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Political Science POL 311 & POL 530
Important Note: Every effort will be made to avoid changing the course schedule, but the
possibility exists that unforeseen events will make syllabus changes necessary. It is your
responsibility to check Blackboard for corrections or updates to the syllabus. Any changes
will be clearly noted in course announcement or through email.
Introduction to International Law
Professor Juliette Passer, Esq. for Stony Brook University
Spring 2020
Course Delivery Mode and Structure:
This is an asynchronous, online course, delivered in the Blackboard learning management
system (LMS). Students must be mindful of all course expectations, deliverables and due dates.
All assignments and course interactions will utilize internet technologies. See “Technical
Requirements” section below for more information. In Blackboard, you will access online
lessons, course materials, Discussion Boards and resources.
Office Hours: on Zoom, with prior appointment request by email
Join URL:
https://stonybrook.zoom.us/j/589689757?pwd=YWhXKzVsWUp6c1NhZUxIdG9RVVRaUT09
Contact Info: Juliette.Passer@stonybrook.edu (preferred), mobile +516-313-9176
How We Will Communicate:
Course-related questions should be posted in the weekly Forum in the course Discussion Board.
For personal/private issues, my preferred method of contact is via email listed at the top of this
Syllabus. If you use Blackboard’s Email Tool, it will automatically include your full name, course
name and section when you send me an email. I strive to respond to your emails as soon as
possible, but please allow between 24-48 hours for a reply. Your Stony Brook University email
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must be used for all University related communications. You must have an active Stony Brook
University e-mail account and access to the Internet. All instructor correspondence will be sent
to your SBU e-mail account. Please plan on checking your SBU email account regularly for
course related messages. To log in to Stony Brook Google Mail, go
to http://www.stonybrook.edu/mycloud and sign in with your NetID and password.
Regular announcements will be sent from Blackboard. These will be posted in the class and may
or may not be sent by email I will participate and post regularly in the discussion board and
provide feedback on assignments within 48 hours.
Regular communication is essential in online classes. When we are participating in class
discussions the expectation is that you will respond regularly to your peers and questions posed
to your responses. Logging in regularly, checking the discussion board and participating with
your colleagues ensures that you are able to remain an active member of the class.
Technical Requirements:
This course uses Blackboard and Zoom, recently added to your Blackboard desktop for the
facilitation of communications between faculty and students, submission of assignments, and
posting of grades. The Blackboard course site can be accessed at
https://blackboard.stonybrook.edu If you are unsure of your NetID, visit
https://it.stonybrook.edu/help/kb/finding-your-netid-and-password for more information.
You are responsible for having a reliable computer and Internet connection throughout the term.
Caution! You will be at a disadvantage if you attempt to complete all coursework
on a smart phone or tablet. It may not be possible to submit the files required for your
homework assignments.
Students should be able to use email, a word processor, spreadsheet program and presentation
software to complete this course successfully.
The following list details a minimum recommended computer set-up and the software packages
you will need to have access to, and be able to use:
• PC with Windows 8 or higher (we recommend a 3-year Warranty)
• Macintosh with OS 10.11 or higher (we recommend a 3-year Warranty)
• Intel Core i5 or higher
• 250 GB Hard Drive
• 8 GB RAM
• Latest version of Chrome, Firefox or Explorer; Mac users may use Chrome, Firefox or
Safari. (A complete list of supported browsers and operating systems can be found on
the My Institution page when you log in to Blackboard.)
• High speed internet connection
• Printer
• Word processing software (Microsoft Word, Pages, etc.)
• Speakers (either internal or external) or headphones
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• Ability to download and install free software applications and plug-ins (note: you must
have administrator access to install applications and plug-ins).
• Adobe Flash player with the latest update is crucial for playing multiple videos throughout
the course.
Technical Assistance:
If you need technical assistance at any time during the course or to report a problem with
Blackboard you can:
• Phone:
• (631) 632-9800 (client support, Wi-Fi, software and hardware)
• Submit a help request ticket: https://it.stonybrook.edu/services/itsm
• Visit the Walk-Up Tech Support Station in the Educational Communications Center
building
Part 1: Course Information
This course is taught under the assumption that most of the students attending this course do
not intend to enter law schools or the employment of an international agency after their
graduation. They take International Law because it is an alternative to fulfil the necessary
credits or they believe it is something different. This course is therefore designed to offer a broad
overview of international law and its various areas, its relations to politics, and current
challenges of the international legal environment. The focus will be on the theoretical
background of international law as well as its practical implications in our globalized world, but
it is only the tip of the iceberg and a steppingstone to the world of global issues.
In short 5 weeks, we will be able to discuss only a small part of an enormous field of legal practice
and learning. Hopefully, these discussions will help you to become lifetime learners in
international law!
International Law is essentially the law which governs the relationship between nation-states,
although the subjects of international law now also extend to individuals, international
organizations and other actors.
It is law, to be sure (well...see the readings), but it is extraordinarily tied to public policy and
political realities. It is, thus, particularly appropriate that this class is taught in a political science
department, as no other field of law is as connected to politics – and all fields of law are
connected to politics. This course will introduce the essential features of international law, and
highlights from subfields.
There will be three major parts to the course:
PART I. SYSTEMIC ELEMENTS OF INTERNATIONAL LAW
PART II. INTER–RELATIONSHIP OF INTERNATIONAL LAW AND NATIONAL LAW
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PART III. SPECIALIZED AREAS OF INTERNATIONAL LAW
We will begin by considering fundamental questions about the nature of international law, such
as: the sources of international law (including treaties and customary international law); the
subjects of international law; the origins of international law in the sovereign equality of states;
principles of state responsibility; the bases upon which states may exercise jurisdiction; and the
global governance challenges arising from the absence of assured mechanisms for the
interpretation or enforcement of international law. We will then examine the operation of
international law in the U.S. legal system. In the latter part of the course, we will look at a series
of contemporary international law topics and issues, including international human rights law,
the law governing coercion and the use of armed force, the law of armed conflict, international
environmental law, and international criminal law.
Throughout, we will consider current issues and problems arising in the international arena and
the extent to which international law actually affects the behavior of states.
