With increasing globalization distinctions between the domestic and the international fade. Numerous regulatory decisions, once decided domestically, are influenced, even shaped, by international institutions and international law. These processes also impact Israel and the entire Middle East region. Israel is particularly exposed to the forces of globalization being open to international trade and subject to scrutiny by external actors for its policies. Israel is also a major contributor to the evolution of international law mainly through the sophisticated and groundbreaking decisions of the Israeli Supreme Court that resonate throughout the world and command attention and respect. Israeli scholarship on international law stands at the cutting edge of the study of international law and is widely respected.
The goal of the Global Governance and Human Rights Track is to provide students with tools that will enable them to identify and explore the emerging global regulatory regimes in the fields of human rights and humanitarian law, environmental and cultural heritage protection, trade and investment regulation, and other fields, and to assess the normative challenges that these regime pose to our democratic sensibilities and reflect on the possibilities for shaping these global institutions and their policies through accountability requirements of transparency, participation, reason-giving, liability, and judicial review. The track is therefore attractive not only to students interested in international law but also to those whose passion is constitutional law and administrative law and wish to gain tools to address problems of public law and policy in an era of global interdependency.
The Faculty of Law at the Tel Aviv University has strong reputation in these fields of law. In addition to our professors who teach international law, many in our Faculty are committed to exploring law from a transnational perspective: traditional subjects such as constitutional law, administrative law, criminal law, labor law, tax law, environmental law, are taught with an eye to the global legal aspects. This breath of research is reflected in the wide selection of courses offered to the students taking this track. In addition to the year-long seminar Obligation of States to Foreign Stakeholders with Professor Benvenisti, and the International Law Workshop in the Spring Semester, students could choose among courses focusing on constitutional and human rights (Professors Bilsky, Dyzenhaus, Eltis, Lustig, Perelman, Pfander, Schragger and Goluboff), international humanitarian law (Professors Benvenisti, Shraga, Stone), international environmental law (Professor Bodansky) refugee law (Professor Aiken), the global monetary architecture (Professor Kreitner) and international tax law (Professor Margaliot).
The professors and courses refer to the 2015-2016 academic year - please be aware that courses and professors change each year.
TIME OF YEAR: YEARLONG
Seminar: Obligation of States to Foreign Stakeholders
Professor Eyal Benvenisti
Course number: 1411709601
Do states, when they exercise their domestic regulatory functions, have an obligation to take into account the interests of foreign individuals and communities who could be affected by its policies? Should national legislators and government agencies include foreign stakeholders in their decision-making processes? These are some of the key questions that the project "Sovereigns as Trustees of Humanity: The Obligations of Nations in an Era of Global Interdependence" (GlobalTrust) sets out to explore. The biweekly seminar will engage with these questions through the critical discussion of papers presented by the project participants and invited guests as well as other relevant literature. The students will be required to prepare reaction papers to some of the papers and prepare a seminar paper in collaboration with Prof. Benvenisti.
Grade: 4 Reaction Papers 10%, Final Paper 90%.
TIME OF YEAR: FALL – QUARTER 1
Course: Human Rights, Global Poverty and Development
Professor Jeremy Perelman, Sciences Po
Course number: 1411722850
This course will explore the linkages between global poverty, human rights and development from a historical, theoretical, institutional and policy-making perspective. Its departure point is the emergence of a "human rights and development" trend over the last two decades, both in academia and policy, partly as a result of the combined failure of development economics and the human rights movement to effectively address the challenge of global poverty and inequality.
A number of questions have both shaped and risen from the emergence of this field: is development too often conducive to human rights violations, or is it a means to realize human rights? Does a focus on realizing human rights hinder development, or does it help generate more, and “better”, development? Is poverty a violation of human rights? Is development a human right? If so, what are the consequences of framing poverty or development in human rights terms? What are the consequences of “developmentalizing” human rights? The course will seek to answer some of these questions by offering a multidisciplinary lens to engage with the normative foundations, historical policy formations, ideological forces and institutional frameworks at play in the human rights & development field, and by introducing some of the key policy debates in the field. Drawing on these foundations, the seminar will focus on the practice of advocacy in this field, raising both practical and theoretical questions related to emerging trends of rights-based activism.
