Formation/Cours

The expansion and breadth of international law and institutions over global politics in the past sixty years continue to underscore the ever-increasing intertwining between international law and global politics. Yet, the geopolitical arrangements of the latter half of the twentieth century of “embedded liberalism”, decolonisation and the “end of history” have given way to new challenges such as, terrorism, internal conflicts, weapons of mass destruction and human rights. What role can international law play in a deeply divided world where multinationals often hold more power and more assets than many nation states and where the state’s monopolistic claim as law’s harbinger is increasingly under attack?

The primary aim of this course is to introduce students to international law concepts and norms and to explore its development and authority in an ever-changing world system. Ever since the 20th century, international law which was initially conceived as the law of nations has today expanded to also encompass rights and duties of international and transnational organizations, as well as individuals. Further, it has moved from a law regulating mainly western states to one regulating both western and non-western states. In addition, international law is continuously called upon to deal with new challenges ranging from global migrations, terrorism to changing conceptions of security and of the state.

The first four sessions of the module explore these changes by looking at topical issues of international law, such as the conduct of war, humanitarian intervention, human rights, terrorism. One of the core challenges facing international law is the tension between the continued traction for international legal responses to emerging threats but the unevenness of the authority of international law in global and national governance.

The last sessions discuss this challenge by looking at the practical applicability and import of international law, focusing specifically on the roles played by international and national courts in (re)shaping local and global politics. They will be based on a field trip session and a concluding session.

Session 1 – 13 September – 12-3pm

· Course introduction

· Why examine the relationship between international law and politics?

· Distribution of group presentations

Compulsory reading:

B. Taub, ‘The Assad files. Capturing the top-secret document that tie the Syrian regime to mass

torture and killings’, The New Yorker, 18 April 2016

Session 2 – 20 September 2023 – 12-3pm

Theme 1. International law as politics?

· Colonialism, imperialism and the problem of sovereignty in the post-colonial international order

· Human rights, state and non-state actors in a neoliberal world

Compulsory readings:

Anghie, A (2006) ‘Decolonizing the concept of ‘good governance’’ in Gruffydd Jones, B (ed.)

Decolonizing International Relations (Lanham, Rowman & Littlefield Publishers, Inc)

109- 130

Dezalay, Y and Garth, BG (2006) ‘From the Cold war to Kosovo: the rise and renewal of the

field of international human rights’ 2 Annual Review of law and social science 231-55

Theme 2. International law and the politics of war

· From the “just war” to the United Nations

· Interventions

· Terrorism and international law

· Cyber warfare

Compulsory readings:

Blakeley, R and Raphael, S (2017) ‘Conducting Effective Research into State Complicity in

Human Rights Abuses’, Contemporary Social Sciences, DOI: 10.1080/21582041.2017.1391406

Duffield, M. Global Governance and the New Wars. The Merging of Development and Security, London

Zed Books, 2001. Chapters 1, pp. 1-21 and 4, pp. 75-107.

Session 3 – 27 September 2023 – 12-3pm

Theme 1. International law and the politics of humanitarianism

· Humanitarian intervention in the Cold war

· Humanitarian intervention and the war on terror

Compulsory readings:

Levi, R and Hagan, J (2012) ‘Lawyers, humanitarian emergencies and the politics of large numbers’.

In Y. Dezalay and B.G. Garth (eds.), Lawyers and the construction of transnational justice,

Routledge, pp. 13-47

Neuman, M and Weissman, F (2016) Saving lives and staying alive: humanitarian security in the

age of risk management, Hurst. Chapter 1.

Available online: https://www.msf-crash.org/en/publications/secourir-sans-perir-la-securite-humanitaire-lere-de-la-gestion-des-risques-0

Theme 2. International law and the politics of global justice

· The judicialization of the international political order

· The tension between politics and justice

Compulsory readings:

Kaleck, W and Kroker, P (2018) ‘Syrian Torture Investigations in Germany and Beyond’ Journal

of International Criminal Justice 16: 165-191

Levi, R and Hagan, J (2005) ‘Crimes of war and the force of law’ 83(4) Social Forces 1499-1534