PO 4233: International Law & International Organizations Syllabus
Transcript of PO 4233: International Law & International Organizations Syllabus
PO 4233: International Law & Organizations
Professor: Susan Haynes, PhD
Contact Information: [email protected]; 865.414.4959
Office Hours: M, W, F, 3:00-5:00 and by appointment
Class Times: M, W, F 2:00-2:50
Introduction:
When Tesfay Kidane was only 14 years old, he was forced into the Eritrean army. At 22,
he escaped and fled to Israel, where he was among 46,000 other Africans seeking safe haven.
The Israeli government ultimately denied Kidane’s claim for asylum and provided him with a
one-way ticket back to Africa. Kidane later died at the hands of ISIS among other Ethiopian
Christians. Kidane’s family members understandably seek justice, but who is to blame? What
happens when a state’s government is no longer in control? Who is responsible for
rescuing/harboring another state’s citizens when this occurs? Who can or should fight non-
state actors like ISIS?
In the absence of a world government, these questions linger unanswered. In this course, we
will think about these questions and others in the context of our modern world system - a
system comprised of self-interested nation states. In particular, we will examine the role
of International Organizations (IO) and International Law (IL) in providing global order and
the extent to which IOs and IL enable states to tackle some of the world’s toughest issues
like inter and intra-state conflict, international trade, resource scarcity, and environmental
degradation.
Course Texts:
In our exploration, we’ll use the following text to guide us:
1. J. Martin Rochester, Between Peril and Promise: The Politics of International Law
(Washington: CQ Press, 2006). ISBN: 978-1608717101
2. Karen A. Mingst and Jack L. Snyder. Essential Readings in World Politics, 5th ed. (New
York: W.W. Norton & Company, 2013). ISBN: 978-0-393-92196-0
In addition to the text, I will also assign academic articles and court cases. Articles and cases
will be loaded on Blackboard for your convenience.
Promise:
By the end of the course, you will understand the tension between the
individual interest of states and the collective interest of the global community. You
will be able to identify the predominant threats facing the international community
and discuss how the community has responded to these threats with the
establishment of specific international organizations and the codification of
international law. We’ll answer some big question, but we won’t answer all questions.
Instead, I will give you the means to answer future questions. You will know how to
conduct rigorous research and discern between types of sources. Using the evidence
you collect, you will be able to construct and articulate your own answers orally and
in written form. In short, you will have the tools necessary to navigate the complex
terrain of international organizations and critically examine international events
through the optic of international law.
Ways to get there:
To fulfill the promises outlined above, you will need to take responsibility for your own
learning. More specifically, I expect you to:
Prepare for and engage in class discussion. Prepare for each class by doing the designated
readings. Read not just to check the box, but to comprehend the material. Write down
questions or concepts you need clarified. Ask these questions in class and be prepared to
discuss and answer the questions raised by others. There will be various in-class activities
that will require your participation. You will receive points for these activities. If you are
absent, you forfeit these points.
Analyze the issues. (30% of grade) All students will be required to complete three position
papers throughout the semester. They will be able to choose from six different
topics/deadlines. The hope is that you choose the topic you find most interesting and the
date most amenable to your schedule. (See Appendix A for a list of paper topics and
deadlines.) Each paper will need to be a minimum of 1000 words, single-space, 12 pt font
with a separate works cited page. All papers should be emailed AND brought to class the
day they are due.
Test your Knowledge. (60% of grade) Students will be expected to take a midterm and a
final. Each exam will be worth 30% of your final grade. Both exams will consist of a variety of
multiple choice, fill-in-the-blank, short answer, and essay questions.
Present your Research. (10% of grade) In week two, students will be asked to sign up for a
specific international organization (see Appendix C). Students will independently research this
organization and give a 20 minute presentation outlining the structure and purpose of the
organization. Supplemental material such as handouts and PowerPoints are encouraged.
Measuring your Learning:
To evaluate your learning progress (and to provide you with feedback on your learning), I will
use the following grading criteria:
A = 90-100 points
B = 80-89 points
C = 70-79 points
D = 60-69 points
F = below 59 points
The Road Ahead:
Week One (8/24): Introduction
Rochester, Ch. 1, pp. 1-15.
Rochester, Ch. 3, pp. 44-70.