This course is composed of only five weeks; during each week basic concepts of international law
will be introduced and discussed. It is very important that students read the assigned materials
early during each week (usually about 100 pages per week). This should enable us to optimize
the rather limited time we have during the summer semester. As an integral part of the course,
the online format demands everyone’s active participation on the Discussion Board and
otherwise.
Part 2: Course Learning Objectives and Assessments
Learning Outcomes
This course aims to:
provide you with fundamental knowledge of the development of international law, its basic
functions and workings, its role in our world today, and its most pressing challenges these days
offer you an overview of how international law affects domestic law, as well as individuals and
their daily life
give you an understanding of the various fields of international law (legal sources, international
organizations, environmental law and climate change, law of the sea and territorial disputes,
etc.) and how they are interconnected
engender an understanding and appreciation of the international legal system, as well as
familiarizing you with its significance for the law (both international and domestic) as well as
politics
engage on topics of contemporary and timeless significance
enhance your analytical skills and your ability to critically engage with international issues, in
particular by writing short memoranda and the final paper.
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At the end of this course, you will have a better understanding of the basic
principles and concepts of International Law, as well as the analytical ability to
navigate and examine the global political system.
TEXTBOOKS
Primary Resource: Principles of International Law
by Sean D. Murphy #9781683286776
Additional optional reading materials:
International Law Stories
by Mark W Janis, John E. Noyes
and Laura A. Dickinson #9781599410869
International Law and International Relations
by Mark W Janis and John E. Noyes #9781634602938
Week 1 May 26 - May 31
PART I. SYSTEMIC ELEMENTS OF INTERNATIONAL LAW
Chapter 1. Foundations of International Law
Chapter 2. Actors of International Law
Chapter 3. International Law Creation
Submit thoughtful comments on the Discussion Board for the topics of the week
Review and begin thinking about identifying a topic of interest for the Final Memorandum.
Submit First Summary Memorandum by 11:59 EST pm on Sunday, May 31st
Q Week 1 part 1
Please think about and comment on the following questions:
What is a state?
What amounts to a violation of state sovereignty?
Is state sovereignty even worth protecting?
Part 3: Course Schedule
6
Q Week 1 Part 2
Please think about and comment on the following questions:
What is customary international law?
What is the difference between custom and habit?
How widespread does the custom have to be?
Is customary international law compatible with state sovereignty?
Q Week 1 part 3
Consider the UN system. Compare the powers of the General Assembly, the Security Council
and the International Court of Justice and post your finings here. Also, please post your
comments on the question raised on page 91 of our textbook.
Week 2 June 1 - June 7
Chapter 4. International Law Interpretation and Dispute Resolution
Chapter 5. International Law Compliance and Enforcement
Chapter 6. Rules and State Responsibility
Submit thoughtful comments on the Discussion Board for the topics of the week
Submit Second Summary Memorandum by 11:59 EST pm on Sunday, June 7TH
Q Week 2 part 1
Please think about and comment on the following questions:
Consider the UN system. Compare the powers of the General Assembly, the Security Council
and the International Court of Justice and post your finings here.
Q Week 2 part 2
Please think about and comment on the following questions:
Nations have existed for millennia without international courts to sort out their disputes. Why
do we need them now?
If there is no sovereign to enforce contracts, how do international treaties constrain states?
Can States be coerced into compliance? What are the punishment mechanisms for the
violation of treaties?
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Week 3 June 8 - June 14
PART II. INTER–RELATIONSHIP OF INTERNATIONAL LAW AND NATIONAL LAW
Chapter 7. Foreign Relations Law of the United States
Chapter 8. National Jurisdiction to Prescribe, Adjudicate, and Enforce
Chapter 9. Immunity from National Jurisdiction
Submit thoughtful comments on the Discussion Board for the topics of the week
Submit Third Summary Memorandum by 11:59 EST pm on Sunday, June 14TH
Q Week 3 part 1
Please think about and comment on the following questions:
Is International Law a Law?
Is “international law” an oxymoron?
Q Week 3 Part 2
Please think about and comment on the following questions:
What is diplomatic immunity? What does it cover? What does it not?
To what extent are states immune from the jurisdiction of other states?
Can you sue one state in the courts of another state?
What about situations where states are themselves involved in commercial activity?
Week 4 June 15 - June 21
PART III. SPECIALIZED AREAS OF INTERNATIONAL LAW
Chapter 10. Human Rights
Chapter 11. Law of the Sea
Submit thoughtful comments on the Discussion Board for the topics of the week
Submit Fourth Summary Memorandum by 11:59 EST pm on Sunday, June 21ST
Q Week 4 Part 1
Please think about and comment on the following questions:
Looking at the basic history of International Human Rights Law, and how it emerged post-World War
II. Is this really law or “just politics”?
What does it mean to say it is law as opposed to “just politics”?
8
Given conflicting views on issues like the role of women and children in society, the rights of the
accused, and the optimal level of the freedom of expression, can we really say that there are “universal”
rights? If so, what are they? If not, how should we go about determining which rights are universal and
how we ought to secure them?
Q Week 4 Part 2
Please think about and comment on the following questions:
What is the law of the sea?
Why cannot states claim ownership over portions of the high seas in the saw ways that they can
over portions of unoccupied territory?
Week 5 June 22- June 28
Chapter 12. International Environmental Law
Chapter 13. International Criminal Law
Chapter 14. Use of Armed Force and Arms Control
Optional:
Chapter 15. International Legal Research
Submit thoughtful comments on the Discussion Board for the topics of the week
Submit Fifth Summary Memorandum by 11:59 EST pm on Sunday, June 28th
Q Week 5 Part 1
Please think about and comment on the following questions:
What is the role of international law in protecting the environment? If states have always
recognized the dangers of unregulated activity on the environment (e.g. overfishing) why is
international environmental law so comparatively young?
Why do you think the US has resisted the Kyoto Protocol? Do you think this has been wise?
Does the existence of nuclear weapons change our understanding of “self-defense”? How does
international law treat threats to use nuclear weapons?
Q Week 5 Part 2
Please think about and comment on the following questions:
How has the legal concept of “self-defense” evolved over time? What role do you think the
Second World War played in inspiring some of these changes?
