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This course explores what human rights are and the different explanations of where rights come from. How human rights have changed and become imbedded in international law since World War II is explored. An understanding of the political advantage governments seek through violating human rights is sought and the economic and social consequences of repression, examined. Whether previous cycles of repression - like slavery, for example - make countries more likely to use violence today, are considered. Real-world examples are used to test and illustrate the arguments made in the literature - the conflicts in Syria and Iraq, and the former conflicts in Sri Lanka and the United Kingdom and Northern Ireland are a few examples.
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This course provides a study of the principal characteristics of present-day international society and the effects of its structure and inner tensions in the creation and application of public international law. It critically examines the foundations of the international legal system, as well as the interactions between the international and national regulatory spheres and the legal consequences of including public international law in the Spanish legal system.
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COURSE DETAIL
This course addresses the transformation of world order which underlines a return to great power competition. It examines how the inertia of international structures is met with a deregulation of competition, inside and outside of the boundaries of international law. The course investigates the global struggle between peer and near-peer competitors expressed at the world level and its impacts on regional and local stability. It addresses the growing phenomenon of assertive emerging powers encountering self-questioning Europe and the United States and the return of political rivalry and military frictions. The course analyzes its historicity, comprehends its current trends, and projects its prospects through an inter-disciplinary approach.
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COURSE DETAIL
COURSE DETAIL
This is a graduate level course that is part of the Laurea Magistrale program. The course is intended for advanced level students only. Enrollment is by consent of the instructor. The course examines the theoretical and practical aspects of international criminal justice. Subsequently, the course proceeds to examine the concept of international crimes and the fundamental distinction between retributive and restorative justice models. Thereafter, the course focuses on the different and numerous mechanisms of international criminal justice.
The first part of the course is devoted to an examination of the fundamental tenets and historical development of international criminal law and justice. In particular, the course examines the experience of the Nuremberg Tribunals, as well as the development of further mechanisms and institutions, both at a national and international level, including the International Criminal Court (ICC). The latter represents a significant case study, which offers a convenient vantage point from which to discern the characteristic traits of international crimes (large-scale violence accompanied by the requisite of “gravity”) along with the related obstacles to effective prosecution. After an overview of the trigger mechanisms of the Court, the course examines some relevant features of the Court (e.g., the Court’s composition, the criteria for the appointment of judges) as well as some of the most controversial judicial decisions, which have prompted debate about the challenges of a potentially universal jurisdiction. These decisions include, for example, those in the situations of Libya, Burundi, Comoros Islands (incident of “Freedom Flotilla for Gaza”), Myanmar, Sudan and Afghanistan.
Particular emphasis is placed on other mechanisms of a retributive nature that have been established to prosecute international crimes. These include the experience of the ad hoc Tribunals for the former Yugoslavia and Rwanda, but above all the mixed (or hybrid) tribunals, which have emerged as a manifestation of an alternative paradigm of international justice. This paradigm involves, in various forms, national players in the efforts to deliver justice (e.g. judges, lawyers, victims, activists). It is noteworthy that the Extraordinary Chambers in the Courts of Cambodia were established to try the former leaders of the Khmer Rouge, while the Kosovo Specialist Chambers and Prosecutor’s Office, and the Extraordinary African Chambers in Senegal were created to try former Chadian ruler Hissène Habré.
The second part of the course examines some of the most intriguing and pioneering experiences that are anchored in the tenets of restorative justice, including the various Truth and Reconciliation Commissions. In this regard, the course analyses the Latin American experience, with particular reference to the cases of Colombia, Argentina and Peru. The South African Truth and Reconciliation Commission will be treated as a case study of particular relevance.
The last part of the course is devoted to an examination of the most notable rulings handed down by regional human rights courts (notably, the European and Inter-American Courts of Human Rights) and national courts (from Latin America, Spain, Germany, Italy and France) on international crimes. The objective is to identify and examine the salient issues pertaining to international criminal justice at both the national and international levels. In particular, the course focuses on the challenging task of balancing the pursuit of substantive justice with the maintenance of strict and formal legality, and the competing demands of peace and justice.
At the end of the course students will have learned: the foundational principles of international criminal law and justice; the historical evolution of international criminal justice and its current mechanisms; how to critically analyze the different responses to international crimes. Students are expected to acquire the necessary skills to identify the political and juridical main concerns of the selected different contexts and mechanisms - whether at the national or international level, retributive or restorative.
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Game theory may be defined as the use of formal models in the study of strategic interaction. This course offers an introduction to game theory and its potential applications to the study of war. Game theory suggests at least three main sources of war. First, war may result from asymmetric information. Because countries may have incentives to misrepresent their military strength, they may be unable to settle a dispute peacefully. Second, commitment problems might result in war. If two countries want to settle a dispute peacefully but suspects that the other side is unlikely to abide with the terms of that settlement, they may resort to warfare. Finally, war could result when the main source of the dispute involves an indivisible good, so that a compromise is difficult or even impossible. The course places particular emphasis on explaining puzzles related to war in general and World War I in particular. Specifically, the course provides a primer in core issues concerning war, including (but not limited to): information problems; commitment problems; indivisibilities; arms races; coalition building; war termination; and differences between international and civil wars. The course recommends students have completed a course in international politics as a prerequisite.
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This course offers an in-depth study of the international politics of East Asia. Topics include: the role of China, Japan, and the US in shaping the East Asian region we know today; the impact of China's rise on the region; regionalism; intra-regional security-- North Korea's nuclear diplomacy and the South China Sea.
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Pagination
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