Course Descriptions - Costa Rica

Two two-credit-hour courses and two one-credit-hour courses are offered during the session. Students should understand that scheduled class hours will have to be changed on occasion to accommodate visits to local institutions.

NOTE: Because of A.B.A. regulations, students may enroll in up to three credit hours but are allowed to enroll in less than three credit hours.


Monday to Friday, 2 – 4:35 p.m, May 16 – May 27

Professor Keith Vetter

This course focuses on all elements of the legal system, the substantive private law, the judicial method, the judiciary, the legal profession, legal education, governmental structure, and public law. Naturally, it will be taught from a comparative perspective. Our classroom instruction will be enhanced by trips to one of Costa Rica’s leading law firms, the University of Costa Rica Law School (where we will hold some of our classes), as well as courts in the Costa Rican judicial system. Loyola has excellent ties with Costa Rica’s legal community; this gives us the opportunity to interact with Costa Rican attorneys, law students, and judges at the same time we read and discuss the topics in class. For example, our class in legal education in Latin America will be attended by students of the University of Costa Rica Law School, who will express their views concerning the Costa Rican system. Similarly, during our visit to a leading Costa Rica law firm, one of the partners, who studied and practiced in the U.S., will give his perspective on law practice in Latin America.

INTERNATIONAL SALES LAW (2 credit hours) **

Monday to Friday, 2 – 4:35 p.m., May 16 – May 27

Professor Robert A. Garda

This course will focus on the law governing the transnational sales of goods. The class will first cover the major sources of international commercial law with a special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of Commercial Law and public international law regarding arbitration of commercial disputes. The scope of the CISG along with its relationship to the domestic commercial laws of the United States and Costa Rica will then be examined. The class will cover issues of offer and acceptance, express and implied warranties, performance obligations and remedies under the CISG. The CISG will be compared to the domestic sales laws of the United States and Costa Rica throughout the class.


Monday to Friday, 9 – 10:20 a.m, May 16 – May 27)

Professor Lloyd “Trey” Drury, III

This course compares some key aspects of US (Delaware and federal) corporate law with corresponding rules in overseas jurisdictions. It does so by examining regulatory and governance strategies used in different legal systems to address three recurring problems of corporation law: mediating the tensions between owners and managers, between majority and minority owners, and between the corporation and society.


Monday – Friday, 11 a.m. – 12:20 p.m., May 16 – May 27

Professor John Rooney

The course will cover the regulation and use of international arbitration from the perspectives of International, United States and Costa Rican law. We will discuss the application of the principle instruments of public international law in the area (The Washington Convention, the United States Model Bilateral Investment Treaty, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Inter-American Convention on International Commercial Arbitration) and the Federal Arbitration Act and Costa Rica's national arbitration law. The first week of the course will cover the public international law sources, and discuss the regulation of investor-state arbitrations. The discussion of investor-state arbitrations will include arbitral forums (such as ICSID) and sources of cause of action under public international law.

The second week will be devoted to international commercial arbitration. We will cover national regulation of international commercial arbitration, looking at the United States, South America and the UNCITRAL Model International Commercial Arbitration Law, with emphasis on the enforceability of the agreement to arbitrate, interim measures of protection, rules for the conduct of international arbitrations (International Chamber of Commerce, London Court of International Arbitration, Inter-American Commission on International Commercial Arbitration, and UNICTRAL International Arbitration Rules);development and use of evidence in the international arbitration; and the recognition and enforcement of the international arbitral award.


NOTE: Examinations are scheduled on Saturday, May 28. Latin American Legal Systems and International Sales Law examinations will be held from 9 – 11 a.m.; Comparative Corporate Law and International Arbitration examinations will be held from 12 – 1 p.m. Students who wish to leave on Saturday should not schedule a flight leaving before two and one-half hours after their last exam. Unfortunately, because of classroom space, these times cannot be adjusted due to flight schedules.