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JOHN CABOT UNIVERSITY

COURSE CODE: "PL/LAW 320-1"
COURSE NAME: "Public International Law"
SEMESTER & YEAR: Fall 2023
SYLLABUS

INSTRUCTOR: Pamela Harris
EMAIL: [email protected]
 HOURS: MW 4:30 PM 5:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS: M-Th 15-16
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:

1. Introduction: what does it mean to say that law can or should govern the behavior of states?
2. Sources of international law: custom, treaty, jus cogens
3. International legal identity and territory
4. Jus ad bellum: prohibitions on the use of force
5. Jus in bello: legal restraints on violence in armed conflict (International Humanitarian Law)
6. International Criminal Law
7. International Human Rights Law
8. International Economic Law: trade and investment
9. International Environmental Law

10. Upholding International Law

 
LEARNING OUTCOMES:
1. Understanding of the basic concepts of public international law, as well as critical awareness of key substantive areas
2. Ability to understand and critically evaluate the interplay between legal claims and power relations at the international level
3. Enriched understanding of current events and contemporary international relations.
TEXTBOOK:
Book TitleAuthorPublisherISBN numberLibrary Call NumberCommentsFormatLocal BookstoreOnline Purchase
Politics and International LawLeslie JohnsCambridge University Press 9781108833707  Hard Copy https://www.cambridge.org/highereducation/books/politics-and-international-law/D7F5FF231166FBCA1CABA8E417667AB7#overview
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Midterm exam Issue-spotter. See sample exam on moodle. 25%
Final Examination2 1/2 hour comprehensive exam consisting of an issue spotter and multiple essay questions.35%
Class participationCome to class, be prepared, pay attention, listen to others and contribute (in general, and especially to in-class exercises and review sessions).10%
Research Paper10-12 page research paper on an international law topic, chosen by student in consultation with the instructor.30%

-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the issue and demonstrates a nuanced understanding of the strongest arguments on both sides, and a creative resolution of the issue.
BThis is highly competent level of performance and directly addresses the question or problem raised. There is a demonstration of some ability to critically evaluate theory and concepts and relate them to practice. Work at this level demonstrates an ability to provide strong reasons for a certain position. Discussions reflect the student’s own critical assessment, going beyond the simple description of lecture and reference material.
CThis is an acceptable level of performance and provides answers that are clear but limited, describing the basic information offered in the lectures and reference readings, but not critically engaging with it.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material. Important information is omitted, irrelevant points included, or basic errors have been made.
FThis work fails to show any knowledge or understanding of the issues raised in the question, or is lacking in basis academic integrity.

-ATTENDANCE REQUIREMENTS:
Class Participation, for which attendance is fundamental, is worth 10% of your final grade. You get three "free" absences (no excuse necessary), after which additional absences will start to pull down this part of your grade.  Whether excused or unexcused, numerous absences from the class discussion will impede your ability to fully understand the material and to fulfill the course objectives. 
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 I   What is international law?: introduction and theory                                                 

Johns, ch. 1

Week II  Where does it come from?

Johns, ch. 2

Week III  Breaking International Law

Johns, ch. 3

Weeks IV Upholding International Law

Johns, ch. 4

Vienna Convention Reservations Handout

Human Rights Council, General Comment No 24
European Court of Justice, Kadi

Week VI   International Legal Personality, Territory 

Borgen, States and international law: the problems of self-determination, secession, and recognition
ICJ Advisory Opinion (Summary) on Kosovo Secession, pp. 1-6 (skim), 7-8, 14-15, and Judgment of the Supreme Court of Canada , in Reference re Secession of Quebec

Week VII  Jus ad bellum 

Johns, ch. 9
ICJ, Nicaragua v. U.S.
Department of Justice White Paper           

Week VIII   Midterm Review and Exam 

Week IX-X  Human Rights and Armed Conflict

Johns, chs. 8,10
Geneva Conventions
ICJ Advisory Opinion on Israeli Separation Wall and related Israeli Supreme Court decision
Film, The Law in These Parts

Week  XI   International Criminal Law                                 

Johns, ch. 11

Week XII  Human Rights, Trade and Investment Law

Jones, ch. 6

Week XIII International Law in National Courts       

ICJ + Italian Constitutional Court, Germany v. Italy 

Week XIV Final Review