.’s partner
nor the lack of a paternal figure in the adopted
child’s life was a legitimate basis on which to
deny her application for adoption. Under French
law a single person may adopt a child; therefore
the commitment of a life partner to the adoption
or the presence of a other parental figure is not
required.
Ultimately, the court determined that Article 14
in conjunction with Article 8 had been violated
and that E.B.’s application for adoption must be
admissible. The court also awarded E.B. € 10,000
in damages.
The decision in this case was not unanimous.
The dissenting judges disagreed with the majority’s
decision because they believed that the second
reason given by the Jura for denying E.B.’s
application—that her partner was not supportive
of the adoption—was a valid, non-discriminatory
reason to reject an adoption application. While
the dissent did concur that a person seeking to
adopt cannot be denied the chance to adopt on
the basis of sexual orientation, it also believed
that E.B.’s homosexuality was not the decisive
factor on which the Jura based its decision. One
dissenting judge argued that adoption is not a
legal right protected by Articles 8 and 14 of the
Convention, but merely a privilege. Therefore, any
factor of a prospective parent’s life may be rightly
considered when the government determines
whether adoption by that person is in the best
interests of the child. This view, however, was not
supported by a majority of the bench.
The French Association of Gay and Lesbian Parents
deemed the Court’s decision a “moral victory,”
one which it hopes will force France to adjust
its stance on adoption by single homosexuals
and same-sex couples. Currently, nine European
countries have enacted domestic laws explicitly
allowing homosexuals to adopt children. This decision
could be the galvanizing factor that directs
France to becoming the tenth.
Submitted by Alexandra Geiger
83
ILSA Quarterly » volume 16 » issue 3 » February 2008

Contributors
Roberta Cohen is a guest
Jessica Carvalho Morris is the
Vinicius Portugal is in his
scholar at the Brookings
Director of International and
second year at the University
Institution and serves as
Foreign Graduate Programs at
of Richmond School of Law in
co-director of its Project on
the University of Miami School
Richmond, Virginia, and serves
Internal Displacement. She
of Law. She also co-chairs the
as a Senior Associate of the
has worked as a consultant
Civil Rights Committee of the
Richmond Journal of Global
to governments, international
Florida Bar and is a member of
Law and Business. Vinicius also
organizations and NGOs on
the board for the Florida Inter-
serves as the Vice President of
human rights, humanitarian
national University Women’s
Richmond’s ILSA Chapter.
and refugee issues, and is a
Center Advisory Council. Jes-
former deputy assistant secretary
of state for human rights
and senior adviser to the U.S.
Delegation to the UN.
sica holds law degrees from
the Federal University of Rio
Grande do Norte in Brazil and
the University of Miami School
of Law.
Jennifer Love Stringfellow is
a second-year law student at
Northeastern University School
of Law. She holds a bachelor’s
degree in international relations
Haider Ala Hamoudi is a
from New York University, and
84
professor at the University of
Pittsburgh School of Law. He
Melina Neely is a first-year law
student at Northeastern Uni-
has spent time in Europe studying
international law. Jennifer
has served as a legal advisor
versity School of Law in Bos-
has published several articles
to the Iraqi government and
ton, MA. She is interested in
dealing with international law
today continues to work with
international law and policies,
and politics, including her hon-
the Iraqi Government, primar-
specifically those centered on
ors thesis on the effectiveness
ily through the Iraq Mission at
Africa. She is a member of the
of international intervention.
the United Nations. Professor
Northeastern ILS.
Hamoudi’s scholarship focuses
on commercial law, Islamic
law, and the intersection of the
two in the contemporary era.
Bonnie Simran Bhatia is a
second-year law student at
DePaul University College of
Monica Sherman is a secondyear
law student at California
Western School of Law. She is
a member of ILSA and works
Law in Chicago, Illinois, and
for Proyecto ACCESO, a non-
John Blatt is a second-year
frequently serves as a Hindi-
profit rule of law organization
law student at John Marshall
to-English translator. She has
based out of her law school.
Law School in Chicago, Illinois,
also been actively involved
and is a member of the John
Marshall ILS. He received a
bachelors of science degree
in economics from DePaul
University.
with the National Immigrant
Justice Center, and DePaul’s
Public Service and Asylum-
Immigration clinics. Simran is a
member of the DePaul ILS.
Alexandra Geiger is a firstyear
student at Northeastern
University School of Law in
Boston, Massachusetts.
ILSA Quarterly » volume 16 » issue 3 » February 2008

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