PS 123A: The Politics of International Law
Course Syllabus
Spring 2014
Professor Leslie Johns
ljohns@polisci.ucla.edu
Bunche Hall, office #3381
Teaching Assistants:
Naveed Mansoori
Clint Vansonnenberg
avemisreadnoon@gmail.com
vanc12@ucla.edu
LOCATION and TIME:
Perloff 1102
TR 9:30 – 10:45 am
Office hours for Professor Johns: Wednesdays 10-11 am and by appointment
COURSE DESCRIPTION:
This course will blend legal and political science approaches to international law.
• We will survey the major principles, issue-areas, and institutions of international
law, with a special focus on investment, trade, human rights, and criminal law.
• We will examine how politics affects the creation and development of
international law, and the willingness of states to comply with and enforce law.
This is an upper-level course designed for juniors and seniors.
ASSIGNMENTS and GRADING
Your grade in this course is based on the following:
• Participation: 25% (This includes active participation in discussion sections, and
demonstrated preparation and understanding of readings. The TAs may
administer quizzes at their discretion.)
• Midterm exam (April 29): 30%
• Final exam (June 5): 35%
• Group research project (presentations on June 10): 10%
There will be no make-up exams. If you miss an exam, you will receive a grade of zero.
There will be no exceptions to this policy.
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GROUP RESEARCH PROJECT
One component of the course will be a group research project. Each section will be
divided into five groups, each with 3-5 students. Each group will choose a recent case
heard by an international court, research legal and political aspects of the case, and then
make a presentation on June 10. These presentations will be evaluated by UCLA alumni
who work in law or related fields.
TEXTS
Required text:
Shaw, Malcolm. (2008) International Law. Cambridge: Cambridge University
Press. 6th Edition.
New copies of this text in paperback sell for $60.00-80.00. Cheaper used copies
are widely available from internet retailers. Please be aware that content in
textbooks can sometimes change when the publisher issues a new edition. You
will be held responsible for material in the 6th edition (dated 2008). If you choose
to buy an earlier version of the textbook, you do so at your own risk. A copy of
the textbook will be placed on reserve in Powell College Library.
Other required readings:
These will be made available on the course web-site at:
https://moodle2.sscnet.ucla.edu/course/view/14S-POLSCI123A-1
ACADEMIC INTEGRITY
All UCLA students are bound by UCLA’s Student Conduct Code, which is available at:
http://www.deanofstudents.ucla.edu. As required by UCLA procedures, any suspected or
alleged misconduct---including plagiarism and cheating---will be automatically reported
to the Dean of Students. If you have any questions or concerns about what constitutes
plagiarism, you should consult with your TA, professor, or the Office of the Dean of
Students.
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TOPICS and READINGS
Week 1: Sources and institutions (Apr 1 & 3)
Readings: Shaw, Chapter 3: “Sources” -- Read the full chapter. You may skim pages
72-93 (the section on “Custom”).
Shaw, Chapter 19: “The International Court of Justice”
Section:
No materials. Sections will be administrative.
Week 2: Law of treaties (Apr 8 & 10)
Readings: Abbott, Kenneth W., and Duncan Snidal. (2000) “Hard and Soft Law in
International Governance.” International Organization. 54: 421-456. --Read pages 421-450 only.
Shaw, Chapter 16: “The Law of Treaties”
Section:
Materials on legal status of unilateral declarations: Nuclear Tests
- Summary of order of provisional measures
- Redacted majority opinion (on the merits)
Week 3: Custom (Apr 15 & 17)
Readings: Shaw, Chapter 3: “Sources” --- Read pages 72-93 only (the section on
“Custom”).
Goldsmith, Jack L., and Eric A. Posner. (1999) “A Theory of Customary
International Law.” The University of Chicago Law Review. 66(4): 11131177. – Read pages 1113-1135 and 1158-1167 only.
Section:
Materials on custom in maritime delimitations: North Sea
- Summary of case in Rosenne’s
- Redacted majority opinion
- Redacted dissenting opinion of Judge Lachs
- Text of the Geneva Convention on the Continental Shelf of 1958 (for
reference)
Form into groups for research project.
