International law prohibits the use of force and defines what is acceptable self-defense; it regulates the treatment of enemy soldiers and prisoners in war; it imposes obligations on governments with respect to the treatment of their own citizens; it creates remedies for states and individuals whose rights are violated; it regulates trade, finance and environmentally sensitive activities; it prohibits discrimination on the basis of gender, race and religion and sets minimum standards for the administration of the death penalty.

International law therefore plays an important role in international relations, domestic politics and the development of political culture. Conversely, international law is heavily influenced by the political, social and cultural context in which it develops. This makes it sometimes difficult to define its exact boundaries. 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 rubric of international law ? 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 by scholars of different persuasions. Hans Morgenthau, the dean of American international relations “realists”, admitted that something called international law existed but pointed out that it was not very effective at either regulating or restraining the struggle for power among nations. 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 assessments 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. 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, self-defense and preemptive war, terrorism and anti-terrorist policies; humanitarian intervention; the treatment of prisoners; the rights of non combatants; genocide and crimes against humanity.

The following is a list of the topics that we will cover in this course:

• The nature and history of international law

• Sources of international law

• Subjects of international law

• Jurisdiction and immunities

• Individual rights and obligations under international law

• State responsibility, defenses, and consequences

• The international Court of Justice and other international courts

• Sanctions, countermeasures and collective security

• The incorporation of international law into domestic legal systems

• Jus ad bellum: when is the use of force allowed?

• Jus in bello: the law of war

• Human Rights

• The Death Penalty under international law

• The Nuremberg Trials, individual criminal responsibility and the International Criminal Court

• Ad hoc and hybrid tribunals

• Humanitarian military intervention

• The Law of the Sea

• Global economic relations and international law

The course is intended to introduce us to International Law, and help us better appreciate its role in shaping international as well as domestic events. In particular we hope to:

1. Learn how International Law is created, what are its different forms, how violations are identified and what are the available means of enforcement:

2. Develop the ability to use International Law principles and rules to build arguments in favor and against the legality of certain types of international as well as domestic actions;

3. Analyze the interplay between legal rights and duties on the one hand, and national interest on the other; and

4. Enrich our understanding of contemporary international relations by studying the influence exercised by International Law on national decisions-makers and international organizations.