Course: International Legal Perspectives on the Israeli-Palestinian Conflict
Dr. Daphna Shraga, the UN
Course number: 1411707101
The course will examine the Israeli-Palestinian conflict in both its external and internal dimensions: the conflict between Israel and its Arab neighbors, between Israel and Palestinians of the occupied territories, and, within Israel, the status of the Arab-Israelis. In focusing on selected legal issues at the core of the conflict, this course will examine the origin and chronology of the conflict, the claims for a title to the land and their relevancy to present-day discourse; the peace agreements with Egypt and Jordan; the legal status of the West Bank and the Gaza Strip in a perspective of time, and the questions of the applicability of the laws of occupation and human rights law, the Israeli settlements and Jerusalem; the Camp David Accords, the Oslo Accords and other peace initiatives not pursued; the status of Palestine in the UN and in the region; the problem of the Palestinian refugees, its origin and scope; The Arab-Israelis and their claim to civil, economic and political equality; the road to reconciliation: transitional justice, or are Israelis and Palestinians ready for a Truth Commission?
Prerequisites: International Public Law.
Grade: Final Exam 100%, with books (Nov. 30, 2015, 9:00 AM)
Course: The Humanitarian Law of Armed Conflict
Professor Eyal Benvenisti
Course number: 1411724401
The aim of this course is to explore the potential and limits of the law governing the conduct of hostilities. We will examine the evolution of The Hague rules of land warfare, the Geneva Conventions and their Additional Protocols, their application in current conflicts, including the war on terrorism, as well as their interface with international human rights law, while focusing on specific questions such as the right to participate in hostilities, the choice of weapons, the distinctions between combatants and civilians, the treatment of detainees and prisoners of war, and belligerent occupation. We will also look at the modalities for enforcing this law and in particular assess the promise and limits of international criminal law.
Pre-requisites: International Law.
Grade: 100% Final exam, with books (Dec. 2, 2015, 9:00 AM)
Course: Transitional Justice
Professor Leora Bilsky
Course number: 1493101201
Transitional justice scholarship studies legal responses to collective violence, and asks how these responses affect collective memory and the state's liberalization. Unlike a military revolution that sustains its authority by brute force, democratic regimes are committed to the rule of law and are inclined to address the evils of the previous regime with the help of legal devices. However, the new regime's commitment to the rule of law also makes it aware of the dangers of using ex post facto laws and indulging in 'victor's justice.' At such times, the various expectations from the law—to punish the guilty, ascertain the truth about the old regime, and enhance reconciliation in society—seem to overwhelm the legal system and to push it in opposite directions. As a result, trials of transition bring to the foreground the clash between politics and justice. In this course we will focus on the two main approaches to the problem which have evolved since World War II: exemplary criminal trials (Nuremberg, Eichmann, and others) and truth commissions, and examine them from the perspective of the relationship between law and politics. We will consider the politics of domestic transitional measures as well as of international criminal trials and other transnational legal mechanisms used in political transitions.
Grade: Each student is required to write 4 one-page response papers. These papers will not be graded, but are required in order to pass the class + 100% Final exam (Dec. 4, 2015, 8:30 AM)
Course: Coursera: Economic Growth and Distributive Justice
Professor Yoram Margaliot
Course number: 1882140101
Students of the faculty will be offered, at the beginning of the first semester, an online course under the platform of Coursera, which was developed by Stanford University professors. As of now, over 110 leading universities worldwide offer courses in Coursera. Tens of thousands of students all around the globe will take the course at the same time. Most of them, however, will not receive any credit. Some of them will receive a certificate from Coursera testifying that they finished the course successfully. Tel Aviv University students can receive 2 credits for this course, as it is considered as a third division course.
The course will seek to enrich students with basic knowledge and understanding of how the state functions in the socio-economic sphere, while presenting and analyzing those main policymaking tools that are available to it. This basic knowledge is important for every resident and especially for those with voting rights. No previous knowledge of math, economics or law is assumed.
The course will cover the tax system and how the government balances between tax collection and government expenditures, as well as explain basic terms and discussions about: social welfare (happiness), the function of social welfare, public goods, externalities, inequality, poverty, minimum sustainability, the tension between social division of goods and effectiveness (efficacy ?), minimum wages versus wage subsidies (negative income tax), GDP (gross domestic product), free trade, optimal tax models, capital gains tax, family taxation, gift taxing (philanthropy), the consequences of globalization (with an emphasis on international tax) and an attempt to predict the necessary adaptations to the future workplace (market).
The course structure-
1. Lessons Structure - 6 online lessons, 1.5 hours each, divided into short units. Once a week a new lesson will be uploaded to the course website. Additionally, a review lesson will be held in Tel Aviv University prior to the exam.
