Contemporary Issues in International Law Syllabus Fall

Transcription

1 Contemporary Issues in International Law Syllabus Fall This is a fourteen (14) week designed to provide students with the opportunity to understand how principles of International Law apply to selected current events in the international arena. The class will meet every Monday afternoon from 1:15 P.M. until 3:55 P.M. commencing Monday, August 18 and finishing Monday, November 24. The course is conducted using a lecture/seminar format where the applicable International Law principle(s) is (are) briefly reviewed and then analyzed by the seminar to determine how and why the principle(s) apply to the selected current issue(s). The syllabus is dynamic and could change in accordance with the nature of international events/crises. The syllabus can also be modified to accommodate issues of particular concern to the seminar group. Substantive material will be presented and grades will be assigned through: (1) classroom lectures and discussions, (2) assigned reading material, (3) student participation in class/seminar discussions, exercises and homework assignments, (4) daily analysis of periodicals and other materials brought in by students (5) student presentations on research projects, and (6) a final 25 page research paper turned in on the final day of class (November 24). Course Information Professor: Warren E. Small, Esq. Phone : (831) (Pebble Beach) (831) (Carmel) Address: P.O. Box 1650 Pebble Beach, CA SFO Office: Text: wessmall@redshift.com Adjunct Faculty Office Mission, Faculty Center. Office hours by special arrangement. Posted hours will be provided as appropriate. Damrosch, Henkin et al; International Law - Cases and Materials (4th Edition) The Basic Documents Supplement is recommended for ease of reference. 1 of 7

2 Syllabus Meeting/Date Topic 01 August 18 Introduction. Overview of International Law. Comparison between International Law and domestic law. Assignment: Damrosch - Chapter 1. Research Paper: General discussion of the requirements and guidelines. 02 August 25 Sources and Evidence of International Law. Understanding where International Law comes from as opposed to domestic law. Understanding the role/function of United Nations, the International Court of Justice, International Criminal Court, and international tribunals. Assignment: Damrosch - Chapter 2; skim Supplement Chapters 1 & 2. Article from a periodical students should be prepared to lead the seminar s discussion of their articles. 03 September 01 No class! Labor Day Holiday. Research Papers. Topics ed to Prof. Small. 04 September 08 Treaties and Treaty Violations. Understanding treaties as a major source of International Law and how parties enforce the provisions. Case studies will examine alleged breaches. Case study: United States: Kyoto Protocol. Case study: Iran, Pakistan, and PDRK: Nuclear Non-proliferation Treaty. Case study: United States: Torture Convention; Geneva Convention on the Treatment of Prisoners of War. Case Study: United States Medellin case. Assignment: Damrosch - Chapter 7. Vienna Convention on the Law of Treaties skim. Download and review the above-listed treaties/conventions. Research Paper: Basic Outline of Research Paper. 2 of 7

3 05- September 15 Treaties and Treaty Violations (continued). Case study: United States: Kyoto Protocol. Case study: Iran, Pakistan, and PDRK: Nuclear Non-proliferation Treaty. Case study: United States: Torture Convention; Geneva Convention on the Treatment of Prisoners of War. Case Study: United States Medellin case. Assignment: Damrosch - Chapter 7. Vienna Convention on the Law of Treaties skim. Download and review the above-listed treaties/conventions. Research Paper: Expanded Outlines Due 06 September 22 Legitimate Use of Force. Understanding when the use of force is considered to be legitimate under International Law. Case study: US-led coalition invasion of Afghanistan (2001). Case study: US-led coalition invasion of Iraq (2003). Case study: The ΑBush Doctrine. Case study: U.S. military assistance to Colombia. Case study: French military intervention in the Ivory Coast. Case study: Civil wars in Liberia, Sudan, Somalia, Nepal, East Timor. Case study: Russian involvement in Georgia (August 2008) Assignment: Damrosch - pp ; article from a periodical. Handouts from instructor. (1) The Covenant of the League of Nations (Articles, 8, 12-14, 22). (2) Kellogg-Briand Pact. (3) United Nations Charter (Articles 2.4, 51) (4) UNGA Resolution 377A (V)(1950). (5) UNGA Resolution 3314 (XXIX)(1974). (6) Inter-American Treaty of Reciprocal Assistance. 3 of 7

