030127 KU History and Theory of International Law (2011W)

IMPORTANT: This class is only open to those students WITH PREVIOUS EXPERIENCE OF PUBLIC INTERNATIONAL LAW.

This course requires students to critically examine the role of international law in contemporary society. Students are required to undertake the primary task of philosophical thought, once defined as: "to never consent to be completely at ease with what seems evident to oneself" (M. Merleau-Ponty). The course shall enable this by examining topics that fall into three broad categories: (a) Introductory & Historical Topics: aimed at guiding students to think critically and appraise the value of diverse doctrinal approaches to international law at different moments in history; (b) Topics of the Whole System (Holistic): aimed at enabling students to think about how international law works as a system, systemic changes in the formation of institutions and rules, as well as the purpose it beholds for individual lawyers and society; and (c) Concrete Contemporary Problems: aimed at examining the role of international law in relation to pressing issues such as: war, revolutions, poverty, inequality and hegemonic politics.

Specifically, the course shall examine the following 7 topics over the 8 sessions: (1) Learning How to Think about International Law: The Function of Ideology and History; (2) Doctrinal Approaches at Two Moments in History; (3) Architectural Theories of the International Legal System: From Constitutionalism to Systems Theory; (4) Democracy and International Law: the Function and Spread of the Democracy Norm; (5) Poverty and International Law: Part of the Problem?; (6) Humanitarianism, Human Rights & The Institution of War (2 sessions); (7) The Purpose and Ideals of the International Legal Professional.

The classes shall be taught using a combination of lecturing and discussion. Students are encouraged to form, express, and argue for substantiated opinions. As a pre-requisite of forming substantiated opinions, students are required to complete the reading assigned for this course. Reading is mandatory - and students´ability to express their having done so, shall be reflected in the final grade.