INTERNATIONAL LAW POLSCI 3083 FALL 2010 PROF DR

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Introduction to International Relations

International Law

Pol-Sci. 3083 -- Fall 2010


Prof: Dr. Geoffrey Whitehall

Course: Political Science 3083

Time: Tuesdays and Thursdays 10:00-11:30 in BAC 206

Office: BAC 215

Office Hours: Tuesday and Thursday 11:30-12:00, Thursday 1-2 pm or by appointment

Contact: [email protected] Phone: 902-585-1288

Website: http://www.acadiau.ca/~gwhiteha/site/Welcome.html


INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Course Description:

This course explores the problem of International Law (IL). It is being called a problem because IL is not a single thing, institution or framework. Initially, treating IL as a problem reveals a series of persistent technical questions: How should it be enforced? How should it be generated? To whom or what does IL apply? How should it be applied? In what forms is IL reproduced? Does international law even exist? When International Law is treated as a problem other important concepts are also thrown into the limelight. When international law is put into conversation with questions about Authority, Sovereignty, Rights and Justice the very nature of the international system, world politics and humanity’s future(s) is opened to investigation. Does the rule of law conflict with championed ways of collectively being together? Does the rule of law affirm particular concepts of being human (a particular patrimony) at the cost of other ways of being in the world? How should the problem of power be reconciled with the legitimacy of international law? These kinds of questions invited a reflexive understanding of the origins and contexts in which international law emerged. Exploring the intellectual roots of contemporary concepts can supply us with new tools and diverse perspectives on persistent problems (we hope). In the end, the design of the course weaves together these three lines of questioning to create a braided exploration of a perplexing problem: the violence of law that suppresses violence.


Course Expectations:

I hope to use an interactive format for this course. This is a pedagogy that I find most open, flexible and rewarding. What this means, however, is that each class will, to varying degrees, rely on your participation. Generally, I will give an introductory lecture on the topic that we are examining and explore some of the controversies that provide the context for the week’s readings. Since we are engaging with the world(s) around us, I hope to provide an atmosphere that is sensitive to interests that emerge in the class and are not limited to any pre-defined topics or problems. Therefore, the second half of the class commonly requires that I move into a facilitating role, encouraging questions, helping develop your arguments further and taking up missed opportunities etc.…

This course aims to develop your skills of critical reading and critical writing. Critical reading and writing implies reflecting upon the background workings of a text. In other words, what makes this or that claim possible? Political understandings are often buried in these background workings and in this course you have to be able to find them there. This means, as you will see, more than simply reading a text or writing a paper. It means critically engaging with the text, pulling it apart and putting it back together (sometimes in new ways). You should, therefore, always be striving in your written work, and coming to class prepared to: 1) propose an interpretation of the texts; 2) identify the central issues or conflicts that exist in the texts; 3) evaluate the "authors" tactics; 4) investigate the implications of the arguments; and 5) relate your ideas to ideas presented by other students and to the world(s) around you. Your success in this course, and the success of the course for everyone else, depends on your readings of the texts. This means that keeping up with the readings is essential for the class to function and be rewarding for everyone.


In order to make this class work, everyone must enter these classes with an ethic of mutual respect and openness. The point of the class is neither to "win" arguments nor to "passively" receive information. This course will likely raise people’s emotions so please remember that we are all trying to figure things out and that NO personal attack are rewarding or helpful. We all have differing degrees of shyness and differing approaches to engaging with issues, so it is important that we all participate in active listening.

Course Assignments:

  1. Professionalism: I have hesitantly given participation and attendance marks in the past. This year I will offer marks based on your professionalism instead. Professionalism assumes attendance and participation. It also includes punctuality, demeanor, attire and attentiveness. It demands that you engage your colleagues and respect the university’s purpose. The bulk of the mark still rests with your participation. However, professionalism heightens participation since it emphasizes a kind of care and respect directed towards your current vocation: learning. As such, participation in the context of a university course requires that you prepare before you speak – do the readings and use your journal (see below). Participation should be understood as making a contribution to the class by making an argument (with supporting evidence), helping a colleague develop their argument and/or posing a counter argument (with supporting evidence). Participation requires offering reflective contributions that engage the course materials (i.e., being opinionated is not participation since it requires neither listening to nor communicating with others). A stellar contribution is one that develops your opinion into an argument rooted in evidence from the course texts or other verifiable sources. A 10% grade assigned at the end of the course. Be prepared since, in the future, your professionalism will not be evaluated within a learning environment.


