International Law and the Settlement of Disputes

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.

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”).

DIL-6077.-Transitional Justice and International Criminal Law.

3Credits

This course will focus on transitional justice and its components. Students will learn the fundamental concepts and will gain the tools to analyze them from a critical perspective. They will understand the differences between prosecution initiatives at the domestic level and the international arena and will assess the value of truth and reconciliation commissions for societies recovering from conflict.

DIL-6136-International Economic Law and the Settlement of Disputes

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. Particular attention will be paid to debates that have emerged in the field of international economic law in the context of the COVID-19 pandemic. 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 current initiatives for making trade law work for development, as well as the legal controversies arising in this field including in the COVID-19 context. Students will also explore other important areas of international economic law today such as investment, finance, and intellectual property rights.

DIL-6120- International and Transnational Adjudication

3Credits

This course offers an in-depth study of whether and how international courts and tribunals contribute to peace. More broadly, it will provide students with an understanding of the role as well as the limitations and potential of international adjudicatory bodies in international law and international relations.

The course will look at how international adjudication was first developed and later expanded from emergence during the 19^th century. It will analyze the historical and political context, particularly after the first and second World Wars, and we shall consider its role and challenges in the current global governance system.

The main focus will be on permanent multilateral courts. We will examine at depth the International Court of Justice – as the prime example of a ‘world court’, as well as topic specific courts including the International Tribunal of the Law of the Sea, the World Trade Organization dispute settlement mechanism and the International Criminal Court. We will also look into the role of regional courts, particularly human rights courts in Africa, America and Europe, as well as some of the courts established under regional economic cooperation agreements.

DIL-6134-Alternative Dispute Resolution in International Law

3Credits

TBD.

DIL-6081-Maritime & Territorial Dispute Settlement

3Credits

The geographical integrity of sovereign states is at the core of the contemporary notion of statehood itself. Therefore, when it comes to the specific delimitation of national territories, or the management of specific trans-boundary situations, there are a wealth of large and small maritime and territorial disputes. This course provides an historical overview of how international law has established the boundaries and limits of state jurisdiction, and the ways in which the international community has responded to territorial and maritime disputes around the globe. Close attention shall be given to the key players in this history, the International Court of Justice (ICJ) and the International Tribunal of the Law of the Sea (ITLOS) and arbitral tribunals established under Annex VII of the United Nations Convention on the Law of the Sea.

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

1Credits

The UPEACE Model United Nations Conference (UPMUNC) is the second part of a composite three credit course that begins with the two-credit introductory course on the United Nations System, taught in the first semester. Through a simulation of UN bodies, committees, procedures, and codes of conduct, this immersive and experiential educational exercise encourages the application of knowledge gained in previous courses, including an understanding of the objectives and functions of the United Nations system, as well as the development of professional skills related to research, public speaking, negotiation, mediation of conflict, and the preparation of official documents.   

Historically, the conference has been open to outside participants from colleges and universities both regionally and internationally, presenting additional possibilities for networking, dialogue, and educational exchange among all participants. UPMUNC is further enriched by special events, which typically include a panel of invited speakers, a diplomatic reception, an awards ceremony, and a closing celebration.    

DIL-6135-International Environmental Law and Dispute Settlement

3Credits

TBD.

UPE 6075 -Introduction to Humanitarian Work

2Credits

This course is intended to further students’ understanding of how humanitarian action works, particularly in areas affected by violent conflict or crises. The course will explore the history of the humanitarian system, its driving principles, and frameworks, and address themes of personal security and risk assessment, humanitarian response, crisis management, sensitive information gathering and fact-checking, and working with vulnerable populations. It also critically discusses the main challenges, trends, and agendas in the humanitarian sector today, including problems of mental health and wellbeing, processes of inclusion and participation, and future agendas like the localisation and decolonisation of humanitarian action.