The Paquete Habana 175 U.S. 677, 700 (1900)
Kenneth Abbott and Duncan Snidal. “Hard and Soft Law in International
Governance.” International Organization Vol. 54, No. 3 (2000): pp. 421-456.
Week Two (8/24) International Law & International Relations
Rochester, Ch. 2, pp. 18-46.
Hans J. Morgenthau. “A Realist Theory of International Politics.” In Politics Among
Nations: The Struggle for Power and Peace (New York: Knopf, 1948).
John J. Mearsheimer. “Anarchy and the Struggle for Power.” In The Tragedy of Great
Power Politics. (New York, Norton, 2001).
Michael W. Doyle. “Liberalism and World Politics.” American Political Science Review
Vol. 80, No. 4 (Dec. 1986): pp. 1151-1169.
Alexander Wendt. “Anarchy is What States Make of It: The Social Construction of Power
Politics.” International Organization Vol 46, No. 2 (Spring 1992): pp. 391-425.
Week Three (9/7) Creators & Subjects of International Law
“Fundamentals of International Law,” and “Sovereignty and Attributes of Statehood,” in
Economic Foundations of International Law, Edited by Eric A. Posner and Alan O. Sykes.
January 2013: Harvard University Press
Donald W. McNemar. “The Future of International Institutions.” In The Future of the
International Legal Order, Vol. 4. Edited by Cyril E. Black and Richar A. Falik. March 2015:
Princeton University Press.
Oscar Schacter. “United Nations Law.” The American Journal of International Law Vol. 88,
No. 1 (1994): pp. 1-23.
Reparation for Injuries Suffered in the Service of the United Nations ICJ Reports (1949)
Week Four (9/14) Jurisdiction
Rochester, Ch. 4, pp. 75-104.
Anthony J. Colangelo. “Constitutional Limits on Extraterritorial Jurisdiction: Terrorism
and the Intersection of National and International Law.” Harvard Law Review, Vol. 48,
No. 1 (Winter 2007): pp. 120-201.
The S.S. Lotus (France v. Turkey), 1927 PCIJ (Ser. A) No. 10
Bartle and the Commissioner of Police for the Metropolis and Others, Ex
Parte Pinochet R v. Evans and Another and the Commissioner of Police for the
Metropolis and Others, Ex Parte Pinochet R v. UKHL 17 (1999)
Recommended Reading: Henry A. Kissinger. “The Pitfalls of Universal Jurisdiction.” Foreign
Affairs Vol. 80, No. 4 (July/August 2001): pp. 86-96; Kenneth Roth. “The Case for Universal
Jurisdiction,” Foreign Affairs Vol. 80, No. 4 (July/August 2001): pp. 150-154.
Week Five (9/21) The Sea
IO Spotlight: IMO
Proclamation by President Harry S. Truman, September 28, 1945.
Elliot L. Richardson. “Power, Mobility, and the Law of the Sea.” Foreign Affairs (Spring
1980).
“Governing the High Seas: In Deep Water,” The Economist (Feb. 22, 2014).
The S.S. “I’m Alone” (Canada v. United States) ,1933
Week Six (9/28) Sky & Space
IO Spotlight: ICAO & UNOOSA
Jenifer Van Vleck. “From Open Door to Open Sky.” In Empire of the Air. (Harvard
University Press, 2013).
P.W. Quigg. “Open Skies and Open Space.” Foreign Affairs Vol. 37, No. 1 (Oct. 1958):
pp. 95-106.
Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Force against Outer Space Objects
Week Seven (10/5) Human Rights
IO Spotlight: ICC & ICJ
Rochester, Ch. 5, pp. 107-132.
Andrew Moravcsik. “The Origins of the Human Rights Regimes: Democratic
Delegation in Postwar Europe.” International Organization, Vol. 54 (2000). * pages
217-243 *
The Rome Statute , Articles I & II
Filartiga v. Pena-Irala, 630 F. 2d 876 (ed Cir, 1980)
Recommended Reading: Kenneth Roth. “The Case for Universal Jurisdiction.” Foreign Affairs,
Vol. 80, No. 5 (September/October 2001): pp. 150-154; Olympia Bekou and Robert Cryer.
