POLS 3205 INTERNATIONAL LAW -- Honors
University of North Georgia
Dr. Jonathan S. Miner
Office: Hansford Hall 331; (706) 867-2578 Email: jonathan.miner@ung.edu
Office Hours: MWF 10:00am-12:00 noon and by appointment
Purpose of the course – The purpose of this course is to introduce students to the legal concepts and provisions of international law, their real world applications, the benefits and controversies they create, and the international practices that reduce their effectiveness. Lecture, assigned reading materials and class discussion provide an opportunity to learn about law in an international political context. After discussing the basic tenets of international law, we will apply them t o several of today’s controversial issues. Students will undertake a mock trial and legal brief as their major project in the second half of the course.
Communication with me: I intend to be an approachable and available faculty member, and my goal is to generate an effective and enjoyable learning atmosphere. To that end, I look forward to meeting with each of you regarding class and other academic matters but I’d appreciate your help to manage my time better. So…
1. Please ask questions during my office hours, before or after class. I have set aside this time specifically for you, please take advantage of it.
2. Outside of these times, please email questions rather than call and leave messages. I am in and out of the office every day and much more easily reached by email.
3. Be patient; if you email me after 8pm or at 1:30 or 5am do not expect a prompt response. I will respond within 24 hours during the week, longer on the weekends.
4. Read the syllabus…answers to many of your questions are there. You will then have immediate answers and will not need to wait for my (hopefully still on-time) response.
THANK YOU!
UNG General Education Learning Outcomes
This course addresses the following learning outcomes:
The student will:
1. Communicate effectively using multiple literacies and forms of expression;
2. Demonstrate analytic, contextual, and holistic thinking;
3. Engage in integrative learning;
4. Reflect critically and take informed action individually as citizens;
5. Analyze ethical interactions in local and global communities.
Course objectives
1. To understand the foundations of international law and its treatment of state and non-state actors.
2. To give students a bit of the flavor of law school through case briefing presentations, a mock trial and an accompanying legal brief.
3. To explore a number of case studies which apply international law to international affairs.
4. To encourage a learning from and respect towards the differing opinions of others
5. To encourage students to enjoy coming to class and learning about the growth in and continuing challenges to international law in the global system.
Teaching Philosophy and Strategy – No prior knowledge is necessary to excel in this course, although it is helpful to have taken introductory Political Science classes. This is not an introductory course. What is necessary is a desire to learn, discuss, and share your opinions with others.
This class will be structured around a class dialogue in which information, knowledge, and thought will be generated through discussion. While I will guide class discussion and provide lecture and background information, a good portion of the course will require your participation and opinion. I will quickly learn your names and you are expected to participate regularly in class.
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Evaluation – 770 Total Points
1.
Participation (50 pts)
2.
Mock law school class case briefings (120 pts)
3.
Exam 1 (100 pts)
4.
Exam 2 (100 pts)
5.
Honors Legal Analysis Paper (100pts)
6.
Mock trial (150 pts)
7.
Legal brief (150 pts)
Missed tests, assignments, and make-ups
If you miss a test, assignment or paper there may be an opportunity for a make-up as long as you contact me with a valid and substantiated excuse within 48 hours of the exam. You must have a valid reason why you missed the test and be able to strongly support your position.
If you are sick go to the University Health Center or your personal doctor and get checked out, and obtain documentation with the dates and times you were unable to attend school.
You must have full and verifiable documentation in order to qualify for a make-up.
Be aware that make ups are given at the sole discretion of the instructor, Dr. Miner. Any test make-up will be in the form that the instructor chooses, normally all essay, and will be far more difficult than the original. Make up exams are a far more likely possibility if you contact me in advance. After the exam, paper, or assignment is due your chances of a makeup drop dramatically.
Grading: A: 90 – 100, B: 80 – 89, C: 70 – 79, D: 60 – 69, F below 60
Required Book: International Law , Malcolm Shaw, 7 th edition, Cambridge University Press
Class Schedule (this schedule is a guideline and can be modified for teaching purposes)
Week 1 (5 January) o Introduction o Shaw Chapters 1 & 2 (pp. 31-39 only): What are the main features of the international legal community?
