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JOHN CABOT UNIVERSITY

COURSE CODE: "PL 320-2H"
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: Sensi Luigi
EMAIL: [email protected]
 HOURS: MW 15:00-16:15
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS: MON and WED: 1615-1715
COURSE DESCRIPTION:

HONORS STUDENTS: Students taking the extra-credit, honors course will study the same materials, take the tests and participate in the class exercises as the other students. In addition, honors students will carry out an independent research assignment on an international law-related topic of interest to them. The specific topic, the research method(s) used, the key sources to be reviewed and the overall structure of the paper will need to be agreed with the instructor before the date of the midterm. Honors students will meet periodically with the instructor to discuss their research progress. The final version of the paper (approximately 2,000 words) will be due on or before the date of the final.

INTERNATIONAL LAW: What do we mean by “International Law”? Even the definition of the subject of our course raises controversy. Black’s Law Dictionary defines  International Law as “Rules and principles of general application dealing with the conduct of nations and of international organizations…” (quoting the Restatement F.R.). This invites more questions: which rules and principles are applied sufficiently generally to warrant inclusion under the international law rubric? Who decides? what effect if any do these rules and principles actually have on international behavior? What is the sanction for violating them? Who enforces them? The uncertainty surrounding the nature of international law and its practical impact is reflected in the descriptions of international law proposed by observers of different persuasion. Hans Morgenthau, the dean of American international relations “realists”, admitted that something called international law existed but pointed out that this did not mean it was effective in regulating and restraining the struggle for power on the international scene. He concluded that “international law is a primitive type of law, resembling the kind of law that prevails in certain preliterate societies…”. On the other hand, Louis Henkin, a leading international law scholar, noted that “almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time”.

The course will allow us to consider these different views and hopefully form a view of our own. We will look at how the idea of a body of international laws has developed over time, we will review the principal sources of these laws and how the laws and their interpretation have evolved over time. We will analyze the system of constraints and incentives that these rules have created and their effect on international actors who can choose to ignore them but cannot do so always nor without costs. This will require us to focus on the relationship between legal obligations and the self-interest of states and international decision makers in general. We will try to understand the principal causes behind these actors’ “routine” compliance with international rules and identify those factors that best explain non-compliance.

Some areas of international law will be looked into in greater detail. These are areas that have developed more fully or acquired greater relevance in recent years than others: the legality of war, preemptive war, terrorism and anti-terrorist policies; foreign intervention; the treatment of prisoners; the rights of non combatants; genocide and crimes against humanity; international principles of Corporate Responsibility.

 
SUMMARY OF COURSE CONTENT:

Course topics:

-          The nature and history of International Law

-          The sources and key principles of International Law

-          The role of states and other subjects of Lnternational Law

-          Breaches of International Law and enforcement options

-          The United Nations: preserving peace and promoting human rights

-          Jus ad bellum: when is the use of force allowed under International Law

-          Humanitarian intervention

-          Human rights under International Law

-          Jus in bello: restrictions and obligations to be observed in war

-          Crimes against humanity and international criminal tribunals

-          International Law and transnational terrorism

-          Arms control agreements and non-proliferation treaties

-          Corporate Responsibility: The United Nations’ Guiding Principles on Business and Human Rights

-          The “responsibility to protect” doctrine.

LEARNING OUTCOMES:



1.    Understanding of the basic concepts of Public International Law.

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, contemporary international relations and the role played by International Law.
TEXTBOOK:
Book TitleAuthorPublisherISBN numberLibrary Call NumberCommentsFormatLocal BookstoreOnline Purchase
International law (second edition)Antonio casseseOxford university press9780199259397     
REQUIRED RESERVED READING:
Book TitleAuthorPublisherISBN numberLibrary Call NumberComments
Crimes Against Humanity (Third edition)Geoffrey RobertsonPenguin10: 1-59558-071-9 (pbk)  
Humanitarian Law and ReligionsMiscellaneous authorsLibreria Editrice Vaticana978-88-209-8306-2  
The Responsibility to ProtectGareth EvansBrookings Institution Press978-0-8157-0334-1  

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Short class exercises and class participation 25%
Midterm examination 25%
Final Examination 50%
INDEPENDENT RESEARCH PAPER (HONORS STUDENTS) ONE EXTRA CREDIT

-ASSESSMENT CRITERIA:

Assessment Guidelines for assigning main letter grades: A, B, C,D, and F.

