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JOHN CABOT UNIVERSITY
COURSE CODE: "PL 320-2"
COURSE NAME: "Public International Law"
SEMESTER & YEAR:
Spring 2019
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SYLLABUS
INSTRUCTOR:
Silvia Scarpa
EMAIL: [email protected]
HOURS:
TTH 3:00-4:15 PM
TOTAL NO. OF CONTACT HOURS:
45
CREDITS:
3
PREREQUISITES:
OFFICE HOURS:
by appointment
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COURSE DESCRIPTION:
This course examines the basic concepts of public international law, to enable students to critically evaluate the interplay between legal claims and power relations. Starting with a theoretical overview of the character, development and sources of international law, the course examines such law-generating and law-implementing institutions as the United Nations, international arbitration and adjudication, international criminal tribunals, national systems and regional organizations. Such substantive areas as the law of war (the use of force and humanitarian law), international criminal law, human rights, and environmental law will be given special attention.
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SUMMARY OF COURSE CONTENT:
The course introduces students to the main challenges faced by public international law today. It analyses the main subjects of international law –
including, in particular States, International Organizations, individuals, and
other entities. The sources of international law are
examined and the hierarchy existing among them is discussed, focusing, in
particular, on the specific role of peremptory norms of international law (jus cogens rules). The Course also
analyses some relevant areas of public international law, including inter alia the use of force in the
international legal order (ius ad bellum),
the role of the United Nations and the collective security system, the law of
the sea, the international protection of human rights, international
humanitarian law (ius in bello),
and international criminal law. Finally, the
consequences of the breaches of international law and the implementation of
international rules within national systems are studied.
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LEARNING OUTCOMES:
Upon
completion of this course students are expected to be able to
refer to the
main subjects and sources of international law and to be familiar with States’ implementation of
international standards and the consequences of the breaches of international
obligations. Secondly, students will be able to critically analyse the main
challenges existing in various branches of public
international law, including inter alia, the law of the sea,
international human rights law, international criminal law, and international
humanitarian law.
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TEXTBOOK:
Book Title | Author | Publisher | ISBN number | Library Call Number | Comments | Format | Local Bookstore | Online Purchase |
International Law - Second Edition | Jan Klabbers | Cambridge University Press | 9781316506608 | | | | | |
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REQUIRED RESERVED READING:
RECOMMENDED RESERVED READING:
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GRADING POLICY
-ASSESSMENT METHODS:
Assignment | Guidelines | Weight |
Mid-term exam | Essay questions | 30% |
Final exam | Essay questions | 30% |
Advocacy Plan | Group work + oral presentation | 30% |
Class participation | Attendance is compulsory & students shall contribute to class discussions. | 10% |
-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course BThis is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments. CThis is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings. DThis level of performances demonstrates that the student lacks a coherent grasp of the material.Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail. FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.
-ATTENDANCE REQUIREMENTS:
Attendance
is compulsory. Students shall read assigned materials before classes and shall
participate to class discussions.
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ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic
dishonesty will receive a failing grade on the work in which the dishonesty occurred.
In addition, acts of academic dishonesty, irrespective of the weight of the assignment,
may result in the student receiving a failing grade in the course. Instances of
academic dishonesty will be reported to the Dean of Academic Affairs. A student
who is reported twice for academic dishonesty is subject to summary dismissal from
the University. In such a case, the Academic Council will then make a recommendation
to the President, who will make the final decision.
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STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap.
Students with approved accommodations must inform their professors at the beginning
of the term. Please see the website for the complete policy.
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SCHEDULE
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WEEK
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TOPICS TO BE DISCUSSED
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READING ASSIGNMENTS
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Week 1
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Introduction to the Course.
An introduction to International Law. The relevance of international law.
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Klabbers, Ch. 1. Dixon, Section 1.
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Week 2
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The sources of international law. Customary rules of international law.
The sources of international law: treaties.
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Klabbers, Ch. 2; Nicaragua.
Klabbers, Ch. 3; Dixon_Reservations.
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Week 3
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The hierarchy among the rules of international law and jus cogens.
The fundamental principles at the basis of the system of international law.
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Cassese, Ch. 11.
UNGA Res. 2625[XXV];
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Week 4
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States as subjects of international law. Other subjects of international law
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Klabbers, Ch. 4, p. 67-84.
Klabbers, Ch. 4, p. 84-90.
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Week 5
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Kosovo and its declaration of independence.
The Arctic versus the Antarctic
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Borgen.
The Antarctic Treaty; Jensen.
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Week 6
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The threat or use of force by States, the collective security system and peacekeeping operations.
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Klabbers, Ch. 9, p. 170 – 183; Klabbers, ch. 10, p. 187 - 196; UN Charter, Chapter VII.
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Week 7
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Con’t and general summary
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Week 8
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The international protection of human rights
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Klabbers, Ch. 6; Charlesworth & Chinkin
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Week 9
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International humanitarian law
The legality of the use of nuclear weapons
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Klabbers, Ch. 11.
Bekker; HRC_GC14.
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Week 10
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Drones and targeted killings
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Report 2013, section III, in particular part D, and section IV; Report 2014, sections III and IV.
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Week 11
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International criminal law
The politics and ethics of international law
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Klabbers, Ch. 12.
Klabbers, Ch. 17-18.
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Week 12
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Students’ presentations
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Week 13
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Spring Break |
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Week 14
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Students’ presentations |
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Week 15
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Con’t and Final summary. |
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Week 16
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Final exam
Date TBA
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