Week 2 (12 January) o Shaw Chapters 1, 2 (pp. 31-39 only) & 5: The Subjects of International Law o Case 1: The Lotus Case DUE BY CLASS TIME WEDNESDAY
Week 3 (19 January) o Shaw Chapters 3 & 16: International law creation
– Custom and Treaty o Case 2: Case Concerning the Temple of Preah Vihear DUE BY CLASS TIME FRIDAY o NO CLASS MONDAY 1/19, MLK HOLIDAY
Week 4 (26 January) o Shaw Chapters 4 & 12: The domestic implementation of international law; discussion of domestic implementation cases o Case 3 (three related cases): Missouri v. Holland; Reid v. Covert; Asakura v. City of Seattle DUE BY CLASS
TIME WEDNESDAY
Week 5 (2 February) o Exam 1: Review Monday, part 1 Wednesday in class, part 2 Friday in class
Week 6 (9 February) o Shaw Chapters 5, 14 & 23: State Sovereignty and its Limits: Recognition and Sub-State Groups o Case 4: Reparation for Injuries Suffered in the Service of the United Nations DUE BY CLASS TIME
WEDNESDAY
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Week 7 (16 February) o Shaw Chapters 8 & 13: Immunity for States and Individuals under International Law o Case 5: Filartiga v. Pena-Irala DUE BY CLASS TIME WEDNESDAY o I WILL BE OUT AT A CONFERENCE WEDNESDAY AND FRIDAY
Week 8 (23 February) o Shaw Chapters 18, 19 & 20: Compliance and Enforcement; Discussion of oil platforms case o Case 6: Case Concerning Oil Platforms (Islamic Republic of Iran v. USA) DUE BY CLASS WEDNESDAY o 27 February – LAST DAY TO WITHDRAW FROM THE COURSE WITH A “W”
Week 9 (2 March) o Exam 2: Review Monday, part 1 Wednesday in class, part 2 Friday in class
Week 10 (9 March) o Major project outlined; mock trial and briefing teams assigned o Work on trial projects in class Wednesday and Friday
NO CLASS SPRING BREAK MARCH 16-21
Week 11 (23 March) o Shaw Chapters 9, 10 & 17: State Recognition, Territory and Succession o Work on trial projects in class Friday
Week 12 (30 March) o Shaw Chapter 21: International Humanitarian Law o Honors Presentations
Week 13 (6 April) o Shaw Chapter 22: The United Nations System o Work on trial projects in class Friday
Week 14 (13 April) – ALL BRIEFS DUE TO D2L BY SUNDAY 12 APRIL at 5:00pm o Trial group 1 – Monday, Apr 13 o Trial group 2
– Wednesday, Apr 15 o Trial group 3
– Friday, Apr 17
Week 15 (20 April) o Work on decision briefs Monday o Legal brief revision Wednesday and Friday
FINAL EXAM: Legal brief due by Monday 27 April at 10:00 (end of exam time) to D2L; hard copy due to my office,
Hansford Hall 331
CLASS POLICIES
Attendance Policy:
Class attendance is mandatory and will be taken at every class. This course follows the absence policy in the
UNG Handbook, please see it for details. Absences in excess of the listed amounts in the UNG Handbook will result in students being dropped from the course.
The bottom line: come to class. If you miss I must have a definitive written excuse on paper or by email within
48 hours of the absence (school days).
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When possible, students are asked to notify the instructor of absences prior to the date the student will not be attending class. This will allow the student to know if the absence will be considered an excused absence and whether or not assignments or papers need to be turned in early or if quizzes or exams need to be taken early.
Students will only be allowed to turn in late assignments or papers if they have an excused absence, as determined by the instructor and all the bylaws of the UNG Student Handbook. Students should also recognize that documentation may be required for absences if they are considered excusable absences by the instructor.
It remains at the instructor’s discretion whether or not this will be an excused absence from class. If you miss class you are responsible for getting the class material that was covered that day.
