International Law Professor Denise Garcia Ph.D. in International Relations & International Law, University of Geneva Political Science Department and International Affairs Program College of Social Sciences and Humanities 2016 Outstanding Teaching Award Northeastern University Fall 2017 Meets at Shilmann 325 Mondays and Wednesdays, 2:50-4:30 (be on time!) POLS 3406 Office and advising hours (Please show up, no need to e-mail): In my office at Renaissance Park 2 nd Floor: Wednesdays: 5:00-7:00 pm No office hours: October 11 and November 15 Extra Office hours: Sept. 19 3-4 pm, Oct. 3 11-12 noon, Nov. 2 3:30-4:30, Dec. 5 3-4 pm (If these times do not work for you, please schedule a meeting time in person after class) Twitter: @DeniseGarcia100 [email protected]Class Assistant: Maria Virginia Olano Velasquez ([email protected]) Security and Resilience Studies Master Student, class of 2017 Professor Denise Garcia Denise is Associate Professor in the Department of Political Science and the International Affairs 1
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International Law
Professor Denise GarciaPh.D. in International Relations & International Law, University of Geneva
Political Science Department and International Affairs ProgramCollege of Social Sciences and Humanities
2016 Outstanding Teaching Award
Northeastern UniversityFall 2017
Meets at Shilmann 325Mondays and Wednesdays, 2:50-4:30 (be on time!)
POLS 3406
Office and advising hours (Please show up, no need to e-mail):
In my office at Renaissance Park 2nd Floor: Wednesdays: 5:00-7:00 pm
Class Assistant: Maria Virginia Olano Velasquez ([email protected])Security and Resilience Studies Master Student, class of 2017
Professor Denise Garcia Denise is Associate Professor in the Department of Political Science and the International Affairs program at Northeastern University in Boston. She researches on International Law, global governance of security, and the formation of new international norms and their impact on peace and security. Garcia teaches the annual course titled Global Governance of International Security & the World Politics of Diplomacy at the United Nations in Geneva, in cooperation with the United Nations Institute for Disarmament Research among other partners. In 2016, she testified to the United Nations on the question of lethal autonomous weapons and their impact on peace and security. Author of Small Arms and Security - New Emerging International Norms, and Disarmament Diplomacy and Human Security - Norms, Regimes, and
Moral Progress in International Relations. Her articles have appeared in Foreign Affairs, the European Journal of International Security, International Affairs, Ethics & International Affairs, Third World Quarterly, Global Policy Journal, International Relations, and elsewhere. She is proud to have held the title: Sadeleer Family Research Faculty at Northeastern (2011-2016). Prior to joining the faculty of Northeastern University in 2006 (tenured in 2013), Garcia held a three-year appointment at Harvard, at the Belfer Center for Science and International Affairs, and the World Peace Foundation’s Intra-State Conflict Program. She holds a Ph.D., International Relations and International Law— Institut des Hautes Études Internationales et du Développement (Graduate Institute for International Studies and Development), University of Geneva, Switzerland, 2006; an M.A., International Relations and International Law — Institut des Hautes Études Internationales et du Développement (Graduate Institute for International Studies and Development), University of Geneva, Switzerland, 2000 and a B.A., International Relations — University of Brasilia, Brazil, 1994.She lived for several years in Geneva and worked at the United Nations and other international organizations. She is the vice-chair of the International Committee for Robot Arms Control, a member of the Academic Council of the United Nations and the Global South Unit for Mediation in Rio de Janeiro. A native of Brazil, Garcia is a devoted yogi, her hobbies include travel and surfing. Please visit her page on Foreign Affairs: https://www.foreignaffairs.com/authors/denise-garcia
Leaning Outcomes-Students will understand how to develop international legal reasoning and apply it to concrete issues of world politics.-Students will gain practical writing and research skills by completing all assignments, and feel empowered by learning to work in pairs and teams. -Students will develop an in-depth understanding of several key global cooperation problems throughout the semester, culminating in the proposal of practical international legal solutions.
Rationale and Aspirations This course will introduce central issues in contemporary public international law. Among the topics we will discuss are: treaties, customary law, the role of states and other actors in international law and how this affects their behavior in the international scene, statehood, citizenship, self-determination, diplomatic recognition, and key institutions such as the United Nations, its Security Council and international courts. Unlike a traditional law course we will not shy away from the politics of international law and inter-state relations.
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This course is an introduction to public international law for students of international relations and other disciplines. The primary purpose of this course is to enhance students' understanding of the ways in which international law orders international politics:
How, and to what extent, has it been used in resolving conflicts between nations?
How, and to what extent, has it facilitated the achievement of common goals?
What is the relationship between international law and states' foreign policies?
We will examine the relationship between law and politics, developing and assessing theories as to why international law operates as it does, and explore historical episodes that illustrate these issues. This course will analyze the contemporary application of international law vis-à-vis important turning points in international relations such as the United States’ use of force in Afghanistan and Iraq; the issue of war crimes and the formation of an International Criminal Court; legal issues related to international terrorism; and the development of international human rights law.
This course will also investigate the tenor of the New Normative Order and its Foundational Humanitarian Norms:
Without a doubt we live in an era where moral and ethical progress can be seen through centuries of the formation of commonly agreed global norms of behavior among states. Some behaviors that were considered normal, such as piracy, torture, slavery, and imperial annexation are now prohibited under International Law.
