INTERNATIONAL LAW

Political Science 448/548, Spring 2008
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, Friday 11:30-12:30

 

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

 

Undergraduate course grades are based on a midterm exam (40%) and either a final exam or a term paper (60%). 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

 

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

 

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

 

All other assigned readings are available online in PDF format. Click the link after the reference.

 

CLASS SCHEDULE AND READING ASSIGNMENTS

 

31 Mar - 4 Apr    The Society of States and the Origins of International Law

 

• Cassese, chaps. 1-3.

 

7 - 11 Apr            Subjects of International Law

 

• Cassese, chaps. 4, 7.

• Stephen D. Krasner, Sovereignty: Organized Hypocrisy (Princeton, 1999), chap. 1. (pdf)

 

14 - 18 Apr          Sources of International Law

 

• Cassese, chaps. 8-10.
• Jack L. Goldsmith and Eric A. Posner, The Limits of International Law (Oxford, 2005), chaps. 1, 3. (pdf)

 

21 - 25 Apr          Immunity and Jurisdiction

 

• Cassese, chaps. 6, 11-12.

• Henry A. Kissinger, “The Pitfalls of Universal Jurisdiction,” Foreign Affairs 80, 4 (2001): 86-96. (pdf)

 

28 - 30 Apr          State Responsibility and Enforcement of International Law

 

• Cassese, chaps. 13-15.

 

2 May                  Midterm Exam

 

5 - 9 May             Collective Security and the Resort to Force (slides)

 

• Cassese, chaps. 16-18.
• Anthony Clark Arend, "International Law and Rogue States: The Failure of the Charter Framework." New England Law Review 36, 4 (2003): 735-753. (pdf)

 

12 - 16 May         International Humanitarian Law (slides)

 

• Cassese, chaps. 19-20.
• R. J. Vincent, Human Rights and International Relations (Cambridge, 1986), chaps. 1-3. (pdf)

 

19 - 23 May         International Law and the War on Terror

 

• Cassese, chap. 22.
• Michael Byers, "Preemptive Self-defense: Hegemony, Equality and Strategies of Legal Change." Journal of Political Philosophy 11, 2 (2003): 171-190. (pdf)
• Stephen Erikkson, "Humiliating and Degrading Treatment under International Law: Criminal Accountability, State Responsibility, and Cultureal Considerations." Air Force Law Review 55 (2004), 269-311. (pdf)

 

28 -30 May          International Crimes and Punishment (slides)

 

• Cassese, chap. 21.

• Louis V. Iasiello, "The Moral Responsibilities of Victors in War." Naval War College Review 57 (2004): 33-52. (pdf)
• Payam Akhavan, “Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?” American Journal of International Law 95, 1 (2001): 7-31. (pdf)

 

2 - 6 Jun               Environment and Development

 

• Cassese, chap. 5, 23-24.
• 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)

 

 

11 Jun, 10:15       Final Exam (undergraduate option)

13 Jun, 4:30         Term papers due

 

 

This syllabus is available online at http://web.pdx.edu/~kinsella/ps448s08.html.

Last updated on 2 June 2008