  1. Weekly Journals: You will be required to write an engaging reflection on the week’s readings. The journals are really the most important part of the course because it is where you get to take your ideas and understanding seriously-- so treat the journal seriously. The journal is like a critical review. A critical review both summarizes and critically engages with the readings (see expectations). The journal should be a single spaced page. Start with a contemporary example from the news that frames an important argument or concept from the readings. Develop a question from that case. Then answer the question citing specific evidence from the text that builds your argument into a single critical reflection. This second part is neither a further space for explanation and summarization nor a space for unsupported options. It is a space for logical argumentation and concrete development of ideas. The journal will be graded on a pass/fail basis. Due Thursdays at the beginning of class – keep a copy for yourself. Late and emailed journals will not be accepted. Journals will make up 20% of your final grade.


  1. Papers: By this time in your university career you have all written papers. However, the quality of a third year politics paper is different than a second or first year paper and emphasizes specific things. As you might expect, your paper is expected to have proper grammar, spelling, punctuation, citations and formatting. You are also expected to develop an argument. Your papers are not to be descriptions. They should be arguments that explore and develop a series of interrelated claims. These claims should be rooted in evidence that you provide in your paper. As such, you will be evaluated on the depth and originality of your argument (not simply if you have one) and your argument will be evaluated against the quality of the evidence and insight you provide in your paper. Emailed papers will not be accepted – unlike the real world where you would just be fired, there will be a one grade point reduction per day that the assignment is late.


  1. Research Paper 1: 1) Make a claim about a contemporary issue that has an international law dimension; 2) Explain the essence, history and complexity of the issue using at least 5 peer refereed sources; 3) Using other appropriate documents, explain the most recent decisions concerning the legal issue (i.e. resolutions, key statements etc…); 4) Reflect on how these positions were produced; and 5) Make a claim about the future of the decision and how this squares with your original claim about the issue. The paper should be five-pages long, double-spaced. It should have all the attributes of a third year paper (proper formatting, citations, proofreading, argumentative structure, evidence and joy). Emailed papers will not be accepted – one grade point reduction per late day. Due: Friday October 8th by 4pm.

  2. Research Paper 2: Using the course texts to date make an argument that explores a paradox that persists in international law. Relate this paradox to a theoretical conversation concerning the origins of International Law. Emailed papers will not be accepted – one grade point reduction per late day. Due: November 15th by 4pm.

  3. Paper 3: Choose one of the great trials in international law. Using your research on this trial, the course texts and other relevant literature, think about the status the following concepts: Humanity, Violence and the Law. How has this trial changed our understanding of these concepts? Due December 6th by 4pm


Grading System:


Percentage

94-100

87-93

80-86

77-79

73-77

70-72

67-69

63-66

60-62

57-59

53-56

50-52

<50

Letter Grade

A+

A

A-

B+

B

B-

C+

C

C-

D+

D

D-

F

Description

Outstanding in every way

Exceeding expectations

Excellent work

Very good

Good work

Solid performance

Average

Satisfactory

Barely satisfactory

Marginal

Marginally passable

Barely passable

Unsatisfactory



Course Assessment:

  1. Participation –10%

  2. Journals – 20%

  3. Research Paper 1 – 15%

  4. Research Paper 2 – 25%

  5. Research paper 3 – 30%


INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

A Note about Plagiarism:

Acadia does not tolerate plagiarism; instead, it recognizes the responsibility of the individual student for her/his own education and assumes honesty and integrity in all academic work at the University. This assumption is the foundation of all intellectual efforts and lies at the heart of this community. In matriculating at Acadia, each student accepts the responsibility to carry out all academic work with complete honesty and integrity and supports the application of this principle to others. Plagiarism and other violations of this principle invite punishment. The adoption or reproduction of ideas or words or statements of another person as one’s own, without due acknowledgment, is considered plagiarism and violates this principle. Citing of false or non-existent sources is also a violation. Submission of the same or similar papers or academic exercises to two different courses for a grade without the explicit permission of the instructors in both courses is prohibited. If you are suspected of either cheating or plagiarism and you cannot prove otherwise, you will receive and “F” in the course. All incidences of plagiarism and cheating will be sent to the University administration and may result in expulsion.


