CTP215 | The Philosophy of International Law

This course interrogates the philosophical foundations of public international law, and thus relies to some extent on prior doctrinal knowledge of the fundamentals of international law. It broadly aims to equip you with the knowledge and tools to engage in philosophical discourse about international legal developments.

There are two parts to this project:

(1) the conceptual task of understanding the nature, authority and legitimacy of international law, sources of international legal obligation, politico-legal and institutional concepts such as sovereignty, responsibility, and self-determination, and subject-matter classifications of law (such as human rights, the laws of war and international criminal law);

(2) the normative enterprise of identifying and questioning the moral and political values that animate the development of international legal norms and institutions.

This kind of inquiry has assumed greater significance in light of trends in international law – the fragmentation of specialized legal regimes, proliferation of international institutions, emergence of new actors, and the complex politicization of conflicts and disputes. This course proceeds with the idea that a responsible and competent international lawyer should be able to clearly articulate normative commitments, engage with changing and contested norms and concepts, and demonstrate a dexterity with both ideal and non-ideal theory.

Readings have accordingly been selected to reflect conceptual and normative questions in international law. Course readings are in the nature of legal theory and political philosophy, and they straddle the analytical-critical divide. Before each class, you will be sent a couple of short news articles or blog posts about contemporary events/ legal issues. Every class will end with the application of the theoretical conclusions of our discussions to these issues/ practical situations.

Some weeks list one or two optional readings to encourage reflection and help you think about response papers or end term submissions. However, these readings are not compulsory, and we will not discuss them specifically in class.

Classes will primarily be conducted in a seminar format. Reading before class is essential, and students will be expected to actively participate.