“The International Criminal Court and Universal Jurisdiction: A Close Encounter?” The
International and Comparative Law Quarterly, Vol. 56, No. 1 (Jan. 2007): pp. 49-68; David
Scheffer. “The International Criminal Court: The Challenge of Jurisdiction.” Proceedings of the
Annual Meeting (American Society of International Law), Vol. 93 (March 24-27, 1999): pp. 68-
72.
Week Eight (10/12) Exam & Fall Break
Week Nine (10/19) Ways of War
IO Spotlight: UNSC & NATO
Rochester, Ch. 6, pp. 137-185.
Gareth Evans. “When is it Right to Fight?” Survival Vol. 46, No. 3 (Autumn
2004): pp. 59-82.
Taft and Buchwald. “Preemption, Iraq, and International Law.” 92 American Journal of
International Law, Vol. 92, No. 3 (2003)
Mark A. Drumbl. “Self-Defense and the Use of Force: Breaking the Rules, Making the
Rules, or Both.” International Studies Perspectives Vol. 4, No. 4 (2003): pp. 409- 431.
The Caroline Case
Hamdan v. Rumsfeld 548 U.S. 557 (2006)
Week Ten (10/26) Weapons of War
IO Spotlight: IAEA & OPCW
Legality of the Threat or Use of Nuclear Weapons (ICJ Advisory Opinion), 1996
Extrajudicial, summary of arbitrary executions (UNGA), A/68/382
Week Eleven (11/2) Humanitarian Intervention
Gareth Evans and Mohamed Sahnoun. “The Responsibility to Protect.” Foreign Affairs
(2002): pp. 99-105.
Samantha Power. “Bystanders to Genocide: Why the United States Let the Rwandan
Tragedy Happen.”
R. Goodman. “Humanitarian Intervention and Pretexts for War.” American Journal of
International Law (2006): pp. 100-107.
Week Twelve (11/9) International Trade
IO Spotlight: WTO, WB, IMF, & ILO
Rochester, Ch. 7, pp. 185-223.
Robert O. Keohane. After Hegemony: Cooperation & Discord in the World Political
Economy. {excerpt}
Week Thirteen (11/16) The Environment
IO Spotlight: UNEP & WHO
Rochester, Ch. 8, pp. 226-255.
Garrett Hardin. “The Tragedy of the Commons.” Science Vol. 162, No. 3859 (1968):
pp. 1243-1248.
Trail Smelter Case (US-Canadian arbitration tribunal)
The Appellate Court of the WTO: Summary of the Judgment on Shrimp and Sea
Turtles (1999).
Week Fourteen (11/23) Thanksgiving Break
Week Fifteen (11/30) Other Players and Other Areas
Margaret E. Keck and Kathryn Sikkink. “Transnational Advocacy Networks in
International Politics.” Activists Beyond Borders: Advocacy Networks in International
Politics. (Ithaca, NY: Cornell University Press, 1998).
Radoslav S. Dimitrov, Detlef F. Sprinz, Gerald M. Digiusto, and Alexander Kelle.
“International Nonregimes: A Research Agenda.” International Studies Review Vol. 9,
No. 2 (Summer 2007): pp. 230-258.
Week Sixteen (12/7) Catch-up & Review
Final Exam: TBD
**The schedule and assignments above are subject to change at the professor’s discretion. Any change
will be communicated in class and/or via Blackboard.**
Correspondence: Email is a quick and convenient way to communicate. To increase
efficiency, I ask that you include both your name and course name (PO 3223) in the
subject line of every email you send. Also, if your question pertains to class structure or
deadlines, check your syllabus prior to emailing. (There’s a lot of information in here!) Lastly, I
do not provide slides or notes for students who missed class, so please do not ask. It is up to
you to retrieve notes and ensure you are up to speed in the event of your absence. I will
make every effort to respond to all emails within 24 hours during the work week and within
36 hours on the weekend.
Attendance: Regular class attendance is required. If you are likely to miss classes for an
extended period of time such as a week or more, contact Professor Steve Prewitt, Associate
Provost for Student Academic Support ([email protected]; 615-966-5804). You are
expected to provide timely notification to Associate Provost Prewitt regarding any extended
absence, and may be required to provide supporting documentation for the absences.
A decision to stop attending class does not constitute dropping the course. A drop/add form
available in the Registrar's Office must be signed the professor and processed in the
Registrar's Office before the drop is official. If your name appears on the class roster at
grading time and you have not officially dropped the course, a grade will be assigned based
upon the policies outlined in this syllabus.
