JURI 4640:
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Professor Bodansky, Fall 2004 |
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Revised: November 11, 2004
Note:
This syllabus is subject to revision.
SYLLABUS
Class
Time
Monday, Tuesday, Thursday 8:30-9:20
Room I
Contact Information:
Professor Bodansky
Office: Rusk 209
Office
hours: Tuesday, 2:30-4:20
Tel: 542-7052
Email: bodansky@uga.edu
Assistant: Shawn Lanphere, Rusk 313, 542-9357
I. Overview
This course provides a general introduction to the
international legal process. In studying the international legal process, we
will examine many of the basic doctrines of international law, including the
sources of international law, the creation and continuity of states,
international organizations, and the use of force. But the primary purpose of
the course is to investigate the role that law plays in international society, not
to survey the substantive rules of international law.
The basic quandary of international law arises from the fact
that there is no authoritative decision-maker at the international level either
to say what the law is (the role that legislatures and courts play in national
legal systems) or to implement and enforce the law (the role of the executive
branch). Many commentators argue that, consequently, international law is
really just rhetoric used by states to justify their actions, but which they
violate when it suits their interests. As the French philosopher, Raymond Aron,
once quipped, "International law is a permanent incitement to
hypocrisy."
The course will assess the status of international law by
examining the following questions:
(1) How and why do legal norms emerge at the
international level?
(2) How do we ascertain the rules of
international law, in the absence of courts?
(3) What reasons do states have to comply with
those norms?
We will address these questions in the context of particular
case studies or current events. The class will consist mostly of discussion.
II. Readings
The required text is:
Jeffrey Dunoff, Steven Ratner & David Wippman, International
Law: Norms, Actors, Process (Aspen 2002)
In addition, there are photocopied Supplemental Readings,
available for purchase from Shawn Lanphere in Rusk 313.
If you are interested in further information about
international law, other good sources include:
David Bederman, International Law Frameworks
(Foundation Press 2001).
Ian Brownlie, Principles of Public International Law
(Oxford Univ. Press 5th ed. 1999).
Mark W. Janis, An Introduction to International Law
(Little Brown & Company (Aspen 4th ed. 2003),
Peter Malanczuk, Akehurst’s A Modern Introduction to
International Law (Routledge 7th ed. 1997).
III. Web Site
The
Web site for this class is:
http://www.law.uga.edu/~bodansky/courses/International_Law/index.html
The Web site includes supplemental readings, the course
syllabus and reading list, exams from previous years, and links to resources on
the Web that are relevant to the topics we are studying. I also plan to use the
Web site to make announcements and respond to general questions about the
course, so you should check it on a regular basis.
IV. Exam
There will be a three-hour open-book final exam. “Open-book”
means that you may consult the assigned readings, class handouts, and your
notes.
You have the option of taking the exam on your computer.
V. Class
Participation
Classroom participation is an important part of the course.
If you are unprepared for a particular class, please let me know before class
begins. Remember, good classroom participation depends on the quality of the
comments rather than the quantity.
VI. Grading
Grades will be based on the final exam. Grades can be
adjusted up for exceptional classroom participation.