The origins of International Law can be traced back to two motivations and desires that drove state behavior. One was the regulation of their long-distance communications and transport across the seas and the other was the regulation of acceptable behavior during war. The first regulations regarding freedom of the seas rose during the 17th century and the first multilateral regulations vis-à-vis the global governance of telecommunications and postal services appeared around 1865 with the formation of the International Telecommunications Union in Geneva. The establishment of the Universal Postal Union took place in 1874 also in Switzerland, but this time, at the capital Bern. Concomitantly, also in
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Switzerland, the International Committee of the Red Cross was created in 1864. This simultaneous historic development marks the establishment of an organization of international character that oversaw the creation of the first multilateral constraints on the waging of war.
Therefore, two different desires motivated states at the onset of the creation of International Law: one was spurred by a logistical motivation to coordinate movement and flows of communications. The other was an aspiration and an ambition to create standards of legitimacy regarding actions during war during war aimed at reducing the horrors of conflict: provide care for sick and wounded military personnel, regardless of nationality; and recognize of the neutrality of medical personnel, hospitals and ambulances.
The modest origins of International Law were advanced a few decades later by the creation of the United Nations in 1945. This crucial episode in the history of humanity created the essential framework for peace and security that spawned new global norms for further restrictions on war and especially, for the humane treatment of human beings. The United Nations Charter contains the first mentions of “human rights,” an idea for which the time had come. The UN Charter therefore contains some of the most fundamental new norms: the prohibition of the use of force, the Security Council as the chief arbiter of peace and security (transforming international relations from being purely of coordination to acquiring a subordination nature), the initial contours for the protection of the dignity of the human being as a basis for peace and prosperity in the world. This new legal framework gave rise to the 1948 Universal Declaration of Human Rights (UDHR) and the 1949 Geneva Conventions. These developments heralded a new era for humanity, now under the certainty and predictability of International Law. It is noteworthy how the further refinements in IHL brought by the Geneva Conventions coincided with the consolidation of the importance of the protections of Human Rights as a normative framework. It is worth exploring what it means and what the significance of these contemporaneous developments is.
A few years later, the 1966 International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights furnished the legal codification of all human rights initially contained in the UDHR that only had hortatory force.
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The implementation of IHL laid dormant until the Vietnam War provided the horrific shock necessary for political action. A conference convened in Tehran in 1968, under the auspices of the UN in 1968, provided the impetus for further regulation of internal conflicts with a resolution titled “Human rights in armed conflicts” which requested that the General Assembly examine concrete ways to apply the Geneva Conventions to all armed conflicts. As a result, the General Assembly adopted Resolution 2444(XXIII) on “Respect for human rights in armed conflicts.” This combination of IHL and HRL concerns paved the way for diplomatic conferences, under the sponsorship of the ICRC, that led to the 1977 Protocols. This contributed to further regulation of the protection of civilians in war that used Article 3 of the Geneva Conventions as its basis. This evolution has made IHL a central concern for the international community ever since.
The Security Council played an essential role in the custodianship of IHL in its relationship with HRL a fact that is not often noted. It did so in two ways: one was in considering large scale human rights violations and resulting humanitarian tragedies as threats to peace and security through the adoption of legally-binding resolutions, the second was by establishing two ad hoc tribunals, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda. The UN has also been involved with the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and others. The first resolution was 688 in 1991, about the Kurds in Northern Iraq and explicitly referred to the destabilization caused by the flows of refugees as threats to international peace and security. The second resolution was 770 on 13 August 1992, on Bosnia-Herzegovina based upon Chapter VII which called upon all states to facilitate the delivery of humanitarian aid. Several such resolutions followed on Somalia, Kosovo, Rwanda, Haiti, and Albania. The ones on East Timor and Sierra Leone in 1999 authorized the use of force for humanitarian purposes.
Taken together, these notable changes in the role and action of the Security Council in building new International Law is a manifest indication of progress in international relations. This new behavior inaugurates a new era for humankind, with a markedly humanitarian tenor. The universal global norms of human rights and humanitarian law form part of the integral consciousness of humanity. They are legitimate as they form a common legal code that is broadly adhered to (in terms of ratifications by most states).
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International law has evolved in the last 70 years to include and privilege the individual as a subject with rights and obligations, i.e. individuals can appear in international courts and can be held accountable for individual behavior; or get compensation for wrongdoing. The individual has progressively therefore gained legal personality. This has signified a departure from the origins of International Law that premised the state as the sole actor and the only subject of legal rights and duties. With this premise in mind, undoubtedly, individuals who are part of non-state armed groups carry rights and responsibilities under International Law. In this reflection, it is important to bear in mind, most significantly, that certain norms are considered jus cogens. This means they have a noticeable higher rank in the ordering of global norms and therefore cannot be ignored or derogated from. In this sense, it is important to note what effects such norms have in the behavior of actors in conflict.
Seventy years into this new normative order, there remain urgent challenges and complexities that need to be addressed. How to best protect the dignity of the individual from the worst atrocities and disrespect of the global norms of humanity remains a primary concern that we will understand in this course.
Here is what you need for this class:
This wonderful book:
Malcolm N. Shaw, International Law, 2014, 7th Edition, Cambridge University Press, 981 pages.ISBN 9781107612495
The United Nations Charter Download the pdf here: https://treaties.un.org/doc/publication/ctc/uncharter.pdfand please bring a print copy with your notebook. You are required to take written notes during class (no computers, please).
