International Law and Diplomacy (Hybrid)

UPM 6001-UPEACE Foundation Course

3Credits

The UPEACE Foundation Course provides a critical and concise introduction to the broad field of “Peace Studies” for students in all UPEACE programmes. It initially addresses key conceptual and theoretical underpinnings of the origins and development of peace studies as an interdisciplinary area within the fields of international relations and political economy, as well as a basic understanding of conflict analysis. Based on a critical analysis of policies, strategies, policies, institutions, organizations, and movements, the course then examines a range of core issues, dimensions, perspectives, and paradigms for understanding the root causes of conflicts and violence and constructive strategies to address them and build peace in contemporary global, international, regional, national and local contexts, including conflict management, conflict resolution, and conflict transformation; alternative discourse analysis; militarization and disarmament; human rights violations and promotion; gender inequalities, gender-based violence and gender mainstreaming; structural violence, human security, development and globalization; environmental sustainability; corporate social responsibility; cultural and religious identities; media’s role in conflict and peacebuilding; strategies of nonviolence; and peace education. This Foundations course will be essential in catalyzing the awareness, understanding, and motivation of UPEACE students from diverse academic programmes to relate, ground, or intersect their specific areas of academic and practitioner interest with core theoretical, conceptual, and analytical ideas in peace studies.

DIL-6100-Public International Law (3 credits)

3Credits

Contemporary international life has become unthinkable without the existence of public international law. Increasingly, international relations have become juridified, while more and more actors (international organizations, individuals, groups, NGOs, and corporations) participate in norm creation, implementation, and enforcement. And, as humanity faces unprecedented challenges, the call for more cooperation and regulation is undiminished. This course offers a comprehensive overview of the topic of public international law. It provides students with a broad introduction that will focus on laying a firm foundation of knowledge about the most important doctrines and topics in this field. It will provide students with a solid grasp of the vocabulary of international law (sources, jurisdiction, responsibility, enforcement, etc.), as well as a sense of the context in which international law originates and operates and an understanding of the legal and political institutions that play a role in international law and dispute settlement. Students will also be introduced to the methods prevalent in international legal argumentation as well as the methodology for researching international law. Finally, the course will analyze a broad range of contemporary issues that are dealt with using international legal tools, such as peace and security, the use of force, human rights, humanitarian law, diplomatic and consular protection, migration, and climate change, amongst others.

UPM 6003-The United Nations System and UPMUNC (Part I)

2Credits

Ever since its establishment in 1945, the United Nations has performed a pivotal function in a great variety of affairs, large or small, international and national. As such, the UN has played an incisive role in the lives of people around the world. Much of what the UN does is taken for granted and even goes unnoticed by the larger public, to the point that there has been expressed that ‘if the UN did not exist it would have to be invented’.

At the same time, millions around the world look to the UN expecting it to address many of the enormous challenges faced by humankind. These complex dynamics are complemented by the fact that the UN is both reliant on what the member states want, while at the same time, being much more than the sum of its members. This course provides a comprehensive and rigorous introduction into the UN system, including its origins and history, its organizational framework and the functioning of various organs, agencies, bodies and programmes. 

Students will critically examine the most important areas of the UN mission including the key Charter principles, the pillars of international peace and security, economic and social progress, development and human rights as well as a growing list of priorities and initiatives (e.g., gender equality and  mainstreaming; eliminating gender-based violence; environmental protection; climate change; post-2015 development agenda; Global Education First Initiative; action to counter terrorism; R2P, etc.).

In addition, the course offers a close scrutiny at some of the challenges the UN faces and discusses also various proposals for its reform. Students will be encouraged to reflect on how UN priorities and initiatives can be constructively addressed in their respective fields and programmes of peace studies.

