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JOHN CABOT UNIVERSITY

COURSE CODE: "PL 320"
COURSE NAME: "Public International Law"
SEMESTER & YEAR: Spring 2015
SYLLABUS

INSTRUCTOR: Pamela Harris
EMAIL: [email protected]
 HOURS: TTH 11:30 AM 12:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS: MW 9-11, TTH 3-4
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 their limits? What are the moral, legal or 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 and human rights  will be given special attention. We will look closely at international law issues raised by current events – for example, conflicts between Russia and the Ukraine, Israel and Gaza, the U.S. and ISIS, as well as the tension between international law and state practice in confronting terrorism, nuclear proliferation, individual criminal liability for violations of international law. We will look at the role of non-state actors - businesses, civilians, advocacy organization - as interested parties in an international legal order. In the end, students will be able to critically discuss the strengths and weaknesses of international law in contemporary state practice and advocacy.
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. 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:
NONE
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
2 midterm exams 75-minutes of essays and reading comprehension. 15% each
Final Examination2 1/2 hour comprehensive exam consisting of an issue spotter and multiple essay questions.30%
Class participationCome to class, be prepared, pay attention, listen to others and contribute.10%
Research Paper8-10 page research paper on an international law topic, chosen by student in consultation with the instructor.20%
2 in-class exercisesIn-class debates on a specific topic. Your evaluation will be based on your written contribution to the moodle forum and contribution to the discussion. 5% each

-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 resolutio
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 10% of your final grade. You get two "free" absences (no excuse necessary), 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 I            Introduction                                                     
Glennon, Why the Security Council Failed
Koh, The Obama Administration and International Law

Week II            Sources of IL: custom
Shah, International Law, ch. 3, pp. 69-89

The Paquete Habana

 In-class exercise #1

Week III         Jus cogens 

            Shaw, International Law, ch. 3, pp. 123-127

            Kadi v. Council of the European Union

            de Burca, The ECJ and the International Legal Order After Kadi

EJIL Kadi discussion 2013-1

Week IV          TreatiesShaw, International Law, ch. 3, pp. 93-98

Vienna Convention Reservations Handout

Human Rights Council, General Comment No 24

Week V           International Legal Personality, Territory

Aust, Handbook on International Law, pp. 15-41   Midterm Review                           

Week VI         Midterm #1 

In the following, more current-events oriented part of the class, recommended readings will be addressed to our interests at the time.

Weeks VI-VIII  Jus ad bellum

Aust, Handbook on International Law, pp. 223-232

Iraq War, Bush Doctrine: Robertson, pp. 728-748

Humanitarian Intervention: Robertson, pp. 781-836

Self-Defense (terrorism): Robertson, pp. 670-679

In-class exercise #2 

Weeks IX-X    Jus in bello

Geneva Conventions

General: Robertson, pp. 292-312; Kennedy, Lawfare and Warfare;

McMahan, Rethinking the Just War

US Occupation of Iraq: Robertson, pp. 756-771

Guantanamo: Robertson, pp. 679-690

Targeting killings: Robertson, pp. 691-707;

Heymann and Blum, ch. 4;

Department of Justice White Paper

Weapons: Robertson, pp. 313-332

Midterm Review 

Week XI         Midterm #2

Weeks XI-XII  International Criminal Law; universal jurisdiction and immunity                                      

Robertson, chs. 6 - 11 

Weeks XIII-XIV   Human Rights                                          

Robertson, ch. 1-4

            Kennedy, Are Human Rights Part of the Problem?

 Final Review