International Law
POLI
Donna K. Axel, Esq.
K-6th floor = mailbox
Tel: 201-200-3574
Office Hours: TBA each semester
Email: daxel@njcu.edu
Please include your NAME and Int’l Law in the SUBJECT of your Email.
Description
This is an overview of the development of international law, the institutions involved in
international law, and landmark cases. It examines the role of the United Nations and the extent to
which international law helps to guide and constrain behavior among the nations of the world.
Course Note
Please be advised that this course fulfills an upper division elective requirement for the Pre-Law
Minor. Although non-Pre-Law Minors are certainly welcome in this class, please note that this
course aims to prepare students for law school. As such, it is reading and writing intensive with a
focus on learning traditional legal reasoning and analysis.
Course Objectives
1. Skills-building
a. Write clearly focused short essays marked by intellectual engagement with the material and
critical reflection;
b. Develop and argue a position clearly and effectively using appropriate case law and scholarly
sources;
c. Engage and interact with the material and discuss controversial issues with peers in a safe and
tolerant environment conducive to learning;
d. Recognize legitimate sources and understand the principle of citing them;
e. Learn to read and summarize legal cases;
f. Learn to read and summarize scholarly texts.
2. Substantive Learning
a. Learn about key moments in the history of the international legal system;
b. Understand the controversy presented by the concept of “international law”;
c. Recognize the United States’ role in shaping international law, as well as its reluctance to
recognize many international institutions (including ones that it has helped to shape and create);
d. Identify ways that the international legal system is beneficial to nations, both in setting the
parameters of one State’s relationship to another State and in establishing legal norms within a
particular State;
e. Consider and identify additional potential reforms and methods to improving international law
and the international legal system.
ACADEMIC HONOR STATEMENT AND PLAGIARISM
Academic integrity is essential and non-negotiable. There is a 0 Tolerance Policy regarding
plagiarism. Citing your work is imperative. In this course, you must follow either MLA, APA, or
proper legal (“bluebook”) citation format. Diana Hacker’s A Writer’s Reference, is an excellent
guide to proper citation. I also recommend the following websites:
www.dianahacker.com/writersref
http://www.law.cornell.edu/citation/
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Course Requirements
1. Writing Assignments = 20%
Writing assignments must be submitted on time (11-12 point font/Times New Roman) and
MUST be rewritten in order to get full credit. Failure to hand in an assignment will result in a
grade of zero. Late assignments will not be accepted under any circumstances. Asignments will
not be accepted unless you are in class at the start of the day the assignment is due. The first and
second rewrite scores will be averaged together. You must incorporate the readings, films, and/or
discussions into these assignments.
2. Quizzes = 20%
There will be a number of quizzes, some will be “pop quizzes”. Late students will not be given
extra time for the quiz and it will count as a 0. Rewrites count toward your overall grade.
3. Weekly Participation = 20%
a. Weekly Participation
It is crucial that you participate in class discussions in order to maintain an exciting atmosphere.
You are required to contribute to the development of ideas in a positive manner. This means that
you must prepare for each class by doing the readings. If you have not done the reading, please do
not detract from our discussions. Students who participate in negative ways will be marked down.
Please speak to me if you have any phobias or anxieties about speaking so that we may make
alternative arrangements.
b. Case Presentations/Debates = 20%
During select class sessions, students will be assigned specific readings and/or different sides of
an issue and be required to come to class prepared to present the readings, cases, and/or speak on
behalf of a specific “side.”
4. Final Exam/Project = 20%
5. Attendance = Expected
There is a direct correlation between attendance and success in law school. As this is a pre-law
course, you are expected to attend and participate in every class. Should you not be able to attend
class, please be in touch with me by email and provide me with documentation of any medical or
family emergency, such as a doctor’s note. There are no make-ups for In-Class assignments
without an excused absence.
Required Readings: Online Materials
You will also be required to use the internet to download and print some relevant background
information and/or legal cases. If you have any difficulties obtaining these readings, please
contact me because it is your responsibility to print and BRING these to class.
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Grading Scale
To give you a better idea of my grading scale, the following applies to all written assignments:
A = Basic ideas and information in the assignment are discussed, and the student also evaluates
material, discusses weaknesses and primary contributions of authors/approaches, and notes
exceptions to arguments or nuances of implications of the material. Assignment is well written
and well organized.
B = Main ideas are solidly intact and assignment is well written and well organized.
C = Main ideas are fairly well intact, the majority of the basic ideas of information is covered,
with fair organization of the material.
