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JOHN CABOT UNIVERSITY

COURSE CODE: "PL 320-1H"
COURSE NAME: "Public International Law (This is an honors course and carries 4 semester hours of credit; NB: Minimum 3.5 CUM GPA required)"
SEMESTER & YEAR: Fall Semester 2012
SYLLABUS

INSTRUCTOR: Harris Pamela
EMAIL: [email protected]
HOURS: TTH 13:30-14:45
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS: TTH 9-11

COURSE DESCRIPTION:
This class aims to introduce you to the basic concepts of public international law, in order to enable you to understand, and critically evaluate, the interplay between legal claims and power relations on the international stage.  We will begin with a theoretical overview of the development and transformation of international law.  We will then look carefully at the nature of international legal claims. Where do they come from? What makes them influential upon states and other national and international actors? What are the moral, legal and political consequences of non-compliance? We will study such law-generating  and law-implementing institutions as the United Nations, international tribunals, national systems and regional organizations. The substantive law of war (the use of force and humanitarian law), international criminal law, human rights and environmental law will be given special attention.  We will pay close attention to international law issues raised by current events – for example, the NATO intervention in Libya, the tension between international law and state practice in confronting terrorism, nuclear proliferation, individual criminal liability for violations of international law – and discuss the strengths and weaknesses of international law in contemporary state practice.
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

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.    Jurisdiction and Immunity

8.    Human Rights





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
Crimes Aganist HumanityGeoffrey RobertsonPenguin978-0-19-531417-5      
International LawValerie EppsCarolina Academic Press978-1594605512      
REQUIRED RESERVED READING:
Book TitleAuthorPublisherISBN numberLibrary Call NumberComments
International LawMalcolm ShawCambridge University Press978-0521728140  
Laws, Outlaws and TerroristsBlum and HeymannMIT9780262014755 (hardback) HV6432 .B589780262014755 (hardback) 0262014750 (hardback)

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Research PaperResearch paper on an international law topic, chosen by student in consultation with the instructor.30%
Midterm examinationissue spotter, plus essays20%
Final examination2 1/2 hour comprehensive exam consisting of an issue spotter and multiple essay questions.30%
Class participationCome to class, be prepared, look alive, listen to others and participate in mini-research questions, class debates and exam reviews.20%
Honors assignmentExpanded research paper (20 pages), plus 15 minute oral presentation1 honors credit

-ASSESSMENT CRITERIA:
Pass:

1.     Demonstrate knowledge of relevant international law norms, and an ability to apply them in ordinary contexts.

2.     The ability to make an argument (i.e., making an assertion and backing it up with reasons).



Good to Excellent:

3.     The above, plus an ability to apply such norms in extraordinary contexts

4.     The ability to make an reasoned argument that addresses the strongest counterarguments on the other side.

-ATTENDANCE REQUIREMENTS:
CLASS PARTICIPATION, FOR WHICH ATTENDANCE IS FUNDAMENTAL, IS 20% OF FINAL GRADE. You get two "free" absenses, after which they will start to pull down this part of your grade.
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 1 Introduction Epps, Intro.; Glennon (shared files)

Week 2 Sources of IL Epps, ch. I (pp. 5-20,  393-384, 409-416)

Week 3 The Law of Treaties Epps, ch. III (pp. 55-65, 80-82, 91-95)

Week 4 International Legal Personality Epps, ch. VII (p. 255-269, 285-91); Kosovo independence debate

Weeks 5 Jus ad bellum Epps, ch. X (pp. 384-401, 406-409, 417-422); Robertson, ch. 11

and 6

Week 7 Midterm review and examination

Weeks 8 Jus in bello Robertson, ch 5; Epps, ch. X (422-426, 449-476); Heymann and Blum, chs. 4-5

and 9
cluster weapons debate

Week 10 Int’l Criminal Law Epps, pp. 426-448; Robertson, chs. 6 - 9


Week 11 Jurisdiction and Immunity Robertson, ch. 10, Epps, ch. IV (101-102, 110-128, 152-171)


Week 12 Human Rights Robertson, ch. 1-4, Epps, ch. VIII (pp. 293-312, 312-334)

Week 13 International Law in National Courts Epps, pp. 350-9


Week 14 Finale and review