COURSE SYLLABUS FOR INTERNATIONAL LAW

Political Science 288/588 3 Ug/4 G Credits

Winter Quarter 2005 Mon. Wed. Fri. at 11 a.m. Rieveschl 422D

http://blackboard.uc.edu/ http://homepages.uc.edu/~tolleyhb/

Course Description:

International Law is a problem-oriented course that requires students to apply relevant legal materials to disputes involving major issues of territorial conflict, war, and human rights. Two core texts provide a comprehensive survey of international law. Following introductory lectures in each area, students will discuss assigned readings and debate conflicting views of how the law applies to international conflicts. Students should have completed the prerequisite, Political Science 180, Introduction to International Relations. This course fulfills the General Education Breadth of Knowledge (BoK) areas of Social Sciences and Social & Ethical Issues and promotes the development of the following Baccalaureate Competencies: Critical Thinking, Effective Communication, and Social Responsibility. The class also counts as an elective for the A&S Human Rights Certificate. www.law.uc.edu/morgan/ihrc/

Required Texts:

Shirley Scott, International Law in World Politics

Thomas Buergenthal, Public International Law, 3 rd ed. West

Recommended: NY Times; free at http://www.nytimes.com

A Global Agenda: Issues Before the 59th U.N. General Assembly, 2004 On Langsam Reserve

Instructor:

Howard Tolley, Jr., Crosley 1114, ex 556-3316, Office Hours: Wed + Fri. noon-2 pm email: Howard.Tolley@uc.edu In addition to assisting students in this course, the instructor is available for academic advising and placement counseling for pre-law students, political science and international affairs majors, Mock Trial, Semester-at-Sea, Co-op, internships, and Model UN. Go to http://homepages.uc.edu/~tolleyhb for links to advising references.

Requirements: Per Cent of Final Grade

Class attendance 6% 25 points

Participation, Recitation 5% 25 points

3 THRO Homework Exercises 6% 30 points

Paper Bibliography 6% 20 points

Journal Article Synopsis 6% 30 points

Advocacy paper and oral argument 22% 100 points

Mid-Term Test 22% 100 points

Final Examination 27% 120 points

Students should expect to spend two hours in outside preparation for each one hour class meeting. The instructor will call on students each class for answers to questions on the reading--come prepared. Students in the honors program may arrange a writing contract for the paper. Instructor’s grade distribution in 9 classes, Summer 2000—Winter 2002 (13% W passing not included): A: 16%; A-: 4% B+: 4.3% B: 34% B-: 5%-29%; C+ 9.7%; C: 17% C-: 5.8% D: 1%; UW: 3.3%

Attendance Policy:

Regular attendanceis expected and is essential for participation/recitation. In exceptional circumstances every student will need to miss class for reasons they alone determine. No explanation must be given--there are no excused or unexcused absences. All absences are treated equally. No specific number of absences results in a grade penalty. Points earned by class attendance, recitation and participation are added together with scores from all assignments and exams to compute a point total that determines a final grade. A student attending 90% of the classes (25 of 28) would have an "A" grade for the attendance component. After missing a class, always check with a classmate for notes and special announcements. If you must leave a class meeting early, go quietly without asking permission, offering an explanation, or requesting an excuse.

Withdrawal Policy:

Students who withdraw by Monday Feb. 11, a week after the mid-term test will all be assigned a grade of "W", even if they have not attended class, done a paper, or taken the exam. Thereafter, any student who is failing will be recorded as "withdraw-F", even if they drop online. Under university policy, a student who is passing can still withdraw until March 1 without penalty.

Online Conferencing:

The instructor will regularly call on students in class to answer questions about assigned readings. Blackboard, the U.C. internet classroom assistant, will be used for email, link sharing and an electronic bulletin board for posting messages/papers. http://blackboard.uc.edu. Post a one-paragraph bio of yourself following the link for Communication, Discussion Board, Student Bios. The instructor will post on the electronic bulletin board for all students’ answers he gives to any students raising questions by e-mail. All current and prospective POL and INTA majors are expected to join the department listserv, at http://listserv.uc.edu/cgi-bin/wa.exe?SUBED1=uc-pos&A=1 . If you encounter any difficulty contact Professor Moore at 556-3376, Thomas.Moore@UC.edu

Three Homework Exercises All students will complete all three Teaching Human Rights Online (THRO) problems by printing out three scored interactive exercises from the internet. All students completing the homework will receive full credit no matter what their score. Those who get perfect scores by clicking ahead to find the correct answers will only cheat themselves of a learning opportunity.

Article Synopsis Find a law journal article related to the case selected for your term paper, similar to the critique of Iran v U.S. from the American Journal of International Law assigned for 1/28, and submit a 2 page summary.

References Submit a bibliography for your term paper that includes the following:

1. Secondary sources: a) books—both texts with specific chapter and page references, plus at least one other. b) at least one scholarly law journal article c) periodical articles from newspapers, magazines

2. Primary sources a) Court decisions with full legal citations b) Treaties c) pleadings and legal memoranda by the parties

Advocacy Paper

Each student must complete an advocacy paper of 4-6 typed pages on either an assigned Teaching Human Rights Online (THRO) case or on U.S. counter-terrorism initiatives. The THRO internet text provides basic information needed along with a reference bibliography; students are expected to examine relevant treaties from the text, online or on Langsam reserve. The text identifies appropriate references at the end of each chapter, and basic treatises are on Langsam Reserve. The Blackboard resources and instructor’s homepage http://homepages.uc.edu/~tolleyhb/ has links that access treaty texts as well as U.N. and other documents. All papers must provide a complete list of references using the same citation style for books, court cases, internet sites, and journal articles found in the Scott text beginning at page 311.