D = Many of the main ideas are missing or vaguely stated, lacks a great deal of the basic
information and is not particularly well organized.
F = Main ideas are virtually missing, work is sloppy and carelessly prepared, and there is poor
effort at organization.
FINAL GRADE SCALE:
Letter Grade
Percentage Scores
A
95+%
A90-94%
B+
87-89%
B
84-86%
B80-83%
C+
77-79%
C
74-76%
C70-73%
D+
67-69%
D
64-66%
F
Less than 64%
Grades of incomplete will NOT be given under ANY circumstances.
NOTE: For quizzes, homework and In-Class assignments, you may receive “Check marks”:
CHECK PLUS = A/B: You MUST rewrite unless you have special permission to do otherwise.
CHECK = C: You MUST rewrite.
CHECK MINUS = D: You MUST rewrite.
ZERO = 0: You MUST rewrite. (If you have no mark at the top of your paper, it is a 0)
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Class Outline (weekly)
Jan. 20/ 1: Introductions
Introductions
Distribute and review syllabus
Large Group Questions & Discussion: What is “International Law”? Is there one international
legal system? How do international laws affect us? Other people in other countries?
Definitions: Justice; International Law; Treaty; Convention; Reservation; State; (PRINT:
LLI: http://topics.law.cornell.edu/wex/international_law); Customary international law; See The
Paquete Habana: http://en.wikipedia.org/wiki/The_Paquete_Habana;
United Nations Charter, the Universal Declaration of Human Rights, the American Declaration of
the Rights and Duties of Man; the Alien Tort Statute; public international law; private international
law; human rights law; humanitarian law; United Nations: http://www.un.org/english/
What is the relevance of international law? What is the role of the U.S. in international law?
In-Class Readings
Large Group: Logical Reasoning “Formula”
1. Answer the question directly;
2. Define terms/concepts;
3. Return to #1 and add “because”…
4. Incorporate an EXAMPLE (For example…);
5. Conclude (Therefore,…) (Return to #1 and add “since…”)
Jan. 27/Week 2: U.S. Federal Courts’ Role in Punishing Non-U.S. Citizens for Torts
Outside U.S. Territory: What is the proper role?
Readings: Filartiga v. Pena Irala, 630 F.2d 876 (2d Cir. 1980).
Wikipedia: http://en.wikipedia.org/wiki/Fil%C3%A1rtiga_v._Pe%C3%B1a-Irala
Wikipedia: the Alien Tort Claims Act
In-Class: How to brief a case and Discussion re: Filartiga.
Definitions: Jurisdiction; Original jurisdiction; Tort; CCR and NGOs; the Judiciary Act of 1789;
ATCA (http://www4.law.cornell.edu/uscode/28/1350.notes.html); (PBS: NOW:
http://www.pbs.org/now/politics/alientort.html);
In-Class Small Group Hypo re: Doe v. Constant:
http://www.ccrjustice.org/ourcases/current-cases/doe-v.-constant
Assignment Due: Should the U.S. be able to punish non-U.S. citizens in federal court for torts
committed outside the U.S. to non-U.S. citizens? What is the proper role?
ALSO: PRINT: http://www2.ohchr.org/english/law/
Feb. 3/Week 3: Alien Tort Debate: The Proper Role of the U.S.
Readings: http://www.pbs.org/now/politics/alientortdebate.html
You MUST print both sides’ documents.
Assignment Due: 1 page outline of your debating points; one page of your presentation; one
paragraph/short answers responding to each argument you anticipate the other side will raise.
Feb. 10/Week 4: Alien Tort Debate: The Proper Role of the U.S.
Readings: http://www.pbs.org/now/politics/alientortdebate.html
You MUST print both sides’ documents.
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Feb. 17/Week 5: International Law: Countless Treaties. Infinite Interpretations/Meanings?
Begin to click onto each of these: Write next to each a brief description and its acronym. Does it interest
you?
Conventions and Treaties
Collection of Multilateral Treaties - Fletcher School (Tufts)
UN Charter
The European Union
GATT
The Rome Statute of the International Criminal Court
International Organizations
United Nations
International Court of Justice
NATO
Partnership for Peace Members
International Monetary Fund
International Federation of Red Cross and Red Crescent Societies
World Bank
World Trade Organization
World Health Organization (WHO)
International Criminal Court
Feb. 24/Week 6: Guest Speaker/Film (TBD) In practice, how does international law help?
