Borders and Boundaries in International Law (Simmons)
Meeting Times/Location
T 4:30PM - 6:30PM
Tanenbaum Hall 142
Category
Seminar
Credits
3.0
International borders are the central institution of the international legal system. They are crucial for defining states’ territorial jurisdiction, and they are important for coordinating the provision of both international and domestic public goods. They are also imbued with deep meaning for the populations whose lives are affected. As the world has become more integrated, border status and security have become an important policy concern.
This course will study international law relating to borders. How are borders legitimately created? What legal rights and responsibilities do they enhance? How do border disputes arise, and how can and should they be settled? And most importantly, what kinds of rules and institutions – unilateral, bilateral, and regional – have developed between states to govern border spaces? How can borders be maintained in ways that respect state sovereignty, human rights, legitimate claims for asylum, and the natural environment? What instruments and practices do states use to manage legal transborder flows, from trade to tourism? Illegal flows, such as trafficking and smuggling? How will international borders be challenged by climate change, and how might law develop to address such challenges?
This seminar is explicitly interdisciplinary. We will refer to a wide range of treaties, decisions of international tribunals, and occasionally national court decisions. Secondary sources include readings from law reviews, international relations, political science, geography, and other disciplines. Our meetings will be in person, and always in a discussion format. Class will not meet the Tuesday before Thanksgiving, in favor of individual research consultation meetings. Papers are due on the last day of the term.
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.