Introduction to International Law

Professor Juliette Passer, Esq. for Stony Brook University

This course is taught under the assumption that most of the students attending this course do not intend to enter law schools or the employment of an international agency after their graduation. They take International Law because it is an alternative to fulfil the necessary credits or they believe it is something different.

This course is therefore designed to offer a broad overview of international law and its various areas, its relations to politics, and current challenges of the international legal environment. The focus will be on the theoretical background of international law as well as its practical implications in our globalized world, but it is only the tip of the iceberg and a stepping stone to the world of global issues.

In short 5 weeks, we will be able to discuss only a small part of an enormous field of legal practice and learning. Hopefully, these discussions will help you to become lifetime learners in international law!

International Law is essentially the law which governs the relationship between nation-states, although the subjects of international law now also extend to individuals, international organisations and other actors.

It is law, to be sure (well…see the readings) but is extraordinarily tied to public policy and political realities. It is, thus, particularly appropriate that this class is taught in a political science department, as no other field of law is as connected to politics – and all fields of law are connected to politics. This course will introduce the essential features of international law, and highlights from subfields.

There will be three major parts to the course:

PART I.    SYSTEMIC ELEMENTS OF INTERNATIONAL LAW

PART II.    INTER–RELATIONSHIP OF INTERNATIONAL LAW AND        NATIONAL LAW

PART III.    SPECIALIZED AREAS OF INTERNATIONAL LAW

We will begin by considering fundamental questions about the nature of international law, such as: the sources of international law (including treaties and customary international law); the subjects of international law; the origins of international law in the sovereign equality of states; principles of state responsibility; the bases upon which states may exercise jurisdiction; and the global governance challenges arising from the absence of assured mechanisms for the interpretation or enforcement of international law. We will then examine the operation of international law in the U.S. legal system. In the latter part of the course, we will look at a series of contemporary international law topics and issues, including international human rights law, the law governing coercion and the use of armed force, the law of armed conflict, international environmental law, and international criminal law.

Throughout, we will consider current issues and problems arising in the international arena and the extent to which international law actually affects the behavior of states.

This course is composed of only five weeks; during each week basic concepts of international law will be introduced and discussed. It is very important that students read the assigned materials early during each week (usually about 100 pages per week). This should enable us to optimize the rather limited time we have during the summer semester. As an integral part of the course, the online format demands everyone’s active participation on the Discussion Board and otherwise.

Learning Outcomes

This course aims to:

• provide you with fundamental knowledge of the development of international law, its basic functions and workings, its role in our world today, and its most pressing challenges these days
• offer you an overview of how international law affects domestic law, as well as individuals and their daily life
• give you an understanding of the various fields of international law (eg legal sources, international organisations, environmental law and climate change, law of the sea and territorial disputes, etc.) and how they are interconnected
• engender an understanding and appreciation of the international legal system, as well as familiarising you with its significance for the law (both international and domestic) as well as politics
• engage on topics of contemporary and timeless significance
• enhance your analytical skills and your ability to critically engage with international issues, in particular by writing short memrsanda and the final paper.

At the end of this course, you will have a better understanding of the basic principles and concepts of International Law, as well as the analytical ability to navigate and examine the global political system.

Textbooks

Primary Resource:         Principles of International Law

by Sean D.  Murphy                                       #9780314262684

Additional optional reading materials:

International Law Stories

by Mark W Janis, John E. Noyes and Laura A. Dickinson                                                                                                                     #9781599410869

International Law and International Relations

by Mark W Janis and   John E. Noyes          #9781634602938

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Course Syllabus Summary

Week 1

PART I.    SYSTEMIC ELEMENTS OF INTERNATIONAL LAW

Chapter 1.    Foundations of International Law

Chapter 2.    Actors of International Law

Chapter 3.    International Law Creation

Week 2

Chapter 4.    International Law Interpretation and Dispute Resolution

Chapter 5.    International Law Compliance and Enforcement

Chapter 6.    Rules and State Responsibility

Week 3

PART II.    INTER–RELATIONSHIP OF INTERNATIONAL LAW AND NATIONAL LAW

Chapter 7.    Foreign Relations Law of the United States

Chapter 8.    National Jurisdiction to Prescribe, Adjudicate, and Enforce

Chapter 9.    Immunity from National Jurisdiction

Week 4

PART III.    SPECIALIZED AREAS OF INTERNATIONAL LAW

Chapter 10.    Human Rights

Chapter 11.    Law of the Sea

Week 5

Chapter 12.    International Environmental Law

Chapter 13.    International Criminal Law

Chapter 14.    Use of Armed Force and Arms Control

Optional:

Chapter 15.    International Legal Research

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Course Other Requirements

In order to take this course, you must:

√    have access to a computer;

√    have continuous broadband Internet access;

√    have the ability/permission to install plug-ins or software (e.g., Adobe Reader           or Flash);

√    have the ability to download and save files and documents to a computer;

√    have the ability to open Microsoft files and documents (.doc, .ppt, .xls, etc.);

√    be competent in the English language;

√    Advisory Prerequisite: POL 101; and

√    Prerequisite: U3 or U4 standing.

 

 

© Juliette Passer, 2018