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JOHN CABOT UNIVERSITY

COURSE CODE: "PL/LAW 320"
COURSE NAME: "Public International Law"
SEMESTER & YEAR: Summer Session I 2024
SYLLABUS

INSTRUCTOR: Bruce Lee Cronin
EMAIL: [email protected]
 HOURS: MTWTH 9:00 AM 10:50 AM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS:
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:

This course focuses on the role of international law in regulating the relations among states. We  begin by discussing the nature of international law and its development and changes over the past few decades. We  then explore the its sources, its relationship to domestic law, the rights and duties of states, sovereignty, territoriality, international treaties, jurisdiction, international adjudication and the role of international institutions. We  then turn to international law as it applies to such topics as the use of military force, the conduct of war, human rights, and diplomacy.  Finally we  examine how international law is implemented and enforced through such institutions as international organizations, war crimes tribunals, international courts, and universal jurisdiction.


[Course cross-listed as of Fall 2019]
LEARNING OUTCOMES:

The course will provide students with a comprehensive understanding of international law and equip them with the skills necessary to navigate the complexities of the international legal system.  Specifically, it will help you:

 

  1. Understand the basic principles and sources of international law, including treaties, customary international law, and general principles recognized by civilized nations.
  2. Analyze the role and functions of international law in the global community, including its impact on state sovereignty, international relations, and the resolution of disputes.
  3. Identify and evaluate the various actors involved in the creation, interpretation, and enforcement of international law, such as states, international organizations, and non-state actors.
  4. Demonstrate knowledge of key substantive areas of international law, including the regulation of armed conflict, human rights, the creation of new states, and state sovereignty.
  5. Critically examine the mechanisms for enforcement including international tribunals, domestic courts, and the U.N. Security Council.
  6. Develop skills in legal research, analysis, and writing through the study of international legal texts, cases, and scholarly literature.
  7. Explore contemporary challenges and developments in international law, including issues related to state responsibility, state succession, terrorism, and the use of force.
  8. Apply principles of international law to contemporary scenarios and case studies, demonstrating the ability to analyze complex legal problems and propose reasoned solutions.
TEXTBOOK:
NONE
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
 There will be an in-class mid-term and take-home final exam. The midterm will be in class and consist of identifying key terms. It will count for 30% of your grade. The final will consist of hypothetical cases in which you will be asked to apply existing treaties and customary law to each case. This will count for 50% of the grade. The class will also simulate an international war crimes tribunal charging Russian President Vladimir Putin with violations of international law for engaging in crimes against humanity and “grave breaches” of the laws of armed conflict during the Russian war with Ukraine. One team (the prosecution) will prepare the indictments, a second will act as the defense, and the third will sit as judges. Written briefs and participation will count for 20% of your grade. 
MidtermIn class30%
Final exam 50%
War crime simulation 20%

-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:
Students are expected to attend all classes.  If you cannot attend a particular class, please inform the professor via email ([email protected]).

[Course cross-listed as of Fall 2019]
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

REQUIREMENTS

Exams:

There will be an in-class mid-term and take-home final exam. The midterm will be in class and consist of identifying key terms.  It will count for 30% of your grade. The final will consist of hypothetical cases in which you will be asked to apply existing treaties and customary law to each case. This will count for 50% of the grade.

Mock War Crimes Trial

The class will simulate an international war crimes tribunal charging Russian President Vladimir Putin with violations of international law for engaging in crimes against humanity and “grave breaches” of the laws of armed conflict during the Russian war with Ukraine.  One team (the prosecution) will prepare the indictments, a second will act as the defense, and the third will sit as judges. Written briefs and participation will count for 20% of your grade.

 

FORMAT

 

The class will begin with a power point presentation by the professor, followed by class discussion.  At the end of the presentation, a student will pose three questions drawn from the assigned readings.  These questions will frame the discussion.  All students will sign up for one class to pose the questions.

 

READINGS

 

The readings are an important part of the class. Be sure to complete them during the week it is assigned.  They have been uploaded onto our webpage.

Course Schedule

May 20: Introduction: The Concept of Rules in International Relations

May 21: The Law of Nations and the International Community of States

Martti Koskenniemi, “History of International Law, since World War II,” Max Planck Institute for Comparative Public Law and International Law

Monica Hakimi, “Why Should We Care About International Law?,” Michigan Law Review, volume 118, issue 6, 2020

May 22 and 23: Sources and Application of International Law

Brian D. Lepard, “Customary International Law as a Dynamic Process.”

 

Dinah L. Shelton, “Soft Law,” in Handbook of International Law (Routledge, 2008)

Steven R. Ratner,  “International Law Rules on Treaty Interpretation, in The Law and Practice of the Northern Ireland Protocol, edited by Christopher McCrudden (Cambridge: Cambridge University Press, 2022).

May 27 and 28: States in International Law

Lea Brilmayer, "Secession and Self-Determination: A Territorial Interpretation," Faculty Scholarship Series, Paper 2434, 1991.

Daniel Thürer, The "Failed State" and International Law, International Review of the Red Cross, No. 836, 1999.

 

Jamie Scudder, “Territorial Integrity – Modern States and the International System,” Exploring Geopolitics, 2010

May 29: Individuals and Organizations in International Law

Solomon E. Salako, “The Individual in International Law: ‘Object’ versus ‘Subject,” International Law Research, vol. 8, no. 1, 2019.

Kristina Daugirdas, “Why International Law Binds International Organizations,” volume 57, number 2, Spring 2016.

May 30: Implementation and Enforcement

Ambassador Juan Manuel Gómez-Robledo Verduzco, “The International Court of Justice: A Bright Light in Dark Times”

Jean d’Aspremont, “The Collective Security System and the Enforcement of International Law”

June 3: In-class Midterm and Lecture on International Law of Diplomacy

 

June 4 - 6: International Aggression and the Use of Force

 

Elizabeth Wilmshurst, “Principles of International Law on the Use of Force By States in Self-Defence,” Chatham House, October 2005.

Michael Schmitt, “Military Necessity and Humanity in International Humanitarian Law,” Virginia Journal of International Law, vol. 50, no. 4, 2010

W. Michael Reisman, “Holding the Center of the Law of Armed Conflict,” The American Journal of International Law, vol. 100, no. 4, 2006

June 10: Human Rights

 

Catherine Turner, “Human Rights and the Empire of (International) Law,” Law and Inequality, vol. 29 (2011)

 

United States Institute for Peace, “Genocide, Crimes Against Humanity, and War Crimes,”

 

June 11: International Criminal Law and Tribunals

 

Andrea Bianchi, “Individual Accountability for Crimes against Humanity: Reckoning with the Past, Thinking of the Future,” SAIS Review vol 19, no 2, 1999

Theodore Moran, “Reflections on the Prosecution of War Crimes by International Tribunals,” The American Journal of International Law, Vol. 100, No. 3 (Jul., 2006).

June 12: Terrorism in International Law

Daniel Moeckli, “The Emergence of Terrorism as a Distinct Category of International Law,” Texas International Law Journal, vol. 44 (2008)

 

June 13: International Environmental and Economic Law

Pascal Lamy, “The Place of the WTO in the International Legal Order”

 

Center for Climate Engagement, “Public International Law and Climate Change”

 

June 17: Students meet in class to prepare for simulation

 

June 18: War Crimes Trial Simulation

 

June 19: Presentation of Judges Decisions / Evaluation of Simulation