CLASS SCHEDULE
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CLASS |
DAY |
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READINGS |
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Week 1: August 16-20 The Nature of
International Law |
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1 |
Tu |
Handout (from
Shawn Lanphere, Rusk 313) |
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2 |
Th |
Supplement 1;
Casebook 1-15 |
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Week 2:
August 23-27 The Nature
of International Law |
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3 |
M |
Supplement
3-4; Casebook 15-30 |
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4 |
Tu |
Supplement
5-27; Casebook 329-56 (skim) |
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5 |
Th |
Consensual
theory cont. |
[No new
assignment] |
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Week 3:
August 30-September 3 Sources of
International Law: Treaties |
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6 |
M |
Supplement
29-33; Casebook 31-48 |
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7 |
Tu |
Supplement
35-58 Casebook
294-302 (read), 49-69 (skim) |
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8 |
Th |
Supplement 59-91 |
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Week 4:
September 6-10 Sources of
International Law: Treaties |
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M |
Labor Day |
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9 |
Tu |
Treaties: European
Convention on Human Rights (cont) |
[No new assignment] |
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10 |
W |
Treaties: Ozone Agreement: Negotiation and Adjustment |
Supplement 93-98 Casebook
639-43, 738-53 |
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Week 5:
September 13-17 Sources of
International Law: Custom |
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11 |
M |
Treaties:
Ozone Agreement: Compliance |
Supplement
99-103; Casebook 753-60 |
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12 |
Tu |
Supplement
105-57; Casebook 70, 74-81 |
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13 |
Th |
Custom:
Diplomatic immunities cont. |
[No new assignment] |
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Week 6: September
20-24 Sources of
International Law: Custom, UN
Resolutions |
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14 |
M |
Supplement
159-89; Casebook 679-87 |
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15 |
Tu |
Supplement
191-205; Casebook 687-98 |
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16 |
Th |
Supplement
207-21 Casebook
70-74, 81-87 |
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Week 7:
September 27-October 1 Sources of
International Law: Soft Law,
Non-Consensual Courses |
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17 |
M |
Supplement
223-27; Casebook 87-99 |
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18 |
Tu |
Supplement
229-51 |
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19 |
Th |
Supplement
253-65 |
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Week 8:
October 4-8 The Role
of National Courts |
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20 |
M |
Casebook
253-58, 278-93 |
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21 |
M (5:30-6:20) |
Casebook
302-15 |
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22 |
Tu |
Act of State Doctrine |
Casebook
315-28 |
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Th |
No Class |
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Week
9: October 11-15: No Class |
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Week 10:
October 18-22 International
Dispute Resolution / Participants-Actors |
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23 |
M |
Handout |
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24 |
M (5:30-6:20) |
Casebook
809-21 |
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25 |
Tu |
WTO Dispute Resolution: Bananas |
Casebook
777-95 |
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26 |
Th |
Casebook
101-37 |
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Week 11:
October 25-29 Participants-Actors
in the International Legal Process / International Humanitarian Law |
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27 |
M |
Casebook
165-90 |
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28 |
Tu |
Problem of
Legitimacy |
Casebook
909-34 |
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29 |
Tu
(5:30-6:20) |
Casebook
191-92, 201-06; Handout |
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30 |
Tu
(6:30-7:20) |
Corporations |
Casebook 206-25 |
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31 |
Th |
International
Humanitarian Law: Basic Norms |
Casebook 501-02, 507-12,
527-48 |
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Week
12: November 1-5 International
Criminal Law |
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32 |
M |
Individual Responsibility |
Casebook 561-79 |
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33 |
Tu |
National vs.
International Tribunals: Prosecution
of Saddam Hussein |
Casebook
595-612 |
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34 |
Th |
Universal
Jurisdiction |
Casebook
612-28 |
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Week 13:
November 8-12 Use of
Force |
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35 |
M |
Basic Rules
on the Use of Force |
Casebook
825-34, 864-75 |
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36 |
Tu |
Humanitarian
Intervention: NATO Action in Kosovo |
Casebook
888-908 |
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37 |
Th |
Preemptive
Self-Defense: US Invasion of
Afghanistan and Iraq |
Casebook
934-50 |
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Week 14:
November 15-19 War on
Terrorism |
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38 |
M |
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39 |
Tu |
Treatment of Detainees:
POW Status |
Casebook 950-58 Goldman,
"Legal Status of Iraqi Combatants" |
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40 |
Th |
Treatment of
Detainees: Torture and Coercion |
Casebook
410-28 |
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Week 15:
November 22-23 Wrap-Up |
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41 |
M |
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42 |
Tu |
Is International Law
Effective? |
Casebook
968-81 |