DIL-6101-International Human Rights Law (2 credits)

2Credits

Human Rights form one of the most important branches of international law in the contemporary world. The Holocaust and the atrocities of World War II brought about the recognition of human rights as a matter of concern to the international community. Today, all States have assumed obligations under international treaties that guarantee a wide range of rights to human beings, both in times of peace and in conflict. Further obligations for States and other actors emerge from customary human rights law. Under the aegis of the United Nations and regional organizations, several bodies have been established to monitor violations of rights of human beings. Despite these efforts, we continue to live in a world where many face rampant abuse of their human rights. This course provides participants with a solid understanding of the international legal regime for the protection of human rights. The course will cover a broad spectrum of issues in human rights protection, beginning with the foundational instruments and principles in international human rights law and ending with the challenges of moving beyond the framework of predominantly State-centric obligations recognized by this regime. We will explore the core human rights instruments, the enforcement mechanisms established under international law and will also give special attention to the rights of vulnerable persons and groups. In addition, we will pay close attention to debates regarding the theoretical and legal workability of the international human rights system. Are human rights truly ‘universal’? Are some human rights more important than others? How can human rights norms be applied to non-traditional actors, such as corporations and terrorist groups? Do new ‘group rights’ strengthen or undermine human rights? These questions and many more will guide and deepen our understanding of the principles underpinning the human rights regime, and the way that international law works and does not work in the world of human rights protection.

EXPC 6043-Workshop on Negotiation and Mediation Skills

2Credits

All social interactions, from personal relationships to international arena, experience opposing preferences. Hence an introductory course on the theory and practice of negotiation and mediation is essential for understanding topics as diverse as marital disputes, organizational relations, community conflicts, group decision-making and international relations. It will enhance one's ability to critically review situations in order to find and adopt a mutually accepted solution to a given situation. This course is therefore designed to serve as a broad introduction to the nature, scope, theories and practices of negotiation and mediation. The course will examine the complex and yet essential roles of negotiation and mediation as part of the main procedures of dealing with opposing preferences and as models of constructive conflict transformation. The course will set the context with a discussion on the nature, assumptions, emotions and decision-making approaches involved in negotiations, the dynamics revolving around it and the gender perspective to it. It will also examine the various objectives, considerations, essences and processes of mediation.  The course utilizes participatory and interactive pedagogies.

DIL-6105-Universal System for Protection of Human Rights (1 credit)

1Credits

The UN Charter indicates that one of the main purposes of the organization is to encourage respect for human rights and fundamental freedoms. To achieve it, the so called Universal System for Protection of Human Rights was created. The system is complex because it is composed by different bodies and requires the participation of several stakeholders (States, UN Representatives, experts, NGO, individuals, etc.). The purpose of this course is to unfold it to provide students the necessary knowledge to understand it and use it for the promotion and protection of human rights. Throughout the course, we will critically analyze the role of the UN bodies and mechanisms in ensuring States’ accountability for promoting; respecting and fulfilling human rights obligations. We will also scrutinise UN monitoring mechanisms (Treaty bodies and Special Procedures) as well as individual complaints procedures. To do it, we will engage in academic discussions, research activities, and simulations that will provide to its participants a solid understanding of the international legal regime for the monitoring protection system of human rights.

DIL 6131-International Law Related to Armed Conflict I: Jus ad bellum

1Credits

This course will examine the legal framework on jus ad bellum in International Law. The prohibition of the use of force is customary international law. However, of late, the prohibition of the use of force has been subjected to fierce challenges due to expanded interpretations of the exceptions contained in the UN Charter. The course will review and will discuss the definitions and scope of international armed conflict, armed attack, and aggression, among other topics. The scope of the law will be reviewed by the interpretation of the principles of self-defense through the prism of ICJ’s landmark cases, and, by the positions that States themselves have taken. Students will examine UN Security Council authorization of use of force in specific cases. Analysis of the use of force pursuant to invitation, and pre-emptory self-defense, humanitarian intervention, the Responsibility to Protect, as well as the emergence of “unwilling and unable” test will inform a state of fluidity of the use of force in practice. The students will consider the legitimacy of the expanded interpretations of the exceptions contained in the UN Charter in relation to state practice.

The course will further explore the international laws related to the prohibition of the use of force and its two exceptions: self-defense and collective security. The jurisprudence of the International Court of Justice on these aspects will be discussed along with some of the contemporary challenges to traditional interpretations. We will also explore the jus ad bellum elements related to protection of civilians, especially through an analysis of ‘humanitarian intervention’, the R2P doctrine, and the international law related to use of force in peacekeeping operations. Finally, some of the important contemporary issues emerging in this field will be discussed, including an appraisal of jus ad bellum in the contemporary world, testing its conventional nature to consider other actions like the uses technology and artificial intelligence in autonomous weaponry (unmanned combat systems), the new theaters of conflict, including the role of private military and non-state actors.

