Professor Larry D. Johnson:  November 2019

Basic course book:  Excerpts from The Law and Practice of the United Nations:  Documents and Commentary, Second Edition, by Simon Chesterman, Ian Johnstone and David M. Malone (Oxford Univ. Press, 2016).  

Please note that additional materials or readings may be assigned or made available during the lectures.  Students are expected to read the assigned pages and come to class prepared to answer questions set out in the relevant readings from the course book. 

Method of evaluation:  50% Written Exam+25% Class Participation + 25% Student Presentation

Subjects to be discussed and reading assignments from the course book:

12 November.  Relevance of the Charter and background to its drafting:  Is it like a national constitution?  Who was behind its drafting and what was the conceptual basis for the Organization?  Is the “veto” a good thing?  Is it in accordance with the international law principle of the sovereign equality of States?  Should it be eliminated/adjusted/left alone?  Assignment:  Introduction (pp. xxxi-xlv);  Chapter 1 (“The UN Charter”), pp. 3-31;  and Appendix A (“Charter of the United Nations”), pp. 689-699.

14 November.  Membership in the Organization:  Admission to membership, suspension of rights of membership.  What happens to membership when countries break up or when parts separate from a Member?  What happens when credentials of representatives of a Member are challenged or not approved?  What rights should observer States have?  Assignment:  Chapter 6 (“Membership”), pp.  195-232.

19 November.  Legal status, personality and privileges and immunities:  Who is entitled to interpret the Charter?  Do organs of the UN “make law”?  What kind of privileges and immunities are appropriate?  Assignment:  Chapter 4 (“Legal status”), pp. 113-162 and pp. 557-574 of Chapter 15 (“Immunity and Responsibility:  Privileges and Immunities”).

21 November.  Hard cases concerning the maintenance of international peace and security;  Sanctions:  Iraq I and II, Kosovo, Libya, Syria and Ukraine.  Are the “Caroline” incident criteria still relevant?  Do you agree with the UK modern concept of self-defence?  Was the UK/US legal justification for the 2003 intervention in Iraq persuasive?  Do sanctions work?  What are the dangers if the UN adopts “smart sanctions”?  Assignment:  Chapter 2 (“Hard Cases”), pp. 33-67;  and Chapter 10 (“Sanctions”), pp. 369-397.

25 November.  Peace operations:  Can the pillars of traditional peacekeeping be maintained if “robust” peacekeeping is undertaken?   What happens if peacekeepers become parties to an armed conflict?  Should they take sides in a conflict in certain circumstances?  How do peacekeepers deal with non-State actors?  Assignment:  Chapter 9 (Peace Operations), pp. 317-366.

26 November.  Accountability in Practice: Rwanda, Srebrenica and sexual exploitation by peacekeepers;  Reform:  Who should be held accountable for the failures in Rwanda and Srebrenica?  How can UN peacekeepers be held accountable for criminal behaviour when posted abroad?  What ideas for reform are worthy and possible?  Assignment:  Chapter 16 (“Accountability in Practice:  Rwanda, Srebrenica and Sexual Exploitation by UN Peacekeepers”), pp. 599-609 and 611-618;  pg. 22 statement by US Ambassador to the UN;  pp. 340-341 on Rwanda genocide;  and pp. 650-657 on veto procedures reform and interdependence of threats .  

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