Open Inquiry & Civility: As an accredited institution of higher education, Lipscomb
University is committed to providing students with a superior learning experience. Pursuant
to this objective, it is critical the classroom be a place where open intellectual inquiry is
encouraged and the diversity of opinions is respected and appreciated. Please respect the
opinions of others. If you are not respectful and/or hateful, I will ask you to leave the room.
Late Work: Late work will be accepted under a 10-point per day penalty, and this
allowance will expire one week from the assigned due date. Make-up work will be
allowed only under extraordinary circumstances and at the instructor’s discretion. Any late
work must be emailed to [email protected].
Writing Help: This course requires a fair amount of writing. If this is not your strong
suit, I strongly encourage you to visit Lipscomb’s Writing Studio located in Beaman Library
141 (the Academic Success Center). The Writing Studio provides valuable one-on-one writing
assistance to students. Conferences are available by walk-in or appointment (966-6301 or
visit the ASC if the studio isn’t open). If you are in a jam (i.e. you waited until the last
minute), you can use the online proofing service paperrater.com. This is an automated
service, so it is not a substitute for personal writing help, but it might help you notice and fix
larger issues before submission.
Technology: I allow the use of laptops or tablets for taking notes in class. Everyone
learns differently, and if you learn better by typing notes during a lecture, I encourage
you to do so…but there’s a catch: If you chose this option, you are required to email me
your notes at the end of class. Your notes will need to be thorough. The use of a laptop or
tablet for other purposes (i.e. checking email, shopping, watching YouTube, etc.) is strictly
prohibited.
In order to ensure an optimal learning environment, I ask that you please refrain from using
your cell phone during class. (This means talking, texting, checking Facebook, etc.) If it is an
emergency, please politely dismiss yourself from the room prior to engaging in
conversation. The use of your phone during class time, if not an emergency, will result in a
reduction in participation points.
Academic Integrity: Lipscomb students are expected to conduct themselves with high
integrity, both inside and outside of the classroom. Academic fraud undermines this
integrity and has serious consequences. The university provides definitions and examples of
several different types of academic fraud, including unauthorized collaboration, cheating,
fabrication, multiple submission, false citation, and plagiarism. Of these, plagiarism is the
most common. Plagiarism includes, but is not limited to, copying and pasting the direct
words of someone else and not including these words in quotations marks. I am lenient on
most things, but not this. Using someone else’s words is theft. It devalues their work and it
robs you the chance of processing and learning the material yourself. Read someone else’s
words and think about them. Step away from the computer or put down the book if you
need to. Write/type your own notes and then attempt to put in your own words what the
author was saying. Then, cite the author as the original source in an in-text citation and
include a full reference in your bibliography. For a more in-depth look at the problem of
plagiarism, please read:
Trip Gabriel. Generation Plagiarism? New York Times Upfront (October 25, 2010).
http://library.standrewsde.org/lists/IdPWebPage/PlagiarismResources_files/generation-
plagiarism.pdf
Sources: You will have several writing assignments throughout the course. These
assignments will be academic in nature and thus require outside research. This means
that your papers should NOT be solely based upon your opinion. Instead, you should use
your text and other academic sources to help inform your analysis. As you write, you will need
to include properly formatted in-text citations and end references (MLA style is preferred.)
While attention should be paid to formatting, it is even more important to pay attention to
the sources you use. Not all sources are created equal! Wikipedia, for example, is not a valid
source, nor is about.com.
Extra Credit: Students may earn up to five points extra credit by attending outside
events sponsored by the Tennessee World Affairs Council (TNWAC). The Tennessee World
Affairs Council is an independent, nonpartisan, nonprofit educational charity located right
here in Nashville, and it is affiliated with the national network of similar organizations
through the national office of the World Affairs Councils of America. The goal of TNWAC is
to promote global competence in Tennessee and to this end; the organization sponsors
several events each month to encourage dialogue on global issues. To receive credit, you
must attend the event and submit a 500 word summary. (1 event = 1 point to your final
grade.) Eligible events will be announced in class and posted on Blackboard. To have all
events sent directly to your email, visit tnwac.org.
Appendix A: Paper Topics & Deadlines
Each student must write three papers for this class. There are six available topics/due dates
to choose from. I highly encourage you to complete at least one paper by the time of the
midterm.
