Presentation Transcript

1. Laws 243Current Legal Issues:The Use of Force in International Law

   Dr Myra Williamson Kuwait International Law School Springsemester 2014
2. Introduction Dr Myra Williamson Associate Professor of Law From New Zealand BA (Politics) – Bachelor of Arts LLB (Hons) – Bachelor of Laws LLM (Hons) – Master of Laws PhD – Doctor of Philosophy Background Research interests
3. My teaching philosophy “The mind is not a vessel to be filled but a fire to be kindled” - Plutarch Active learners Life-long learners Socratic method - Q and A Discussion and debate is always welcome Friendly and positive classroom atmosphere
4. Contact information Open door policy Office 54 – near front glass doors Best time to see me: straight before or after class or by appointment Email: drmyrawilliamson@gmail.com OR info@drmyrawilliamson.com OR dr.myrawilliamson@kilaw.edu.kw Website: www.drmyrawilliamson.com/students Twitter: @MyraWilliamson
5. Introductions continued… Students - Handout Who are you? Why are you studying law? Why are you studying this course? What do you want to do when you finish? Work? Post-graduate study?
6. What you need to bring to class Notebook Pens Folder (for keeping all handouts and notes) Textbook/readings when available A positive attitude An open mind
7. Attendance Attendance at lectures and study groups is compulsory Please be in class within the first 10 minutes. I will try to start on time and if you are late you will miss important announcements and material Please attend all study groups unless you hear otherwise
8. About this course… Paper title: Current Legal Issues Specific topic this semester: “The use of force in international law” Why this topic? What do you know about this topic?
9. Course textbook/readings Abbas, A., Complete International Law: Text, cases, materials (Oxford University Press, 2012) – chapters 9 and 10 mainly Shaw, M International Law (6thed, Oxford University Press, 2008) Williamson, M Terrorism, War and International Law (Ashgate, 2009) Other books available in the library (check the new arrivals section which is on the female side, on right as you enter) UN Charter – available online Other materials handed out during class
10. Course description All societies face the problem of how to control the use of force. International society is no exception. The control of the use of force in the international arena has proved to be one of the most difficult problems in international law.
11. Course description continued… This course will examine the international law on the use of force. It will introduce students to the laws relating to the prohibition of the use of force and discuss their exceptions, both agreed and controversial.
12. Course objectives - 1 To provide students with an understanding of the historical development of the characterization of the use of force (jus ad bellum) as unlawful and of the development of the UN system of collective security.
13. Course objectives - 2 To develop students' knowledge and understanding of the rules relating to the prohibition of the use of force and the exceptions, both agreed and controversial, to those rules.
14. Course objectives - 3 To examine and critically assess some specific cases of the use of force. We will look at cases including Iraq, Afghanistan, Libya and Syria in the context of the legality of the use of force.
15. Skills to develop Knowledge Cognitive skills Interpersonal skills and responsibility Communication skills
16. 1. Knowledge This course will help you to develop an academic interest in the nature and function of one specific area of international law The course will help you to understand different legal issues which are necessary for you to be able to continue in your legal education. The knowledge that you acquire in this course complements knowledge gained in other international law courses (eg. Public international law, international environmental law, human rights etc)
17. 2. Cognitive skills Students will be encouraged to apply theoretical considerations to different problems and cases Students will be required to co-ordinate elements of the theory and practice by utilizing different legal texts
18. 3. Interpersonal skills and academic freedom The student should be able to take responsibility for their own learning. The student should be able to identify the various problems raised in different areas of law. Debate and discussion are vitally important – disagreements with the teacher will not affect the student’s grades. You are free – and strongly encouraged - to develop your own thinking and ideas. Disagreeing with me will not impact on your grades as I am not here to persuade you to believe what I think
19. 4. Communication skills The student will develop her skills in communicating his/her ideas, both orally and in writing. The student will demonstrate his/her ability to use new technologies to complete her research and in the preparation of his/her assignments and projects
20. Course content: what are we going to cover? Course participants will examine the law and practice relating to United Nations (UN) actions, including the changing nature and role of UN security actions in the post-Cold War era. We will understand the two main exceptions to the prohibition on the use of force and other emerging exceptions
21. Course content continued… The course will pay particular attention to the development of unilateral security actions such as the war in Iraq (2003) and the war in Afghanistan (2011) and discuss other recent developments such as the legality of the doctrine of pre-emptive force. Recent events, such as the Arab revolutions, will also be discussed in the context of considering whether the use of force is possible and/or appropriate.
22. Assessment – to discuss Total = 100% Final Exam = 60% Coursework = 40% Coursework: suggested assessment Test = 5% (week 7 ?) Mid-term exam = 20% (week 9 or 10) Student presentation = 10% (week 13) Class attendance and participation = 5% (all semester)