Read our syllabus carefully
A notebook to take as many written notes as possible
Download the world map as well: https://www.cia.gov/library/publications/the-world-factbook/graphics/
ref_maps/political/pdf/world.pdf
To learn about countries, please start by: https://www.cia.gov/library/publications/the-world-factbook/docs/refmaps.ht
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Grading PolicyLate papers will not be read. In other words: I have a zero tolerance policy for late papers and assignments. You know since day one of all of your obligations for this course. All that is required, the deadlines, and the guidelines are right here. So there is no excuse not to do your work on time. Students who are more than 15 minutes late will be marked absent. No exceptions. I shall not give any pass / fail grades, nor any incompletes for this class.There is no make-up opportunity for a bad grade!
I read all papers.
Presence in class
You may not miss any class. If you miss a class and that class is the deadline for one of your assignments. If you miss a class, there must be an imperative motif justifying your absence. Otherwise your grade will drop by a half-point from the total final grade for every class missed.
Arriving late is not courteous and should be avoided, as it will count as an absence. In addition, you should not leave the classroom during the lesson. Going out of the classroom during lectures is not desirable either: it is distracting and should be avoided unless imperative.
Use of electronics is prohibited in class except on debate days.
Electronic devices are not allowed during the class. A week has 10,080 minutes. We only meet 200 minutes per week. Let us take full advantage of
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them! No texting under any circumstance is allowed. During debates: use of computers accepted within limits.
No texting under any circumstance!
Put your phone away from you during class.
Course requirements
Grade Breakdown: (if you miss classes, your grade will be severely impacted)
Three Legal Memos: 20 % each Two Debate Delegation Reports (each report has two parts, see
guidelines): 15% each Your participation and respect to my policies and those of the
University (especially: presence, no texting and respect for others; see Annex II): 10%
Assignments:
Legal Memo 1 due on October 2 Send it before 2:50 pm, on the due date, by e-mail to [email protected] and Justin K. Haner [email protected]. Mr. Haner will acknowledge receipt.
With your partner, please answer all questions (in three separate parts):Part 1: Answer using Chapters 1 and 2: Why do states obey International Law? What happens when they do not?Part 2: Please use Chapter 3: find a real world global problem, i.e. a legal problem you are interested in and apply the sources to try to tackle it. For instance: the legal status of the Arctic: what are the sources to solve the outstanding and potential boundary and resources sharing problems? Please resolve it using the legal theory on Chapter 3.Part 3: Please discuss what is the most interesting parts of chapter 5? What is the significance? Please illustrate with at least two examples that are discussed and perhaps one that was not discussed on the book. Please cite your book, primarily. You may use other sources if you wish. If you do, please refer to Guidelines for Research Sources of our syllabus on
how to properly carry out research and use sources. Cite on the Harvard style. See formatting requirements below.
֎ Rehearsal Delegation Debate on Monday October 2 (it is called a “rehearsal” as it is not for a grade. The aim is for you to be acquainted with debating in our International Law class as well as to get to know the members of your delegation. You will receive my feedback on your delegation’s report though).
Prepare beforehand by reading Chapter 16 and investigating global treaties of your interest that you could investigate with the members of our delegation. Please use Chapter 16 on the Law of the Treaties. At 2:50 pm, arrive promptly to class and with your delegation members, you are expected to select two treaties of your interest, commonly agreed (mentioned or not on your book). Start writing if possible and work non-stop until 4:30.
You are expected to apply the theory on the Law of the Treaties to implement them in a comparative perspective (between the two treaties that must be from the same area of global policy/ action/ global cooperation: for example, on the environment or on global trade, the arms trade/ conventional or nuclear arms control, among other areas of global cooperation). Explain the significance of the selected treaties. What world problems they are trying to tackle? You should mention the problems and obstacles to bring the treaties to full fruition.
Please cite your book, primarily and read the actual texts of the selected treaties (primary source). You may use other sources if you wish. If you do, please refer to Guidelines for Research Sources of our syllabus on how to properly carry out research and use sources. Cite using the Harvard style. See formatting requirements below.
Outcome: each delegation will write a 1500 word delegation report. Due on Tuesday October 4. Send it before 2:50 pm, on the due date, by e-mail to [email protected] and Justin K. Haner [email protected]. Mr. Haner will acknowledge receipt.
Send it before 2:50 pm, on the due date, by e-mail to [email protected] and Justin K. Haner [email protected]. Mr. Haner will acknowledge receipt. The United States and Russia’s diplomatic relations are fragile and dwindling. In light of the theme: Diplomatic Law and Immunities (as seen on our Book Chapter 13 from page 545) and the current tit-for-tit between the United States and Russia regarding considering diplomatic personnel as persona non grata and the withdrawal and closure of diplomatic premises from each other’s territories:https://www.nytimes.com/2017/08/03/us/politics/trump-twitter-congress-russia.html?mcubz=0&_r=0 http://www.bbc.com/news/world-europe-40769365
With your partner, examine: The legality (are the actions legal according to International Law?) and the implications of these actions for the diplomatic relations between the two countries vis-à-vis :The impact for their economic relations, the effect on the politics within NATO, and for world politics in general.
You are expected to: address all items in the prompt above; please cite your book and find other sources. Please refer to Guidelines for Research Sources of our syllabus on how to properly carry out research and use sources. Cite using the Harvard style. See formatting requirements below.