9/11: Compliance
To the extent international law is obeyed, why is this so? How do we explain compliance with
international law when there is no authoritative “traffic cop” to enforce the rules and punish
the violations?
9/25: Universal Jurisdiction
Are states obliged to prosecute crimes under universal jurisdiction or do they just
have the option to do so? Do states have the right to grant amnesty for international
crimes subject to universal jurisdiction? Are they obliged to try to prevent such
crimes from being committed in the first place?
10/5: Cyberspace
How is the international regulation of cyberspace similar to and distinct from the regulation
of outer space? Do you foresee a convention on cyberspace in the near future? Why or why
not? What would such a convention include?
10/19: Human Rights
How should we assess the record of human rights law since World War II – very successful,
very unsuccessful, or modestly but not insignificantly successful? What rules have worked the
best? What rules have worked the least?
10/30: Civil War & Terrorism
Given the fact that the UN Charter was designed to deal mainly with the traditional problem
of interstate war, and that the most common forms of violence today are intrastate (civil war)
and extrastate (terrorism), should there be a major overhaul of the Charter provisions relating
to peace and war? Why or why not?
11/30: The Environment
How effective have global environmental regimes been in addressing ecological problems?
What have been the major successes and failures? How do we explain the successes?
Appendix B: Grading Rubric
Poor 0 -10 Points
Proficient 11 - 20 Points
Distinguished 21 - 25 Points
Grammar
(25 pts)
__________
Obvious grammatical errors & spelling mistakes throughout, making the essay very difficult to read
Numerous grammatical errors and spelling mistakes of the variety typically caught by Word Processors, including run-on sentences, sentence fragments, etc.
Relatively few grammatical errors or spelling mistakes – most often those that are not picked up by a Word Processor such as missing commas, failure to capitalize proper nouns, and/or homonyms.
Structure
(25 pts)
__________
Does not meet specified word count requirement; and/or is not properly structured (i.e. does not have an introduction or conclusion and/or is one singular block of text.)
Minor structural issues throughout such as lengthy paragraphs; lengthy quotes not put in block form, a missing thesis statement, etc.
Succinct introduction with a clear thesis statement, several supporting paragraphs of appropriate length, and a solid conclusion.
Research
(25 pts)
__________
No sources or questionable sources used – the writing either demonstrates the sole opinion of the author or relies upon information from non-academic sources (i.e. Wikipdedia, About.com, etc.)
Uses several valid sources, though does not always include full source information (ie author’s name(s), publication date, title of article, title of journal/newspaper/website & web address.
Uses several academic sources, including at least one academic journal article; All sources are properly cited in the text as well as in the reference list.
Argument
(25 pts)
__________
Off topic - Did not sufficiently answer the question presented
Answered the question, but did so by relying heavily upon the words of others. (ie repeatedly using direct quotes)
Rich in content, full of thought, insight, and analysis, incorporating and citing outside research. The author’s voice is the primary voice of the paper, and he/she primarily paraphrases –rather than quotes – the research of others.
TOTAL:
__________
Comments:
Appendix C: IO Presentation Schedule
9/11: The United Nations (UN)
9/25: The International Maritime Organization (IMO)
10/2: The United Nations Office for Outer Space Affairs (UNOOSA)
The International Civil Aviation Organization (ICAO)
10/7: The International Criminal Court (ICC)
The International Court of Justice (ICJ)
10/23: The North Atlantic Treaty Organization (NATO)
The United Nations Security Council (UNSC)
10/26: The International Atomic Energy Agency (IAEA)
The Organization for the Prohibition of Chemical Weapons (OPCW)
10/28: The International Monetary Fund (IMF)
The World Bank (WB)
10/30: The World Trade Organization (WTO)
The International Labour Organization (ILO)
11/4: The World Health Organization (WHO)
The United National Environment Programme (UNEP)
Appendix D: Information Sheet
Legal Name: ________________________________________________
Preferred Name: _____________________________________________
Major: _________________________________________________________
Year: Freshman Sophomore Junior Senior
Why did you register for this class?
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What do you expect of me as your professor?
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What type of career would you like to have?
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Please tell me anything you would like me to know about yourself (ie hobbies,
extracurricular activities, learning style, study habits, etc.)
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