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JOHN CABOT UNIVERSITY

COURSE CODE: "PL/LAW 320-2"
COURSE NAME: "Public International Law"
SEMESTER & YEAR: Spring 2022
SYLLABUS

INSTRUCTOR: Silvia Scarpa
EMAIL: [email protected]
HOURS: TTH 10:00 AM 11:15 AM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS: by appointment

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.

[Course cross-listed as of Fall 2019]
SUMMARY OF COURSE CONTENT:
The course introduces students to public international law, discussing about the main challenges that this discipline faces today. It analyses the main subjects of international law – including, in particular States, Intergovernmental 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, and international criminal law. 
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, and international criminal law.
TEXTBOOK:
Book TitleAuthorPublisherISBN numberLibrary Call NumberCommentsFormatLocal BookstoreOnline Purchase
Cassese's International LawP. Gaeta, J. Vinuales, and S. ZappalàOxford University Press9780199231287     
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Mid-term examEssay questions30%
Final examEssay questions30%
Projectproject assignment + oral presentation35%
Class participationAttendance is compulsory & students shall contribute to class discussions.5%

-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.

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

 

WEEK

 

DATES

 

TOPICS TO BE DISCUSSED

 

READING ASSIGNMENTS*

 

DEADLINES

Week 1

18 January

 

 

20 January

Introduction to the Course.

 

An introduction to International Law: is international law relevant?

 

 

 

 

Cassese, Chapter1; Dixon, Section 1; International Law is no Joke.

 

Week 2

25 January

 

 

27 January

The sources of international law.

 

Continued.

 

Cassese, Chapter 9; Dixon, Section 4.

 

 

Week 3

1 February

 

 

 

 

 

 

 

3 February

The law of treaties.

 

 

 

 

 

 

Reservations to international human rights treaties.

 

Cassese, Chapter 10, §§ 10.1 – 10.6. The Vienna Convention on the Law of Treaties, in particular articles 19-23 and 31-33).

 

Dixon-Reservations; Convention on the Elimination of Discrimination against Women, Articles 2, 9, 11, 16, and 29.

 

Week 4

8 February

 

 

 

 

10 February

 

The hierarchy among the rules of international law andjus cogens.

 

Continued.

Cassese, Chapter 11, § 11.4; Dixon-Jus Cogens.

 

 

 

 

 

Week 5

15 February

 

 

 

 

17 February

States as the primary subjects of international law.

 

 

Other subjects of international law.

 

Cassese, Chapter 4 and section 3.8 of Chapter 3; Buying Land: Kiribati; Borgen.

 

Cassese, chapters 7 and 8.

 

Week 6

22 February

 

 

24 February

 

Review session

 

 

Mid-term exam

 

 

Week 7

 

1 March

 

 

3 March

Collective security and the use of armed force.

 

Continued.

 

Cassese, chapter 16; UN Charter, Chapter VII.

 

 

 

Week 8

8 March

 

 

 

10 March

 

REVIEW SESSION: discussion on projects.

 

The international protection of human rights.

 

 

 

 

Cassese, Chapter 18; CNN Article; IWPR Article.

7 March at 12noon: Deadline for the submission of abstract and bibliography

Week 9

15 March

 

 

17 March

 

Continued.

 

 

International criminal law.

 

 

 

Cassese, Chapter 19; The Diplomat-Myanmar article.

 

Week 10

22 March

 

24 March

 

 

SPRING BREAK

 

 

Week 11

29 March

 

 

31 March

International law of the sea.

 

Continued.

 

Cassese, chapter 5, §§ 5.4-5.5; Bryza-article.

 

 

29 March at 12noon: Deadline for the Submission of Powerpoint/Prezi Presentations.

 

Week 12

5 April

 

7 April

Students’ presentations

 

Students’ presentations

 

 

Week 13

12 April

 

14 April

Students’ presentations

 

Students’ presentations

 

 

Week 14

19 April

 

21 April

Students’ presentations

 

Students’ presentations

 

 

Week 15

26 April

 

 

28 April

The Antarctic v. the Arctic

 

Final review.

 

Dixon-The Antarctic v. the Arctic; Arctic map.

 

Week 16

2-6 May

Final exam

(Date TBA)