INTERNATIONAL LAW

Political Science 448/548, Fall 2013
Portland State University

David Kinsella
Hatfield School of Government
Office: Urban Center Building, room 650L
Phone: 503.725.3035 | e-mail: kinsella@pdx.edu
Office Hours: Monday, Wednesday 11:30-12:30

 

Description

This course is an introduction to international public law, generally understood as the set of rules that bind the international conduct of states and nonstate actors (or ought to). Until the twentieth century, international law was largely the law of nations, but today it also encompasses rights and duties of international and transnational organizations, and even individuals. Compared to most domestic legal systems, the international legal system is primitive; there is a close interplay between law and politics in the international system. 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 that, although centuries old, is still in its formative stages of development. This, at least, is a view common among international legal theorists. Among international political theorists, on the other hand, such a view is often dismissed as utopian; any expectation that the international legal system will "mature" must confront the reality of an anarchical society of states where law will always derive from the exercise of power for political ends.

Both of these perspectives are represented in this course. Specific topics to be covered include the origins of the international legal order, the sources and subjects of international law, questions of jurisdiction and immunity, the use of force, the law of war (or what is now commonly called "international humanitarian law"), human rights, and rules for the management and preservation of the global commons.

This course is an elective for the minor in law and legal studies.

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. Course grades for graduate students are based on a midterm exam and a term paper of 25-30 pages, as well as participation in separately scheduled seminar discussions.

  

Readings

 

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

 

• Conway W. Henderson, Understanding International Law (Wiley-Blackwell, 2010).

 

Other assigned readings are available online (via the PSU library website) and in the Political Science Division's reserve reading area. In addition to the assigned readings, you should be reading, on a regular basis, the New York Times, the Washington Post, or some other newspaper with thorough international coverage. Your performance in the course will reflect your familiarity with current issues related to international law, and not just an understanding of lecture material and course readings.

Conduct and Courtesy

Students are responsible for being familiar with the PSU Student Code of Conduct, especially the section concerning academic misconduct -- that is, plagiarism or other forms of academic dishonesty. If you are unsure of the definition or consequences of academic misconduct, consult your instructor.

Because they are distracting to others, cell phones (voice or text) and MP3 players may not be used during lecture and should be turned off at the start of class. Laptops and tablets may be used to take notes, but not for email, web browsing, or social media. Electronic devices may not be used to photograph, video, or stream course lectures or discussion, but lectures may be audio recorded with permission of the instructor.

 

CLASS SCHEDULE AND READING ASSIGNMENTS

 

30 Sep - 4 Oct     Society of States and Origins of International Law

 

• Henderson, chap. 1.
• Hedley Bull, The Anarchical Society: A Study of Order in World Politics (Macmillan , 1977), chaps. 1-2.
• slides

 

7 - 11 Oct            Subjects of International Law

 

• Henderson, chap. 2.

• Robert H. Jackson, Quasi-states: Sovereignty, International Relations and the Third World (Cambridge University Press, 1990), chaps. 1-2.

 

14 - 18 Oct          Sources of International Law

 

• Henderson, chaps. 3-4.
• Michael Byers, Custom, Power and the Power of Rules: International Relations and Customary International Law (Cambridge University Press, 1999), chaps. 9-10.
• slides

 

21 - 25 Oct          Jurisdiction

 

• Henderson, chap. 5.

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

 

 

28 Oct - 1 Nov    Sovereign and Diplomatic Immunity

 

• Henderson, chap. 6.
• Daniel M. Singerman, "It's Still Good to Be the King: An Argument for Maintaining the Status Quo in Foreign Head of State Immunity." Emory International Law Review 21, 1 (2007): 413-460.

 

4 Nov                  Midterm Exam

 

6 - 8 Nov             Arms Control and Collective Security

 

• Henderson, chaps. 7.
• Anthony Clark Arend, "International Law and Rogue States: The Failure of the Charter Framework." New England Law Review 36, 4 (2003): 735-753.
• slides

 

11 - 15 Nov         Aggression and Self-Defense
 

• Henderson, chap. 8.
• Michael Byers, "Preemptive Self-defense: Hegemony, Equality and Strategies of Legal Change." Journal of Political Philosophy 11, 2 (2003): 171-190.
• slides

 

18 - 22 Nov         International Humanitarian Law

 

• Henderson, chap. 9.
• David Kennedy, Of War and Law (Princeton University Press, 2006), chaps. 1-2.
• slides

 

25 -27 Nov          Human Rights Law

 

• Henderson, chap. 10.

• R. J. Vincent, Human Rights and International Relations (Cambridge University Press, 1986), chaps. 1-3.
• slides

 

2 - 6 Dec              Environment and Development

 

• Henderson, chaps. 11-13.
• Daniel Bodansky, "The Legitimacy of International Governance: A Coming Challenge for International Environmental Law." American Journal of International Law 93, 3 (1999): 596-624.
• Bruce Gilley and David Kinsella, "Global Warring over Global Warming: The Use of Coercion to Combat Climate Change," manuscript (2013). [optional]
• slides

 

9 Dec, 12:30        Final Exam (undergraduate option)

11 Dec, 4:30        Term papers due

 

 

Materials for this course are not available on D2L. This syllabus is available online at web.pdx.edu/~kinsella/ps448f13.html and all course materials can be linked from there.

Last updated on 4 December 2013