9
Does the existence of nuclear weapons change our understanding of “self-defense”? How does
international law treat threats to use nuclear weapons?
When two states are at war, does it make sense to talk about legal restrictions on the use of
force? Is not war the antithesis of law?
What are the major features of the ICC? What is the relationship between the ICC and the UN?
What is the extent of the ICC’s jurisdiction? What is the extent of its powers?
How does it compare with the structure of other major courts, like the Supreme Court of the
United States?
***********************************************************************
Your Final Exam Memorandum on the topic of your choice will be due on July 3RD
Official End of Term July 3, 2020
Part 4: Grading, Attendance, and Late Work Policies
Undergraduate requirements for the course are a weekly Memo (6% x 5 weeks =30%), weekly
discussions participation on Blackboard (5% x 5 weeks= 25%) and a final Topical Memorandum
(45%) - no more than 3000 words.
For graduate students, the final grade will be calculated thus: weekly Summary Memo (5% x 5=
25%), weekly discussions participation (5% x 5 weeks= 25%), final Topical Memorandum (50%)
- no more than 4500 words.
Students will choose the Final Memorandum topic in consultation with the instructor.
All communications with me regarding assignments, attendance, or any other matter affecting
the student’s performance in this course must be in writing.
All students are encouraged to contact me with any questions, concerns or difficulties about the
course material, or any other matter they wish to discuss via email or on Zoom during office
hours.
Assessment & Grading:
Viewing Grades on Blackboard: Points you have earned for graded activities will be posted to the My
Grades screen in the Tools area of Blackboard.
In this course, you will be assessed on the following:
Percentage/Points Activity/Assignment
25 Discussion Participation (Semester Long)
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25 Weekly memoranda
50 Final research paper
100 Total Possible
Letter Grades:
Final grades assigned for this course will be based on the percentage of total points earned
and are assigned as follows:
Letter Grade GPA/Points Performance
A 4.0 Excellent Work
A- 3.7 Nearly Excellent Work
B+ 3.3 Very Good Work
B 3.0 Good Work
B- 2.7 Mostly Good Work
C+ 2.3 Above Average Work
C 2.0 Average Work
C- 1.7 Mostly Average Work
D+ 1.3 Below Average Work
D 1.0 Poor Work
F 0.0 Failing Work
General Criteria – Weekly Summary Memorandum
Write-ups: In this course you need to be actively involved in the readings. Write-ups are due
on Sunday by midnight on the weeks they are assigned. You will upload a write-up in a memo
format as stated below, which demonstrate your understanding of the reading material. These
write-ups will include a list of terms and abbreviations with definitions, list of treaties and
international organizations and summary.
The Summary Memorandum – should address the following questions:
What did you learn from the reading? For example, what are the essential concepts, ideas, and
insights.
What were the most surprising facts you discovered?
What was the most interesting new concept you encountered?
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Each weekly memo should be no more than 2 pages or 1300 words, single spaced, 12-point font.
Write-ups must be uploaded to the Blackboard each Sunday by 11:59 pm Eastern Standard Time.
There are five weekly memos required for this course. Make sure your formatting is crisp and
professional, paragraphs and good grammar observed with the APA citation format, as needed.
On a separate page (page 3) of the memo, called Addendum, please list at least 8 new terms
you have learned with brief definitions and list at least 6 organizations, which abbreviations
you encountered in the textbook and now recognize, with full titles listed.
Attendance and Late Work Policy:
Attendance in this online course is accrued through your timely participation in discussions and
completion of assignments. Failure to participate in required course activities will impact your final
grade.
Discussion Board Grading Rubric
Criteria Unsatisfactory
= 0
Limited
= 1
Proficient
= 2
Exemplary
= 3
Critical Analysis
(Understanding of
Readings and
Outside
References)
Discussion postings
show little or no
evidence that
readings were
completed or
understood. Postings
are largely personal
opinions or feelings,
or "I agree" or
"Great idea," without
supporting statement
s with concepts from
the readings, outside
resources, relevant
research, or specific
real-life application.
Discussion postings
repeat and
summarize basic,
correct information,
but do not link
readings to outside
references, relevant
research or specific
real-life application
and do not consider
alternative
perspectives or
connections between
ideas. Sources are
not cited.
Discussion postings
display an
understanding of
the required
readings and
underlying concepts
including correct
use of terminology
and proper citation.
Discussion postings
display an excellent
understanding of the
required readings and
underlying concepts
including correct use of
terminology. Postings
integrate an outside
resource, or relevant
research, or specific real-
life application (work
experience, prior
coursework, etc.) to
support important points.
Well-edited quotes are
cited appropriately. No
more than 10% of the
posting is a direct
quotation.
Participation in the
Learning
Community
Discussion postings
do not contribute to
ongoing
conversations or
respond to peers'
postings. There is no
evidence of replies to
questions.
Discussion postings
sometimes
contribute to ongoing
conversations as
evidenced by
— affirming
statements or
references to
relevant research
or,
— asking related
questions or,
Discussion postings
contribute to the
class' ongoing
conversations as
evidenced by
— affirming
statements or
references to
relevant research
or,
— asking related
questions or,
Discussion postings
actively stimulate and
sustain further discussion
by building on
peers' responses including
— building a focused
argument around a
specific issue or
— asking a new related
question or
— making an oppositional
statement supported by
12
— making an
oppositional
statement supported
by any personal
experience or related
research.
— making an
oppositional
statement
supported by any
personal experience
or related research.
personal experience or
related research.
Discussion postings
are at midpoint or
later in the module
or contributions are
only posted on the
last day of the
module.
Discussion postings
respond to most
postings of peers
several days after
the initial discussion.
Discussion postings
respond to most
postings of peers
within a 48-hour
period.
Discussion postings are
distributed throughout the
module (not posted all on
one day or only at the
beginning or only on the
last day of the module).
Etiquette in
Dialogue with
Peers
Written interactions
on the discussion
board show
disrespect for the
viewpoints of others.
Some of the written
interactions on the
discussion board
show respect and
interest in the
viewpoints of others.
Written interactions
on the discussion
board show respect
and interest in the
viewpoints of
others.