If any student in this class is a member of a varsity athletic team or other university organization that requires frequent travel, you must present a schedule of the organization's events to me during the first two weeks of classes. Additionally, if any of these absences interfere with examination times, a make-up exam must be scheduled. The scheduling of the make-up exam must be done with consultation with the instructor no less than
2 weeks before the exam date.
University Academic Policies
UNG academic policies are found at the following link: http://ung.edu/academic-affairs/policies-andguidelines/supplemental-syllabus.php
Class Participation
The participation portion of the grade will be based on how actively a student participates by answering questions raised in class, contributing to class discussions in a meaningful way, or by raising questions that are central to understanding the material covered. Participation in class is an essential part of the transfer of information and knowledge, a crucial component of the learning process. Education is just as much about conveying information in a way that others can understand it as it is about learning new information. Possessing knowledge and information loses some of its value if an individual possessing that knowledge and information does not have the ability to pass it to another.
I understand if you are not comfortable speaking in class. Part of the learning process involves overcoming those fears and speaking up. However, if you are not comfortable speaking in class every day, or consistently enough to earn the grade you would like, please come talk to me and we can work out another way for you to give input.
Discussion ground rules
Goals
1.
We learn better together than alone. These are complicated issues. Hearing other students’ opinions allows us to look at issues in a way we might not have thought of before.
2. Discussions allow everyone to give their own opinions based on the readings, discussion and personal beliefs.
3. They enable students to better analyze issues and make you more comfortable speaking in class, something you will need in upper-level classes.
Expectations
1. I expect all of you to participate every day. This means giving your opinion on the subject being discussed and the reading assigned, either in class or through some other method.
2. You do not need to be right, brilliant, or the most persuasive participant. What I’m looking for is effort.
3. I expect that you will participate without being called on…
4. …but since I know your name I will call on you.
Ground Rules
1. Everyone gets a chance to participate. Do not monopolize discussion.
2. Let people finish their thoughts. Don’t interrupt others while they are speaking.
3. No personal attacks. ALL opinions are valid.
4. Side discussions are encouraged during class BUT should not be so loud as to drown out those speaking.
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Mock Law School Case Briefing (6 cases @20 pts each; 120 pts total)
I’m sure all of you have many different reasons for taking this class – political science requirement, international affairs requirement; liberal arts requirement; “need a class for graduation requirement” – this part of the participation grade is for any of you considering going to law school or curious about how it works.
In law school you learn by reading and analyzing case law. Each case ruling is the authority when that particular situation arises in the future. This is called precedent. Each day you have assigned reading. This reading consists almost entirely of cases.
This is not undergraduate study, however, and the stakes are much higher in law school. You only have one exam worth 100% of your course grade, and there is mandatory daily class participation. Unfortunately, the demands of class participation are much higher than in college, and excellent performance gives you recognition from the professor but no additional points. Poor performance over time results in negative recognition and a grade reduction for the course.
Class participation is in one form: case recitation. You come prepared for class because law professors randomly call on students to “diagram cases”. Diagramming a case consists of 4 parts:
1. The facts – what real life events is the case about (4 pts)
2. The issue – the aspect of law that is under dispute (7 pts)
3. The reasoning – why the court decided the way it did (7 pts)
4. The decision – the court’s final ruling (2 pts)
I will be calling on different students for each part of the case; you get no passes ; if you answer “I don’t know” you lose the 20 pts for that case write-up.
Case brief write-up instructions
1. Case briefs are to be 2 pages maximum single spaced.
2. You may use narrow margins, but font must be 11 or 12 point.
3. All case briefs are to be submitted to their respective D2L dropboxes.
4. Quoting allowed is for sections of international and domestic laws but MUST never be more than one sentence …you should in any case almost never quote an entire legal provision. All explanations must be in your own words .
5. You can accomplish this by getting to the heart of the case…what are the most important issues? Facts?
Reasoning?