2. In-video questions will pop up during the video lessons. The questions are not part of the grading, but for the students to review how well they understood the course material. The correct answers will be revealed immediately after the student's answers.
3. Lessons Watching - Students may watch the online video lessons whenever and wherever they want (very flexible); They can do so using their computers and or smartphones, by downloading the Coursera Application. Online connection in not always necessary, since the video lesson may be downloaded to computers.
4. Online Quizzes – 2 online quizzes will be held by the end of the second and fourth lessons. Students may take the quizzes until a deadline that will be published later on. Students may take the quizzes as many times as they want in order to improve their grade. Each Quiz is worth 5% of the final grade.
5. Final Exam – the course final exam is an in-class exam that will be held in Tel-Aviv University. Students may use their notes and a calculator during the exam. The exam is worth 90% of the final grade.
6. Final Grade – Final Exam in class (90%) and 2 online quizzes (2*5% = 10%).
Grade: Quizzes 10%, Final exam (with books) 90%.
TIME OF YEAR: FALL - QUARTER 2
Course: Comparative Constitutional Rights in the Digital Age
Professor Karen Eltis, University of Ottawa
Course number: 1411722150
The digital "revolution" and advent of new technologies impact significantly on human rights and the courts' interpretation thereof. Thus for instance, the dramatically increased availability of information of all kinds and quality shapes our understanding of fundamental rights such as privacy, but also tends to change our perspective on freedom of expression, association and even socio-economic rights. What is more, the borderless nature of the Internet increasingly prompts scholars, judges and lawmakers to look outside their own legal system. Accordingly, comparative inquiry can have important practical benefits in terms of recognizing those underlying assumptions that generate conceptual obstacles to protecting human rights in the digital age and perhaps eventually formulating more coherent trans-systemic policy.
With an eye towards broader reflection on the role of comparative inquiry, the course will focus on the interplay between innovation and constitutional rights. It will seek to identify the issues that emerge from the growing use of technology transnationally, and to provide a conceptual basis for adjudicating the ongoing tension between divergent understandings of rights in a borderless digital age.
The course will engage in a thematic comparison of a number of issues critical to contemporary constitutionalism. Topics include: constitutional principles and interpretive tools; revisiting the "marketplace of ideas" model and speech regulation in the digital age; the US versus the Continental and Asia Pacific vision of privacy; the controversial European "right to be forgotten" and the impact of the Internet on democratic rights. The conceptual discussion will focus on the reciprocal relationship between constitutionalism, political culture and practical issues of policy and governance.
Grade: Final Paper 100%.
Course: Suing the State
Professor James E. Pfander, Northwestern University
Course number: 1411722950
This class will explore the evolving process of bringing suit against the state, examining the problem from both a comparative and historical perspective. We will consider state suability in three regimes: unitary governments (such as England and Israel), federal governments (such as the United States and Canada) and under international treaties (such as the European Union and the European Convention on Human Rights).
Grade: 24 Hrs. Take Home Exam (Jan 7, 2016)
Course: Advanced Topics in U.S. Constitutional Law: Race and Religion
Professor Richard C. Schragger and Professor Risa L. Goluboff, University of Virginia
Course number: 1411723050
This course will explore two topics in U.S. constitutional law. Half of the course will concern the history and doctrine of race relations in the United States. The other half of the course with consider the history and doctrine of church-state relations in the United States. We will read the leading U.S. Supreme Court cases in both areas and some of the classic scholarly commentary. Students will write short reaction papers to the assigned readings for each session and will be expected to participate extensively in class discussion. No prior experience in U.S. constitutional law is required.
Grade: Final Paper 100%.
Course: Divine Law in Historical Perspective
Professor Christine Hayes, Yale University
Course number: 1411722650
This course explores the dueling notions of “divine law” that emerged from Greco-Roman antiquity on the one hand and biblical Israel on the other, the cognitive dissonance their historical encounter engendered and the attempts by later Jewish, Christian and secular thinkers to negotiate their competing claims. Topics include: the attributes and nature of divine law vs. secular law; the basis of divine law’s authority and its claim to our fidelity; law as a religious expression vs. law as a debasement of the divine-human relationship; law as a concession to human weakness or realization of human potential; the impact of historically theological debates over law’s spirit vs. law’s letter on contemporary, secular legal arguments concerning the value of law and the source of its authority.
Grade: 24 Hrs. Take Home Exam.