Written interactions on the
discussion board show
respect and sensitivity to
peers' gender, cultural and
linguistic background,
sexual orientation, political
and religious beliefs.
Quality of Writing
and Proofreading
Written responses
contain numerous
grammatical, spelling
or punctuation
errors. The style of
writing does not
facilitate effective
communication.
Written responses
include some
grammatical, spelling
or punctuation errors
that distract the
reader.
Written responses
are largely free of
grammatical,
spelling or
punctuation
errors. The style of
writing facilitates
communication.
Written responses are free
of grammatical, spelling or
punctuation errors. The
style of writing facilitates
communication.
Part 5: Course and University Policies
Course Responsibilities
Students are expected to observe the requirements for the course and consult with the instructor
if prerequisites are lacking; obtain and understand the course syllabus; keep up with the
coursework and take all scheduled examinations; address any conflicts in syllabus and exam
scheduling with the instructor as soon as possible; review all graded material and seek help if
necessary; notify the instructor as soon as possible of any disabilities that might interfere with
completion of coursework; complete the course evaluation form fairly and thoughtfully.
Academic Progress
Students are expected to take an active part in assessing their academic progress each semester,
and to monitor their progress towards completion of graduation requirements. They are
expected to review academic policies and procedures described in the current Undergraduate
Bulletin and its Supplements; know basic University, college, and departmental graduation
requirements in their chosen majors and minors so they may plan completion of these
requirements; maintain personal copies of a tentative degree plan, progress reports, general
educational material, and transfer credit evaluations until after graduation; see that any
13
academic records from other universities are transferred and received by all the appropriate
offices (Admissions and Academic and Transfer Advising Services Office) for evaluation.
Interactions with Faculty, Instructors, and other Students
Students are expected to understand the concept of academic honesty and adhere to its
principles; be respectful and polite to all instructors and other students; be familiar with and
abide by the University’s sexual harassment policies as well as University policies regarding
consensual relationships between instructors and students; consult the Student Conduct Code
about other aspects of student conduct in and out of the classroom.
Student Accessibility Support Center Statement
If you have a physical, psychological, medical or learning disability that may impact your course
work, please contact Student Accessibility Support Center, ECC (Educational Communications
Center) Building, Room 128, (631)632-6748. They will determine with you what
accommodations, if any, are necessary and appropriate. All information and documentation are
confidential.
Students who require assistance during emergency evacuation are encouraged to discuss their
needs with their professors and Student Accessibility Support Center. For procedures and
information go to the following website: https://ehs.stonybrook.edu/programs/fire-
safety/emergency-evacuation/evacuation-guide-people-physical-disabilities
▪ To access mental health services, call Counseling and Psychological Services at 631-632-
6720; Counselors are available to speak with 24/7.
▪ For updated information on the Academic Success and Tutoring Center please check
www.stonybrook.edu/tutoring for the most up-to-date information.
▪ For IT Support: Students can visit the Keep Learning website at
https://sites.google.com/stonybrook.edu/keeplearning
for information on the tools you need for alternative and online learning.
Need help? Report technical issues at https://it.stonybrook.edu/services/itsm
or call 631-632-2358.
▪ For information on Library services and resources please visit the Continuity of Library
Operations guide.
Academic Integrity Statement
Each student must pursue his or her academic goals honestly and be personally accountable for all
submitted work. Representing another person's work as your own is always wrong. Faculty is required to
report any suspected instances of academic dishonesty to the Academic Judiciary. Faculty in the Health
Sciences Center (School of Health Technology & Management, Nursing, Social Welfare, Dental Medicine)
and School of Medicine are required to follow their school-specific procedures. For more comprehensive
14
information on academic integrity, including categories of academic dishonesty please refer to the
academic judiciary website at http://www.stonybrook.edu/commcms/academic_integrity/index.html
Critical Incident Management
Stony Brook University expects students to respect the rights, privileges, and property of other people.
Faculty are required to report to the Office of University Community Standards any disruptive behavior
that interrupts their ability to teach, compromises the safety of the learning environment, or inhibits
students' ability to learn. Faculty in the HSC Schools and the School of Medicine are required to follow
their school-specific procedures. Further information about most academic matters can be found in the
Undergraduate Bulletin, the Undergraduate Class Schedule, and the Faculty-Employee Handbook.
Religious Holiday Statement: The Religious Holiday Statement and Academic Calendar found on
the Office of the Provost Homepage:
http://www.stonybrook.edu/commcms/provost/faculty/handbook/employment/religious_holidays_p
olicy.php
The Academic Calendar can also be found on the Registrar's website:
https://www.stonybrook.edu/commcms/registrar/calendars/academic_calendars
Academic Success and Tutoring Center: This important program opened in September 2013.
Please be sure that your students are aware of the available services. Information can be found
at: http://www.stonybrook.edu/commcms/academic_success/
Student Learning Resources:
● Academic and Transfer Advising Services: Have questions about choosing the right course?
Contact an advisor today. Phone: (631) 632-7082 (option 2); email: advising@stonybrook.edu;
website: http://www.stonybrook.edu/commcms/advising/
● Amazon @ Stony Brook: Order your books before classes begin. Phone: (631) 632-9828; email:
Bookstore_Liaison@stonybrook.ed; website:
http://www.stonybrook.edu/commcms/bookstore/
● Bursar: For help with billing and payment. Phone: (631) 632-9316; email:
bursar@stonybrook.edu; website: http://www.stonybrook.edu/bursar/
● Career Center The Career Center's mission is to support the academic mission of Stony Brook
University by educating students about the career decision-making process, helping them plan
and attain their career goals, and assisting with their smooth transition to the workplace or
further education. Phone: (631) 632-6810; email: sbucareercenter@stonybrook.edu; Website:
http://www.stonybrook.edu/career-center/
● Counseling and Psychological Services: CAPS staff are available by phone, day or night.
http://studentaffairs.stonybrook.edu/caps/
● Disability Support Services: Students in need of special accommodations should contact DSS.