֎ Delegation Debate Legal Report on the Use of Force and International Humanitarian Law due on November 4 th Send it by 2:50 pm, on the due date, by e-mail to [email protected] and Justin K. Haner [email protected]. Mr. Haner will acknowledge receipt.
Prepare by: reading the chapters on our book chapters 20 and 21 along with other sources carefully! Look at the United Nations Charter and study the cases in the guidelines below.
Debate will be held in two parts:Part I: on International Humanitarian Law & Part II: on the Use of Force LawThe guidelines for each part are described here below.
Outcome: each delegation will write a 2000-word delegation report for Part I and another separate 2000-word delegation report for Part II.
This is the expectation: what the main problems and solutions were; how you applied the law and solved the questions posed by the guidelines, using the relevant chapters on our book (chapters 20 and 21 along with other sources).
Part I: International Humanitarian Law (IHL)Start working with your delegation at 2:50 pm:
The questions raised on this part of our debate have to do with the profound transformations of International Law (IL) in this century and ultimately how IL may protect civilians caught in the worst conflicts of our time, especially in areas where states cannot provide security to their citizens and the rule of law has broken down (such as in the eastern area of the Democratic Republic of the Congo) or new forms of security are illegitimate vis-à-vis the eyes of the local population or to the international community (such as regions controlled by the group that calls itself the “Islamic State”). In particular, these questions are all timelier in light of the contemporary challenges posed for IHL by the massively increasing complexity of conflicts and their dramatic humanitarian consequences. There are three major general challenges to IHL today.
The first is a sense of the insufficiency of IHL. In this sense, two questions are relevant: is IHL sufficient to protect civilians in the existing dizzying mosaic of different intra-state conflicts where fewer IHL rules apply than the ones that exist to address international armed conflict? Is existing IHL sufficient to address new challenges: new actors in conflict who operate and use new technologies not yet explicitly regulated by International Law? This sense of insufficiency of the existing law may lead states to turn to informal instruments to attempt to remedy mounting problems.
Second, the increasing intricacy of conflict situations - that are almost all non-international but with transnational dimensions and usually in densely populated civilian areas - may bear on the need for new law-making especially in two situations: one is the extraterritorial use of force involving targeted killings; and the other is when one of the warring parties is a non-state armed group and are labelled as ‘terrorists.’ In these circumstances, states may feel it less necessary to abide by IHL (as often there is no consensus on whether violence is characterized as a non-international conflict) or enable access to humanitarian provision. Typically, such situations would fall under a law-enforcement paradigm and therefore under Human Rights Law (HRL). Along the same lines and as a result, I note a conflation of the nonobservance of IHL and HRL. In other words, conflict situations are no longer clear-cut: there is an overlap between law enforcement situations and non-international armed conflict and informal law-making may enable states to fill the gaps to protect the civilian population.
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Third, in today’s conflicts, non-state armed groups operate in densely populated civilian areas. Governments and non-state groups often target them using arguably excessive force (sometimes including the use of prohibited weapons) and without proper observance of the rules of proportionality (as demonstrated by the Syrian conflict). Such actions hinder the ability of IHL and aid groups to provide humanitarian relief and gain access to vulnerable populations caught in the conflict. Given the mounting situations where such challenges occur, states may turn to informal arrangements to remedy humanitarian emergencies and to counter the reality that IHL is failing to protect.
Concretely, you will look at the recent case of IS’s use of civilians as human shields in Syria and Iraq.See the New York Times piece here. In addition, they committed genocide against the Yazidis. What is your proposed framework to deal with these recent atrocities committed by IS? Please be specific and detailed about what IHL rules were violated and what the international legal remedies are: remember the principle of universal jurisdiction. What action can be taken by the UNSC? Who else can act? How?Most important IHL norms: protection and Necessity; Martens Clause; Proportionality; Distinction between civilians and combatants; avoiding Unnecessary suffering & non-use of certain weapons; HumanityNote that IHL is the most universal (all states ratified the Geneva Conventions) part of IHL and most of its global norms are considered customary. All IHL conventions are here: https://ihl-databases.icrc.org/ihlBeyond chapter 21 of our book, please consult the International Committee of the Red Cross (ICRC): https://www.icrc.org/en/war-and-law/strengthening-ihl?language=enhttps://ihl-databases.icrc.org/customary-ihl/eng/docs/home
Part II: The Use of Force LawStart working with your delegation at 2:50 pm:Part II deals with two themes that unite the UN Security Council members in unanimous condemnation: nuclear testing by North Korea and the group that calls itself the “Islamic State”. Please start at 2:50 pm in your delegations and discuss:
Part II.A: North Korea just conducted another nuclear weapons test of the year. It was the country’s most powerful to date.
This latest test is deeply troubling, for a number of reasons. Nuclear weapons anywhere are a threat to people everywhere, and the emergence of another nuclear power can only make the world more dangerous. This
must be backed up with concrete steps to address the catastrophic threat posed not by some weapons, but all of them. The UNSC has recently met to discuss this urgent matter. What happened?
So long as the international community tolerates the existence of these horrific weapons, we will keep bouncing from one nuclear crisis to another. It is time to change our approach. Please create a legal framework after you answer: should the international community use force against North Korea? Yes or no? What should the approach be?
Part II. B: Check here all the UN Security Council (UNSC) resolutions against the so-called “Islamic State” (IS). This is another theme that unites the members of the UNSC: the “Islamic State” is every member states’ common enemy. Using these resolutions, and focusing perhaps on how to contain the threat of terrorism by cutting the financing to these groups, and the Use of Force law, please provide a framework on how to deal with IS. Your framework may or may not include the use of force multilaterally or by regional groupings of states: be specific and provide legal reasoning (arguments).
