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JOHN CABOT UNIVERSITY

COURSE CODE: "PL 320"
COURSE NAME: "Public International Law"
SEMESTER & YEAR: Summer Session I 2019
SYLLABUS

INSTRUCTOR: Luigi Sensi
EMAIL: [email protected]
 HOURS: MTWTH 9:00-10:50 AM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS: TBA
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.
SUMMARY OF COURSE CONTENT:
In this course we shall explore key concepts and principles of public international law. Some of the questions that will guide our journey deal with international and domestic conflict: when can a state engage in war? What constitutes acceptable “self-defense”? How far can a state go to defend itself from the threat of terrorist violence? How are prisoners supposed to be treated and what rules apply to interrogations? Other questions deal with various types of human rights: What are the duties owed to foreigners? To asylum applicants and refugees? What are the limits of a government’s powers over its own citizens in times of domestic unrest? We will also examine the role of international law in regulating economic interaction (and international trade in particular), in adjudicating disputes, assigning responsibility and punishing violators. To address some of these questions, we will need to familiarize ourselves with key court decisions and international treaties that have shaped international law, including the Charter of the United Nations, the Genocide Convention, the Refugee Convention, the Convention against Torture, the General Agreement on Tariffs and Trade/WTO, the Treaty on the Non-Proliferation of Nuclear Weapons. We shall also consider more recent international agreements which are currently at the center of heated political debates such as the JCPOA (aka Iran Nuclear Deal) and the Paris Climate Agreement.    

These are some of the topics we will cover in this course:

 

The nature, history and sources of international law,

How international treaties are formed and interpreted,

State recognition, jurisdiction and sovereignty,

Acquisition and occupation of territory and self-determination,

Jurisdiction and immunities under international law,

The law of the sea,

The peaceful  settlement of disputes and international courts,

The use of force (jus ad bellum); terrorism and counterterrorism,

Humanitarian law (jus in bello): what is allowed in times of war?

Human rights, refugees, genocide and torture under international law,

International environmental law,

The global economy and international law,

Ethics, politics and international law.


 
LEARNING OUTCOMES:

The course is intended to introduce us to International Law and help us better appreciate its role in shaping international as well as domestic events. In particular we hope to:

-          Learn how International Law is created, what are its different forms, how violations are identified and what are the available means of enforcement;

-          Develop the ability to use International Law principles and rules to build arguments in favor and against the legality of international as well as domestic actions;

-          Analyze the interplay between legal rights and duties on the one hand, and national interest on the other; and

- Enrich our understanding of contemporary international relations by studying the influence exercised by International Law on national decisions-makers and international organizations.
TEXTBOOK:
Book TitleAuthorPublisherISBN numberLibrary Call NumberCommentsFormatLocal BookstoreOnline Purchase
Textbook on International Law (7th Edition)Martin DixonOxford University Press978-0-19-957445-2     
International Law (Second Edition)Jan KlabbersCambridge University Press978-1-316-50660-8     
REQUIRED RESERVED READING:
Book TitleAuthorPublisherISBN numberLibrary Call NumberComments
International Law Documents Jan KlabbersCambridge University Press978-1-316-60474-8  

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Class Participation 10%
First Midterm ExamWED June 5th30%
Second Midterm ExamTUE June 18th30%
Final ExamFRI June 28th30%

-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 REQUIREMENTS AND EXAMINATION POLICY

Class attendance is required and, together with participation in class discussions, will comprise part of each student’s grade. Students who miss a class are required to send an email to the instructor, before or immediately after the absence, explaining the reason for the absence.

The Dean’s Office may direct instructors to make exemptions from their specific attendance policies in the case of a chronic medical condition or other serious problem. Students seeking such an exemption must ask a Dean as soon as they are aware of a situation impeding their required attendance. Students who cannot meet the attendance requirements for a particular class may be advised to withdraw from it.

Absences from major examinations require a Dean’s Office excuse, insofar as the student may seek to take a make-up exam, submit a make-up assignment, or count another assessment more so as to cover the missed exam. Likewise, students need the permission of the Dean's office in order to take exams early, or reschedule them in any way. The Dean’s Office will only excuse such absences when they are caused by serious impediments, such as a student’s own illness, hospitalization or death in the immediate family (in which the student is attending the funeral) or other situations of similar gravity. Absences or rescheduling requests due to other meaningful conflicts, such as job interviews, family celebrations, travel difficulties, student misunderstandings or personal convenience, will not be excused. Students seeking such an excuse must notify their instructor and the Dean’s Office, as soon as possible, and no later than the beginning of the exam. 

Absences from class due to the observance of a religious holiday will normally be excused. Individual students who will have to miss class to observe a religious holiday must notify their instructors by the end of the Add/Drop period (during the first week of classes). Students missing a class for this reason also must make prior arrangements with their instructor to make up any work missed. 

EXAM DATES:
- First Midterm: Wednesday, June 5th
- Second Midterm: Tuesday, June 18th
- Final exam: Friday, June 28th.
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.
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.
SCHEDULE

 

SCHEDULE OF CLASSES

“International Law”: Martin Dixon, “Textbook on International Law” (7th Edition).

“Klabbers”: Jan Klabbers, “International Law” (SECOND Edition).

“ILD”: Jan Klabbers, International Law Documents (Cambridge Statutes). On RESERVE.

 


WEEK ONE

WHAT IS INTERNATIONAL LAW?

MONDAY, May 27th

Introduction to International Law and its history

-          Textbook on International Law (2013 SEVENTH Edition), by Martin Dixon. Oxford University Press (hereinafter “International Law”), pages 1-16 and summary at page 23.

