Government S-1740

1. Government S-1740 INTERNATIONAL LAW Summer 2008 Professor Beth Simmons bsimmons@wcfia.harvard.edu Office: 1737 Cambridge Street, CGIS-N212 .

2. OUTLINE • What is International Law? • What This Course Is (and Is Not) About • Topics on the Syllabus • Goals of the Course • Requirements of the Course • Readings • Teaching Assistants

3. Definition of International Law A body of principles, customs, and rules recognized as effectively binding obligations by sovereign states in their mutual relations.

4. “Law is politics” - Louis Henkin Major Questions • Why make international agreements? • Why do agreements take the form they do? • How and when do legal agreements affect governments’ and others’ behavior? • Does the U.S. have a real interest in IL? • How universally accepted is IL? • How has IL shaped international politics?

5. What this course IS about… • Public international law • Relationship between international law & international politics

6. What this course IS NOT about… • Private international law

7. LAW SCHOOL

8. SYLLABUS • Part I: Why International Law? • Part II: Structures and Mechanics • Part III: The Substance of International Legal Regulation • Part IV: Towards Conclusions – International Law and International Politics

9. Control of Nuclear Weapons

10. The pre-emptive use of force

11. Holding individuals accountable

12. The right to self-determi-nation

13. The problem of enforcing human rights

14. Law and politics of intellectual property rights

15. Explaining the proliferation and form of trade agreements

16. Goals: be able to… • Identify and understand key international law concepts and agreements • Articulate contending arguments present in state conflicts • Understand theories that shed light on the causes and consequences of international agreements. • Apply knowledge of the above to new situations

17. REQUIREMENTS • Discussion participation – 20% • 3 quizzes, 10% each • Final, August 14, 50%

18. Text:Slomanson, Fundamental Perspectives on International Law, 5th edition

19. Supplementary reading:Simmons and Steinberg (eds.), International Law and international Relations

20. Additional Readings and Resources • Course website: http://courses.fas.harvard.edu/sum/31918 • Required readings (online via course website) • Section readings • A few additional readings

21. Teaching Assistants: • Iain Osgood osgood2@fas.harvard.edu • Prithviraj Datta pdatta@fas.harvard.edu • Richard Nielsen nielsen.rich@gmail.com

22. Sections

23. 5 minute break

24. OUTLINE: International Law and International Relations • The role of theory • Realism • Modern Realism’s precursors • Realist Assumptions • Critique of international law • Rational functionalism • Realist roots • Explaining the demand for international law • Constructivism • Critique of realism and rationalism • The nature of politics • Key concept: legitimacy • Conclusions

25. The Role of Theory Legal Theory and Jurisprudence International Relations Theory

26. Modern Realism’s Precursors Nicolo Machiavelli, 1469-1527 Thomas Hobbes, 1588-1679 Thucydides Circa 400 BC

27. Modern Realist assumptions • Objective, rational science of politics is possible • Anarchic nature of the international system • Main concept of politics: interest defined as power. • Agents: unitary, rational, self-regarding (“egoistic”) states • Autonomy of political reasoning

28. Realist Critique of International Law • Law is not central to the “structure” that determines international outcomes • Law does not effectively govern international political behavior • International law is too decentralized to be effective • Legislatively • Judicially • Enforcement

29. Rational Functionalism • Puzzle: we observe things that don’t make sense if the realists are correct • Must be a rational explanation for international cooperation, institutions, and law • Assumptions shared with realists: • State actors are unified, rational, and self-interested • International system is anarchic

30. Explaining the demand for international law • The microeconomic analogy of the firm • States recognize the gains from cooperation • The problem of “market failure” • The function of international law • Clarifies contending claims • Improves information • Reduces transactions costs …making it possible to realize mutual gains

31. The Constructivist Critique • Unanswered puzzles • Too narrow a view of politics. Politics are: • Idiographic • Purposive • Ethical • Instrumental

32. Constructivism • The social nature of politics • The role of law Discourse, persuasion Socialization, identity Law Interests

33. Constructivism • Key concept: legitimacy • A key political resource • The answer to the puzzle of obligation

34. Conclusions: • Focus here is on international relations theory, not legal theory. • Purpose of IR theory is to systematize thinking about actors, constraints, and outcomes. • Realism emphasizes the central role of interests understood largely (though not exclusively) as material power. • Rational functionalism shares many of realisms assumptions, but focuses on the possibility of joint gains as a motive for cooperation • Constructivists critique both as impoverished. They emphasize the social nature of politics, legal discourse, identity and the influence of these on interests.