Formatting Requirements: Times New Roman Font 12, 1.5 space, margins 0.5 left, right, top, and bottom same. Justify your text to both margins. If including graphs or tables, insert them on a separate page after the Bibliography. See page 14 for more information.Citation Requirements: the book. For citations, please use the Harvard style. You may use other sources if you wish. If you do, please refer to Guidelines for Research Sources of our syllabus on how to properly carry out research and use sources. The learning goal of this exercise is to consolidate the legal and political frameworks for these parts.
֎ Delegation Debate Legal Report on the Law of the Sea due on November 19 th . Send it before 2:50 pm, on the due date, by e-mail to [email protected] and Justin K. Haner [email protected]. Mr. Haner will acknowledge receipt.
November 13 Part I: Law of the Sea Debate: The Case of the South China Sea Disputes (see further at “Assignments”)Guidelines:Please start at 2:50 pm in your delegations and discuss and write until 4:30 pm:
1) What are the major disputes in the South China Sea? What is at stake?
2) Examine whether a part of such disputes has already been arbitrated by an International Court. Use the arbitration outcome as a model for other disputes (or not, if you think it is not the most appropriate path).
3) Select one dispute: for example: China against Vietnam. You may also choose to tackle all disputes at once.
4) Come up with a framework for solution using the International Law of the sea legal framework. Propose an arbitration process using one of the international courts. Tip: the Law of the Sea has its own court (see and study the Convention’s text)/ See the award against China by the Permanent Court of Arbitration. It will guide you.
November 15 Part II: “Ocean Governance”
The ocean is at risk from climate change, over-fishing, deep sea mining, farm pollution and plastics. Reefs are being degraded at an unprecedented rate and biodiversity is being lost as never before.Prepare by:Please see the documentaries: “Plastic Ocean”, “Chasing Coral”, and “Chasing Ice”.See the state of the science in this area by reading: https://www.ipcc.ch/publications_and_data/ar4/wg1/en/ch10s10-4-2.htmlRead the UNCLOS and ask: is it enough or does the ocean need new global rules and norms?Then read and investigate what happened here at this recently held UN conference:https://oceanconference.un.org/ Read and cite the reports from the conference.and by reading the latest The Economist reports’ on the oceans on the last year. I will expect you to cite specific reports and pieces by the magazine (you have access through our Library Scholar One/ online).Find new sources (use our Guidelines for Sources) .
Your delegation will tackle all areas in need of new global ocean governance, in other words: how the United Nations Sustainable Development Goal 14 will be implemented.
Outcome: each delegation will write a 2000 word delegation report with an account of what happened. This is the expectation: tell me what was discussed: what the main problems and solutions were; how you applied the law and solved the questions posed by the guidelines.Please note: you will write a 2000 word delegation report for each part of the debate. In other words: in total: each delegation will write 4000 words as the output for the Law of the Sea debate’s Part I and II.
Formatting Requirements: Times New Roman Font 12, 1.5 space, margins 0.5 left, right, top, and bottom same. Justify your text to both margins. If including graphs or tables, insert them on a separate page after the Bibliography. See page 14 for more information.Citation Requirements: the book. For citations, please use the Harvard style. You may use other sources if you wish. If you do, please refer to Guidelines for Research Sources of our syllabus on how to properly carry out research and use sources. The learning goal of this exercise is to consolidate the legal and political frameworks you just learned in class.
Legal Memo 3 due on December 9th Send it before 2:50 pm, on the due date, by e-mail to [email protected] and Justin K. Haner [email protected]. Mr. Haner will acknowledge receipt. Please select one of the two following topics:Topic 1:Part I: what is the role of international institutions, especially the UN, in the development and evolution of International Law? What is the most important characteristic here for you? Is there a centrally important institution within the UN? Illustrate with examples.Part II: Do you have recommendations for United Nations reform? What does the future of peace and security look like and what is the role of International Law?Topic 2:International Environmental Law: implementing the Paris agreements on Climate Change or another area of your choice within International Environmental Law.Please cite your book, primarily. You may use other sources if you wish. If you do, please refer to Guidelines for Research Sources of our syllabus on how to properly carry out research and use sources. Cite using the Harvard style. See formatting requirements below.
Further General Format and Guidelines for the Legal MemosCo-authorship only please. No single-authored papers. Two people
maximum.
Due before 2:50 pm, on the due date, by e-mail to [email protected] and Justin K. Haner [email protected]. Mr. Haner will acknowledge receipt. See grading policy.
Expectations for answering the questions on all legal memos:
A brief introduction: situates the issue, its main characteristics and actors, shows the importance of the topic. In other words: explain what is the actual issue, why do you care (interest and significance) and why the world should pay attention to it.Body of the text: clearly state the core of the answer to the legal problem, i.e. your argument (your legal opinion) or how you intend to apply the legal theory to the problem. Then you should show reasons to sustain and justify your argument. Illustrate with examples. Cite accordingly. Conclusions. Here you briefly summarize what was argued and why. Point to the future.
Formatting Requirements: Three to four pages long, bibliography on a separate page. No cover page. Times New Roman Font 12, 1.5 space, margins 0.5 left, right, top, and bottom same. Justify your text to both margins. If including graphs or tables, insert them on a separate page after the Bibliography. Citation Requirements: Citations and bibliography must follow the Harvard style. Wikipedia is not an academic source. Class notes cannot be used for citation either. They are to guide you. Please refer to Guidelines for Research Sources of our syllabus on how to properly carry out research and use sources.