 

TUESDAY:

The Sources of International Law

-          International Law, chapter two (you may skip paragraphs 2.1.1, 2.1.2 and 2.2.1)

-         Selected articles from "The Statute of the International Court of Justice," in International Law Documents, by Jan Klabbers (Cambridge Statutes), hereinafter “ILD”: articles 38 and 59. 

- Selected articles from the Vienna Convention on the Law of Treaties, in ILD: articles 53 and 64.

 

WEDNESDAY:

The Law of Treaties (I)

-          International Law, pages 55-73

-          Selected articles from the Vienna Convention on the Law of Treaties, in ILD, including articles 31.1 and 32

-          Handout on key historical dates and sources of international law.

 

THURSDAY:

The Law of Treaties (II)

-          International Law, pages 73-87

-          Short Handout on the NPT (Nuclear Non-Proliferation Treaty)

-          Short Handout on the Joint Comprehensive Plan of Action (JCPOA, aka Iran Nuclear Deal).

-          Suggested (not required) reading:

o   Treaty on the Non-Proliferation of Nuclear Weapons. (ILD, pages 390-394)

 

WEEK TWO

 TO WHAT ENTITIES DOES INTERNATIONAL LAW APPLY AND WHEN?

MONDAY, June 3rd:

Personality, statehood and recognition

-          International law, pages 115-136

-          The Montevideo Convention on the Rights and Duties of States, articles 1, 2 and 4, in ILD page 2.

-          US Recognition of South Sudan (statement by US President Barack Obama), in ILD 297.

 

TUESDAY:

Jurisdiction and sovereignty; the acquisition and occupation of territory; self-determination

-          International law, pages 148-174

 

WEDNESDAY: JUNE 5

Outer space; the Antarctic; airspace and aircraft

-          FIRST MIDTERM EXAM

-          International law, pages 174-181

-          The Antarctic Treaty, articles 1, 3, 4, 7 and 9(1.), in ILD page 476.

 

THURSDAY:

Immunities (diplomatic and other)

-          International law, pages 182-195 and pages 208-216

 

THE LAW OF THE SEA AND STATE RESPONSIBILITY

WEEK THREE

MONDAY, June 10th:

The evolution of the Law of the Sea and UNCLOS

-          International law, pages 217-242

 

TUESDAY:

The Law of the Sea (II)

-          International law, pages 242-246; carefully review the Summary at page 248, and skim the Appendix at pages 249-251

State Responsibility

-          International law, pages 252-266

 

WEDNESDAY:

The Treatment of Foreign Nationals

-          International law, pages 266-281

International Contracts; private investments

- International Law, pages 281-285

 

THE PEACEFUL SETTLEMENT OF DISPUTES AND THE USE OF FORCE

THURSDAY:

The Peaceful Settlement of Disputes and the International Court of Justice (aka World Court)

-          International Law, pages 286-303

 

WEEK FOUR

MONDAY, June 17th:

The International Court of Justice (World Court), its jurisdiction over contentious cases and its Advisory Opinions

-          International law, pages 303-320

-          United Kingdom’s Optional Clause Declaration, in ILD page 298

 

TUESDAY: JUNE 18

The Use of Force (Jus ad Bellum) (I)

-          SECOND MIDTERM EXAM

-          International law, pages 321-341

 

WEDNESDAY:

The Use of Force (II)

-          International law, pages 341-353

 

Humanitarian law and War Crimes

-  Encyclopedia Britannica: War Crimes:  https://www.britannica.com/topic/war-crime#ref750576

-          Chapter 11 (The Law of Armed Conflict), in Jan Klabbers, “International Law” (SECOND Edition), hereinafter “Klabbers”.

-          Handout on Humanitarian Intervention, R2P (Responsibility To Protect) and the UN Charter

 

The Genocide Convention

-          Convention on the Prevention and Punishment of the Crime of Genocide, articles 1 through 9, in ILD pages 112-113.

 

Terrorism and counterterrorism

-          Klabbers, pages 215-218

 

Torture under international law

-          Definition of torture from the Rome Statute of the International Criminal Court (article 7.e.) in ILD page 401.

 

HUMAN RIGHTS

THURSDAY:

Human Rights

-          International Law, pages 354-365

-          International Covenant on Civil and Political Rights (ICCPR), selected articles, in ILD page 173

Refugees

-          Klabbers, pages 132-135

-          Convention Relating to the Status of Refugees, article 1.A.(2), ILD page 118

The Death Penalty under International Law

-  Handout on the Death Penalty; relevant articles of the Universal Declaration of Human Rights and the ICCPR

THE GLOBAL ENVIRONMENT, THE INTERNATIONAL ECONOMY AND INTERNATIONAL LAW

WEEK FIVE

MONDAY, June 24th:

International Environmental Law

-          Klabbers Chapter 14

 

TUESDAY:

Climate Change and other Global Environmental Regimes

-          Class handout on the 2015 Paris Climate Agreement, Endangered Species, Biodiversity and the Trade in Hazardous Waste.

 

WEDNESDAY:

International Law and the Global Economy  

-          Klabbers Chapter 15

 

THURSDAY:

Domestic institutions and international law

-          Excerpts from Anthony Aust, Handbook of International law.

 

POLITICS, ETHICS AND INTERNATIONAL LAW

The Politics and Ethics of International law and Global Governance

-          Klabbers Chapter 17

- Final Review

FRIDAY, JUNE 28

-          FINAL EXAM