TIME OF YEAR: SPRING SEMESTER
Course: Graduate Course: Money and the Law
Professor Roy Kreitner
Course number: 1411726340
If money makes the world go round, perhaps by now it has made us dizzy. Financial crises, currency crises, and political crises in their wake make understanding money more urgent than ever. This course approaches money as a legal institution. It explores the way money systems are engineered to mobilize resources, and the way money provides a common frame of value. We will investigate the most important actors in today’s monetary architecture: central banks, commercial banks, non-bank financial institutions, and state treasuries, as well as global institutions like the Basel Committee on Banking Supervision, the International Monetary Fund, and the Financial Stability Board. By unpacking the legal building blocks of monetary institutions, the course will open a window onto today’s politics of money.
Students will write short response papers and present critical accounts of the reading material in class discussion. There will be a brief final paper, due at the end of the semester.
TIME OF YEAR: SPRING SEMESTER - QUARTER 3
Course: Human Rights Law
Dr. Doreen Lustig
Course number: 1411724501
The class will examine key historical and philosophical debates in human rights jurisprudence. Students will be exposed to several enduring human rights critiques and examine the tensions that the practice of human rights today highlights.
Grade: Reaction Papers 25%, Take Home Exam 75% (April 18, 2016)
Course: The History of English Law
Dr. David Schorr
Course number: 1411670001
The course is an introduction to the history of English (and to some extent, British) law, including not only such fundamentals such as the common law, the law of equity and constitutional law, but also secondary elements such as ecclesiastical law, the law merchant, and colonial law. Readings will be taken primarily from historical sources.
Beyond the function of any comparative-law course in helping the student gain a deeper understanding of his or her own legal system, English law has particular importance for appreciating a number of important historical and theoretical issues that cut across time and place, including legal pluralism and the relationship between law and religion.
The course will focus on specific historical issues and developments from various periods that highlight central topics in the history of English law. Basic knowledge of the English legal system and its central institutions in their historical context will help develop participants’ skills in using and evaluating claims based on English law. The exposure to various types of historical primary sources will also help students make intelligent use of English legal sources in their professional lives.
Grade: 20% Papers, 80% Final exam, without books (April 13, 2016 9:00 AM)
Course: The Role of Religion in War and PeaceBuilding
Professor Suzanne Stone
Course number: 1493101801
The religious-ethnic-nationalist conflicts in the Middle East and elsewhere have given rise to a dramatic re-examination of the role of religion in both promoting and preventing conflict. This course examines how diverse religious traditions view world order, the morality of and norms governing war, and post-war reconciliation. We will explore these topics from a variety of disciplinary perspectives: comparative law, sociology of religion, political theory, and religious studies. The course will combine theory with case studies drawn from the contemporary Middle East, including Israel.
Grade: 24 Hrs. Take Home Exam (April 14, 2016)
TIME OF YEAR: SPRING SEMESTER - QUARTER 4
Course: Unjust Law in Legal Theory
Professor David Dyzenhaus, University of Toronto
Course number: 1411723650
The problem of unjust law and illegitimate legal systems raises deep problems for both sides in the debate between legal positivists and natural lawyers about whether there is a necessary connection between law and morality. We will examine this debate through the lens of the exchange between Hart and Fuller about the appropriate postwar response to Nazi law and will then broaden our discussion to Dworkin and other prominent philosophers of law. As we will see, these debates raise pressing questions for all lawyers.
Grade: 24 Hrs. Take Home Exam.
Course: International Environmental Law
Prof. Daniel Bodansky, Arizona State University
Course number: 1411723550
General introduction to international environmental law. The course examines the processes by which international environmental norms are developed, implemented and enforced, and surveys a variety of international environmental issues, including transboundary problems such as acid rain, as well as global problems such as climate change and loss of biodiversity.
Pre-requisites: Public International Law.
Grade: 24 Hrs. Take Home Exam.
Course: International and Comparative Refugee Law
Professor Sharry Aiken, Queen's University
Course number: 1411723450
This course examines the legal framework for refugee protection including an introduction to the elements of the refugee definition in international law as well as refugee status determination procedures. Drawing on comparative jurisprudence of leading asylum countries, the course situates refugee law in its global context and encourages a critical appraisal of both state practice and international efforts to regulate and control asylum flows. The situation of Palestinian refugees and the role of the United Nations Relief and Works Agency (UNRWA) will also be considered.
Grade: 24 Hrs. Take Home Exam 100%.