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POLS 260
INTERNATIONAL LAW & ORGANIZATIONS
| Beth K. Dougherty |
Spring 2008 |
| MWF 1pm, R noon |
MI 112B, x2084 |
Course Description
This course examines the role and importance of international organizations and international law through an in-depth study of the United Nations. We will examine the three primary missions of the U.N.: peace and security, human rights and sustainable development. Special attention will be paid to the U.N.'s post-Cold war interventions, using case studies of Somalia, Angola ,and Mozambique. International law topics include the acquisition of territory, international and civil wars, self-determination, human rights, and the environment.
Course Readings
There are three texts for this course.
Malcolm Shaw. International Law (5th edition). London: Cambridge University Press, 2003.
Jean Krasno (ed). The United Nations: Confronting the Challenges of a Global Society. Boulder: Lynne Rienner, 2004
Alex Bellamy, Paul Williams, Stuart Griffen. International Peacekeeping. Polity, 2004.
In addition, there are several articles on reserve in the library. THE RESERVE READINGS ARE REQUIRED. There is a lot of reading for this class, especially for the law section – if you cannot do the reading or do not wish to, please drop the course!
Course Requirements
- International law quizzes, worth 25% of the grade
There will be 4 quizzes: Jan 30, Feb 10, Feb 23, and Mar 3. Each quiz will cover several chapters worth of material. The format will be some combination of identifications, lists, short answers, multiple choice, and matching. You will have 20 minutes of class time to complete the quiz. For students who for whatever reason may need additional time, we will make alternative arrangements to take the quiz outside of class time (but it must be taken on the day scheduled).
- A 5 page paper examining a specific case of international law, due Mar 3, worth 20% of
the grade.
The paper will summarize the major finding of the case, explain the decision or legal reasoning, and assess the case’s significance for the development of international law. There is a list of suggested cases at the end of the syllabus.
- A peacekeeping project, worth 20%
We will spend April 3 – 7 discussing the capabilities of the UN in peacekeeping operations. You will prepare a 5-7 page assessment of a particular peacekeeping mission, due on April 3. You may choose one of the following: Cambodia, Somalia, El Salvador, Bosnia, Sierra Leone, Kosovo, Haiti, East Timor, Angola, the Democratic Republic of the Congo, or Mozambique. If you choose a mission with a particularly complex mandate such as Cambodia, or one that went through multiple incarnations such as Somalia or Angola, I advise you to narrow the focus to one aspect of the mission (such as repatriation or the election) or to one phase of the mission (UNITAF within Somalia). Each paper should include a one-page appendix that includes pertinent details such as the relevant authorizing UN resolution, number of forces, duration, cost, main troop contributors, casualties, etc. I will provide you with a blank example of such an appendix. The appendix does not count towards the page limit. You will be expected to act as the expert on your mission, and should be prepared to summarize its main strengths and weaknesses when we discuss that mission in class. Each mission should bring 25 copies of the appendix to class as handouts to help with the discussion. As you will likely be sharing your mission with other students, I will send out a list of who is doing what so you can coordinate your activities.
- UN Conference project, worth 25%
From April 27 – May 2 you will participate in a mock UN conference, “The United Nations in the 21st Century.” The conference will identify current weaknesses or problems of the United Nations and propose ways to reform the UN to meet the challenges of the new millennium. As a delegate to the conference, you must propose a reform of the UN system/structure. Your 8 page research paper, due May 1, will identify a weakness/problem, explain its source or origins, and then propose a reform, complete with a rationale for how your reform will improve the current situation, potential obstacles to implementation, etc. The emphasis is on your analysis of the weaknesses of the current UN system and the best route to correcting these difficulties. On April 24 you will submit multiple copies of your 1 page single-spaced working brief, which in a succinct and clear fashion identifies the problem and outlines your reform. These working briefs will form the agenda for the conference; every delegate will receive a copy of the working briefs for their committee. After the opening of the conference on April 27, you will break into committees to discuss and revise the proposals. On May 1 & 2, the committees will present their reforms to the General Assembly; after a limited Q&A period, the General Assembly will vote to accept or reject the various proposals.
- Class participation, worth 10%
This portion of your grade includes attendance, regular and informed contributions to class discussions, and your performance during the conferences.
Warnings: If you do not appear for a scheduled exam, quiz, or other exercise, you will receive an F (zero points). If for any reason you cannot meet the stated deadlines for exams and papers, you must contact me PRIOR to the deadline. Late papers will lose ½ a letter grade per 24 hours late. You are expected to attend class regularly, and failure to do so will significantly lower your final grade; I reserve the right to fail you for the course for excessive absences. If you plagiarize, you will fail the course.