Phone: (631) 632-6748; email: dss@stonybrook.edu;
http://www.stonybrook.edu/commcms/studentaffairs/dss/
● Library: Access to online databases, electronic journals, eBooks, and more!
o Library Instruction Website - http://library.stonybrook.edu/workshops-this-
week-citation-skills-worldcat-and-endnote-the-hsc/
o SBU Library Research Guides and Tutorials
http://library.stonybrook.edu/research/research-basics/
15
● Registrar: Having a registration issue? Let them know. Phone: (631) 632-6175; email:
registrar_office@stonybrook.edu; http://www.stonybrook.edu/commcms/registrar/
● Writing Center: Students are able to schedule face-to-face and online appointments.
https://www.stonybrook.edu/writingcenter/
© Juliette Passer, Esq. 2012-2020

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Introduction to International Law Syllabus 2020

  • 1. 1 Political Science POL 311 & POL 530 Important Note: Every effort will be made to avoid changing the course schedule, but the possibility exists that unforeseen events will make syllabus changes necessary. It is your responsibility to check Blackboard for corrections or updates to the syllabus. Any changes will be clearly noted in course announcement or through email. Introduction to International Law Professor Juliette Passer, Esq. for Stony Brook University Spring 2020 Course Delivery Mode and Structure: This is an asynchronous, online course, delivered in the Blackboard learning management system (LMS). Students must be mindful of all course expectations, deliverables and due dates. All assignments and course interactions will utilize internet technologies. See “Technical Requirements” section below for more information. In Blackboard, you will access online lessons, course materials, Discussion Boards and resources. Office Hours: on Zoom, with prior appointment request by email Join URL: https://stonybrook.zoom.us/j/589689757?pwd=YWhXKzVsWUp6c1NhZUxIdG9RVVRaUT09 Contact Info: Juliette.Passer@stonybrook.edu (preferred), mobile +516-313-9176 How We Will Communicate: Course-related questions should be posted in the weekly Forum in the course Discussion Board. For personal/private issues, my preferred method of contact is via email listed at the top of this Syllabus. If you use Blackboard’s Email Tool, it will automatically include your full name, course name and section when you send me an email. I strive to respond to your emails as soon as possible, but please allow between 24-48 hours for a reply. Your Stony Brook University email
  • 2. 2 must be used for all University related communications. You must have an active Stony Brook University e-mail account and access to the Internet. All instructor correspondence will be sent to your SBU e-mail account. Please plan on checking your SBU email account regularly for course related messages. To log in to Stony Brook Google Mail, go to http://www.stonybrook.edu/mycloud and sign in with your NetID and password. Regular announcements will be sent from Blackboard. These will be posted in the class and may or may not be sent by email I will participate and post regularly in the discussion board and provide feedback on assignments within 48 hours. Regular communication is essential in online classes. When we are participating in class discussions the expectation is that you will respond regularly to your peers and questions posed to your responses. Logging in regularly, checking the discussion board and participating with your colleagues ensures that you are able to remain an active member of the class. Technical Requirements: This course uses Blackboard and Zoom, recently added to your Blackboard desktop for the facilitation of communications between faculty and students, submission of assignments, and posting of grades. The Blackboard course site can be accessed at https://blackboard.stonybrook.edu If you are unsure of your NetID, visit https://it.stonybrook.edu/help/kb/finding-your-netid-and-password for more information. You are responsible for having a reliable computer and Internet connection throughout the term. Caution! You will be at a disadvantage if you attempt to complete all coursework on a smart phone or tablet. It may not be possible to submit the files required for your homework assignments. Students should be able to use email, a word processor, spreadsheet program and presentation software to complete this course successfully. The following list details a minimum recommended computer set-up and the software packages you will need to have access to, and be able to use: • PC with Windows 8 or higher (we recommend a 3-year Warranty) • Macintosh with OS 10.11 or higher (we recommend a 3-year Warranty) • Intel Core i5 or higher • 250 GB Hard Drive • 8 GB RAM • Latest version of Chrome, Firefox or Explorer; Mac users may use Chrome, Firefox or Safari. (A complete list of supported browsers and operating systems can be found on the My Institution page when you log in to Blackboard.) • High speed internet connection • Printer • Word processing software (Microsoft Word, Pages, etc.) • Speakers (either internal or external) or headphones
  • 3. 3 • Ability to download and install free software applications and plug-ins (note: you must have administrator access to install applications and plug-ins). • Adobe Flash player with the latest update is crucial for playing multiple videos throughout the course. Technical Assistance: If you need technical assistance at any time during the course or to report a problem with Blackboard you can: • Phone: • (631) 632-9800 (client support, Wi-Fi, software and hardware) • Submit a help request ticket: https://it.stonybrook.edu/services/itsm • Visit the Walk-Up Tech Support Station in the Educational Communications Center building Part 1: Course Information This course is taught under the assumption that most of the students attending this course do not intend to enter law schools or the employment of an international agency after their graduation. They take International Law because it is an alternative to fulfil the necessary credits or they believe it is something different. This course is therefore designed to offer a broad overview of international law and its various areas, its relations to politics, and current challenges of the international legal environment. The focus will be on the theoretical background of international law as well as its practical implications in our globalized world, but it is only the tip of the iceberg and a steppingstone to the world of global issues. In short 5 weeks, we will be able to discuss only a small part of an enormous field of legal practice and learning. Hopefully, these discussions will help you to become lifetime learners in international law! International Law is essentially the law which governs the relationship between nation-states, although the subjects of international law now also extend to individuals, international organizations and other actors. It is law, to be sure (well...see the readings), but it is extraordinarily tied to public policy and political realities. It is, thus, particularly appropriate that this class is taught in a political science department, as no other field of law is as connected to politics – and all fields of law are connected to politics. This course will introduce the essential features of international law, and highlights from subfields. There will be three major parts to the course: PART I. SYSTEMIC ELEMENTS OF INTERNATIONAL LAW PART II. INTER–RELATIONSHIP OF INTERNATIONAL LAW AND NATIONAL LAW
  • 4. 4 PART III. SPECIALIZED AREAS OF INTERNATIONAL LAW We will begin by considering fundamental questions about the nature of international law, such as: the sources of international law (including treaties and customary international law); the subjects of international law; the origins of international law in the sovereign equality of states; principles of state responsibility; the bases upon which states may exercise jurisdiction; and the global governance challenges arising from the absence of assured mechanisms for the interpretation or enforcement of international law. We will then examine the operation of international law in the U.S. legal system. In the latter part of the course, we will look at a series of contemporary international law topics and issues, including international human rights law, the law governing coercion and the use of armed force, the law of armed conflict, international environmental law, and international criminal law. Throughout, we will consider current issues and problems arising in the international arena and the extent to which international law actually affects the behavior of states. This course is composed of only five weeks; during each week basic concepts of international law will be introduced and discussed. It is very important that students read the assigned materials early during each week (usually about 100 pages per week). This should enable us to optimize the rather limited time we have during the summer semester. As an integral part of the course, the online format demands everyone’s active participation on the Discussion Board and otherwise. Part 2: Course Learning Objectives and Assessments Learning Outcomes This course aims to: provide you with fundamental knowledge of the development of international law, its basic functions and workings, its role in our world today, and its most pressing challenges these days offer you an overview of how international law affects domestic law, as well as individuals and their daily life give you an understanding of the various fields of international law (legal sources, international organizations, environmental law and climate change, law of the sea and territorial disputes, etc.) and how they are interconnected engender an understanding and appreciation of the international legal system, as well as familiarizing you with its significance for the law (both international and domestic) as well as politics engage on topics of contemporary and timeless significance enhance your analytical skills and your ability to critically engage with international issues, in particular by writing short memoranda and the final paper.
