PO 4233: International Law & Organizations

Professor: Susan Haynes, PhD

Contact Information: sthaynes@lipscomb.edu; 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 (steve.prewitt@lipscomb.edu; 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 sthaynes@lipscomb.edu.

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?

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

What do you expect of me as your professor?

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

What type of career would you like to have?

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

Please tell me anything you would like me to know about yourself (ie hobbies,

extracurricular activities, learning style, study habits, etc.)

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________