INTERNATIONAL LAW
Political Science 448/548, Spring 2005
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: Monday & Wednesday 1:30-3:00
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 still in its early stages of
development.
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
Undergraduate course grades are based on a midterm exam (35%)
and either a final exam or
term paper
(65%). The exams consist of questions requiring both short answers and longer
essays. The term paper requires a significant research effort and a 15-20 page
analysis.
Graduate course grades are based in a midterm exam and a term
paper of 25-30 pages. During the last week of the term, graduate students will
give oral presentations summarizing the preliminary findings and argument of
their research.
For all students, attendance is required and participation
in class discussion is expected.
Readings
Two required coursebooks are available for purchase at the
Portland State Bookstore:
- David
J. Bederman, International Law
Frameworks (2001).
- Jackson
Nyamuya Maogoto, War Crimes and
Realpolitik: International Justice from World War I to the 21st Century
(2004).
Other than these two coursebooks, all assigned readings are
available online either in PDF or HTML format. Click the link after the reference.
CLASS SCHEDULE AND
READING ASSIGNMENTS
28 Mar – 1 Apr Sources
of International Law
- Anne-Marie Slaughter Burley, “International
Law and International Relations Theory: A Dual Agenda.” American Journal of International Law
87, 2 (1993): 205-239. (pdf)
- Harold
Hongju Koh, “On American Exceptionalism.” Stanford Law Review 55 (2003): 1479-1527. (html)
4-8 Apr Subjects of
International Law
- Hans Kelsen, “Recognition in International
Law: Theoretical Observations.” American
Journal of International Law 35, 4 (1941): 605-617. (pdf)
- Louis
B. Sohn, “The New International Law: Protection of the Rights of
Individuals Rather than States.” American
University Law Review 32 (1982): 1-64. (html)
11-15 Apr Jurisdiction and Immunity
- Amnesty
International, Universal
Jurisdiction: The Duty of States to Enact and Implement Legislation,
chap. 2 (September 2001). (pdf)
- Henry
A. Kissinger, “The Pitfalls of Universal Jurisdiction,” Foreign Affairs 80, 4 (2001): 86-96.
(html)
18-22 Apr International
Organization
- Bardo
Fassbender, “The United Nations Charter As Constitution of The
International Community.” Columbia
Journal of Transnational Law 36 (1998): 529-619. (html)
- Frederic L. Kirgis, Jr., “The
Security Council's First Fifty Years.” American Journal of International Law 89, 3 (1995): 506-539. (pdf)
25-27 Apr Law and Common
Areas
- Bederman,
chap. 10-13.
- T.
O. Elias, “The Doctrine of Intertemporal Law.” American Journal of International Law 74 (1980): 285-307. (http)
- Daniel
Bodansky, “The Legitimacy of International Governance: A Coming Challenge
for International Environmental Law.” American
Journal of International Law 93, 3 (1999): 596-624. (pdf)
29 Apr Midterm
Exam
2-6 May Aggression
and Intervention
- Bederman,
chap. 18-19.
- Louis
Henkin, “Kosovo and the Law of ‘Humanitarian Intervention’.” American Journal of International Law
93 (1999): 824-828. (pdf)
- Mark
A. Drumbl, “Self-Defense and the Use of Force: Breaking the Rules, Making
the Rules, or Both?” International
Studies Perspectives 4, 4 (2003): 409–431. (pdf)
9-13 May Laws of War
- Bederman,
chap. 20.
- Maogoto,
chaps. 1-3.
- Chris
af Jochnick and Roger Normand, “The Legitimation of Violence: A Critical
History of the Laws of War.” Harvard
International Law Journal 35, 1 (1994): 49-95. (html)
-
Andrew Sullivan, “Atrocities in Plain Sight.” New York Time Book Review, 23 January 2005. (html)
-
Excerpts from the Hague Law and Geneva Law. (pdf)
16-20 May International
Criminal Law
- Maogoto,
chaps. 4-8.
- David
J. Scheffer, “Staying the Course with the International Criminal Court.” Cornell International Law Journal
35 (2001): 47-100. (html)
- Payam
Akhavan, “Beyond Impunity: Can International Criminal Justice Prevent
Future Atrocities?” American Journal
of International Law 95, 1 (2001): 7-31. (pdf)
-
Excerpts from the Nuremberg Tribunal’s Charter and Judgment. (pdf)
23-25 May Human Rights Law
- Bederman,
chap. 9.
- Andrew
Moravcsik, “The Origins of Human Rights Regimes: Democratic Delegation in
Postwar Europe.” International
Organization 54, 2 (2000): 217-252. (pdf)
- Makua
Mutua, “Savages, Victims, and Saviors: The Metaphor of Human Rights.” Harvard International Law Journal
42 (2001): 201-245. (html)
- Adamantia
Pollis, “Cultural Relativism Revisted: Through a State Prism.” Human Rights Quarterly 18, 2
(1996): 316-344. (html)
27 May – 3 Jun Research
Reports (graduate students)
9 Jun, 12:30-2:20 Final
Exam (undergraduate option)
This syllabus is available online
at http://web.pdx.edu/~kinsella/ps448s05.html.
Last updated on 18 May 2005