A:  Work of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensiveknowledge 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.

B:  This 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.

C:  This is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.

D:  This 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.

F: This 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 mandatory.
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

September 3rd

THE NATURE OF INTERNATIONAL LAW

International Law (2d Edition), by Antonio Cassese (hereinafter “IL”), chapter 1.

 

September 5th

THE HISTORY AND DEVELOPMENT OF INTERNATIONAL LAW

IL chapter 2

 

September 10

FUNDAMENTAL PRINCIPLES GOVERNING INTERNATIONAL LAW

IL chapter 3

 

September 12

THE “STATE” AS THE PRIMARY SUBJECT OF INTERNATIONAL LAW

IL chapters 4 and 5

 

September 17

LIMITATIONS ON STATE SOVEREIGNTY

IL chapter 6

 

September 19

OTHER SUBJECTS OF INTERNATIONAL LAW

IL chapter 7

 

September 24

THE MAIN SOURCES OF INTERNATIONAL LAW: CUSTOMS AND TREATIES

IL chapters 8 and 9

 

September 26

OTHER SOURCES OF INTERNATIONAL LAW; THE HIERARCHY OF INTERNATIONAL RULES; JUS COGENS

IL chapters 10 and 11

 

October 1st

THE IMPLEMENTATION OF INTERNATIONAL LAW IN NATIONAL SYSTEMS

IL chapter 12

 

October 3rd

BREACHES OF INTERNATIONAL LAW

IL chapter 13

 

October 8

COMPLIANCE WITH INTERNATIONAL LAW;  DISPUTE PREVENTION AND SETTLEMENT

IL chapter 14

 

October 10

THE ENFORCEMENT OF INTERNATIONAL LAW

IL chapter 15

 

October 15

MIDTERM REVIEW SESSION

 

October 17

MIDTERM EXAM

 

October 22

THE UNITED NATIONS: STRUCTURES AND FUNCTIONS

IL chapter 16

 

October  24

THE UNITED NATIONS: SANCTIONS AND COLLECTIVE SECURITY

IL chapter 17

Review of selected articles of the United Nations Charter

 

October 29

JUS AD BELLUM: “WHEN” FORCE CAN BE USED UNDER INTERNATIONAL LAW

IL chapter 18

 

October 31st

THE “RIGHT” TO HUMANITARIAN INTERVENTION

Crimes Against Humanity: The Struggle for Global Justice ((Third Edition), by Geoffrey Robertson (“CAH”), chapter 11

 

November 5th

HUMAN RIGHTS AND INTERNATIONAL LAW

IL chapter 19

Selected readings

 

November 7

JUS IN BELLO: “HOW” WARS ARE TO BE FOUGHT (THE LAW OF WAR OR HUMANITARIAN LAW)

IL chapter 20

 

November 12

HUMAN DIGNITY AND WAR: THE JEWISH, ISLAMIC AND CATHOLIC PERSPECTIVES

Articles by Abramo Alberto Piattelli, Mohamed Amin Al-Midani and Joseph Joblin

 

November 14

TRYING THOSE ACCUSED OF CRIMES AGAINST HUMANITY

IL chapter 21

 

November 19

INTERNATIONAL TERRORISM

IL chapter 22

 

November 21ST

ARMS CONTROL AGREEMENTS; NUCLEAR NON-PROLIFERATION; THE CASE OF IRAN’S NUCLEAR PROGRAM

Selected readings

 

November 26

CORPORATE RESPONSIBILITY

“Guiding Principles on Business and Human Rights: Applying the Protect, Respect and Remedy Framework”, endorsed by the United Nations’ Human Rights Council in June 2011. See http://www.business-humanrights.org/media/documents/ruggie/ruggie-guiding-principles-21-mar-2011.pdf 

November 28

IS THERE AN OBLIGATION TO PROTECT PEOPLE FROM MASS ATROCITIES?

The Responsibility To Protect: Ending Mass Atrocity Crimes Once And For All, by Gareth Evans (“Evans”), chapter 1

 

December 3rd  

THE DEVELOPMENT OF THE “RESPONSIBILITY TO PROTECT” DOCTRINE ("R2P")

Evans chapter 2.

 

December 5

FINAL REVIEW SESSION