Oral Argument.

Each student will make a 5 to 10 minute oral argument in a class debate on the case. Draft arguments must be posted on Blackboard the day before class debate and sent to all in the class by email for advance preparation. Submit a printed version in class.

Work Groups : Students conducting research on the same issue will participate in a group discussion on the day the paper is due in class and may collaborate on advance research. Papers may be collaborative projects with co-counsel or other members of a team as long as each student completes a distinct paper for an individual grade.

Two Warnings: 1) Papers turned in after the deadline will receive no more than 50% credit and cannot earn a passing grade. 2) Plagiarism is an automatic F, and the instructor will use tracking software to identify copied material.

Notes/Citations : When your paper directly quotes material from a textbook, a law journal or any other source, use quotation marks to identify all copied phrases and then give the correct page citation or the internet site address and date of visit. All papers must use the same citation style for books, court cases, and journal articles used by Baum at pp 28-30, and Lazarus 519-20.

Instructions for citation will also be found in the Course Documents section on Blackboard.

Academic Honesty :

Plagiarism is an automatic "F," and the cheater may be reported to the college for disciplinary proceedings. Definitions of cheating, plagiarism, and penalties are in the U.C. Student Code of Conduct at http://www.uc.edu/ucinfo/conduct.html . The plagiarism definition includes, but is not limited to: copying another student's work, copying materials from printed sources without proper citation, paraphrasing printed materials without proper citation and failing to cite all sources used/consulted. See UC guidance at http://www.libraries.uc.edu/research/plagiarism.html The instructor will use plagiarism tracking software to identify copied work.

Assignments Subject to change at the instructor’s discretion

STUDENT INFORMATION FORM FOR INTERNATIONAL LAW Winter 2005

Name ____________________________________ Year/Class ________________

Major ___________________ E-mail address _______________________________

College at U.C. _________________________ U.C. Honors Scholars Program? YES NO

Registered

Home City and State __________________________________ Voter? YES NO

Related Coursework--Check courses taken

International Politics Judicial Process International Organization

Comparative Government Business Law Constitutional Law

Other ______________________________________________________

Total number of credit hours to be taken at U.C. this term: ____________ Pre-Law? YES NO

If employed, how many hours per week during this term: _________________

Do you use a modem from a home computer to log onto the U.C. system? YES NO

Would you like a training session in how to use internet and Lexis to access treaties, journal articles, and international legal materials? YES NO

Interested in joining Political Science Student Association YES NO

ADVOCACY PAPER OPTIONS

Identify your choice for the advocacy papers, oral argument, and simulation by selecting two of the three assigned problems and then:

1. Circle either 1 st or 2 nd to indicate any preference for class debate

2. Check A or B for each case to identify preferred advocacy perspective—supporting or opposing a claim

1 st 2 nd Germany v. U.S. The LaGrand Death Penalty Monday Feb. 7

___ A. Advocate for Germany ___ B. Advocate for U.S.

1 st 2 nd Rape and Genocide in Rwanda: The ICTR's Verdict Wednesday March 2

___ A. Advocate for Prosecutor ___ B. Advocate for Defendant

1 st 2 nd A Just War? Clinton's Response to Kosovo Monday Feb. 21

___ A. Advocate opposed to NATO intervention ___ B. Advocate supporting U.S.

1 st 2 nd Unocal and the Yadana Gas Pipeline Wednesday March 2 (Rec for CBA)

___ A. Advocate opposed to Unocal ___ B. Advocate supporting Unocal

1 st 2 nd U.S. and Regime Change in Iraq Monday Feb. 21

___ A. Advocate opposed to U.S. intervention ___ B. Advocate supporting regime change

1 st 2 nd U.S. Interrogation/Detention of Enemy Combatants Wednesday March 2

___ A. Advocate opposed to U.S. practice ___ B. Advocate supporting U.S. Practice

On the back of this form, please provide whatever additional information you care to share might be relevant: schools previously attended, law related experience, employment, internships, club or organization memberships, travel, other interests, strengths, weaknesses. Individuals with learning disabilities or a physical handicap should arrange with the instructor for necessary accommodations in class and/or assignments and examinations. On a Blackboard personal webpage you may share for review by others in the class a mini-bio.

INTERNATIONAL LAW RESEARCH/ADVOCACY PAPER ASSIGNMENTS

Germany v. U.S. The LaGrand Death Penalty Monday Feb. 7

for Germany: One of 3 below

for U.S.: 2 of these 3 – Dailey, Munafo, Reis

A Just War? Clinton's Response to Kosovo Monday Feb. 21

opposed to NATO intervention: Beecher, Sulewski

supporting U.S.: Grove, Kennedy, Weis

U.S. and Regime Change in Iraq Monday Feb. 21

opposed to U.S. intervention: Hansel, Leftin, Stinson

supporting regime change: Hertenstein, Prest, Zeigler

Rape and Genocide in Rwanda: The ICTR's Verdict Wednesday March 2

for Prosecutor: Bowers, E., Bowers, M., Winchester

for Defendant: Surber, Vogel

Unocal and the Yadana Gas Pipeline Wednesday March 2

opposed to Unocal: Lawson, Rakovan, Succop

supporting Unocal: Evans, Fortman, Zumbro

U.S. Interrogation/Detention of Enemy Combatants Wednesday March 2

opposed to U.S. practice: Allen, Haynes and one of four below

supporting U.S. practice three of these four -- Henkel, Marengo, Metz, Regan

Model U.N. – Human Rights Watch

Glaser, Hyatt, Kasee, Thurman

Unassigned as of 1/5/05 Gamble, Kelly, Marksberry, Mazzuckelli