The objectives of this unit are to understand and gain sound knowledge of the legal principles and rules governing the resort to armed force by States; be able to analyse a complex factual situation, recognise the issues arising, and determine the international legal rights and responsibilities of the parties involved; and gain awareness and understanding of current issues relating to the use of force and United Nations practice in matters affecting international peace and security.

The course looks at the legal principles and rules governing the resort to force by States; operation of the relevant provisions of the United Nations Charter dealing with the use of force, self-defence and collective security; relevant state practice in interpreting the UN Charter; the legal issues arising from the use of force against terrorism; the "US Doctrine" of pre-emptive self-defence and its legality under international law; legality of the use of force to assist rebels, and responsibility to protect. It will also touch upon some borderline cases that would have given rise to self-defence but that were ultimately averted by recourse to other peaceful means.

DIL-6124-International Law Related to Armed Conflict II: Jus in bello (2 credits)

2Credits

Is war amenable to regulation by law and, if it is, to what extent and in what way is it so amenable? 

Governing warfare concerns not only soldiers and lawyers but also practitioners and scholars of international affairs. Is it permissible to make a civilian acting as a human shield the object of an attack? What makes the use of unmanned aerial combat vehicles and lethal autonomous weapons so controversial? Should a long-time occupier be forbidden to repeal local laws even when they stifle the territory’s economic and social development? Is conferring legal standing and ownership upon non-state organised armed groups the solution to their uneven compliance with war rules? Responding intelligently to these and other questions requires familiarising oneself with the manner in which war is to be normatively regulated.

The ten sessions described below introduce participants to the law of armed conflict, also known as jus in bello or international humanitarian law (IHL). With nearly 30 hours of intensive and interactive instruction, students will acquire a solid understanding of how international law facilitates and restrains belligerent conduct and how it ensures the protection and humane treatment of war victims. Throughout this course, we will maintain our focus on the broader historical and normative frameworks within which the law operates (the “why’s”), rather than the details of its technicalities (the “what’s”).

ILDO - 5-International Criminal Law

2Credits

Gross violations of human rights, including war crimes, crimes against humanity and genocide have characterized several contemporary conflicts and authoritarian regimes. In such contexts, questions of impunity and accountability become central to peacebuilding and reconstruction of post-conflict societies. Yet, criminal prosecution of persecutors poses challenges for post-conflict reconciliation, particularly when such reconciliation is contingent upon demands for amnesty. This course takes a holistic view on the debates surrounding linkages between serious crimes and justice. It provides a general introduction to the field of international criminal law. It focuses on the evolution of international crimes under international law and the role of international criminal courts in the prosecution of international crimes. Students will analyze the jurisdictional reach of international criminal courts, their relationship with national jurisdictions (primacy v. complementarity) and the impact of the interests of justice and peace in the exercise of their jurisdiction. Students will also explore the objective and subjective elements of genocide, crimes against humanity and war crimes. Particular attention will be placed on those elements of international crimes that make them distinguishable from ordinary crimes, and on the manner in which criminal responsibility is determined by international criminal courts.

ILDO - 6-Law of Treaties

3Credits

ILDO - 7-International Environmental Law

2Credits

EXPC-6092-Transitional Justice

2Credits

During conflict situations one of the most affected institutions is the judiciary. In many cases, investigations and criminal procedures are not initiated; causing problems derived from the inefficiency of tribunals to deliver justice. When conflicts are over these problems tend to increase. For that reason, peacebuilding efforts need to include aspects related to transitional justice. As its name suggests, transitional justice is a provisional measure that seeks to respond to human right violations, expose truth, prosecute perpetrators, repair victims, and most importantly, restore confidence in legal institutions.  In this course students will explore and analyze different legal approaches to achieve intended goals (criminal prosecutions, truth commissions, reparations) and contribute to peacebuilding efforts in post-conflict situations.

