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THE 2003
INTERNATIONAL LAW COURSE IN DETAIL: SYLLABUS
INSTRUCTOR: Geoffrey
Wandesforde-Smith, Department of Political Science and Director,
Political Science and International Relations Internship Programs. Home
page. Office: 1263 Social Sciences. Office Hours: Fridays,
1:00 to 4:00
p.m., and by appointment. Phone messages at
(530) 752-0966. Fax: (530) 752-8666.
E-mail:
gawsmith@ucdavis.edu
PAGE
NAVIGATION INDEX: Computer Skills
| Implications for Enrollment
| Class Meetings |
Purpose and Approach |
Tentative Schedule |
First Week Check List |
Table of Deadlines
The Emphasis on Computer and
Network Skills in the Study of International Law
The
publication of this syllabus and preliminary course outline on the
Web is a sign that in this day and age those who want to teach and
learn about international law need to
master new tools. The Web is a vital supplement to the traditionally
rich resources of the library and puts new tools and materials at
the disposal of students and teachers, as well as practitioners.
The truth of this statement is borne out by the textbook for the
course, which has its own Web site and makes systematic use of Web
resources, as well as the traditional hard-copy materials on which
law and lawyers have always relied. The words "Text Web"
to the left are a direct link to the Internet
resources assembled by the textbook authors.
The range of relevant and useful on-line resources
for the modern study of International Law include (a) international
law itself, (b) a wealth of information about global environmental
issues and about the institutions, governmental and nongovernmental,
that seek to make decisions about those issues, (c) an increasing
number of on-line journals and discussion papers, and (d)
information that helps us understand the political, economic, and
scientific background to decisions that international environmental
law and policy try to shape.
People in law schools, law firms, and the legal
offices of public and private corporations have been using computer
and network resources for research and analysis for quite some time,
chiefly in the form of subscriber services offered by Westlaw and
Lexis-Nexis. These commercial law resources are generally
unavailable to undergraduates, although the University does now
provide access to Academic Universe, a Lexis-Nexis research and
information service. Academic Universe is accessible through
the Electronic Databases section of the Shields Library web.
Implications for Students of
the Course Format
This general context has two very specific
implications:
(1). By the end of the fourth week of term, the
class will be operating on the assumption that each and every
student is familiar with the Web, knows how to access and navigate
the Web through a browser, and has learned the fundamentals of
building and editing Web pages. Instruction in these Web skills will be
provided through the scheduled sessions in the computer lab.
Students will need to purchase a zip disk and bring it to each and
every lab workshop, including the first one. Web page editing
will be done using Microsoft Front Page 2000, which is already
installed on the lab machines as a result of a gift of software from
Microsoft Research.
There will be some students in the course who bring
with them good working Web skills from courses they have already
taken, such as Environmental Politics (Political Science 107). Other students who
do
not have this previous preparation and background and who may feel,
therefore, that they will have trouble keeping up with the computing
and network requirements of the course should drop the class,
promptly.
(2). In addition to creating individual Web pages, students will
also manage a small Web site, i.e. students will design, produce,
and publish several active pages on a web server. These design,
production, and management tasks will be carried out in small
groups.
It has long been customary for students of law to
form study groups. Students in this course will form their own
study groups or research teams as quickly as possible and not later
than the end of the first week of term. A group or team must
have at least two but may not have more than three members. It is
extremely desirable that students with no previous Web experience
who decide, nevertheless, to stay in the course should join a team
in which at least one member does have prior experience.
The teams will be formed within the sections of the course that meet
in the computer lab, so that students in the same team can meet and
work together in the lab.
It follows from the preceding
statements that adding the class after the first week of term is not
recommended, at all.
CLASS MEETINGS:
Mondays and Wednesdays, at 2:10 p.m. in 1204 Haring Hall AND by
section in the computer lab and classroom in 27 Olson Hall on
Mondays, 9:00 to 11:50 a.m. [Section A02, CRN 77792], OR
Mondays, 3:10 to 5:00 p.m. [Section A01, CRN 77791], or
Wednesdays, 3:10 to 5:00 p.m. [Section A03, CRN 77793]
PURPOSE AND APPROACH:
One of the favorite and perennial issues in international law is
whether or not it actually exists in anything like the same form or
with anything like the same meaning and effect as the domestic law
we are all able to recognize as something that must be respected.
We shall take the view that to an appreciable extent international
law does have meaning and effect and that there are, therefore, legal
norms that govern, more or less, relations between sovereign states
when it comes to dealing with environmental problems. The extent to
which international law is obeyed -- respected would be a
better word -- is not primarily, however, a product of law
enforcement, litigation, and judicial process. Nor is it principally
shaped by the behavior and performance of an international civil
service organized into bureaucratic agencies to implement law.
The forces leading to compliance with international law are broadly
political, and reach well beyond the realms of diplomacy and
military threat that most people readily associate with
international relations.
There are, for example, large numbers of treaties and agreements in
force (more than a thousand, in fact) dealing with global and
regional environmental issues, and with matters of trade,
development, and human rights. These various sources of "black
letter" international law form an important part of the
substance of our subject. But we must resist the temptation to
treat these legal instruments as if they were the equivalents of
what international lawyers call "municipal" law, which
would mean in our case the statutes of the United States and of the
several states of the Union. Similarly, while there are
international courts and tribunals for adjudicating disputes, courts
have far less influence on shaping the impact and meaning of
international law than they do in shaping domestic law.