  • 5. 5 At the end of this course, you will have a better understanding of the basic principles and concepts of International Law, as well as the analytical ability to navigate and examine the global political system. TEXTBOOKS Primary Resource: Principles of International Law by Sean D. Murphy #9781683286776 Additional optional reading materials: International Law Stories by Mark W Janis, John E. Noyes and Laura A. Dickinson #9781599410869 International Law and International Relations by Mark W Janis and John E. Noyes #9781634602938 Week 1 May 26 - May 31 PART I. SYSTEMIC ELEMENTS OF INTERNATIONAL LAW Chapter 1. Foundations of International Law Chapter 2. Actors of International Law Chapter 3. International Law Creation Submit thoughtful comments on the Discussion Board for the topics of the week Review and begin thinking about identifying a topic of interest for the Final Memorandum. Submit First Summary Memorandum by 11:59 EST pm on Sunday, May 31st Q Week 1 part 1 Please think about and comment on the following questions: What is a state? What amounts to a violation of state sovereignty? Is state sovereignty even worth protecting? Part 3: Course Schedule
  • 6. 6 Q Week 1 Part 2 Please think about and comment on the following questions: What is customary international law? What is the difference between custom and habit? How widespread does the custom have to be? Is customary international law compatible with state sovereignty? Q Week 1 part 3 Consider the UN system. Compare the powers of the General Assembly, the Security Council and the International Court of Justice and post your finings here. Also, please post your comments on the question raised on page 91 of our textbook. Week 2 June 1 - June 7 Chapter 4. International Law Interpretation and Dispute Resolution Chapter 5. International Law Compliance and Enforcement Chapter 6. Rules and State Responsibility Submit thoughtful comments on the Discussion Board for the topics of the week Submit Second Summary Memorandum by 11:59 EST pm on Sunday, June 7TH Q Week 2 part 1 Please think about and comment on the following questions: Consider the UN system. Compare the powers of the General Assembly, the Security Council and the International Court of Justice and post your finings here. Q Week 2 part 2 Please think about and comment on the following questions: Nations have existed for millennia without international courts to sort out their disputes. Why do we need them now? If there is no sovereign to enforce contracts, how do international treaties constrain states? Can States be coerced into compliance? What are the punishment mechanisms for the violation of treaties?
  • 7. 7 Week 3 June 8 - June 14 PART II. INTER–RELATIONSHIP OF INTERNATIONAL LAW AND NATIONAL LAW Chapter 7. Foreign Relations Law of the United States Chapter 8. National Jurisdiction to Prescribe, Adjudicate, and Enforce Chapter 9. Immunity from National Jurisdiction Submit thoughtful comments on the Discussion Board for the topics of the week Submit Third Summary Memorandum by 11:59 EST pm on Sunday, June 14TH Q Week 3 part 1 Please think about and comment on the following questions: Is International Law a Law? Is “international law” an oxymoron? Q Week 3 Part 2 Please think about and comment on the following questions: What is diplomatic immunity? What does it cover? What does it not? To what extent are states immune from the jurisdiction of other states? Can you sue one state in the courts of another state? What about situations where states are themselves involved in commercial activity? Week 4 June 15 - June 21 PART III. SPECIALIZED AREAS OF INTERNATIONAL LAW Chapter 10. Human Rights Chapter 11. Law of the Sea Submit thoughtful comments on the Discussion Board for the topics of the week Submit Fourth Summary Memorandum by 11:59 EST pm on Sunday, June 21ST Q Week 4 Part 1 Please think about and comment on the following questions: Looking at the basic history of International Human Rights Law, and how it emerged post-World War II. Is this really law or “just politics”? What does it mean to say it is law as opposed to “just politics”?
  • 8. 8 Given conflicting views on issues like the role of women and children in society, the rights of the accused, and the optimal level of the freedom of expression, can we really say that there are “universal” rights? If so, what are they? If not, how should we go about determining which rights are universal and how we ought to secure them? Q Week 4 Part 2 Please think about and comment on the following questions: What is the law of the sea? Why cannot states claim ownership over portions of the high seas in the saw ways that they can over portions of unoccupied territory? Week 5 June 22- June 28 Chapter 12. International Environmental Law Chapter 13. International Criminal Law Chapter 14. Use of Armed Force and Arms Control Optional: Chapter 15. International Legal Research Submit thoughtful comments on the Discussion Board for the topics of the week Submit Fifth Summary Memorandum by 11:59 EST pm on Sunday, June 28th Q Week 5 Part 1 Please think about and comment on the following questions: What is the role of international law in protecting the environment? If states have always recognized the dangers of unregulated activity on the environment (e.g. overfishing) why is international environmental law so comparatively young? Why do you think the US has resisted the Kyoto Protocol? Do you think this has been wise? Does the existence of nuclear weapons change our understanding of “self-defense”? How does international law treat threats to use nuclear weapons? Q Week 5 Part 2 Please think about and comment on the following questions: How has the legal concept of “self-defense” evolved over time? What role do you think the Second World War played in inspiring some of these changes?
