LAWPUBL 758 : Special Topic: Uncensored History of International Law
Law
2020 Semester One (1203) (30 POINTS)
Course Overview
The main objective of this course is to introduce students to the significance of a historical understanding of international law, but to be deeply aware of the complexities that surround any such exercise. At the same time, key elements of what constitutes this ‘history’ will come into play (most typically, the Treaty of Tordesillas, but, more untypically, elements of the ‘visual culture’ of international law (in the form of Holbein’s The Ambassadors)). We shall try to understand why international legal history has been undervalued within the formal discourse, and why it is important to turn to the insights of international law from other disciplines (e.g. Patricia Seed’s Ceremonies of Possession).
This course will focus on the history—or, more properly, the histories—of international law. It will investigate, firstly, the reason for the turn to understanding the history of international law (Martti Koskenniemi, The Gentle Civilizer of Nations; the Journal of the History of International Law), and, secondly, the methodological approaches available for any such project (e.g. interdisciplinary insights; feminist critiques of international legal study; the sense of a ‘visual culture’ of international law and legal practice). As part of its ambition, the notion of ‘censorship’ will feature prominently in the project design, either in its pure form (such as the 1956 Protocol of Sevres; President Woodrow Wilson’s ‘open treaties’ idea) or by virtue of its indirect meaning and impact (e.g. how technical expertise and the notion of ‘crisis’ have undermined the commitment to the study of history of the discipline). Applying these techniques, we shall consider a range of different topics including the role of religion in the formation of international legal narrative (e.g. the 1494 Treaty of Tordesillas), the idea of slavery and ‘human rights’, the methods of colonization and decolonization, the rhetoric of institutional virtue and self-determination and the methodological options open for engagement with history (e.g. the 2000 Tokyo Women’s International War Crimes Tribunal).
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Critically appreciate the modern importance of ‘history’ for international law. (Capability 1.1, 1.2, 2.2 and 6.2)
- Understand the key events of international legal history, including how to connect these events to other events that are not typically understood as ‘key’ events. (Capability 2.1, 2.2 and 3.1)
- Consider the different methodological possibilities for an ‘uncensored’ history of the discipline. (Capability 3.1, 3.3 and 6.2)
- Engage the particular politics—both of the public space and of individual identity—associated with the historicization of international law (Capability 2.1, 2.2 and 2.3)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Class participation | 10% | Individual Coursework |
| Research 0utline | 10% | Individual Coursework |
| Research essay | 80% | Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |||||||
| Class participation | ||||||||||
| Research 0utline | ||||||||||
| Research essay | ||||||||||
- 10% class participation
- 10% outline for research essay (approximately 500 words) due by 12 noon on Thursday 7th May 2020
- 80% research essay (12,000 words) due by 12 noon on Thursday 9th July 2020
- The depth and thoroughness of understanding of the reading materials and guided questions
- The ability to draw worthwhile conclusions in the class discussion
- Thoughtfulness of contributions
- Effective oral presentation of their research question
- General engagement in class and respect for fellow students
Learning Resources
Workload Expectations
There will be 36 contact hours in this course. As a postgraduate course, there is an expectation that you prepare well for each class. The nature of the substantive assessment involving independent research also requires a significant amount of work outside of class. As a general guide, you should expect a workload of six hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 300 hours.
Digital Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.