Fundamental Theory of International Law
Faculty
Description
We will examine impacts of ongoing globalization on international law from perspectives of theory and practice. It has been one of challenging questions in positivist international law since the 19th century how to characterize a private person’s position and role in international law as interstate law. It has been discussed in various contexts including the subjecthood of of private persons under international law, individuals claims being buried in national calms in the right of diplomatic protection, and direct applicability of international human rights treaties. After World War II, it has been a significant point of controversy how to understand these issues in relations with the development of transnational corporate activities. Todays ongoing globalization seems to bring about a relationship that can not be fully grasped by traditional theoretical frameworks, especially that of “subjects of international law.”
We will first examine traditional theoretical frameworks dealings with private persons position and role in international law. Second, we will examine actual roles of private persons in the process of realizing international law in current international society in an empirical manner. Specific topics include corporates and NGOs roles in the WTO dispute settlement procedure, settlements of investment disputes between nations and foreign investors through arbitrations, the UN global compact, and private banks’ roles in the establishment and implementation processes of the Basel Accord and the Basel II.
Through these examinations, we will try to assess of the relevance of new theoretical frameworks, including Onumas transnational and transcivilizational perspectives and his concept of those engaged in international legal process as well as Higgins concept of participants of international law instead of traditional notion of subjects of international law
We will distribute copies of parts of major theoretical works to students so they can read them in turn. As to empirical examination, we will assign topics to participants to be researched and analyzed. The participants are required to submit a paper in classes.In each class, we will give first 20 minutes to a student who is supposed to give a paper and leave the rest of the time for discussions.
We will conduct this class as a joint seminar for Graduate School of Law and Politics and Law School,.This is a highly demanding seminar in all aspects. Those who wish to join the class should fully keep this in mind.