POLS4501 International Law Fall 2009

1. POLS4501International LawFall 2009 Gregory C. Dixon gdixon@westga.edu

2. Who am I? • Dr. Gregory C. Dixon • Specialty – International Relations • Areas of interest / research: • International Institutions • Conflict Management • Globalization and Global Governance

3. Office Hours and Contact • Office: Pafford 125 • Office Hours: • T/Th 12:30 – 2pm; 3:30 – 6:00pm, • W 1pm – 3pm • and by appointment • Email: gdixon@westga.edu

4. Course Web Page • http://www.westga.edu/~gdixon • Under “current courses” pick POLS4501 • Course web page contains: • Syllabus • Course pack (notes, exams, etc.) • PowerPoint slides

5. CourseDen • The same information as on the public web page • Additional Readings • Grade book • Electronic submission of exams

6. Learning Outcomes • Discuss the basic structure and function of the international legal system • Identify the central differences between international and domestic law • Analyze the application of the principles of international law to a range of issue areas (human rights, trade, war, etc.) • Evaluate the role of international law in the context of international relations

7. Assignments • Commentary Papers (6) 10% each • Term Paper • Research Proposal 2% • Literature Review 3% • Completed Paper 25% • Seminar Participation 10%

8. Commentary Papers • 14 discussion question sets • Answer two questions per set • Answer up to 8 • 6 highest count towards your grade • Answers should be 2-3 pages single spaced

9. Paper Assignment • Articulate a research question related to the course • Do detailed research to answer your research question • Write a final paper that demonstrates your understanding of your question, its answer, and the material from the course • Papers will be 10 – 15 double spaced pages in length

10. Grading • 90% and up = A • 80 – 89% = B • 70 – 79% = C • 60 – 69% = D • 59% and below = F • No curves or mathematical adjustments will be applied to the grades

11. Assumption of Adulthood • All students are assumed to be adults and will be held to adult standards of accountability and decorum. • You are expected to familiarize yourself with the requirements of the course. • You are expected to meet the requirements of the course without having to be reminded of such clearly posted things as exam due dates. • It is expected that you will do the required reading for the course. • It is expected that you will complete all required assignments.

12. Class Participation • Thursdays are set aside for class discussion • Discussion will be based on the discussion questions • Participation is 10% of the course grade • Quality, not quantity • Demonstrated knowledge of material • Critical/analytical thinking regarding material

13. Late or Missed Assignments • Late assignments will suffer a penalty of one letter grade for each business day late • The commentary papers are take-home, so extensions will be extremely rare • Absolutely no extensions will be given for the final commentary paper due date

14. Special Needs • Students with special needs as identified by the University will be accommodated in accordance with University policy

15. Attendance • Attendance will not be taken and is not required as part of the course grade • Attendance is vital to success in this course • Students are forewarned that missing lectures may significantly reduce their chances of passing the course • It is the responsibility of the student to get the notes from that day of class from another student in the class

16. Acts of the Gods • On very rare occasions truly terrible things happen • If such an event happens, don't wait until the last day of the semester to deal with it

17. Email Communication and Privacy • Nothing related to grades, exams, or any other course information specific to a student will be discussed via email - period • Grades and related information will only be discussed in person during office hours or after class

18. Classroom Decorum • Please arrive on time • Please turn off any device that makes noise • Please do not read the newspaper, sleep, send text messages, or work on material for other courses during the class time • Mutual respect and politeness is required in the classroom at all times • Violations of appropriate classroom decorum will result in penalties in accordance with the syllabus

19. Academic Honesty • All students should be aware of the University rules regarding academic honesty. • Cheating, fabrication, and/or plagiarism of any kind will not be tolerated. • Any student caught committing any violation of the Honor Code on any assignment will receive an F in the course and will be reported to the University for further action as per University policy • The professor reserves the right to seek the harshest possible penalty for any and all violations of the University of West Georgia Honor Code regardless of the value of the individual assignment

20. Academic Honesty • If you are unsure as to what constitutes academic dishonesty, please consult the University of West Georgia Student Handbook • Ignorance of the Code will not be accepted as an excuse for violations of it • Many things which are perfectly acceptable in high school are considered cheating in college • If you have a question about cheating, ask, don’t just assume that you are ok

21. International Law in IR Historical and contextual background of contemporary international law

22. International Relations • IR is the study of relations between actors that cross national borders • IR includes a wide range of issue areas • There is no clear agreement on how to study this

23. International Law • IL is one way of solving collective problems internationally • IL refers to a loose set of rules governing a wide range of behaviors • IL has expanded significantly in the 20th century • The pace of this expansion continues to accelerate

24. Types of International Law • 2 types of international law • Public International Law • Governs relations between states • Private International Law • Areas of conflict between national laws and international actors