  • 9. 9 Does the existence of nuclear weapons change our understanding of “self-defense”? How does international law treat threats to use nuclear weapons? When two states are at war, does it make sense to talk about legal restrictions on the use of force? Is not war the antithesis of law? What are the major features of the ICC? What is the relationship between the ICC and the UN? What is the extent of the ICC’s jurisdiction? What is the extent of its powers? How does it compare with the structure of other major courts, like the Supreme Court of the United States? *********************************************************************** Your Final Exam Memorandum on the topic of your choice will be due on July 3RD Official End of Term July 3, 2020 Part 4: Grading, Attendance, and Late Work Policies Undergraduate requirements for the course are a weekly Memo (6% x 5 weeks =30%), weekly discussions participation on Blackboard (5% x 5 weeks= 25%) and a final Topical Memorandum (45%) - no more than 3000 words. For graduate students, the final grade will be calculated thus: weekly Summary Memo (5% x 5= 25%), weekly discussions participation (5% x 5 weeks= 25%), final Topical Memorandum (50%) - no more than 4500 words. Students will choose the Final Memorandum topic in consultation with the instructor. All communications with me regarding assignments, attendance, or any other matter affecting the student’s performance in this course must be in writing. All students are encouraged to contact me with any questions, concerns or difficulties about the course material, or any other matter they wish to discuss via email or on Zoom during office hours. Assessment & Grading: Viewing Grades on Blackboard: Points you have earned for graded activities will be posted to the My Grades screen in the Tools area of Blackboard. In this course, you will be assessed on the following: Percentage/Points Activity/Assignment 25 Discussion Participation (Semester Long)
  • 10. 10 25 Weekly memoranda 50 Final research paper 100 Total Possible Letter Grades: Final grades assigned for this course will be based on the percentage of total points earned and are assigned as follows: Letter Grade GPA/Points Performance A 4.0 Excellent Work A- 3.7 Nearly Excellent Work B+ 3.3 Very Good Work B 3.0 Good Work B- 2.7 Mostly Good Work C+ 2.3 Above Average Work C 2.0 Average Work C- 1.7 Mostly Average Work D+ 1.3 Below Average Work D 1.0 Poor Work F 0.0 Failing Work General Criteria – Weekly Summary Memorandum Write-ups: In this course you need to be actively involved in the readings. Write-ups are due on Sunday by midnight on the weeks they are assigned. You will upload a write-up in a memo format as stated below, which demonstrate your understanding of the reading material. These write-ups will include a list of terms and abbreviations with definitions, list of treaties and international organizations and summary. The Summary Memorandum – should address the following questions: What did you learn from the reading? For example, what are the essential concepts, ideas, and insights. What were the most surprising facts you discovered? What was the most interesting new concept you encountered?
  • 11. 11 Each weekly memo should be no more than 2 pages or 1300 words, single spaced, 12-point font. Write-ups must be uploaded to the Blackboard each Sunday by 11:59 pm Eastern Standard Time. There are five weekly memos required for this course. Make sure your formatting is crisp and professional, paragraphs and good grammar observed with the APA citation format, as needed. On a separate page (page 3) of the memo, called Addendum, please list at least 8 new terms you have learned with brief definitions and list at least 6 organizations, which abbreviations you encountered in the textbook and now recognize, with full titles listed. Attendance and Late Work Policy: Attendance in this online course is accrued through your timely participation in discussions and completion of assignments. Failure to participate in required course activities will impact your final grade. Discussion Board Grading Rubric Criteria Unsatisfactory = 0 Limited = 1 Proficient = 2 Exemplary = 3 Critical Analysis (Understanding of Readings and Outside References) Discussion postings show little or no evidence that readings were completed or understood. Postings are largely personal opinions or feelings, or "I agree" or "Great idea," without supporting statement s with concepts from the readings, outside resources, relevant research, or specific real-life application. Discussion postings repeat and summarize basic, correct information, but do not link readings to outside references, relevant research or specific real-life application and do not consider alternative perspectives or connections between ideas. Sources are not cited. Discussion postings display an understanding of the required readings and underlying concepts including correct use of terminology and proper citation. Discussion postings display an excellent understanding of the required readings and underlying concepts including correct use of terminology. Postings integrate an outside resource, or relevant research, or specific real- life application (work experience, prior coursework, etc.) to support important points. Well-edited quotes are cited appropriately. No more than 10% of the posting is a direct quotation. Participation in the Learning Community Discussion postings do not contribute to ongoing conversations or respond to peers' postings. There is no evidence of replies to questions. Discussion postings sometimes contribute to ongoing conversations as evidenced by — affirming statements or references to relevant research or, — asking related questions or, Discussion postings contribute to the class' ongoing conversations as evidenced by — affirming statements or references to relevant research or, — asking related questions or, Discussion postings actively stimulate and sustain further discussion by building on peers' responses including — building a focused argument around a specific issue or — asking a new related question or — making an oppositional statement supported by
  • 12. 12 — making an oppositional statement supported by any personal experience or related research. — making an oppositional statement supported by any personal experience or related research. personal experience or related research. Discussion postings are at midpoint or later in the module or contributions are only posted on the last day of the module. Discussion postings respond to most postings of peers several days after the initial discussion. Discussion postings respond to most postings of peers within a 48-hour period. Discussion postings are distributed throughout the module (not posted all on one day or only at the beginning or only on the last day of the module). Etiquette in Dialogue with Peers Written interactions on the discussion board show disrespect for the viewpoints of others. Some of the written interactions on the discussion board show respect and interest in the viewpoints of others. Written interactions on the discussion board show respect and interest in the viewpoints of others. Written interactions on the discussion board show respect and sensitivity to peers' gender, cultural and linguistic background, sexual orientation, political and religious beliefs. Quality of Writing and Proofreading Written responses contain numerous grammatical, spelling or punctuation errors. The style of writing does not facilitate effective communication. Written responses include some grammatical, spelling or punctuation errors that