International Law: An Overview
BEGIN Reading this and PRINT (NOTE: It is 40 pages and you MUST PRINT):
http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/p0703/$File/ICRC_002_0703.PDF!Open
March 3/Week 7: Guest Speaker/Film (TBD)
Mid-Semester Essay Due: 3 page Essay re: Does this film bolster your belief that the
international legal system is important? (You may incorporate readings, as well.)
March 10: VACATION
Please see next page for assignment due
Week 8: NOTE: CLASS IS ON THURSDAY, March 19 ONLY: GUEST SPEAKERS
CLEO’s Ms. Lynda Cevallos
PRLDEF ‘s Ms. Sonji Patrick
Assignment Due: List of Conventions and International Organizations (along with acronyms)
and brief descriptions (Describe five that interest you.) (Goal of this assignment is for you to click
onto as many different websites and view these various primary and secondary sources—
BOTH—to better acquaint yourself with surfing the web to bring you to specific treaties and
background information.) See the above list to get started:
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March 24/Week 9: International Court of Justice
Readings: ICJ Statute: http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0
Assignment Due: Take-home Quiz re: ICJ Statute (distributed Week 8)
In-Class: ICJ Cases: http://www.icj-cij.org/docket/index.php?p1=3
Specific Case: “Request for Interpretation of the Judgment of 31 March 2004 in the Case
concerning Avena and Other Mexican Nationals (Mexico v. United States of America)”:
http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=musa&case=139&k=11
Complete List of Dox: http://news.findlaw.com/hdocs/docs/mexuswrldct/index.html
See: Vienna Convention on Consular Relations (1963)
March 31/Week 10: Binding Treaties Even If Not Signed by a Country???
Readings: Vienna Convention on the Law of Treaties (1969):
http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
Wiki: http://en.wikipedia.org/wiki/Vienna_Convention_on_the_Law_of_Treaties
The Genocide Convention:
The Geneva Conventions:
ICRC: http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions
Apr. 7/Week 11: International Humanitarian Law: The Law of War
Readings: If you have not yet done so: YOU MUST PRINT THIS IN ITS ENTIRETY
http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/p0703/$File/ICRC_002_0703.PDF!Open
ICRC: http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/genevaconventions
Please read: “Key Issues”
Definitions: grave breaches;
The Geneva Conventions and their Additional Protocols
(complete versions) The first Geneva Convention of 1864 dealt exclusively with care for
wounded soldiers; the law was later adapted to cover warfare at sea and prisoners of war. In 1949
the Conventions were revised and expanded:
1st Convention
- wounded soldiers on the battlefield
2nd Convention
- wounded and shipwrecked at sea
3rd Convention
- prisoners of war
4th Convention
- civilians under enemy control
In 1977 two Additional Protocols were added:
1st Protocol
- international conflicts
2nd Protocol
- non-international conflicts
In 2005 Additional Protocol III was adopted:
3rd Protocol
- additional distinctive emblem
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Weeks 12-15: Individuals and International Law
Individuals as Subjects of International Law
PRINT: http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx
International Bill of Human Rights: www.unhchr.ch/html/intlinst.htm
1. Universal Declaration of Human Rights: http://www.unhchr.ch/udhr/lang/eng.htm
2. International Covenant on Civil and Political Rights (ICCPR):
(Wikipedia: http://en.wikipedia.org/wiki/International_Bill_of_Human_Rights)
3. International Covenant on Economic, Social and Cultural Rights (ECOSOC):
United Nations Human Rights/Office of the High Commissioner for Human Rights (OHCHR):
http://www.ohchr.org/EN/Pages/WelcomePage.aspx
Readings:
What are human rights? http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx
Treaty Bodies: http://www2.ohchr.org/english/bodies/treaty/index.htm
Genocide Convention: http://www.unhchr.ch/html/menu3/b/p_genoci.htm
About it: http://www.un.org/millennium/law/iv-1.htm
The Rome Statute and the ICC: http://www.un.org/law/icc/index.html
Definitions: Entry into force; Self-executing; Non-self-executing; Jus Cogens; General Principles;
Equity (as part of General Principles); Reparations; The Doctrine of Forum Non Conveniens
Possible Topics for Extra Credit: International Law, and the Environment: The Trail Smelter
Case; Stockholm Declaration and Rio Declaration; Stratospheric Ozone Layer; The Vienna
Convention and Montreal Protocol: http://www.unep.org/ozone/treaties.shtml; The Shrimp-Turtle
Case; Convention on Climate Change (FCCC) and the Kyoto Protocol:
http://www.unfccc.int/resource/convkp.html
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