ILDO - 8-International Law and Diplomacy

2Credits

The course will explore how diplomacy is governed and how it has evolved and continuous to evolve in an often-complex environment. The diplomatic practices of states change and shape the world around us. Thus, we intend to examine the international interactions of States, the international politics and the legal order in which diplomatic work is carried out, and how “diplomacy” constitute an essential part of the building and the maintenance of peace in international relations. The course will begin by analyzing the birth and development of international relations and the role of diplomacy, the efforts in building a durable international system anchored in a rules base framework, and the role of international law in cementing such system. The course will examine the interaction between international law and diplomacy, and the crucial system of treaty making, with emphasis on the Vienna Convention on the Law of Treaties. We shall also consider what elements makes diplomacy effective and their usefulness today. The course will further explore the various instruments and principles relating to the diplomatic work, particularly the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. We shall explore the concept of “immunity” and “privileges”, and their relevance, or lack of it, in current times, as well as addressing what entails the daily work of a “diplomat”, both in bilateral and multilateral relations. The course will end with an analysis of the current environment of international relations, its challenges in achieving a durable peace, and the future of the world order.

EXPC 6093-World Politics

3Credits

This course provides historical context and a theoretical foundation for the study of contemporary world politics. Approaching the topic from the perspective of Peace and Conflict Studies, the course begins by conceptualizing issues of globalization, interdependence, sovereignty, history, and international relations, and considers various cultural and ethical debates related to issues of development, order, security, diversity, and peace. Following a focused and critical consideration of the concept of global governance, the course then moves to a discussion of key international and transnational structures, including regional bodies, the United Nations, and other formal institutions, as well as less formal associations, movements, and other examples of global connectivity. The course ends with students applying the theoretical tools they have developed in the course to specific topics in world politics, such as migration and war.

ILDO - -Globalization and Human Rights

3Credits

The 21st century is described as the age of globalization, a phenomenon which is increasingly affecting human beings in every aspect of their lives. While globalization has undoubtedly resulted in significant economic and social integration at the global level, the pace at which it is occurring has also brought with it several unintended consequences for the respect and promotion of human rights at other levels. The principal institutions facilitating this phenomenon such as the International Monetary Fund, the World Bank and the World Trade Organization, have often been accused of keeping human rights issues out of their respective domains. Business Corporations also have been accused of undermining human rights, and at times even being complicit in gross violations. An important feature of globalization is its nexus with development policies in our contemporary world, including the newly adopted Sustainable Development Goals, development aid, regulation of infectious diseases, movement of people etc., often with regressive effects.

The critical challenge facing the present world order, therefore, lies in ensuring that the vehicles of globalization are oriented towards development and promotion of human rights, through appropriate laws and policies. This course will introduce students to the major themes and debates concerning these different linkages between globalization and human rights and explore the new streams of critique that have enabled a confluence as well as a questioning of the globalization-human rights interface.

ILDO - 11-International Economic Law

3Credits

The main objective of this course is to explore the contemporary system of international economic law, its theory, and practice, in the backdrop of ‘sustainable development’ emerging as the central theme influencing all its processes. The course has a clear orientation towards understanding and resolving contemporary disputes, which arise as a result of the increasing specialization of the field of ‘international economic law’ and the accompanying ‘fragmentation’ of public international law. The course will adopt a trans-disciplinary approach that encompasses international law, economics and finance, international relations, development studies, and human rights, in the broad interface between international economic law and development. Students will look closely at the economic and legal principles of the multilateral trade system, the case for liberalization of trade, the exceptions to the principles of liberalization, the judicial dispute settlement of trade disputes, the current initiatives for making trade law work for development, as well as the legal controversies arising in this field. Students will also explore other important areas of international economic law today such as investment, finance, and intellectual property rights.

ILDO - 12-Human Rights Reporting , Monitoring and Evaluation

3Credits

This course introduces students to the methodology and basic techniques of human rights field work used by practitioners, whether working with the United Nations, other inter-governmental organizations, national human rights institutions or non-governmental organisations. Students will gain the necessary skills required in human rights reporting, monitoring, fact-finding and evaluation. Techniques for information gathering, fact-finding, and mainstreaming human rights-based approaches in analyzing and reporting will be introduced. Students will also learn about the strategic uses of reporting in a range of formal and informal settings, including in human rights advocacy, policy making, and monitoring situations. Attention is given to human rights based programming, as well as the tools for monitoring and evaluation of interventions or projects aimed at protecting or promoting human rights. The course is hands-on and will be based on a number of practical exercises.

ILDO - 15-Law of International Organizations

3Credits

ILDO - 16-Rule of Law

3Credits