International Law and Security

LAWS70451 International Law and Security 30 Semester 1 Postgraduate Taught Level 7 Jack Kenny Unit coordinator Law 1 FHEQ level (Framework for Higher Education Qualifications) ' Masters/Integrated Masters P4 ' European Credit Transfer & Accumulation System Rating : 15.0 This course is designed to provide students with a knowledge and understanding of key aspects of international law and security. In this course, we will explore the history and doctrine of international institutions, and the role of the collective security system. We will delve into the core of the United Nations (UN) and examine the functions of international organisations. In particular, we will dig into the cornerstone role of the UN in the peace and security realm. In this part of the course, we will study the law concerning the use of force and the right of self-defence, and explore their evolving interpretation, including in the counter-terrorism context. The counter-terrorism context will be the object of further examination, as we will observe the increasingly important role played by other international organisations and actors in governing transnational security. Threats to the environment is another area of the peace and security landscape where this phenomenon of multiplication of actors in shaping the law has emerged. We will thus explore the nexus between environmental risks and security threats and examine the role of NGOs in contemporary international law-making processes concerning environmental destruction.  This course is designed to provide students with a knowledge and understanding of key aspects of international law and security. In this course, we will explore the history and doctrine of international institutions, and the role of the collective security system. We will delve into the core of the United Nations (UN) and examine the functions of international organisations. In particular, we will dig into the cornerstone role of the UN in the peace and security realm. In this part of the course, we will study the law concerning the use of force and the right of self-defence, and explore their evolving interpretation, including in the counter-terrorism context. The counter-terrorism context will be the object of further examination, as we will observe the increasingly important role played by other international organisations and actors in governing transnational security. Threats to the environment is another area of the peace and security landscape where this phenomenon of multiplication of actors in shaping the law has emerged. We will thus explore the nexus between environmental risks and security threats and examine the role of NGOs in contemporary international law-making processes concerning environmental destruction.   The unit aims to: - Introduce students to the core concerns regarding international institutions - Examine and evaluate the doctrine of collective security and assess claims  regarding the extent of the right of self-defence, particularly in relation to non-State actors- Introduce students to the main doctrines regarding the nature and basis of  organisations’ powers and the interpretation of their constitutive instruments- Consider how international institutional law in the peace and security realm evolves with the emergence of non-state transnational threats (from transnational terrorist threats to threats posed to the environment)- Identify, examine and determine the best ways to deal with transnational threats, including to develop regulatory and legal frameworks in a hyper-connected world    Students are able to:  • Identify and creatively apply the techniques of argumentation before international and regional institutions   • Enumerate, critically analyse, apply and navigate the rules and procedures along which controversies are discussed and settled in international institutions   • Train students to work both independently and collaboratively in order to articulate oral and written arguments both independently and in groups – including anticipating counterarguments of other groups  • Identify and navigate the functions performed by public international law in the development of relations between the various actors of the international legal order   • Discuss legal issues critically and use analytical techniques to address specific legal problems in various settings and fora composing the international legal order  <ul><li>Identify, clarify and examine the general principles governing international institutions</li><li>Illustrate the different organs of the United Nations and institutions beyond the United Nations in charge of the collective security system</li><li>Distinguish and analyse the general principles governing the use of force in international law</li><li>Formulate the contemporary challenges to the collective security system   </li></ul> <ul><li>Critically analyse contemporary controversies related to the use of force in the international legal order</li><li>Appraise the questions related to the practice of self-defence in international law, with reference to contemporary examples</li><li>Critically evaluate legal questions arising in connection with security practices in general, and the use of force in particular, and the functioning of international organisations</li></ul>  <ul><li>Discuss from various viewpoints the legal questions arising in an international dispute in connection with statehood and non-state actors</li><li>Navigate the main conventions and the case-law of the relevant international courts and tribunals in relation to security practices</li><li>Evaluate the practice and theory of traditional and new international institutions participating in the collective security system </li></ul> <ul><li>Develop arguments and counterarguments</li><li>Propose complex legal ideas in writing</li></ul> A comprehensive prescribed and recommended readings will be included in the course syllabus that will be distributed at the start of the course.  Workshop 1: History of International Organisations   Workshop 2: Introduction to the use of force  Workshop 3: The right of Self-defence  Workshop 4: The collective security system  Workshop 5: The Responsibility to protect and humanitarian intervention  Workshop 6: The criminalisation of aggression  Workshop 7: Contemporary case studies of the use of force  Workshop 8: Cybersecurity and jus ad bellum  Workshop 9: Cybersecurity and jus in bello  Workshop 10: Cybersecurity and state responsibility        BEFORE THE SESSION  - In addition to reading materials, all sessions are accompanied by background material—usually videos—which are recommended but not compulsory and which are meant to give you background information and to introduce issues rather than be the focus of study.   - Students read and go through the materials as indicated, but wider independent reading is encouraged.  - Students summarize their thoughts and impressions about the readings on the blog discussion platform of the course. Every student is expected to make one weekly contribution to the blog discussion prior to the class. These blogs do not have to be longer than two short paragraphs. Failure to do so may jeopardize their performance in the summative assessment. However, it is important to note that students are not awarded marks for this participation, as doing so many raise obstacles to inclusivity for students with a disability preventing them from participating in this activity, in alignment with the Assessment and Participation Policy. - Students are encouraged to collaborate on asynchronous tasks through, for example, collaborating on active reading.   - Tasks have been designed to ensure that students are adequately supported in the summative assessment.  DURING THE SESSION  The course is taught through workshops. For each session, students are requested to be familiar with current practice, recent development as well as the basic applicable law. The course involves class discussions on the relevant policies, rules and practices.  The course may include one off the following e-learning tools: discussion boards, reflective practice, self-recording of videos, evaluation of wiki-entries, short essays, with formative feedback.    1 Written exam 100% Written feedback after completion and submission of the exam N Catherine Brolmann, The institutional veil in public international law (Hart Publishing 2007) Chapter 4, 65-94Christine Gray, The Use of Force and the International Legal Order in Malcolm Evans, International Law (Oxford UP: Oxford: 2018, 5th edn) 601 (Chapter 20)  Christian Tams, ‘The Use of Force against Terrorists’, (2009) 20(2), The European Journal of International Law 359 – 397, http://www.ejil.org/pdfs/20/2/1793.pdfRebecca Mignot-Mahdavi, “Drone Programs, the Individualization of War and the Ad Bellum Principle of Proportionality”, in Claus Kress & Robert Lawless (eds.), Necessity and Proportionality in International Peace and Security Law (Oxford University Press, 2020), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3504779  Florian Titze, “The nature-security nexus and the UN Security Council”, Blog ICRC (you have the possibility to listen to this blog), October 14, 2021  Hitoshi Nasu, ‘The expanded conception of security and international law: Challenges to the un collective security system’, (2011) Amsterdam Law Forum, 3(3), 15-33, https://heinonline.org/HOL/Page?handle=hein.journals/amslawf3&collection=journals&id=403&startid=&endid=421     Assessment written exam 1.5 0 260