Course Outline
| Jan 18 |
Syllabus |
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Reading: Shaw, Chapters 1-2 (review) |
| Jan 19, 20 |
Sources of international law |
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Reading: Shaw, Chapters 3, 16 |
| Jan 23, 25 |
Municipal law |
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Reading: Shaw, Chapter 4 |
| Jan 26, 27 |
Subjects |
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Reading: Shaw, Chapter 5 |
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| JAN 30 |
QUIZ I |
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| Feb 1 |
Recognition |
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Reading: Shaw, Chapter 8 |
| Feb 2, 3 |
Territory |
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Reading: Shaw, Chapter 9 (skim 10 & 11) |
| Feb 6, 8, 9 |
Jurisdiction |
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Reading: Shaw, Chapters 12-13 |
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| FEB 10 |
QUIZ II |
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| Feb 13 |
State responsibility |
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Reading: Shaw, Chapter 14 |
| Feb 15 |
Succession |
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Reading: Shaw, Chapter 17 |
| Feb 16 |
Peaceful Settlement of Disputes |
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Reading: Shaw, Chapter 18 (to ICJ) |
| Feb 17, 20 |
Use of Force |
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Reading: Shaw, Chapter 20 |
| Feb 22 |
International Humanitarian Law |
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Reading: Shaw, Chapter 21 |
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| FEB 23 |
QUIZ IV |
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| Feb 27 |
International Court of Justice |
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Reading: Shaw, Chapter 18 (ICJ) |
| Mar 1, 2 |
International Criminal Court, other courts and tribunals |
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Reading: Shaw, Chapter 19 |
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| MAR 3 |
QUIZ V (you may make arrangements to take the quiz early) |
| MAR 3 |
International Law Case Paper Due |
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| Mar 13 |
History of the UN |
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Reading: Krasno, Chapters 1, 2, 3 |
| Mar 15 |
Organization & funding |
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Reading: Shaw, Chapter 22; Krasno, Chapter 9, 10 (reading for 3/15 – Mar 20) |
| Mar 16 |
How it works – the Secretariat |
| Mar 17 |
How it works – the General Assembly & ECOSOC |
| Mar 20 |
How it works – the Security Council |
| Mar 22, 23, 24 |
TBA |
| Mar 27 |
The efficacy of sanctions |
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Reading: Michael Bzroska, “From Dumb to Smart? Recent Reforms of UN Sanctions,” Global Governance 9, 4 (Oct-Dec 2003): p. 519 – 536 (ASAP) |
| Mar 29 |
Peacekeeping basics |
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Reading: Bellamy, Introduction, Chapters 1-4 |
| Mar 30, 31 |
Types of peace-keeping |
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Reading: Bellamy, Chapters 5-9 |
| Apr 3 – 7 |
Presentations: Peacekeeping missions |
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Reading: Bellamy, Chapters10 -13, conclusion |
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| APR 3 |
Peacekeeping Paper Due |
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| Apr 10, 12 |
Human rights |
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Reading: Shaw, Chapter 6, Krasno, Chapter 4 |
| Apr 14, 17 |
Humanitarian activities |
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Reading: Joel Charney, “Upholding Humanitarian Principles in an Effective Integrated Response,” & Antonio Donini, “An Elusive Quest,” in Ethics and International Affairs 18, 2 (Oct. 2002) (ASAP) |
| Apr 20 - 26 |
Post-conflict peace-building (elections, DDR, rule of law) |
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Reading: Krasno, Chapter 5, 7 |
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| APR 24 |
Conference brief due |
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| Apr 27 – May 2 |
Conference: The United Nations in the 21st Century |
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Reading: Krasno, Chapter 11 |
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| MAY 1 |
Conference paper due |
| May 3 |
wrap-up / evaluations |
PAPERS
GUIDELINES: I will return your paper to you without a grade if you do not meet the following guidelines.
- correct page length, standard-size font, standard 1 inch margins, double-spaced.
- Footnotes, endnotes or in-text citations are required.
- A bibliography is required.
- PROOFREAD your paper before handing it in!
- You must ALWAYS cite a source when using statistics or numbers.
- Quoting from a source verbatim or with only minor revisions REQUIRES a cite. If you are unsure about what constitutes plagiary, please ask.
COMMON ERRORS: Be careful to avoid these errors (which really annoy me)
- STATE, not nation
- 1970s, NOT 1970's
- it's = it is its = possessive pronoun
- make sure your subjects and pronouns agree (Japan = it, Japanese= they)
- quotes of 4 or more lines must be single-spaced and indented
- avoid the use of contractions in formal papers
SUGGESTED SOURCES: Whenever possible you should rely on primary sources. UW-Madison is an official depository and has a wealth of U.N. publications, including historical records going back to 1945, if you want hard copies. Beloit also has some documents. The UN website can be enormously helpful, but I find the UN search engine to be frustrating. The Security Council page – especially for peacekeeping – is an outstanding source for documents, and I highly recommend the ICJ site. All the criminal tribunals have websites with copious documents; the SCSL site even has edited videos of trial sessions. Various UN agencies have their own sites, and recent documents are frequently available for free. Other important sites: Amnesty International, Human Rights Watch, International Crisis Group, www.globalsecurity.org, www.irinnews.org. You can do research in law journals via Lexus-Nexus.
Suggested International Law cases: these are only suggestions!! You may choose any case as long as you clear it with me first and you can find adequate resources. You may do a case from the ICJ, any of the international criminal tribunals, an arbitration mechanism, or a municipal court as long as the subject matter relates to international law (such as the Pinochet case).
- Western Sahara, Southwest Africa / Namibia (self-determination cases)
- US v. Humberto Alvarez-Machain (US kidnaps Mexican doctor in torture death of DEA agent)
- Filartiga v. Pena-Irala (torture, a US federal court decision)
- Barcelona Traction (corporate nationality)
- Trail Smelter (environment, involving the US and Canada)
- Rainbow Warrior, US – Iran, Eritrea-Ethiopia border dispute (arbitration cases)
- US v. Nicaragua (use of force – causes the US to withdraw from the ICJ!)
- Corfu Channel (right of passage, territorial waters)
- Pinochet (UK decision on jurisdiction)
- Akayesu (ICTR rape decision)
- ICJ advisory opinion on the threat / use of nuclear weapons
- Lockerbie (against Libya)
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