Writing, Tutorial and Disability Services (and a good example of Plagiarism):

The mission of the Acadia Writing Centre, a key component of the new Fountain Learning Commons, is to help students become the best writers they can be.  The Acadia Writing Centre offers a range of services geared to your particular needs and you are encouraged to use the Centre as often as you like. Sign up for tutorials, workshops and presentations, browse through our resource library, and hang out in the Great Hall. Writing tutorials begin at the beginning of term so book early to make sure you get the help you need to succeed in your courses! The Acadia Tutoring Service strives to ensure that all Acadia students have access to the services to enable them to achieve academic success.  They help by connecting them with peer tutors who have a strong background in the areas where they need assistance. They offer both one time (i.e. help with a particular assignment) and long term (i.e. week/biweekly) tutoring sessions.  Acadia tutoring services also acts as a referral service to additional academic resource that are available to students. If you are a new student with a disability at Acadia, make an appointment to meet the Academic Support Coordinator at the Student Resource Centre. If you have not already done so, bring a copy of your assessment. You may also want to visit the Disability Resource Facilitator to discuss external funding, equipment loans and on site services such as tutors, note takers, scribes or assistive technology.


INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Required Texts:


  1. O'Connell, Mary Ellen The Power and Purpose of International Law

(Oxford University Press)                 

  1. Tuck, Richard The Rights of War and Peace: Political Thought and the International Order from Grotius to Kant (Oxford University Press)

  2. Reus-Smit, Christian The Politics of International Law (Cambridge University Press)

  3. Belgrade Circle The Politics of Human Rights (Verso)

  4. Simpson, Gerry Law, War and Crime: War Crimes Trials and the Reinvention of International Law (Polity Press)

  5. Morgan, Ed The Aesthetics of International Law (University of Toronto Press)


INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR


Schedule:


WEEK 1 – Introduction

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR


Thursday: Introductions


WEEK 2 General Enforcement Frameworks

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: The Power and Purpose of International Law p.1-57              


Thursday: The Power and Purpose of International Law p.58-150


WEEK 3 – Contemporary Practice in International Law

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: The Power and Purpose of International Law p.151-265


Thursday: The Power and Purpose of International Law p.266-371


WEEK 4 – International Political Theory - International LawINTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: The Rights of War and Peace p.1-50


Thursday: The Rights of War and Peace p.51-107


WEEK 5 – International Political Theory - International Law

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR


Tuesday: The Rights of War and Peace p.108-165



Thursday: The Rights of War and Peace p.166-234



WEEK 6 – Politics of International Law

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: The Politics of International Law p.1-80


Thursday: The Politics of International Law p.81-151



WEEK 7 – More Politics of International Law

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: The Politics of International Law p.152-217


Thursday: The Politics of International Law p.217-290

WEEK 8 – Applied International Law -- Human Rights

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: The Politics of Human Rights p.1-50


Thursday: The Politics of Human Rights p.51-120

WEEK 9 – Applied International Law -- Human Rights

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: The Politics of Human Rights p.121-181



Thursday: The Politics of Human Rights p.182-245

WEEK 10 – Applied International Law -- Human Rights

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: The Politics of Human Rights p.245-281



Thursday: The Politics of Human Rights p.281-349

WEEK 11 – Reinventing International Law

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: Law, War and Crime p.1-78



Thursday: Law, War and Crime p.79-180



WEEK 12 – Narrating International Law

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

Tuesday: The Aesthetics of International Law p.3-94



Thursday: The Aesthetics of International Law p.95-177



WEEK 13 – Review

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR

INTERNATIONAL LAW POLSCI 3083  FALL 2010 PROF DR


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Tags: international law, of international, international, polsci