INTERNATIONAL LAW AND TRANSNATIONAL LEGAL ISSUES

LSLW 577

(Section 01)

Spring 2009

Professor

Time/Location

Office Hours

Contact Information

Jack Baldwin-LeClair

Thursday, 6:30-9:10 PM

by appointment and as

Tel: 973.655.7953

MA, Ed.S, J.D

Dickson Hall Room 333

posted

Law Office:201.213.9600

 

 

 

Fax: 973.655.7951

 

 

 

Email:leclairj@chss.montclair.edu

Materials

B:= Blakesley, Firmage, Scott, Williams. The International Legal System, 5th Edition. (New York: Foundation Press, 2001).

BE: Bederman, David J., International Law Frameworks. (New York: Foundation Press, , 2001).

K: Klein, Naomi, The Shock Doctrine: The Rise of Disaster Capitalism (New York: Henry Holt and Company, 2007).

Grading

Midterm Examination

30%

Final Examination

30%

Classroom Participation

20%

Paper, Homework, and Simulations

20%


PURPOSE OF THIS COURSE

This course is a survey course. Some prior knowledge is necessary or expected. The purpose of the course is:

  1. To explore the origin and history of international law..
  2. To acquaint the students with the sources of international legal authority..
  3. To understand the principles underlying international natural law and international positive law.
  4. To explore interstate issues affecting commerce, human rights, criminal prosecution.

  5. To acquaint students with various legal documents which control the substance and procedure of international law.

  6. NOTES

  1. Reading assignments must be prepared in advance of the class meeting date.
  2. Not all course material is covered in the text. Examinations may include material covered by lecture, class discussion, handouts, demonstrations or lab sessions in addition to assigned readings.
  3. There will be no makeup examinations.(1)
  4. Class attendance is mandatory and class participation will be rewarded.
  5. Recommended reference books and supplemental reading materials will be assigned.
  6. Students are encouraged to work cooperatively.
  7. DO NOT FAX ASSIGNMENTS UNDER ANY CIRCUMSTANCES.

TOPICS AND ASSIGNMENTS

This syllabus will change. Keep checking each week for new assignments. Also, materials will be posted on http://montclair.blackboard.com All assigned chapters refer to the text. Specific assignments within the pages assigned may be announced in class. Outside readings may be assigned. All topics will be covered on a flexible schedule depending on the needs of the class, and other factors. Preliminary dates are provided.

WEEK / TOPIC / ASSIGNMENT

PART I - The General Nature of International Law

 01.21.09

What is International Law?

Introduction and overview of American Law as it relates to international law.

B:12

 01.28.09

The multi-national corporation in international context: Dr. Jekyl and Mr. Hyde.

FILM TO BE SHOWN IN CLASS

 02.04.09

What d'ya do with a problem like Korea? (Sung to the Sound of Music tune)

Introduction to international law and the origin of sovereign state recognition.

B:17, 1.

 02.13.09

Structural Issues in International Law; BI-NGO; Non-recognition of states and actors

B:2

 02.18.09

Who has the power and where? Issues of Jurisdiction

B:3; BE:16, 17.

 02.25.09

Ahoy there. Beam me up Kofi Anan. 20,000 leagues under the L5 zones.

B:4, 5; BE: 11

 

 

 

PART II - Specific Issues that Rock our World

03.04.09

To hug a Banyon Tree.

B:6; BE:12.

03.11.09

Why the U.N. just can't kick butt. Immunities and acts of state doctrine - nationality and allegiance. Is Exxon a citizen?

 

 

B:7,8.

03.18.09

MIDTERM BREAK - NO CLASS

 

03.25.09

MIDTERM EXAMINATION

 

 04.01.09

Why did Dick Cheney oppose the release of Nelson Mandela? The growth of state accountability for human rights violations.

B:9; See Mandela Speaks; - Papers Assigned.;

04.08.09

Continued

K: Read All

04.15.09

Continued

 

04.22.09

European Union and other legal considerations

 

04.29.09

Continued

 

05.03.09

Open // Presentations?

05.10.09

FINAL EXAMINATION - Example of an old exam.

 

(1) Make up exams will only be considered in the event of kidnapping, terrorist acts, national emergency, or death (yours)