4 07 September 29 Legitimate Use of Force (continued). 08 October 06 International Crimes. Understanding the nature and significance of international crimes. The nature of national, international, and universal jurisdiction. Adjudication of international crimes in domestic courts, international tribunals and the International Criminal Court. the refusal of the United States to ratify the Treaty of Rome. Assignment: Damrosch: pp ; (1) ILC Draft Code of Crimes Against the Peace and Security of Mankind. (2) Rome Statute of the International Criminal Court. 08 October 13 International Crimes War Crimes. Understanding the nature of war crimes and war crimes tribunals. Evaluation of the tribunals for Yugoslavia, Rwanda, and Sierra Leone. Discussion of the status of detainees at Guantanamo Bay Cuba. Discussion on the trials of Saddam Hussein and Charles Taylor. Assignment: Damrosch: ; ; ; ; ; (#7); ; (1) Geneva Conventions I - IV and Protocols I and II. 09 October 20 Law of Armed Conflict. The nature of international and noninternational armed conflicts. The applicability of the Hague and Geneva Conventions and customary humanitarian law. Assignment: Damrosch: pp ; handouts from Prof. Small. Review Geneva Conventions I - IV and Protocols I and II. Case studies: Armed conflicts in Israel, Nepal, Chechnya, Colombia, the Philippines, Georgia (2008) and the Congo. 4 of 7

5 10 - October 27 Law of Armed Conflict (continued). The duties of an Occupying Power. Understanding whether the United States and its coalition allies fulfilled their obligations under the Geneva Conventions as an Occupying Power. Understanding the nature and seriousness of the incidents at Abu Gharib Prison. Assignment: Review: Geneva Conventions and Protocols I and II. 11 November 03 Weapons of Mass Destruction: Discussion of the Threat/Use of Nuclear, Biological, and/or Chemical Weapons. Understanding the ICJ Advisory Opinion on the Threat/Use of Nuclear Weapons. Assignment: Damrosch: pp ; 77-87; (#1); ; 949 (#1); ; ;. (1) Protocols I & II additional to the Geneva Conventions. (2) Chemical Weapons Convention. (3) Comprehensive Nuclear Test-Ban Treaty. (4) Biological Weapons Convention. (5) Nuclear Nonproliferation Treaty. (6) ICJ Advisory Opinion on the Use/Threatened Use of Nuclear Weapons. Research Papers: Student presentations. 12 November 10 Genocide: Discussion on the definition and nature of genocide and the difficulty in adjudication.. Assignment: Damrosch: pp , , , 1341 (4), , 1370 (1) U.N. Convention on the Prevention and Punishment of the Crime of Genocide (78 U.N.T.S. 277). Case studies: Darfur Region of the Sudan, Cambodia, Sbrenica. Research Papers: Student presentations. 5 of 7

6 13 - November 17 Globalism vs Regionalism. Understanding the impact/influence of regional organizations on economic development and cooperation. Use the European Union, NAFTA, and ASEAN as supranational and regional models. Assignment: Damrosch: pp Download and review the: (1) WTO Charter. (2) NAFTA (3) 1967 Bangkok Declaration establishing ASEAN. (4) Treaty of Rome establishing the European Union. Review selected handouts from Prof. Small. Research Papers: Student presentations 14 November 24 Terrorism: International Crime? Understanding state-sponsored terrorism; air terrorism; jurisdictional issues under the International Criminal Court and customary law. Assignment: Selected handouts from Prof. Small. Research Papers Due Notes on the Syllabus (1) The dynamic nature of international events may present other contemporary issues that warrant evaluation and discussion. In the event of such an occurrence, the syllabus will be changed accordingly. (2) Students wishing to discuss a particular issue not covered by the syllabus are welcome and encouraged to nominate that issue for inclusion. 6 of 7

7 Date: August 18, 2008 From: Prof. Warren E. Small To: Students enrolled in Contemporary Issues in International Law - Fall 2008 Subj: Attendance and Grade Adjustment Policies 1. This course requires regular attendance and preparation. Students who miss more than two classes, or whose absences and dates of unprepared attendance together total three or more, will have their final grade reduced by one half grade (e.g. from B- to C or A to A- ). 2. Attendance will be taken by roll call at the beginning of each class session. Additionally, a preparation sign-in sheet will be on the podium at the beginning of each class. Students who are not prepared for class shall sign in prior to the beginning of class and shall not be called upon during that particular class meeting. If a student who has not signed in is called upon and is unprepared, then it shall count as the equivalent of two (2) unprepared sign-ins. 3. Push/pull points will also be given on the basis of class participation. These may raise of lower a student s grade by one-half (0.5) points (e.g., from C to B-, or A to A- ). Warren E. Small 7 of 7