Unit 2 International Law
PART 1 → Opening IL Fact Pattern (CASE 1)
PART 2 → The Challenge of Controlling State Conduct Internationally
PART 3 → The CORE 4 International Legal Principles
- A System of Claim & Response
- Conflict of Laws / Jurisdiction
- The Doctrine of Universal Jurisdiction
- The Law of Peacemaking
- Humanitarian Intervention & R2P
- Defence of Nationals
- Common Heritage and the Precautionary Principle
PART 4 → 5 Current International Law Case Studies As Chiefly Interpreted by Canada
CASE 2 → SYRIA
INTERVENTION # 1 → Counter -- Terrorism
The "Original Position" Thought Experiment Fairness Through Self-Interest = Universal Human Rights
This thought experiment was created by the American philosopher John Rawls. He asks us to imagine ourselves in a situation in which we know nothing of our true lives — we are behind a “veil of ignorance” that prevents us from knowing the political system under which we live or the laws that are in place. Nor do we know anything about psychology, economics, biology, and other sciences.
Along with a group of similarly situation-blind people, we are asked, in this original position, to review a comprehensive list of classic forms of justice drawn from various traditions of social and political philosophy. We are then given the task of selecting which system of justice we feel would best suit our needs in the absence of any information about our true selves and the situation we may actually be in in the real world.
So, for example, what if you came back to “real life” to find out that you live in a shanty town in India? Or a middle class neighborhood in Norway? What if you’re a developmentally disabled person? A wealthy elite? (Or as was proposed in a paper, “All Together Now,” a different species?)
According to Rawls, we would likely end up picking something that guarantees equal basic rights and liberties to secure our interests as free and equal citizens, and to pursue a wide range of conceptions of the common good. He also speculated that we’d likely choose a system that ensures universal human rights, both negative and positive rights (such as fair educational and employment opportunities).
Y = Yes, IL is Ineffective / IL is a Failure
N = No, IL is Effective / IL Works
EACH GROUP HAS 7 MINUTES TO OPEN, MAKE THEIR ARGUMENTS, & CLOSE (30 seconds to open, 30 seconds to close, and 6 minutes (2 minutes x 3 group members) to make your arguments using supporting points, research, and evidence). Each group will have 2 minutes to plan rebuttal for the free debate. The free debate will be 4 minutes in length.
GROUPS NO (EFFECTIVE)
CASE 4 → THE SOUTH CHINA SEA
CASE 5 → LIBYA
CASE 6 → KOSOVO
Complete READING #1 Yugoslavia: A Nation Divided and in your notes answer the questions on the last page.
Complete READING #2 Tell It To The World: International Justice and the Secret Campaign to Hide Mass Murder in Kosovo and in your notes select and record a quote that links strongly to one of the core international legal principles we are studying. Also write one question for discussion next class.
Tell It To The World
The Kosovo Report
PART 5 → Diplomatic Relations
PART 5 → Diplomatic Relations
LANDMARK CASE → Tehran Hostages Case
Diplomatic Immunity Cases