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Week 4: Diplomatic and consular relations (Apr 22 & 24)
Readings: Brownlie, Ian. (2003) Principles of Public International Law. Oxford:
Oxford University Press. Chapter 17: “Diplomatic and Consular
Relations”
Materials on consular notification cases:
- Vienna Convention on Consular Relations (Paraguay v. United States of
America) – summary of 1998 order of provisional measures
- LaGrand (Germany v. United States of America) – redacted 2001
judgment
- Avena and Other Mexican Nationals (Mexico v. United States of
America) – redacted 2004 judgment
- Text of the Vienna Convention on Consular Relations of 1963 (for
reference)
Section:
T
Materials on US v. Devyani Khobragade:
h
- Indictment from US District Court, Southern District ofe New York
- Collected news articles
r
- Text of the Vienna Convention on Diplomatic Relations
e of 1961 (for
reference)
Group research memo due.
Week 5: Midterm exam and guest speaker (April 29 & May 1)
Readings: None.
Section:
Group meetings with Professor Johns.
Midterm Exam: Tuesday, April 29 in lecture
Guest Speaker: Thursday, May 1 in lecture
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Week 6: Investment law (May 6 & 8)
Readings: Guzmann, Andrew. (1998) “Explaining the Popularity of Bilateral
Investment Treaties: Why LDCs Sign Treaties that Hurt Them.” Virginia
Journal of International Law. 38: 639-688.
Section:
Krauss, Michael I. (2000) “NAFTA Meets the American Torts Process:
O’Keefe v. Loewen.” George Mason Law Review. 9: 69-98. – Read pages
69-91 only.
Week 7: Trade law (May 13 & 15)
Readings: Van den Bossche, Peter. (2005) The Law and Policy of the World Trade
Organization. Cambridge: Cambridge University Press.
- WTO law and principles: section 1.3 (pages 35-44)
- WTO dispute settlement: sections 3.1-3.2 (pages 173-182)
- General exceptions: sections 7.1-7.2 (pages 596-624)
Milner, Helen V., B. Peter Rosendorff, and Edward D. Mansfield. (2004)
“International Trade and Domestic Politics: the Domestic Sources of
International Trade Agreements and Institutions.” In The Impact of
International Law on International Cooperation. Cambridge: Cambridge
University Press.
Section:
Materials on US-Shrimps
- Redacted Panel report of 15 May 1998 -- Skim for background info
- Redacted Appellate Body report of 12 October 1998
- General Agreement on Tariffs and Trade (GATT 1947): preamble and
Article XX (for reference)
Week 8: Human rights law (May 20 & 22)
Readings: Shaw (2005), Chapter 6: “The International Protection of Human Rights”
Moravcsik, Andrew. (2000) "The Origins of International Human Rights
Regimes: Democratic Delegation in Postwar Europe" International
Organization. 54: 217-252. – Read pages 217-243 only.
Section:
Materials on freedom to manifest religion:
- Redacted majority opinion from the “Teacher Headscarf” case (2003),
German Constitutional Court.
- Redacted majority opinion from Sahin v. Turkey (2005), European Court
of Human Rights.
Title and abstract for group project due.
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Week 9: International criminal law (May 27 & 29)
Readings: Shaw, Chapter 8: “Individual Criminal Responsibility in International
Law” --- Read pages 397-417 only.
Gilligan, Michael J. (2006) “Is Enforcement Necessary for
Effectiveness? A Model of the International Criminal Regime.”
International Organization. 60: 935-967. – Read pages 935-943 and 951958 only.
Section:
Materials on immunity from criminal prosecution: Arrest Warrant
- Redacted majority opinion
Week 10: International law in the US (Jun 3 & 5)
Readings: Materials on U.S. Supreme Court response to Avena:
---. (2005) “U.S. Strategy for Responding to ICJ's Avena Decision.”
American Journal of International Law. 99: 489-492.
- Redacted majority opinion from Medellin v. Texas (2008), U.S. Supreme
Court.
Section:
None
Final Exam: Thursday, June 5 in lecture
Group Presentations: June 10 (location TBA)
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