distract the reader. Written responses are largely free of grammatical, spelling or punctuation errors. The style of writing facilitates communication. Written responses are free of grammatical, spelling or punctuation errors. The style of writing facilitates communication. Part 5: Course and University Policies Course Responsibilities Students are expected to observe the requirements for the course and consult with the instructor if prerequisites are lacking; obtain and understand the course syllabus; keep up with the coursework and take all scheduled examinations; address any conflicts in syllabus and exam scheduling with the instructor as soon as possible; review all graded material and seek help if necessary; notify the instructor as soon as possible of any disabilities that might interfere with completion of coursework; complete the course evaluation form fairly and thoughtfully. Academic Progress Students are expected to take an active part in assessing their academic progress each semester, and to monitor their progress towards completion of graduation requirements. They are expected to review academic policies and procedures described in the current Undergraduate Bulletin and its Supplements; know basic University, college, and departmental graduation requirements in their chosen majors and minors so they may plan completion of these requirements; maintain personal copies of a tentative degree plan, progress reports, general educational material, and transfer credit evaluations until after graduation; see that any
  • 13. 13 academic records from other universities are transferred and received by all the appropriate offices (Admissions and Academic and Transfer Advising Services Office) for evaluation. Interactions with Faculty, Instructors, and other Students Students are expected to understand the concept of academic honesty and adhere to its principles; be respectful and polite to all instructors and other students; be familiar with and abide by the University’s sexual harassment policies as well as University policies regarding consensual relationships between instructors and students; consult the Student Conduct Code about other aspects of student conduct in and out of the classroom. Student Accessibility Support Center Statement If you have a physical, psychological, medical or learning disability that may impact your course work, please contact Student Accessibility Support Center, ECC (Educational Communications Center) Building, Room 128, (631)632-6748. They will determine with you what accommodations, if any, are necessary and appropriate. All information and documentation are confidential. Students who require assistance during emergency evacuation are encouraged to discuss their needs with their professors and Student Accessibility Support Center. For procedures and information go to the following website: https://ehs.stonybrook.edu/programs/fire- safety/emergency-evacuation/evacuation-guide-people-physical-disabilities ▪ To access mental health services, call Counseling and Psychological Services at 631-632- 6720; Counselors are available to speak with 24/7. ▪ For updated information on the Academic Success and Tutoring Center please check www.stonybrook.edu/tutoring for the most up-to-date information. ▪ For IT Support: Students can visit the Keep Learning website at https://sites.google.com/stonybrook.edu/keeplearning for information on the tools you need for alternative and online learning. Need help? Report technical issues at https://it.stonybrook.edu/services/itsm or call 631-632-2358. ▪ For information on Library services and resources please visit the Continuity of Library Operations guide. Academic Integrity Statement Each student must pursue his or her academic goals honestly and be personally accountable for all submitted work. Representing another person's work as your own is always wrong. Faculty is required to report any suspected instances of academic dishonesty to the Academic Judiciary. Faculty in the Health Sciences Center (School of Health Technology & Management, Nursing, Social Welfare, Dental Medicine) and School of Medicine are required to follow their school-specific procedures. For more comprehensive
  • 14. 14 information on academic integrity, including categories of academic dishonesty please refer to the academic judiciary website at http://www.stonybrook.edu/commcms/academic_integrity/index.html Critical Incident Management Stony Brook University expects students to respect the rights, privileges, and property of other people. Faculty are required to report to the Office of University Community Standards any disruptive behavior that interrupts their ability to teach, compromises the safety of the learning environment, or inhibits students' ability to learn. Faculty in the HSC Schools and the School of Medicine are required to follow their school-specific procedures. Further information about most academic matters can be found in the Undergraduate Bulletin, the Undergraduate Class Schedule, and the Faculty-Employee Handbook. Religious Holiday Statement: The Religious Holiday Statement and Academic Calendar found on the Office of the Provost Homepage: http://www.stonybrook.edu/commcms/provost/faculty/handbook/employment/religious_holidays_p olicy.php The Academic Calendar can also be found on the Registrar's website: https://www.stonybrook.edu/commcms/registrar/calendars/academic_calendars Academic Success and Tutoring Center: This important program opened in September 2013. Please be sure that your students are aware of the available services. Information can be found at: http://www.stonybrook.edu/commcms/academic_success/ Student Learning Resources: ● Academic and Transfer Advising Services: Have questions about choosing the right course? Contact an advisor today. Phone: (631) 632-7082 (option 2); email: advising@stonybrook.edu; website: http://www.stonybrook.edu/commcms/advising/ ● Amazon @ Stony Brook: Order your books before classes begin. Phone: (631) 632-9828; email: Bookstore_Liaison@stonybrook.ed; website: http://www.stonybrook.edu/commcms/bookstore/ ● Bursar: For help with billing and payment. Phone: (631) 632-9316; email: bursar@stonybrook.edu; website: http://www.stonybrook.edu/bursar/ ● Career Center The Career Center's mission is to support the academic mission of Stony Brook University by educating students about the career decision-making process, helping them plan and attain their career goals, and assisting with their smooth transition to the workplace or further education. Phone: (631) 632-6810; email: sbucareercenter@stonybrook.edu; Website: http://www.stonybrook.edu/career-center/ ● Counseling and Psychological Services: CAPS staff are available by phone, day or night. http://studentaffairs.stonybrook.edu/caps/ ● Disability Support Services: Students in need of special accommodations should contact DSS. Phone: (631) 632-6748; email: dss@stonybrook.edu; http://www.stonybrook.edu/commcms/studentaffairs/dss/ ● Library: Access to online databases, electronic journals, eBooks, and more! o Library Instruction Website - http://library.stonybrook.edu/workshops-this- week-citation-skills-worldcat-and-endnote-the-hsc/ o SBU Library Research Guides and Tutorials http://library.stonybrook.edu/research/research-basics/
  • 15. 15 ● Registrar: Having a registration issue? Let them know. Phone: (631) 632-6175; email: registrar_office@stonybrook.edu; http://www.stonybrook.edu/commcms/registrar/ ● Writing Center: Students are able to schedule face-to-face and online appointments. https://www.stonybrook.edu/writingcenter/ © Juliette Passer, Esq. 2012-2020