Registry

Module Specifications

Current Academic Year 2012 - 2013
Please note that this information is subject to change.

Module Title	International Law and the use of Force
Module Code	LG566
School	School of Law & Government
Online Module Resources
Module Co-ordinator	Semester 1: James Gallen Semester 2: James Gallen Autumn: James Gallen
NFQ level	8	Credit Rating	5
Pre-requisite	None
Co-requisite	None
Compatibles	None
Incompatibles	None

Description

The purpose of this module is to examine the way in which the use of force is regulated under international law. The historical, societal and philosophical perspectives of the jus ad bellum will be examined and evaluated. In this module students will investigate the legal framework, contained in the UN Charter and customary law which restricts the way in which states can employ force against each other. Case studies and simulations will be used to illustrate the efficacy of the legal framework. This module provides a platform of knowledge whereby students can evaluate international legislation and state practice in relation to the use of force in various instances, e.g. wars of national liberation, self-defence, response to acts of terrorism etc. Students are expected to attend weekly lectures and undertake case studies and simulation exercises. They are also expected to research and read relevant articles and contribute to class discussion.

Learning Outcomes

1. Locate the legal framework which regulates the use of force by States within the paradigm of public international law
2. Analyse the development of this legal framework, including both customary and international law
3. Apply the legal framework to scenarios and problem questions
4. Debate the effectiveness of the legal framework with reference to international law provisions, State practice and academic commentary
5. Defend and justify his / her opinions in relation to the legal framework in written and oral format

Workload	Full-time hours per semester
*Type*	*Hours*	*Description*
Lecture	24	2 hour lecture. Class discussion. Group work. Simulations. Case studies
Independent learning	101	Ressearch, Reading, Assignment Preparation
Total Workload: 125

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities

Jus ad bellum history and development.
The restraint on the use of force in early societies and the development of the Just War doctrine..

Traditional Appraoches to Jus ad bellum.
The development of the rules of traditional international law on the use of force, e.g. the recognition of rebellion, insurgency and belligerency..

Conventional law.
The Conventional restraint on the use of force pre-1945, e.g. The Covenant of the League of Nations, the Kellogg-Briand etc..

UN framework on use of force.
The prohibition of the use of force in the UN Charter; Article 2(4). The exceptions to Article 2(4) - self-defence (Article 51) and Chapter VII peace-enforcement actions..

Case studies.
How have states used force in circumstances of humanitarian intervention, wars of national liberation etc?.

Assessment Breakdown
Continuous Assessment	100%	Examination Weight	0%

Course Work Breakdown
Type	Description	% of total	Assessment Date
Essay	n/a	50%	n/a
Project	n/a	50%	n/a

Reassessment Requirement
Resit arrangements are explained by the following categories; 1 = A resit is available for all components of the module 2 = No resit is available for 100% continuous assessment module 3 = No resit is available for the continuous assessment component
This module is category 1

Indicative Reading List

Abiew: 1999, The evolution of the doctrine and practice of humanitarian intervention, Kluwer Law International, The Hague, Boston,
Arend & Beck: 1993, International Law and the Use of Force, Routledge, London & new York,
Best: 1994, War and Law since 1945, Clarendon Press, Oxford,
Brownlie: 1963, International Law and the Use of Force by States, Clarendon Press, Oxford,
Cassese: 1986, The Current legal regulation of the use of force, Martinus Nijhoff Publishers, Dordecht, The Netherlands, Boston,
Brownlie: 2009, Principles of Public International Law, 7th, OUP, Oxford,
Claude: 1984, Swords into Ploughshares, 4th, McGraw-Hill Inc., New York,
Dinstein: 2005, War, Aggression and Self-Defence, 4th, CUP, Cambridge,
Findlay: 2002, The use of force in UN peace operations, OUP, Oxford, New York,
Franck: 2002, Recourse to Force, CUP, Cambridge,
Gray: 2008, International Law and the use of force, 3rd, OUP, Oxford,
Walzer: 2000, Just and Unjust Wars, 3rd, Basic Books, New York,