This course aims to apply the concept of global governance to several situations closely relevant to peace, security, cooperation, and development in the global society. The course will start with a general overview of some traditional notions and concepts of international law, such as State and “international society,” to understand how this community has developed over the centuries, at least from the 16th and 17th centuries, which culminated into the “Westphalia” system in 1648. Then the war and peace topic will be followed at the turn of the 20th century with the rise of new actors, such as international organizations. Then World War I and II brought legally binding institutions into global governance. At the same time, non-state actors such as NGOs and transnational corporations have challenged the meaning of the “community of nations” and related “the law of the nations.” Thus, this course will have 7 units that have a specific theme in the unit. Each unit has two or three-week topics. Also, a weekly class comprises two meetings. One class will be a lecture and debate, while the other will be devoted to a documentary/short video watching or reading a specific case followed by a lively discussion. Through this class, students are expected to understand human history and current issues that we face in international peace, development, security, etc.
- You are expected to read weekly reading assignments before the class.
- If you anticipate difficulty attending class or completing an assignment for any reason, please get in touch with the instructor as soon as possible.
- 30 % participation during seminars (debate, analysis of the documents, etc.)
- 20 % Mid-term essay (2-3 pages, no footnote) on a specific topic related to the history of international law.
- 50 % Final assessment: a paper (around 5000 words, footnotes included) on one or more cases of a specific topic of their choice. The topic must be notified to the professor, who will assess the compatibility with the course.
Unit I. Framework on International Community
Week 1 (Sep. 18-22), Introduction to Course: Sources of International Law
- 1-1. New Actors (individuals, transnational corporations, NGOs, non-State entities): Samantha Besson and José Luis Martí, “Legitimate actors of international law-making: towards a theory of international democratic representation,” Jurisprudence 9.3 (2018): 503-540.
- 1-2. The Concept of Globalization and Global Governance: Michael Zürn, “Globalization and Global Governance,” Walter Carlsnaes, Beth A. Simmons, and Thomas Risse eds., Handbook of International Relations (London, UK: Sage Publications, 2012), pp. 401-425; Video Clip and Discussion.
Week 2 (Sep. 25-29), The Old World Order, Hugo Grotius (1583-1645), and the Westphalian Treaty (1648)
- 2-1. The Old World Order and Hugo Grotius: John E. Carter, “Reconsidering the Relationship between Vitoria’s and Grotius’s Contributions to the International Law and Natural Law Traditions,” Journal of Religious Ethics, 49.1 (2021): 159-187.
- 2-2. The Westphalian Treaty and European International Order: Sasson Sofer, “The prominence of historical demarcations: Westphalia and the new world order.” Diplomacy & Statecraft 20.1 (2009): 1-19; Video Clip and Discussion.
Unit II. War and Peace from the Late 19th Century to the First Half 20th Century
Week 3 (Oct. 2-6), War and Peace in the Late 19th and Early 20th Century: The Russo-Japanese War and Hague Peace Conference
- 3-1. Asian World Order and Encounter with European International Order: David C. Kang, “International order in historical East Asia: Tribute and hierarchy beyond Sinocentrism and Eurocentrism.” International Organization 74.1 (2020): 65-93.
- 3-2. Russo-Japanese War and Hague Peace Conference (1907): Amos S. Hershey, "Some Questions of International Law Arising from the Russo-Japanese War I. Failure to Declare War and Alleged Violation of Korean Neutrality." Green Bag 16 (1904): 306-311.Video Clip and Discussion.
Week 4 (Oct. 9-13), Introducing Crime against Peace: Kellog-Briand Pact (Pact of Paris, 1928)
- 4-1. The Road to the Kello-Briand Pact: Michael Limberg, “In Relation to the Pact”: Radical Pacifists and the Kellogg‐Briand Pact, 1928–1939.” Peace & Change 39.3 (2014): 395-420.
- 4-2. League of Nations and Peace Project: Nova Robinson, “Sisters in Asia”: The League of Nations and Feminist Anticolonial Internationalism.” Signs: Journal of Women in Culture and Society 47.4 (2022): 987-1012; Video Clip and Discussion.
Unit III. The Prohibition of the Use of Force
Week 5 (Oct. 16-20),: Practice of Punishing Crime against Peace: Nuremberg Trial, Tokyo Trial, and Military Occupation
- 5-1. Introducing the Crime Against Peace and Strengthening Crime Against Humanity: Zachary D. Kaufman, "The Nuremberg Tribunal v. the Tokyo Tribunal: designs, staffs, and operations." J. Marshall L. Rev. 43 (2009): 753-768.
- 5-2. Military Occupation and International Law: Jong-Chol An, “Modifying the Hague Convention? US Military Occupation of Korea and Japanese Religious Property in Korea, 1945–1948,” Acta Koreana 21.1 (2018): 205-229; Video Clip and Discussion.
Week 6 (Oct. 23-27), UN Charter, the Use of Force, and Peace Keeping: Geneva Convention (1949) and the Korean War (1950-53)
- 6.1. UN Charter and the Use of Force: Tom Ruys, “The Meaning of “Force” and the Boundaries of the Jus Ad Bellum: Are “Minimal” Uses of Force Excluded from UN Charter Article 2 (4)?,” American Journal of International Law 108.2 (2014): 159-210.
