622070 The Law and Practice of the United Nations (2 credits)

Lecturer: Ms. Alexandra Ivanovic

Course Description

This course provides students with an introduction to the development of the United Nations as shown by interpretations of the UN Charter in practice. It addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. The course will first examine the role, legitimacy and effectiveness of the United Nations through a review of case studies on peace and security issues, ‘hard cases’, in the UN Security Council and the ‘hard choices’ made in cases covering the development and human rights fields – these illustrate both the normative power of the United Nations and the challenges it faces in designing and implementing norms effectively. The course them examines the ‘capacity’ of the United Nations – its nature, status and legal powers. The course then explores how the United Nations has exercised its various powers in ‘practice’ in the areas of peace and security, sustainable development, and human rights. The final part of the course concludes with an analysis of responsibility and accountability of the UN and its agents, as well as current reform efforts.

The required text for this course is Chesterman, Johnstone, Malone, Law and Practice of the United Nations, 2nd ed. (Oxford University Press, 2016) – two copies are available in the Library and the text is also available for purchase online. (PLEASE NOTE: STUDENTS WILL BE WORKING FROM THE 2016 2ND EDITION NOT THE 2008 1ST EDITION). The edition contains author commentary, as well as primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organisations. The accompanying commentary describes how the primary documents illustrate a set of legal, institutional, and political issues relevant to the conduct of international affairs and to the development of public international law through the United Nations. Guiding questions in selected chapters are intended to generate discussion and inspire reactions. There are also hypothetical fact scenarios included in the text which shall be used throughout the course to test understanding of the concepts covered in specific areas.

Course Objectives and Learning Goals

This course will provide students with an understanding of the development of the United Nations through interpretations of the UN Charter and case studies of implementation in practice. By examining primary materials focused on the normative context within which the United Nations functions, students will develop an understanding of the interaction between law and practice. This is essential to a proper understanding of the UN Organization, but also to the possibilities and limitations of multilateral institutions more generally. A background in law is NOT required for students to undertake this course. Graduate students lacking prior legal study are still able to learn to master and interpret primary material, and gain an understanding of the reasoning or ideas considered in negotiations and diplomacy. The course focuses on not only ‘international law’ but how this intersects with international relations and politics, as well as the challenges of public administration and policy development in the sphere of international organisations. By the end of the course, students should be able to not only understand the development of the United Nations and how the UN Charter is applied both in law and practice, but also for students to develop the ability to read the primary materials critically, parsing not only the meaning of the materials but also gaining insight into the politics behind such documents.

In this course, students will also be asked to develop their writing and presentation skills in addition to their research and interpretation of primary materials skills. Assignments throughout the semester will help students craft their writing, research and analytical abilities through a series of ‘reaction papers’, while short presentations of these papers requires students to succinctly convey their answers to guided questions selected for respective papers.