Each student must do his or her own work. Direct quotes or paraphrasing from an outside source must be cited. If I detect copying (this is at my discretion) the penalties are as follows:
First offense:
1. No credit for the assignment, and
2. A zero for the entire case brief segment of the course.
3. Academic Integrity Council Incident Report will be filed.
Second offense:
1. Student will be dropped from the course with a grade of “F”
2. A second Academic Integrity Council Incident Report will be filed.
For each day on each case the professor calls on a different person to stand, summarize, and analyze any one or all four parts of each case. It is not known in advance who will be called upon to do what case, which is why every student is prepared to summarize every case, every day.
As a class, you will be responsible for summarizing, in class, six international law cases, as listed in the syllabus. They are posted on D2L. A written diagram is due to me by the date listed on the syllabus. It must
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be submitted to D2L by that date or it will receive no credit. These dates are set in advance and few excuses necessitate an extension so plan accordingly.
You must be prepared to summarize each of the cases, for I will call on a different person for each part of each case.
A little taste of law school goes a long way…
Honors Legal Analysis Paper (100pts)
Each Honors student will choose an international legal issue of interest, approved by the instructor in advance.
Students must 1) interview an expert in this field which they seek out themselves, 2) ground their analysis of the issue in the relevant international legal case law, and 3) present their findings to the class during the week of
March 30 th , 2015.
Paper requirements

5 pages of text, with title page, abstract and bibliography as additional requirements

A minimum of 10 legal sources (case law)

A minimum of 10 academic sources (books, peer reviewed journals, etc.)

A phone or written interview with an expert on the issue contacted by the Honors student
MOCK TRIAL AND LEGAL BRIEF (150 pts each; 300 total)
Research
Handouts are meant as an initial starting point. You can use any other legal information to make your argument. The Avalon Project at Yale University is an excellent place to start, in addition to your textbook and course notes from the first half of the course. It has links and can be accessed at:
Brief Instructions
1. The brief should be of the following form: a. The authors of each section must be listed under each section b. Section 1: An abstract of your overall argument and conclusions c. Section 2: A summary statement of the facts d. Section 3: Each of your arguments under a separate heading e. Section 4: Your conclusions f. Section 5: End notes (you may use whatever citation style you like, however, consistency in your chosen method is imperative) g. Section 6: Works cited page
2. A copy of your brief must be submitted on D2L and a hard copy given to me by the dates listed below under trial procedure rules.
3. I will look over your trial briefs on the day of the trial and return them promptly so that changes can be made.
4. The final due date for your trial brief is the final exam period, Monday 27 April at 10:00am . Someone from your group must turn in your finished brief to my office and it must be submitted to D2L.
5. Grading: The written component (150 pts) will be based on a combined brief containing the work of all team members.
Trial Procedure Rules
1. Professional attire is required for all participants.
2. All brief submissions are due Sunday 12 April by 5pm to D2L.com
3. Trial group 1 Apr 13
4. Trial group 2 Apr 15
5. Trial group 3 Apr 17
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6. Trial schedule (the class period lasts 50 minutes): a. Time will be kept and it is your responsibility to fit your arguments into the allotted time. Teams will not be allowed to exceed that time; what you do not present will not be taken into account by the judges in their final decision (although it will be taken into consideration for the written brief grade). b. Each side will have 22 minutes to present their case; use it all . c. A jury of a portion of the class will write up a decision brief and present it the following week.
7. No witnesses or expert testimony will be allowed. All arguments must be presented orally using the facts of the hypothetical situation and any outside research you compile to make your argument. No objections are allowed.
8. Each participant must present at least one part of the argument. The division of labor does not have to be completely equal, but each team member must present a significant portion of the argument.
9. I must be supplied with a 1-2 page trial outline and Power Point with the names of your specific points of argument and the member(s) of the trial team making them on the day of the trial. A 5% deduction off your legal brief will result if you do not turn in an outline.
10. Grading: a. The oral component (150 pts) will be based on each individual team member’s participation in the trial development process and his/her argument and participation in the trial itself. Students are advised to be active during the trial…shyness will not be an acceptable excuse for a lack of participation! b. The written part (150 pts) is a collective score; you get the same points as everyone else on your team.
11. Peer review: At the conclusion of your trial exercise each of you will fill out a peer-review survey of your team members, which I will take into account when grading.
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