- 6.2. Geneva Convention and Crime against Humanity: Neville Wylie and James Crossland. “The Korean War and the Post-War Prisoner of War Regime, 1945–1956.” War in History 23.4 (2016): 439-456; Video Clip and Discussion.
Mid-term Break: October 30 to November 3, 2023 (November 1: National Holiday)
Unit IV. The Fight against Torture and Transnational Criminality
Week 7 (Nov. 6-10), Torture Issues and International Terrorism (the case of ISIS)
- 7.1. Post-Cold War and International Terrorism: 9.11 and Afghanistan and Iraq War: William Ranney Levi, “Interrogation's Law,” The Yale Law Journal (2009): 1434-1483.
- 7.2. ISIS and International Terrorism: Human Rights Council A/HRC/32/CRP.2, “They came to destroy”: ISIS Crimes Against the Yazidis”(http://www.ohchr.org/Documents/HRBodies/HRCouncil/CoISyria/A_HRC_32_CRP.2_en.pdf); Discussion on Torture Documents (https://www.therenditionproject.org.uk/documents/torture-docs.html).
Week 8 (Nov. 13-17), Money Laundering, Corruption. Human Trafficking, and Illicit Trafficking of Cultural Property
- 8.1. International Corruption and Human Trafficking: Beth A. Simmons, Paulette Lloyd, and Brandon M. Stewart. “The global diffusion of law: Transnational crime and the case of human trafficking,” International Organization 72.2 (2018): 249-281.
- 8.2. Illicit Trafficking of Cultural Property: Zsuzanna Veres, “The fight against illicit trafficking of cultural property: The 1970 UNESCO convention and the 1995 UNIDROIT convention,” Santa Clara J. Int'l L. 12 (2013): 91-114; Video Clip and Discussion.
Unit V. Security and Promotion of Human Rights
Week 9 (Nov. 20-24), Existing Mechanism to Protect Human Rights (1): European Court of Human Rights (November 21: Municipal Holiday)
- 9.1. Human Rights Litigation in the EU: Jillienne Haglund and Ryan M. Welch. “From Litigation to Rights: The Case of the European Court of Human Rights,” International Studies Quarterly 65.1 (2021): 210-222.
- 9.2. Migration and Human Rights in the EU: Enela Topulli, “Securitization of migration and human rights in Europe,” European Journal of Multidisciplinary Studies 1.5 (2016): 86-92; Video Clip and Discussion.
Week 10 (Nov. 27-Dec. 1), Existing Mechanism to Protect Human Rights (II): Russo-Ukraine War (2022 - Present)
- 10.1. What if a UN Permanent Security member invaded another sovereign state? Ingrid Wuerth Brunk, and Monica Hakimi, “Russia, Ukraine, and the future world order,” American Journal of International Law 116.4 (2022): 687-697.
- 10.2. Wartime Protection of Civilians: Giselle Bosse, “Values, rights, and changing interests: The EU’s response to the war against Ukraine and the responsibility to protect Europeans,” Contemporary Security Policy 43.3 (2022): 531-546; Video Clip and Discussion.
Unit VI. International Cooperation and Development
Week 11 (Dec. 4-8), The Right to Development, (In)Tangible Cultural Heritage: UNESCO (December 8: National Holiday)
- 11.1. Right to Development? Declaration of the UN General Assembly A/RES/41/128
(https://www.ohchr.org/sites/default/files/Documents/Issues/Development/DeclarationRightDevelopment_en.pdf); Arjun Sengupta, “Right to development as a human right,” Economic and Political Weekly (2001): 2527-2536.
- 1.2. Cultural Heritage Issues and International Law: Lucas Lixinski, “International cultural heritage regimes, international law, and the politics of expertise,” International Journal of Cultural Property 20.4 (2013): 407-429; Video Clip and Discussion.
Unit VII. Environmental Law and Climate Change
Week 12 (Dec. 11-15), Environmental Law, the Nature and the Rights
- 12.1. The Nature and Rights: Christopher D. Stone, “Should trees have standing?” Southern California Law Review 45 (1972): 450-501.
- 12.2. Environment Law and Litigation: Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108; Video Clip and Discussion.
Final Exam: December 18-21, 2023
1. All the reading materials in the MOODLE. My lecture slides will be uploaded right after each class.
2. http://www.internationalcrimesdatabase.org: study the definitions of “courts” and the following crimes: crimes against humanity, war crime, genocide, and aggression. Plus, the paper written by the ICRC https://www.icrc.org/eng/assets/files/2014/international-criminal-justice-institutions-icrc-eng.pdf
3. Climate change litigation database http://climatecasechart.com/
Recommended but Non-Compulsory Readings
- Oona A. Hathaway and Scott J. Shapiro, The Internationalists: And Their Plan to Outlaw War (London, UK: Penguin Books, 2018).
- Valsamis Mitsilegas, Peter. Alldridge, and Leonidas Cheliotis eds., Globalisation, Criminal Law and Criminal Justice (Great Bookham, UK: Hart Publishing, 2015).
- Bardo Fassbender and Anne Peters eds., The Oxford Handbook of the History of International Law (Oxford, UK: Oxford University Press, 2012).
- Adam Roberts and Richard Guelff eds., Documents on the Laws of War (New York: Oxford University, 2010)(Third Edition)
* Please refer to e-journal sources for your research in various sites such as https://scholar.google.com/, http://muse.jhu.edu, and https://www.jstor.org/. Please consult your professor if you want to develop your interest more.
Last updated: July 11, 2023