| Unit name | International Law and Power |
|---|---|
| Unit code | LAWDM0078 |
| Credit points | 30 |
| Level of study | M/7 |
| Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
| Unit director | Emeritus Professor. Achilles Skordas |
| Open unit status | Not open |
| Pre-requisites |
None |
| Co-requisites |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
The unit explores the relationship of international law and power in the era of globalisation. Power is conceptualised in terms of the influence state and non-state actors exercise on the interpretation, application and evolution of international law. The unit seeks to present interpretive approaches appropriate to the complexities of contemporary global society. Among others, the unit will study and discuss the following areas of subjects: impact of great powers and their domestic societies on the emergence and progressive development of international law; relationship of international law and politics; role and function of the epistemic community of international law; terminological distinction between "global society" and "international community as a whole"; incremental transformation of international law as law of interstate relations into law of global society; theory of sources; use of force; socio-legal dimensions of the concepts of hegemony, periphery, and "states of concern"; fragmentation of international law; impact of US law and policy on various areas of international law. Students taking this unit are expected to have studied international law previously.
Aims:
1. To discuss various methodological approaches to the interpretation of international law
2. To understand and critically discuss the role of power in the evolution and interpretation of international law
3. To understand the limits of the jurisprudence of the ICJ
4. To critically discuss the direct and indirect impact of civil society actors in the interpretation and conceptualization of international law
5. To discuss the implications of formalism, constitutionalism and critical schools of thought in international law scholarship
6. To discuss the meaning of equality of states, hegemony and class in international law.
By the end of this unit, students are expected to be able to:
1. demonstrate a sound understanding of the linkage between international law and power
2. demonstrate a sound understanding of the impact of globalization on the structure and integrity of international law
3. show a good understanding of the discussion on fragmentation, legal pluralism and constitutionalism in international law
4. show an understanding of alternative legal policies underpinning the interpretation of international law
5. make a reasoned critique of the case-law of international adjudication organs, taking into consideration the dissenting and separate opinions, and propose alternative interpretations of international law.
6. show a clear understanding of the difference between political and legal reasoning.
Two-hour seminars (ten)
One formative essay
A 3-hour written exam
1. Wilhelm Grewe, The Epochs of International Law (Walter de Gruyter, Berlin, 2000)
2. Martti Koskenniemi, The Gentle Civiliser of Nations the Rise and Fall of International Law 1870-1960 (CUP, 2002)
3. Philip Allott, The Health of Nations Society and Law Beyond the State (CUP, 2002)
4. Michael Byers/Georg Nolte (eds.), United States Hegemony and the Foundations of International Law (CUP, 2003)
5. Gerry Simpson, Great Powers and Outlaw States Unequal Sovereigns in the International Legal Order (CUP, 2004)
