Instructor: Christian Donath
Instructor Email: cdonath@ucsd.edu
Prerequisites: None

Course Description: With the rise of globalization, discussion about the meaning and relevance of international law has become widespread. In everyday political discussion, we see legal thinking applied to new forms of political violence, humanitarian intervention, the legitimate conduct of actors in armed conflict, human rights, and more. Hidden within these debates are historical developments that contemporary discussions frequently overlook. By understanding these developments, students can gain intellectual clarity as to the values at stake and the context in which these debates arise. This clarity, in turn, provides students with a broader perspective for analyzing contemporary international politics, and can help them understand how political actors perceive their world. To do this, the course focuses on legal concepts used in modern international politics and helps students understand the sources of these concepts.

Course Objectives:

• Introduce students to the world of international public law

• Use history to understand contemporary debates from a broader perspective

• Develop resources for thinking about the language(s) of international politics and human rights

• Learn critical and legal reasoning through careful reading of legal and philosophical texts

• Develop speaking and argumentation skills in a supportive class environment

Expectations:

Students are expected to come to class prepared to participate in debate and discussion of assigned texts. These include legal and philosophical texts, as well as historical and contemporary case studies.  We will have at least one debate in class, for which students are expected to prepare their cases beforehand. Finally, there will be a final paper that examines a contemporary or historical topic of the student’s choosing.

Course Outline:

Week 1  Early Modern International Law Topics

Just War: When is it legitimate to declare war? What is the legitimate way to conduct a war? Who are innocents? Who are combatants?

Overseas Empires and Rights: The right to trade, the right to preach, unoccupied land, rights of dispossession

Who Owns the Seas?

‘Enemies of Mankind’ I: Cannibals and Pirates

Diplomatic Immunity

Week 2  Modern International Law Topics

Protectorates, Mandates, Occupations

Human rights I: The Rights of Mankind

‘Enemies of Mankind’ II: The Slave Trade

Humanitarian Intervention, Then and Now

Week 3 Contemporary Debates

The United Nations and International Law

Human Rights II: The International Criminal Court, Human Rights Treaties  

‘Enemies of Mankind’ III: War Criminals and Terrorists

Who Owns What is Under the Seas?