Politics of global justice

Code Cours
2324-ESPOL-POLS-EN-5003
Langue d'enseignement
FR, EN
Ce cours apparaît dans les formation(s) suivante(s)
Responsable(s)
SARA DEZALAY
Période

Présentation

Prérequis

This course relies on knowledge acquired in Semester 2 (Public international law).

Objectifs

The expansion and breadth of international law and institutions over global politics in the past sixty years continue to underscore the ever-increasing intertwining between international law and global politics. Yet, the geopolitical arrangements of the latter half of the twentieth century of “embedded liberalism”, decolonisation and the “end of history” have given way to new challenges such as, terrorism, internal conflicts, weapons of mass destruction and human rights. What role can international law play in a deeply divided world where multinationals often hold more power and more assets than many nation states and where the state’s monopolistic claim as law’s harbinger is increasingly under attack?



The primary aim of this course is to introduce students to international law concepts and norms and to explore its development and authority in an ever-changing world system. Ever since the 20th century, international law which was initially conceived as the law of nations has today expanded to also encompass rights and duties of international and transnational organizations, as well as individuals. Further, it has moved from a law regulating mainly western states to one regulating both western and non-western states. In addition, international law is continuously called upon to deal with new challenges ranging from global migrations, terrorism to changing conceptions of security and of the state.


The first four sessions of the module explore these changes by looking at topical issues of international law, such as the conduct of war, humanitarian intervention, human rights, terrorism. One of the core challenges facing international law is the tension between the continued traction for international legal responses to emerging threats but the unevenness of the authority of international law in global and national governance.


The last sessions discuss this challenge by looking at the practical applicability and import of international law, focusing specifically on the roles played by international and national courts in (re)shaping local and global politics. They will be based on a field trip session and a concluding session.

Présentation


Session 1 – 13 September - 12-3pm


· Course introduction


· Why examine the relationship between international law and politics?


· Distribution of group presentations



Compulsory reading:


B. Taub, ‘The Assad files. Capturing the top-secret document that tie the Syrian regime to mass


torture and killings’, The New Yorker, 18 April 2016



Session 2 - 20 September 2023 - 12-3pm



Theme 1. International law as politics?


· Colonialism, imperialism and the problem of sovereignty in the post-colonial international order


· Human rights, state and non-state actors in a neoliberal world



Compulsory readings:


Anghie, A (2006) ‘Decolonizing the concept of ‘good governance’’ in Gruffydd Jones, B (ed.)


Decolonizing International Relations (Lanham, Rowman & Littlefield Publishers, Inc)


109- 130


Dezalay, Y and Garth, BG (2006) ‘From the Cold war to Kosovo: the rise and renewal of the


field of international human rights’ 2 Annual Review of law and social science 231-55



Theme 2. International law and the politics of war


· From the “just war” to the United Nations


· Interventions


· Terrorism and international law


· Cyber warfare



Compulsory readings:


Blakeley, R and Raphael, S (2017) ‘Conducting Effective Research into State Complicity in


Human Rights Abuses’, Contemporary Social Sciences, DOI: 10.1080/21582041.2017.1391406


Duffield, M. Global Governance and the New Wars. The Merging of Development and Security, London


Zed Books, 2001. Chapters 1, pp. 1-21 and 4, pp. 75-107.




Session 3 – 27 September 2023 - 12-3pm



Theme 1. International law and the politics of humanitarianism


· Humanitarian intervention in the Cold war


· Humanitarian intervention and the war on terror



Compulsory readings:


Levi, R and Hagan, J (2012) ‘Lawyers, humanitarian emergencies and the politics of large numbers’.


In Y. Dezalay and B.G. Garth (eds.), Lawyers and the construction of transnational justice,


Routledge, pp. 13-47


Neuman, M and Weissman, F (2016) Saving lives and staying alive: humanitarian security in the


age of risk management, Hurst. Chapter 1.


Available online: https://www.msf-crash.org/en/publications/secourir-sans-perir-la-securite-humanitaire-lere-de-la-gestion-des-risques-0




Theme 2. International law and the politics of global justice


· The judicialization of the international political order


· The tension between politics and justice



Compulsory readings:


Kaleck, W and Kroker, P (2018) ‘Syrian Torture Investigations in Germany and Beyond’ Journal


of International Criminal Justice 16: 165-191


Levi, R and Hagan, J (2005) ‘Crimes of war and the force of law’ 83(4) Social Forces 1499-1534




Modalités

Modalités d'enseignement

The course will take place on site.

The course spans over 24 hours, divided in 6 sessions of 3 hours and one field trip of six hours.

In case of any change of schedule, students will be informed through the scolarité.

The first part (sessions 1-4) of the course will review core themes/empirical areas of tension between international law and global politics.

Each session in this part of the course will be organized two different sets of themes with each theme briefly introduced by the lecturer, followed by student-led discussions, based on topical group-presentations.

The reading list, compulsory readings and assessment dates will be posted on I-campus during the first week of September 2023.

Session 5 will be a field trip (format tbc). Readings for this session are mandatory as they will help you prepare for the field trip, collective research and the memo you will submit following the field trip.

These sessions will have both a research and research-in action import: they will build on discussions on research methods and examine law in action.

The last section of the course will be organized around discussions on collective research conducted during the field trip.

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1. Evaluation

The course is centered on class discussions and all assigned readings are compulsory unless otherwise noted. For the quality of class discussion, it is essential that you do the readings before each session.

The evaluation process will be threefold:

(1) Group presentations (20% of the final grade) (2-3 students, on one sub-theme of the course).

(2) Second, as international law and international relations are often seen as standing at odds in terms of research approaches and methodologies, students will be asked to conduct fieldwork using methods and focusing on issues discussed, researched and observed during the field trip. You will be required to write a short fieldtrip memo (1000 words) and present it in class. The memo and the in-class presentation will account for 30% of the final grade.

(3) Finally, each student will be asked to write a research essay of 2500 words. The topics will be distributed during the first session. This will account for 50% of the final grade.

Évaluation
Contrôle continu : coeff. 100

Ressources