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JOHN CABOT UNIVERSITY
COURSE CODE: "PL 320-1"
COURSE NAME: "Public International Law"
SEMESTER & YEAR:
Spring 2014
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SYLLABUS
INSTRUCTOR:
Pamela Harris
EMAIL: [email protected]
HOURS:
TTH 10:00 AM 11:15 AM
TOTAL NO. OF CONTACT HOURS:
45
CREDITS:
3
PREREQUISITES:
OFFICE HOURS:
MW 9-11, TTH 3-4
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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 legitimacy of a US intervention in Syria, 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.
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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
9. International Law in National Legal Systems
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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.
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TEXTBOOK:
| Book Title | Author | Publisher | ISBN number | Library Call Number | Comments | Format | Local Bookstore | Online Purchase |
| Crimes Against Humanity | Geoffrey Robertson | The New Press | 978-1-59558-863-0 (ebook) | | | | | |
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REQUIRED RESERVED READING:
RECOMMENDED RESERVED READING:
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GRADING POLICY
-ASSESSMENT METHODS:
| Assignment | Guidelines | Weight |
| Midterm Assignment | We will hold a mock trial, in which you will participate as lawyers and judges. You written submission will consist of a 5-7 page legal brief (lawyers) or opinion (judges). | 20% (written) + 10% (oral) |
| Final Examination | 2 1/2 hour comprehensive exam consisting of an issue spotter and multiple essay questions. | 25% |
| Class participation | Come to class, be prepared, pay attention, listen to others and participate in mini-research questions, class debates and exam reviews | 10% |
| Research Paper | 12-page research paper on an international law topic, chosen by student in consultation with the instructor. | 35% |
-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 cours
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:
Class Participation, for which Attendance is fundamental, is 15% of your final grade. You get two "free" absences, after which they will start to pull down this part of your grade.
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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.
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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.
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SCHEDULE
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Week 1 Introduction
Glennon, Why the Security Council Failed;
Kennedy, Is International Human Rights Still Part of the Problem? (recommended)
Weeks 2 and 3 Sources of IL: custom, jus cogens, treaties
Charlesworth, Law-making and Sources, in Crawford & Koskenniemi, The Cambridge Companion to International Law, ch. 8;
ECJ, Kadi Case
Vienna Convention Reservations Handout;
Epps pp. 55-65; 80-82 and 84-85
Week 4 International Legal Personality
Cassese chapter 11, pages 71-80;
Epps chapter 7, pages 276-277; 285-291
Weeks 5 and 6 Jus ad bellum
Epps, pp. 385-416
Robertson (2013) pp. 733-756 (Toppling Tyrants: The Case of Saddam Hussein); 781-817 (The Guernica Paradox)
Weeks 7 and 8 Mock trial preparation and argument
Week 9 Jus in bello
Kennedy, Lawfare and Warfare, in Crawford & Koskenniemi, The Cambridge Companion to International Law, ch. 7;
Robertson, ch 5, pp. 756-780 (Occupation of Iraq); cluster weapons debate
Week 10 Int’l Criminal Law
Robertson, chs. 6 - 11
Week 11 Jurisdiction and Immunity
Robertson, ch. 8
Week 12 Human Rights
Robertson, ch. 1-4
Week 13 International Law in National Courts
Feldman, When Judges Make Foreign Policy
Kumm, Constitutional Democracy Encounters International Law: Terms of Engagement
Week 14 Finale and review
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