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Use of Acronyms, Synonyms, and LanguageIt is all right to use them; however, you must specify them when first used. For instance, observe the correct use of several acronyms in this sentence: The North Atlantic Treaty Organization (NATO) is an important alliance in international relations. NATO was created in 1949. Northeastern University (NU) has a Cooperative Education (COOP) opportunity with the NATO Defense College in Rome. Next Fall, NU will send two COOP students to NATO.Please use formal proper English. You are writing an academic paper. Do not use colloquialisms such as: “I feel,” “this thing”…also do not use contractions: don’t, isn’t. It is important to remember as well: “who” refers to people only, “that” or “which” refers to nations or groups.Please use synonyms; in other words: avoid using the same word again and again. For instance: “important”. Many synonyms represent the same approximate semantic meaning of “important”, such as: significant, vital, imperative, central, chief, key, main, principal, essential, focal, etc…If you are using a PC, and type “shift F7” you will get synonyms for each word. On Mac: Tools> Thesaurus > synonyms; or shift+option+command+R.
For enquiries about how to cite in the Harvard style, please see one of the librarians in our NU Library (Roxanne Palmatier is recommended). For citations: please note that to cite is not the same as to paraphrase (or to quote). Here you must cite not paraphrase. As a rule of thumb, I would say at least one citation per five lines is appropriate.
Please use our Library reference services and librarians for further assistance.
Come discuss your ideas with me during my Office Hours!
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Guidelines for RESEARCH SOURCES - where to find the literature:
Please use the rich resources of the NU Library online Scholar One. If you don’t know how to use it, please go the Library and learn from one of the librarians/ resource people. You can then know how to access from anywhere in the world. If you are using only Google search, you are really missing out….So here is your road map and guidelines on how to this properly:
Five Categories of Research Sources Research PapersYour sources must be authoritative (no Wikipedia):
Five Categories:
1)Relevant Books;
2)Newspapers, of the caliber of: The New York Times, The Economist, the Guardian, Al Jazeera, The BBC World Service, Foreign Affairs magazine, Foreign Policy magazine, The International Herald Tribune, The Atlantic;
3)Materials from - respected as: the Carnegie Council for Ethics and International Affairs, the Brookings Institution, the Council on Foreign Relations, International Crisis Group, Chatham House, International Institute for Strategic Studies;
4)Peer-reviewed articles (from on NU Library online search): recommended journals: International Organization, American Journal of International Law, Global Governance, International Security, World Politics, International Studies Perspectives, International Relations, Global Environmental Politics, Third World Quarterly, International Affairs (from the Chatham House), etc;
5)Primary Sources: UN website for: UN General Assembly and UN Security Council resolutions; relevant international treaties (same as Conventions), for instance: the Chemical Weapons Convention, the UN Charter, the Anti-Personnel Mine Ban Treaty, the International Convention for the Regulation of Whaling, the Nuclear Non-Proliferation Treaty, the UN Framework Convention on Climate Change, etc.
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Class ScheduleYou must bring your notebook and UN Charter to every
class! Please bring your book on debate days
September 6-11: Welcome greetings, Introductions, Syllabus Presentation, Setting Expectations
Introductions & Comprehensive Overview: the nature, scope, sources, main actors (subjects), the United Nations, application of International Law
– current trends and evolution
Overview of Career Paths in International Affairs. Professional advice on what do with your major! Professional conduct and demeanor, networking skills.Writing for our class: expectations.
September 11, 13, 18, 20
Weekend Homework Readings:
For the dates above: Book Chapters 1 to 3; 5 and 22
Recognition & State Responsibility
September 25
Weekend Homework Readings: Book Chapters 9 &14
The Law of the Treaties
September 27 (State responsibility continued and Law of the Treaties) Weekend Homework Readings: Book Chapter 16
October 2Rehearsal Debate in Class (see Assignments and guidelines; please prepare accordingly)
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International Protection of Human RightsHuman Rights Law
October 4 Weekend Homework Readings: Book Chapters 6 and 7
October 9 Columbus Day Observed by the University Calendar
October 11Please see Annex I here in our syllabus! Meet at 2:50 in class with your delegation and then you may leave together to complete the tasks on Annex I.
Diplomatic Law and Immunities
October 16
Weekend Homework Readings: Book Chapter 13 from page 545
Use of Force Law & International Humanitarian Law
October 18, 23, 25, 30 Weekend Homework Readings: Book Chapters 20 and 21
October 25 and 30: Debate on the Use of Force and International Humanitarian Law Guidelines (please see them at the beginning of the syllabus at Assignments).
Peaceful Settlement of Disputes
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November 1Bring your computers! When you arrive in class, kindly join your delegation. Go to the ICJ website, select one contentious or advisory opinion case and examine together: the most important and interesting elements, significance, and legal importance. I want you to work on getting familiarized with the ICJ cases (you may choose one case that is already finalized or on the docket/ You may go straight to the "summary" of the case as it is offered by the ICJ database. No Wikipedia please! ) for about 25 minutes. Then, I will lecture on todays' topic of Peaceful Settlement of Disputes under IL. At the end of the class, we will discuss your cases in plenary.
