Politics of international law

Code Cours
2223-ESPOL-ITLAW-EN-2001
Langue d'enseignement
Français, Anglais
Ce cours apparaît dans les formation(s) suivante(s)
Responsable(s)
SARA DEZALAY
Période

Présentation

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 six 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 two sessions discuss this challenge by looking at the practical applicability and import of international law, focusing on the roles played by international and national courts in (re)shaping local and global politics.



Présentation


Lecture 1 - 5 October, 3-5pm


General introduction: overview of the course and evaluation


Introductory lecture:


1) What is international law?


2) International law and politics, a dysfunctional relationship?



Lecture 2 - 12 October, 3-5pm


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


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



Lecture 3 - 19 October, 3-5pm


1) Humanitarian intervention in the Cold war


2) Humanitarian intervention and the war on terror



Lecture 4 - 9 November, 3-5pm


1) The judicialization of the international political order


2) International law and global justice over common goods



Lecture 5 - 16 November, 3-5pm


1) Disputes between states


2) Disputes between states and multinational corporations



Lecture 6 - 23 November, 3-5pm


1) International criminal law and individual responsibility under international law


2) The International Criminal Court: why does it remain so fragile?



Lecture 7 - 30 November, 3-6 pm


Terror trials (format tbc)



Lecture 8 - 7 December, 3-6 pm


Asylum justice (format tbc)


Modalités

Modalités d'enseignement

The course will take place on site. Please note that it will start on October 5th 2022.

The course spans over 18 hours, divided in 8 sessions.

The first six sessions will last two hours and will take place from 3-5pm on Wednesdays 5 October, 12 October, 19 October, 9 November, and 23 November.

The last two sessions will last 3 hours and will take place from 3-6pm on Wednesdays 30 November and 7 December.

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

The first six sessions will each be organised around two sets of topical issues that illustrate and question the expansion of international law and its fraught relationship with global and national politics.

The last two sessions will be organised around two themes: terror trials and migration/asylum. These sessions will have a practical import: they will combine guest lectures (tbc) and practical case-studies.

There will be one mandatory reading per session. Students will be required to mobilise these readings for the exam (see below). The texts will be uploaded on iCampus. Students are not required to read the texts before the sessions. On the contrary, it might be useful to read them to reflect on each session’s learning outcomes.

At the end of each session, a pdf version of the slides will be uploaded on Moodle. Additionally, a short series of recap questions will be provided so that students may test what they have understood to be the core questions of each session. Note that these questions are provided as a means of self-evaluation: you will not have to hand over written answers but should use these as talking points to discuss and raise in class and to prepare for the final exam.

The evaluation will consist of a final exam at the end of the semester.

The exam is scheduled to last two hours and to take place online.

It will focus specifically on the last two sessions. Students will be provided with a practical case and required to mobilise learning outcomes from the first six sessions of the course, as well as the practical import of the last two sessions. It will be an open-book exam. This means that students may access their notes and any relevant international treaties/conventions. The general expectation is that students show their ability to engage with the practical case both critically and empirically.

Specific expectations will be discussed in detail during the last two sessions.

Évaluation
Examen : coeff. 100

Ressources