TUFTS UNIVERSITY
DEPARTMENT OF POLITICAL SCIENCE

PS 158 – Spring 2000 Dr. Robert J. Beck
Tuesday, Thursday 5:00-6:20 PM 72 Professors’ Row
Eaton Hall 208 617-627-3489
http://www.people.virginia.edu/~rjb3v/ps158.html rbeck01@emerald.tufts.edu


INTERNATIONAL LAW

Course Objectives

  1. To teach the essentials of positive international law against the background of the realities of international relations and the normative requirements of international law.
  2. To improve the student's analytical ability and capacity for effective oral presentation through the modified form of the "case method" followed in law schools.


Required Readings

Henkin, L., R. Pugh, O. Schachter & H. Smit, International Law: Cases and Materials, third edition (1993).

Course Requirements and Important Dates

  1. Attendance at all lectures. Dates of lectures are indicated below in parentheses.
  2. Written briefing of cases assigned from casebook. 30 briefs collected.  To be submitted in dedicated pocket folder.
  3. In-class hand-out and oral presentation of one case.
  4. Midterm examination - Tuesday, March 7, 5:00-6:20 PM
  5. Final examination - Friday, May 12, 12:00-2:00 PM
  6. Thursday, January 20 - first class meeting
  7. Thursday, April 27 - last class meeting before final examination
  8. Thursday, February 24 - Monday schedule (no International Law class meeting)
  9. Tuesday, March 21 and Thursday, March 23 - Spring Recess, no class meetings

Grade

Final grades will be based on the following formula:

  1. Written briefing of assigned cases - 15 percent
  2. Hand-out and oral presentation of case - 15 percent
  3. Midterm examination - 35 percent
  4. Final examination - 35 percent

 

I. THE NATURE, SCOPE, AND STATUS OF INTERNATIONAL LAW

A. The Historical and Philosophical Origins of International Law   (1/20)

Henkin, et al., pp. xxii-xxxi

B. Is International Law "Law?"  (1/25, 1/27)

Henkin, et al., pp. 1-50

C. Custom as a Source of International Law  (2/1)

Henkin, et al., pp. 51-94

D. Treaties, General Principles, and Other Sources  (2/3)

Henkin, et al., pp. 94-148

E. The Relationship of International Law to Domestic Law  (2/8, 2/10)

Henkin, et al., pp. 149-181, 198-240

II. THE SUBJECTS OF INTERNATIONAL LAW

A. Statehood and Recognition  (2/15, 2/17)

Henkin, et al., pp. 241-286

B. Non-state Entities and Self-Determination  (2/22)

Henkin, et al., pp. 294-308, 344-362, 374-394

III. SOVEREIGNTY OVER LAND TERRITORY

A. Land and Territorial Sovereignty  (2/29, 3/2)

Henkin, et al., pp. 308-343

IV. INTERNATIONAL AGREEMENTS

A. General Principles and Reservations  (3/9)

Henkin, et al., pp. 416-426, 431-463

B. Interpretation, Invalidity and Termination  (3/14)

Henkin, et al., pp. 463-533

V. JURISDICTION

A. General Principles of Jurisdiction  (3/16, 3/28)

Henkin, et al., pp. 1046-1067, 1081-1098

B. Conflicts of Jurisdiction  (3/30)

Henkin, et al., pp. 1098-1108

C. Enforcement Jurisdiction, Extradition, Jurisdiction over the Irregularly Obtained  (4/4, 4/6)

Henkin, et al., pp. 1108-1125

VI. IMMUNITY FROM JURISDICTION

A. Diplomatic Immunity  (4/11)

Henkin, et al., pp. 823-837, 1200-1219

B. Sovereign Immunity  (4/13)

Henkin, et al., pp. 1126-1200


VII. STATE RESPONSIBILITY

A. State Responsibility for Injury to Aliens  (4/18, 4/20)

Henkin, et al., pp. 677-738, 755-758

VIII. THE LAW OF THE SEA

A. The Law of the Sea  (4/25)

Henkin, et al., pp. 1231-1351

IX. THE INTERNATIONAL LAW OF CONFLICT MANAGEMENT

A. The Law Regarding the Initiation of Force  (4/27)

Henkin, et al., pp. 868-1018



  • EXAMINATIONS: Students are required to take course examinations at scheduled times. Make-up examinations will be given under two circumstances only: (1) physical illness of student - doctor's excuse required; or (2) death of family member.
  • READING ASSIGNMENTS: Aside from (1) chapter introductions, (2) the cases to be briefed, and (3) the notes that follow those cases, the reading assignments from the Henkin casebook may generally be skimmed.
  • TELEPHONE: The instructor requests that you do not call him at his home. If you have an urgent concern, please send him an e-mail message and/or call the Political Science Department at 617-627-3465.
  • TECHNOLOGY: Computer, printer, or floppy disk failures are not acceptable excuses for a late assignment. Please make back-up copies of your computer files, keep multiple diskettes, and print out your assignment early.



CASES TO BE BRIEFED
Please note:  briefs may be collected after the formal due dates indicated below.

Custom as a Source of International Law   (2/1)

Treaties, General Principles, and Other Sources  (2/3)

The Relationship of International Law to Domestic Law  (2/8, 2/10)

Statehood and Recognition  (2/15, 2/17)

Non-state Entities and Self-Determination (2/22)

Land and Territorial Sovereignty (2/29, 3/2)

Treaties: General Principles and Reservations (3/9)

General Principles of Jurisdiction (3/16, 3/28)

Conflicts of Jurisdiction  (3/30)

Enforcement Jurisdiction, Extradition, and Jurisdiction over the Irregularly Obtained (4/4, 4/6)

Diplomatic Immunity (4/11)

Sovereign Immunity (4/13)

State Responsibility for Injury to Aliens (4/18, 4/20)