Politics of international law

Code Cours
2223-ESPOL-IR-EN-5001
Langue d'enseignement
FR, EN
Ce cours apparaît dans les formation(s) suivante(s)
Responsable(s)
SARA DEZALAY
Période

Présentation

Prérequis

This is an optional course designed for ESPOL Master students in the second year.


International exchange students are welcome to take this course, provided they have already completed a B.A. degree and depending on the total number of places available. Please note that I do not admit auditors, i.e. students who only wish to follow the course out of a general interest but without the intention to fulfill the course requirements (see below). To suceed and obtain ECTS points, students are required to attend regularly, read all assigned texts, participate actively, and perform sufficiently on all course assignments (see below).

Objectifs


Over twenty years ago, following the immediate break-up of the Cold war, American theorist Francis Fukuyama made a bold statement in the End of history, suggesting that Western liberal democracy was the end-point of our political evolution and the yardstick to govern the world of the people and ensure lasting peace. Yet, in a world now shaped by an unending ‘war on terror’, rising inequity, the mass flight of populations as well as growing internal upheavals in modern democracies with the growth of populism, not only has this statement proven wrong: it is also a challenge to re-examine how we think about war, humanitarian intervention and global justice.


In the past 150 years, there have been continued investments to foreground the ethics of the so-called “Just war” doctrine into the international framework governing armed conflict. However, the protracted war in Syria among other recent and ongoing severe crises is illustrating the growing tension between the need to protect populations and the ethics of restraint in warfare, and a realist push to justify the dictum ‘war is hell!’. Foremost, ‘our’ governments have been at the forefront to diffuse these rules, sometimes even by constitutionalizing the fear of the terrorist or migrant ‘Other’. Be it the new surge of populism in the US, Europe and Latin America or the ‘migration crisis’ in Europe, these evolutions are articulated in a new political grammar foregrounding an apparently all-round backlash against neo-liberal globalization, entrenched political elites and corruption, as much as globalism epitomized by the rejection of the migrant ‘Other’.


This module takes on these evolutions, critically assessing the ‘pull’ of changes in world power dynamics and their impact on the practice and politics of war, humanitarian intervention and the authority of global justice institutions. Built on empirical case-studies, it is an invitation to students to revisit debates among International Relations scholars, and to expand on them by interrogating the relationship between power, law, economics and morality in global governance. Now, more than ever, power is knowledge, and knowledge is power: through this module, students will strengthen their capacity to critically assess our perception of unfolding crises through an empirically-driven, theoretically-strong and historically-enriched understanding of the past.


Whether you are aiming for a practice-oriented career in the various international relations professional markets (diplomacy, non-profit sector, IOs…) or an academic path this module aims at providing you at equipping you with a deep understanding of the broader architecture of global society and the forces that shape it. In particular, it will build upon and consolidate the intellectual and transferrable skills that you have developed during your undergraduate studies and the first term of your Master’s degree and help you build and develop those into specific research skills.


Présentation

The course will take place on site.


The course spans over 24 hours, divided in 11 sessions.



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



The first part (sessions 1-4 and 6-7) 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 around a short introduction to the theme by myself, followed by student-led discussions.


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



Session 5 will be a methods session, focused on the fieldwork memo, research proposal and in-class presentations. Readings for this session are mandatory as they will help you prepare for your memo, proposal and in-class presentations.



The second part (sessions 8-11) of the course will be organized around three topics: terrorism, migration and climate change.


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 and will be organized around individual presentations.


Evaluation



The evaluation process will be threefold:


(1) In the first place, seeing that the course will not take a classic ex-cathedra form and leave substantial space for debate and discussion, students will be graded on their oral participation (20% of the final grade). It will therefore be imperative to duly prepare each session by familiarizing yourselves with the associated materials.


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.



(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 during the second part of the module. They will be required to write a short fieldwork memo (1000 words) and present it in class. The memo and the in-class presentation will account for 30% of the final grade.


The memo needs to be handed out on the day of the presentation.



(3) Finally, each student will be asked to write a research proposal building on their fieldwork memo. The 4000 words paper will serve to assess the relevance, possibilities & limitations, and the approach (theoretical and empirical) required to build a research project out of the fieldwork memo. This will account for 50% of the final grade.



Modalités

Modalités d'enseignement

Session 1 - Course Introduction - 17 January 2023 - 2-4pm

· Course introduction

· Welcome quiz

· Why examine the relationship between international law and politics?

Part 1. Politics of international law in a divided world

Session 2 - International law as politics? - 24 January 2023 - 1-3pm

· 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

Session 3 – International law and the politics of war - 31 March 2023 - 1-3pm

· From the “just war” to the United Nations

· Interventions

· Terrorism and international law

· Cyber warfare

Compulsory readings:

· Hathaway, O and Shapiro, S (2019) “International Law and its transformation through the outlawry of war” 95(1) International Affairs 45-62

· Hakimi, M and Katz Cogan, J (2016) ‘The two codes on the use of force’ 27(2) The European Journal of International Law 257-271

Session 4 - International law and the politics of humanitarianism - 7 February 2022 - 1-3pm

· Humanitarian intervention in the Cold war

· Humanitarian intervention and the war on terror

Compulsory readings:

Orford, A (1999) ‘Muscular Humanitarianism: reading the narratives of the new interventionism’ 10(4) European Journal of International Law 679-711

Report on Welsh, J ‘The return of history’, Lecture 2, The 2016 CBC Massey Lectures https://www.cbc.ca/radio/ideas/the-2016-massey-lectures-the-return-of-history-1.3695531

Session 5 - Methods session: International law and interdisciplinary research - 21 February 2023 – 1-3pm

· Fieldwork memo, research proposal and in-class presentation: expectations

· Migration, terrorism and climate change: discussion on methods and empirical choices

Compulsory readings:

Burridge, A and Gill, N (2017) ‘Conveyor-Belt Justice: Precarity, Access to Justice, and uneven geographies of legal aid in UK asylum appeals’ 49(1) Antipode 23-42

Kaleck, W and Schüller, A (2019) ‘Universal Jurisdiction gains new momentum’ FICHL Policy Brief Series No. 96

Seck, S L (2017) ‘Revisiting transnational corporations and extractive industries: climate justice, feminism, and state sovereignty’ 26(2) Transnational Law and Contemporary Problems 383-414.

Session 6 – International law and the politics of global justice - 28 February 2023 - 1-3pm

Évaluation
Examen : coeff. 100

Ressources