Weekend Homework Readings: Book Chapters 18 and 19
The Law of the Sea
November 6, 8, 13 and 15 November 13: Law of the Sea Debate Part I on the South China SeaNovember 15: Law of the Sea Debate Part II on Ocean Governance
Weekend Homework Readings: Book Chapter 11
International Criminal Law & Crimes Against Humanity
November 20 Weekend Homework Readings: Book Chapter 8
Thanksgiving Observed according to the University Calendar!
Extraterritorial Jurisdiction, Range of Sovereignty & The Law of the Commons
November 27 and 29 Weekend Homework Readings: Book Chapter 12 and Chapter 10 from page 385
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International Environmental Law
December 4 and 6 Weekend Homework Readings: Book chapter 15
Last day University Calendar Classes: December 6
Further Policies & Advice
Getting Acquainted with what is Going on in the World
You are encouraged to take advantage of the following suggested news media and be informed about what is happening in the world. This will be key to taking the best advantage of our class:BBC world service website (country profiles – overview, facts, leaders, GNI, Chronology of key events, anthem podcasts, videos, news on the hour), Google News, The International Herald Tribune (www.iht.com), The Economist, The New York Times, Internet radio news from around the world.
We have full-text access to The Economist through a variety of vendor databases. We also maintain a current print subscription. Below, I've pasted a list of the various databases where the Economist is available. The dates shown indicate the earliest date provided by each vendor. The easiest way to connect is through the Library's E-Journal Finder (that's where you'll find the list I've pasted below). There's a link to the E-Journal Finder in the center of the Library home page in the "Find" category. http://www.lib.neu.edu.
Academic Honesty and Integrity policy
From the Political Science Department: “Any student who appears to violate the University’s Academic Honesty and Integrity Policy (see www.osccr.neu.edu/policy.html) may be referred to the University’s Office of Student Conduct and Conflict Resolution. If a proven violation involves an exam or course assignment, the student shall receive a failing grade for the
assignment, in addition to sanctions imposed by the Office of Student Conduct and Conflict Resolution. Individual faculty, with the support of the Department, can impose harsher penalties as they deem necessary. The Academic Honesty and Integrity Policy includes cheating, fabrication, plagiarism, and other types of dishonest activities. Plagiarism is defined broadly as taking ideas, concepts, or actual words of another person and passing them off as your own work. Of particular note in recent years is the increase in cut-and-paste plagiarism, which involves downloading phrases from websites or other Internet sources. Your instructor will clarify specific guidelines on fair use of material for this class, but you should regard this as your official warning.”
Use Appropriate E-mail Etiquette: http://www.wikihow.com/Email-a-Professor
E-mail should only be used to contact me for serious concerns. Let us talk in person about your concerns and questions (after class and during my office hours).E-mails to professors should always be addressed appropriately (e.g. Dear Professor Garcia, not “hey” or similar informal expressions). You should include a polite greeting and a polite personable goodbye at the end), and write using professional language. Never send e-mails without checking grammar and spelling first.And remember, e-mail may be an immediate delivery system, but you should not expect immediate replies.
The Harvard Reference SystemFor citations: please note citing is not the same as paraphrasing. Here you must cite not paraphrase. As a rule of thumb, I would say at least
one citation per five lines is appropriate. For enquiries about how to cite, please see one of the librarians in our
NU Library (Roxanne Palmatier is recommended)
This is a simple referencing system which is easy to use for author and reader alike and is the one preferred by Taylor & Francis. If you use this system, you cite the author's surname, the year of publication and the page reference immediately after the quoted material, e.g. ‘Many composers ... have attempted to return to this state of childhood grace’ (Swanwick 1988: 56).
With this system it is essential that the bibliography list every work cited by you in the text. Where there are two or more works by one author in the same year, distinguish them as 1988a, 1988b, etc. Type bibliographic entries in this order: author, initials, date, title, place of publication, publisher (see below for a sample bibliography).
Citations in the text for online material should include the surname(s) of the author(s), or the name of the ‘authoring’ organization, and the document date or date of last revision (which may require the date and month as well as the year). As online material may be continually updated or revised, you cannot be sure that the material you refer to will not have been changed since the time you cited it. Therefore, you should always include the date that you accessed the material.
Citing The Economist:
In text (The Economist August 2012) and include more details including title in the bibliography.
Citing Newspapers articles:(NYT date) and include details including title in the bibliography.* Same applies for other news sources. Use your good judgment and provide your reader information so s/he can find your sources! More on Harvard Style:Bannan, N. (1995) ‘Underground town planning in the UK’, unpublished thesis,University of Cambridge.
Beale, A.J. and Collins, C.H. (eds) (1992) Safety in Industrial Microbiology andBiotechnology, London: Butterworth-Heinemann.
Betts, P. and Diaz,T. (1991) ‘Mediated electro-chemistry: a practical solution tobiosensing’, in E.Willis (ed.) Adventures in Biosensors, London: JAI Press.
Bickley, A.R. (1988) Septimus Severus: the later years, London: Hutchinson.—— (forthcoming) The Roman Town of Calleva, London: Routledge.
Bickley, A.R., Cobb, S.L. and Gibbs, L.J. (1984) The Roman City, London: Routledge& Kegan Paul.Bird,W.R. (1957) ‘Differentiation of psychotic from non-psychotic personalities’,International Journal of PsychoResearch, 38: 266–75; reprinted in Second Thoughts(1967), London: Heinemann; and also in E.B. Spillius (ed.) (1988) Melanie KleinToday, vol. 1, London: Routledge.
