LAWS347-07SU2 (C) Summer Dec 2007 start

Problems in International Law

11 points

Details:
Start Date: Monday, 3 December 2007
End Date: Sunday, 10 February 2008
Withdrawal Dates
Last Day to withdraw from this course:
  • Without financial penalty (full fee refund): Sunday, 16 December 2007
  • Without academic penalty (including no fee refund): Sunday, 20 January 2008

Description

Selected topics in international law with emphasis on armed conflict, international humanitarian law and arms control.

The aim of this course is to build on students’ basic knowledge of public international law by exploring some of its problems in the early 21st century.  It is necessary first to understand the stage of the ‘law of nations’ after some four centuries of development and how it is being paralleled now by an emerging ‘law of humanity’.  The course will then identify the principal problems and issues faced in contemporary international law, exploring the various views advanced in the debate over how they might be resolved.  Thematic issues selected reflect the ‘three pillars’ identified at the UN, viz. peace, human rights and development.  The course will have an orientation on ‘problem-solving’, encouraging students to consider how the rule of law might be advanced, in the 21st century, at the regional and global levels.

The course content will consist of:
1.   Evolution: From imperial law to international law to law of humanity
2.   Use of Force: Non-aggression & Self-defence, and their Problems
3.   Use of Force: Humanitarian Intervention & Counter-Terrorism, and their Problems
4.   Use of Force: International Criminal Jurisdiction and its Problems
5.   Use of Force: Regulation of Armaments (esp. WMD) and its Problems
6.   Human Rights: Political and Economic Rights, and their Problems
7.   Human Rights: Self-determination, Democracy and ‘Regime Change’ and their Problems
8.   Environmental Law: Ozone Depletion and Climate Change, and their Problems
9.   Environmental Law: Conservation (esp. Antarctica) and its Problems
10. Environmental Law: Biodiversity and Specie Extinction, (esp. whaling) and their Problems
11. Development, Trade & Investment Law: Globalization and its Problems
12. The ‘Higher Interest’ – Philosophical Foundations, Constitutional Loyalties and Global Commons.

Prerequisites

Co-requisites

Timetable Note

The course will be structured by way of 12 two-hour classes: one hour’s lecture; one hour’s ‘problem-solving’ discussion.

Course Coordinator / Lecturer

Kennedy Graham

Assessment

The course assessment will consist of a two-hour test and a 3,000-word essay.

The essay is due by 4.00pm on Wednesday, 30 January 2008.

Textbooks / Resources

Recommended Reading

Lawless world ;

Hammarskjold, Dag , Falkman, Kaj; To speak for the world : speeches and statements ; Atlantis, 2005.

Sarooshi, Dan; The United Nations and the development of collective security : the delegation by the UN Security Council of its chapter VII powers ; Clarendon Press ;, 1999.

Shaw, Malcolm N; International law ; 5th ed; Cambridge University Press, 2003.

Simma, Bruno. , United Nations; The Charter of the United Nations : a commentary ; 2nd ed; Oxford University Press, 2002.

Indicative Fees

Domestic fee $382.00

International fee $1,715.00

* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.

For further information see Faculty of Law .

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