Transnational Disputes Clinic

Our world is deeply interconnected across countries and cultures and the law and legal practice is increasingly transnational. Students in the Transnational Disputes Clinic learn skills vital to successful lawyering and collaboration across borders through immersion in a strategic litigation practice aimed at promoting the progressive development of the law, and in particular law protecting fundamental rights. Depending on the individual or organizational client or partner, a Clinic matter might give students an opportunity to develop proficiency in international treaty law (such as a bilateral investment treaty, the International Covenants on Civil and Political and Economic Social and Cultural Rights, or the Geneva Convention Relating to the Status of Refugees), cross-border contracts and/or jurisprudence (such as a U.S. federal administrative agency interpretation of a treaty, the practices and policies of United Nations agencies, or the rulings of national courts around the world) alongside extensive work with a client or partners in order to craft a strategic litigation position or pleading aimed at expanding the protection of fundamental rights. Clinic matters show students through experiential pedagogy that the law is dynamic and that transnational legal practice can shape its development, with corresponding normative and ethical consequences.

Clinic students learn key legal skills, reflect on what distinguishes a strategic litigator, and practice integrating critical reflection on lawyering and the law into their clinical work. Clinic seminar sessions and case team supervision reflect a focus on:

• Adapting arguments to the substantive and procedural law applicable in different fora;
• Persuasive writing for transnational legal audiences;
• Interviewing and conducting factual research in multiple jurisdictions;
• Legal ethics and client-centered lawyering in transnational context;
• Strategic planning and case selection in work across legal systems;

• Understanding litigation risk across borders;
• Representing and coordinating with movements, coalitions, and networks;
• Funding strategic litigation campaigns;
• Legal ethics and client-centered lawyering in transnational context;
• Leveraging litigation for global and national policy impact, and to shift the public debate;
• Critical perspectives on international law and legal practice; and,
• Team work, self-care and work-life balance.

Students in the Transnational Disputes Clinic can also work with their clients for additional semesters through participation in an advanced clinic course and develop close relationships and new skills as matters move through multiple phases.

If you have a matter you would like to propose for clinic representation, please contact the Clinic’s Founding Director, Visiting Assistant Clinical Professor of Law Ian M. Kysel via email.

Participation in the Transnational Disputes Clinic is open to 2Ls, 3Ls, and LLMs. The clinic includes a seminar component as well as extensive, supervised work as part of a case team. Beginning with a mandatory, intensive, presemester bootcamp, seminar sessions provide students with a foundation in substantive law, key lawyering skills, and the many ways to tackle strategic puzzles at the heart of complex transnational litigation — all while working as part of a small team staffed on a clinic matter. This approach gives students exposure to key skills at a pace that facilitates learning and deep engagement. A separate set of regular case rounds exposes students to a mode of collaborative legal work akin to that in a small transnational disputes practice, as do regular case team supervision meetings. Some matters may require travel, though any travel is optional and not guaranteed.

Students can apply to be part of the clinic through the Law School clinic registration process, which is organized by the registrar twice each year (usually in April and in October). Applicants must submit a resume, official transcript, unedited writing sample, and statement of interest indicating why they would like to practice in the clinic (this is particularly important) as part of the course registration process for a given semester. Students from communities and backgrounds underrepresented in transnational legal practice are encouraged to apply.

In addition to prioritizing diversity, equity, and inclusion, the clinic values students who are passionate, curious, committed, and ready to learn and work in teams on transnational matters. Students who have a demonstrated commitment to international law and legal practice (not limited to that shown by prior coursework, as past study is not mandatory), including in the areas of international human rights law, international refugee law, and international investment law are encouraged to apply. Foreign language proficiency can be helpful for certain matters.