ANNEX I: Global Commons Challenge
Meet your delegation in class at 2:50. You are welcome to stay in the classroom to answer for Part I or leave as you need to complete it at the Library and then to start Part II with your delegation.
This challenge contains two parts: answer the two questions, and then depart for your Scavenger Hunt, on Part II. You can submit the answers and findings within 72 hours from the activity Maria Virginia and I in one e-mail.
The best delegation will earn 2 credits for the class!
PART I – Global Commons Challenge
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Answer both questions using legal sources and the customary principles to claim extraterritorial jurisdiction discussed. About 500 words answer for each question. You can go up to 800 words if needed. Please be free to do whatever you think is best for the answers! Room for creativity here!!!
1. Study Outer Space Law: http://www.unoosa.org/oosa/ourwork/spacelaw/ and Space Law treaties and principles: http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html Considering these, find a problem affecting the compliance with Outer Space Law and apply the law. Problems could be: threatening debris around the Earth, attempts to militarize, claim territory, private sector exploitation. See how future exploitation may affect the common heritage of humanity, among other challenges.
2. International Arms Trafficking:Consider the global problem of international illegal arms brokering. See the framework created by the Arms Trade Treaty: https://www.un.org/disarmament/convarms/att/ and see how it may cover arms brokers: https://unoda-web.s3-accelerate.amazonaws.com/wp-content/uploads/2013/06/English7.pdf
Illicit arms brokers usually enjoy the protections of complicit governments, like Viktor Bout did before he got arrested: https://www.youtube.com/watch?v=KIlRT3pdfdw
See the graphic below. How can Leonid Minin be prosecuted (remember the customary principles to claim extraterritorial jurisdiction). Who could prosecute him? How? What did he violate? What were his crimes? At the time (civil conflict in Liberia), was there a framework for prosecution? UNSC arms embargoes in place? What would be the claims? See the case of Viktor Bout as an illustration.
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PART II. Our Local Global Common: our campus!
In a Power Point (one slide only): take a selfie of your delegation and describe in about 300 words the answer to this SCAVANGER HUNT. The best power point will be shown to class and sent to the College of Social Sciences and Humanities Dean’s team.
You will walk around campus. Please consider off the beaten path tracks and areas you don’t usually go to. You will try to determine how International Law is present on our campus, how it shapes it, influences it and how IL pervades our local campus life. Give one or two concrete examples and try to apply at least one of the branches of IL we have already studied or a treaty we have (or have not) studied.
Annex II: Northeastern University’s Policy on Integrity and Plagiarism and Title IX
Academic Integrity PolicyClick Here to File an Academic Integrity ReportAcademic Integrity Resources:
Northeastern Citation and Academic Integrity Checklist The PolicyA commitment to the principles of academic integrity is essential to the mission of Northeastern University. The promotion of independent and original scholarship ensures that students derive the most from their educationalexperience and their pursuit of knowledge. Academic dishonesty violates the most fundamental values of an intellectual community and undermines the achievements of the entire University.
As members of the academic community, students must become familiar with their rights and responsibilities. In each course, they are responsible for knowing the requirements and restrictions regarding research and writing, examinations of whatever kind, collaborative work, the use of study aids, the appropriateness of assistance, and other issues. Students are responsible for learning the conventions of documentation and acknowledgment of sources in their fields. Northeastern University expects students to complete all examinations, tests, papers, creative projects, and assignments of any kind according to the highest ethical standards, as set forth either explicitly or implicitly in this Code or by the direction of instructors.The following is a broad overview, but not an all-encompassing definition, of what constitutes a violation of academic integrity.Cheating: The University defines cheating as using or attempting to use unauthorized materials, information, orstudy aids in any academic exercise. When completing any academic assignment, a student shall rely on his or her own mastery of the subject.Examples include, but are not limited to:
Unauthorized use of aids such as but not limited to notes, text, the Internet, cell phones, etc. to complete any academic assignment.
Copying from another student’s academic work. Unauthorized communication during an examination. Handing in the same paper for more than one course without explicit permission from the
instructor(s). Intentionally viewing a test before it is administered. Storing notes in a portable electronic device for use during an examination.
Fabrication: The University defines fabrication as falsification, misrepresentation, or invention of any information, data, or citation in an academic exercise.Examples include, but are not limited to:
Inventing data, facts, or sources for an academic assignment. Altering the results of a lab experiment or survey. Citing a source in a bibliography that was not used. Stating an opinion as a scientifically proven fact.
Plagiarism: The University defines plagiarism as using as one’s own the words, ideas, data, code, or other original academic material of another without providing proper citation or attribution. Plagiarism can apply to any assignment, either final or drafted copies, and it can occur either accidentally or deliberately. Claiming that onehas “forgotten” to document ideas or material taken from another source does not exempt one from plagiarizing.The following sources require citation:
Word-for-word quotations from a source, including another student’s work. Paraphrasing (using the ideas of others in your own words). Unusual or controversial facts not widely recognized. Audio, video, digital, or live exchanges of ideas, dialogue, or information.
Northeastern University’s Title IX Observance:
Title IX prohibits discrimination based on gender, which includes sexual harassment and sexual assault. Title IX prohibits sex discrimination in all university programs and activities, including, but not limited to; student services, academic programs, class assignment, grading, athletics, admissions, recreation, recruiting, financial aid, counseling and guidance, discipline, housing, and employment.