It is also important to try to avoid thinking of international
governmental organizations (IGOs) as if they were the equivalents of
state and federal government agencies and of non-governmental
organizations (NGOs) as if they were interest groups.
Thus, we shall try to avoid the realist view that international law
is a myth and can have no force or effect in the face of powerful
sovereign states. But neither shall we fall into the trap of
thinking that because international law is law it ought to work
simply and straightforwardly in much the same way and through much
the same sorts of institutions as we see at work in the realm of
domestic or municipal law.
Our
perspective is rather that a great many international political
activities and processes are bringing into existence more and better
legal instruments to protect resources and environments. These
"processes of global change" are usually evolutionary
rather than revolutionary. And they will be the central
objects of student research and writing in this course.
To examine these processes we shall learn how to use powerful modern
tools of global, networked communication -- tools which are
themselves helping to shape the emergence of a more coherent and
powerful international law.
TENTATIVE SCHEDULE:
Work in the course can be divided into several units or blocks, some
of which will be pursued in the classroom and some in the lab.
BLOCK
I. Weeks 1-4. January 6th to January 29th.
-
Setting Up for the Course
-
Learning and Practicing Basic HTML
and Web Design Skills.
-
The Legalization of International
Problem Solving
-
Fundamentals of International Law:
Concepts, Sources, Application.
-
The Treaty Regime
-
Treaty Text Analysis: How to Examine
the History of Treaty Making and the Operative Theories of
International Law
-
Choosing Project Topics and Research
Team Memberships.
-
Relevant reading in Chapters 1
through 4, 6, and 7 of the main text will be assigned in the
classroom and during the labs.
At the end of this block of work
each individual student in the course and each research team will
have created a Web site and installed it on the server. Each
individual student will have completed an analytical essay,
"Understanding the Basics of International Law," and will have
published it as a web page linked to the larger web site. And
each research team will have completed the first team research
report on Treaty Text Analysis.
BLOCK
II. Weeks 5-6. February 3rd to February 12th.
-
The Role of Non-State Actors in
International Law Making and Enforcement.
-
COPs, Subsidiary Bodies, Preparatory
Meetings, Conferences, Forums, and Working Groups.
-
International Governmental
Organizations and International Law.
-
Non-Governmental Organizations and
International Law.
-
This unit covers selected materials in the
main text from Chapter 5 and from the chapter dealing with the
treaty regime selected by the student research team for analysis.
Specific readings will be assigned in the
classroom and the labs.
At the end of this
block of work each research team will have completed the team
research report on The Role of Non-State Actors.
BLOCK III. Week 7-8. February
17th to February 26th.
-
The Problem of Compliance in
International Law
-
"It's all about capacity, stupid!":
Understanding Capacity at the Sovereign State and International
Levels
-
Negative Pressures on Compliance:
Global and Domestic
-
Identification of Specific State
Contributions to a Treaty Regime
-
This unit covers selected materials
in the main text from Chapter 8 and from the chapter dealing with
the treaty regime selected by the student research team for
analysis. Specific readings will be
assigned in the classroom and the labs.
At the end of this block of work
each research team will have completed the team research report on
Compliance and Enforcement in International Law.
BLOCK IV. Week 9-10.
March 3rd to March 12th.
-
Review and Reflection on the Impacts
and Effectiveness of International Law
-
What Works in International Law?
-
Who Makes International Law Work, If
It Does Work?
-
How Can Effectiveness in
International Law Be Sensibly Defined and Measured?
-
Are There Identifiable (Pre)Conditions
for the Success of International Law, Globally and Domestically, and
What Are They?
At the end of this block of work
each research team will have completed the team research report on
The Success and Effectiveness of International Law: Review and
Reflection. And each individual student will have completed
the take home final
examination,
due at 3:30 p.m. on Wednesday, March 19th, 2003.
FIRST WEEK CHECK LIST:
Do all of the following before January 10th:
-
(a) Buy the
textbook (identified in the Readings file). There will be
no reserve copy in
Shields Library.
-
(b) Verify the status of your campus computer
account and double-check that you know how to manage your e-mail
using Microsoft Outlook, Eudora, or an e-mail program that can be
accessed through your Web
browser using, for example, myUCDavis.
-
(c) Buy a zip disk and bring it to
the first lab session you attend. A 100MB zip disk is
sufficient. The disk must be formatted
to work in a Windows machine.
TABLE OF APPROXIMATE DEADLINES
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10 Jan. Buy a zip disk,
Verify Computer Account, and Purchase Text
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28 Feb. Third Team
Research Report Due
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24 Jan. First Individual
Assignment Completed and Published
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12 Mar. Fourth Team
Research Report Due
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06 Feb. First Team
Research Report Due
|
19 Mar. Final Examination
Must Be Complete by 3:30 pm
|
|
14 Feb. Second Team
Research Report Due
|
22 Mar. Term Ends.
31 Mar. Grades available
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Go, now, to the Readings
and Course Requirements pages of the
Web for more information about these topics.
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