INTERNATIONAL LAW

Political Science 448/548, Summer 2009
Portland State University

David Kinsella
Hatfield School of Government
Office: Urban Center Building, room 650K
Phone: (503) 725-3035 · e-mail: kinsella@pdx.edu
Office Hours: Wednesday 9:30-10:30 and by appointment

 

Description

 

This course is an introduction to international public law, generally understood as the set of rules binding the international conduct of states and nonstate actors. Until the twentieth century, international law was largely the law of nations, but today it also encompasses the rights and duties of transnational organizations and individuals. Compared to most domestic legal systems, the international legal system is primitive; there is a close interplay between international law and international politics. The student of international law therefore confronts a host of normative and legal ambiguities—frustrating perhaps, but this is what makes the subject so interesting. Here we have a legal system in its formative stages of development.

 

Topics to be covered include the origins of the international legal order, the sources and subjects of international law, and the relationship between international law and domestic law. A substantial part of the course will examine legal rules concerning the use of military force by states, including the so-called law of war.

 

Learning Objectives

 

The general objective of this course is to develop the student’s grasp of the foundations of international law, its evolution during the twentieth century, and its role in world affairs today. By the end of the term, the student should be able to:

 

• demonstrate mastery of the main contours of international law;

• identify key historical developments and practices that have shaped the current international legal system; and

• provide a basic legal analysis of contemporary events and issues in world politics.

 

Requirements and Evaluation

 

Course grades are based on a midterm exam (40%) and a final exam (60%). The exams consist of questions requiring both short answers and longer essays. Attendance is required and participation in class discussion is expected.

  

Readings

 

One required coursebook is available for purchase at the Portland State Bookstore:

 

• Antonio Cassese, International Law, second edition (Oxford, 2005).

 

 

CLASS SCHEDULE AND READING ASSIGNMENTS

 

We will try to adhere to the following schedule, but there are sure to be deviations. Keep in mind that you are to read an entire textbook in less than four weeks, and more than half of it before the midterm; this will require a fair amount of effort outside of class time.

 

22 June        Society of States and the Origins of International Law (chaps. 1-3) 

23 June        Subjects of International Law: States and Statehood (chap. 4)

24 June        Subjects of International Law: IOs and Individuals (chap. 7)

25 June        Sources of International Law: Custom (chap. 8)

29 June        Sources of International Law: Treaties (chaps. 9-10); slides

30 June        Jurisdiction and Immunity (chaps. 6, 11-12); slides

1 July           State Responsibility and Enforcement (chaps. 13-15)

2 July           Midterm Exam

6 July           The UN and Collective Security (chap. 16); slides

7 July           Collective Security in Practice (chaps. 17-18); slides

8 July           Use of Force and International Terrorism (chap. 22); slides

9 July           International Humanitarian Law: Law of War (chap. 20); slides

13 July         International Humanitarian Law: Human Rights (chap. 19)

14 July         Prosecution of International Crimes (chap. 21); slides

15 July         International Law, the Commons, and Development (chaps. 5, 23-24); slides

16 July         Final Exam

 

 

This syllabus is available online at http://web.pdx.edu/~kinsella/ps448a09.html.

Last updated on 15 July 2009