25. Public International Law • Covers most of what you think of when you hear the phrase “international law” • Has the longest formal history • Is the focus of most international relations work on IL • Will be the focus of the bulk of this course

26. Private International Law • Covers areas dealing with the clash of international & domestic laws • Has a long history, but was ignored by IR for a long time • Is the focus of work in international business • Has a huge practical impact in a globalized economy • Will be a focus in our discussion of international economic law

27. Domestic Law • Laws are formal rules with some type of enforcement • Domestic law has a long and clear history • “command of the sovereign backed by coercive sanction” • Ruler makes law and uses force to make people comply

28. International Law • International law works differently • No sovereign • No legitimate enforcer • International law cannot work like domestic law • Force plays a very limited part in enforcement • Other forms of sanction are required

29. A Core Debate • If IR is all about power, then IL won’t matter • Strong states ignore IL routinely • Rogue states flaunt IL without consequence • But clearly states care about IL • Time spent justifying actions • Money spent negotiating international rules • Strategic public diplomacy emphasizes legality • Popular domestic policies are changed to comply with international law

30. A Short Introduction • To understand IL today, we must look at the development of law in the world • This requires a brief trip through history to refresh your memories

31. What is Law? • Law is the recognized legitimate standard of behavior that a binds a community together • Law is universal: it applies to all • Law is coercive: violators can be punished • Law is permissive: individuals can establish their own relationships within the law

32. Why invent law? • Societies need rules • Small societies can work with informal rules • Large societies need formal rules, with enforcement • Laws make things easier • Everyone knows the rules • You can make long-term decisions • You can make deals with people far away • There is someone to enforce the rules

33. Types of law • Two types of laws • Natural Law (lex naturalis) • A pre-existing system of rules that apply to all people everywhere • Derives from nature itself • Positive Law • Law created by the polity • The law of the political system

34. The Western Legal Tradition • IL derives from Western traditions of law • A mix of Roman, Germanic, and other origins • Results from complex history of Western Civilization • Embeds Western assumptions into the structure of the legal system

35. Western Influence • Focus on sovereignty • Formal equality of states • Focus on separation of natural and positive law • Separation of sacred and secular

36. Western Legacy • Western modes are spread by colonialism • The whole world comes to adopt these models • Former colonial states defend their sovereignty • Colonial borders still dominate • Indigenous groups seek protection in terms of their natural rights

37. Basic Tensions Remain in IL • Natural vs. Positive Laws • Are there “natural” laws? • What are they? • Does it matter if no one enforces them? • Where do we draw the lines? • Is IL really law without a sovereign? • What is the role of consent? • Is there such thing as universality? • Etc.

38. Puzzles for the Course • These basic questions will not be definitively answered in this class • We will explore these ideas in different contexts • The key is to remember that the issues we discuss are contentious

39. Problems in studying IL • Nature of IL raises issues in IR • Theory in IR questions the value and impact of IL • IL is a major area of contention in today’s IR as a result

40. IL in IR • IL is a matter of significant debate in IR • Theoretical schools see IL very differently • Realism rejects IL as irrelevant • Liberalism sees IL as a key part of constraining state behavior • Constructivism sees IL as a manifestation of the role of norms in IR • Neocolonialist theorists see IL as an extension of Western Colonialism • etc.

41. Approaches to IR • Realism • Liberalism • Constructivism • Marxism • Critical Theory

42. Types of Systems in IR • The international system • The framework in which international actors relate to one another • Domestic systems • The framework of politics within states • How to separate these systems is a realm of contention in IR

43. The International System • Anarchically ordered • All actors have formal equality of status • Sovereignty • All states have freedom of legitimate action within their borders • No state may legitimately impose policy on another

44. Domestic Systems • Hierarchically ordered • Delegated levels of authority • Clear chain of authority • Use of force is restricted • State has ultimate right to use force to impose its rules • No other actors may use force to impose their will

45. Globalization in IR • Many issue areas are affected • Speed and depth of these relations are increasing • Many problems cross borders • International solutions are required with increasing frequency • Past history show failure to cooperate internationally can lead to bad things

46. An “Intermestic” System? • It is unclear where the domestic / international lines should be drawn in IR • This leads to widely divergent views • These views include significant disagreements over international law • This is an unresolved debate

47. Systems in IL • Domestic legal systems • Universal to all within a polity • Non-voluntary • Enforced by hierarchically ordered authority • International legal systems • Voluntary • Highly divergent commitments • Enforced by self-help and/or societal pressure

48. IL as Contested Concept • IL is controversial • We still argue over basics • Is IL really law? • Does it really matter? • Is IL best understood as natural or positive? • Issue area matters • Humanitarian law is widely ignored • Trade law is hit and miss • Technical treaties are widely followed

49. Our Challenge • To start with a general framework • To accept that there are few agreed universals • To explore how the basic concept is applied in different areas