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LWMTLT-International Law and Terrorism

Module Provider: School of Law
Number of credits: 20 [10ECTS credits]
Level: 7
Terms in which taught: Autumn
Module Convenor: Dr R Barnidge
Pre-requisites: Registered for a postgraduate programme in Law or selected MA programmes, or with permission of the Director of PGT Studies in Law.
Co-requisites:
Modules excluded:
Module version for: 2009/0

Email: r.barnidge@reading.ac.uk

Aims:
There are many prisms through which to discuss the heady topic of terrorism. Each appeals to particular constituencies, and often for partisan advantage. International Law and Terrorism explores terrorism through the prism of international law. While it should not be viewed as a static or uncontested enterprise, international law can provide a viable framework for discussing and passing judgment on many aspects of terrorist action and counterterrorist reaction. In light of new threats to international peace and security that terrorism poses, this module explores the ways that international law might provide a basis for normatively sound, sustainable, and instrumentally effective responses. It aims to equip students with the tools necessary to enable them to converse in the language of law, at a high level, on an issue at the top of the international agenda and to give students an appreciation for the dynamic interplay between law and politics in one of the most contentious areas of international affairs.

Assessable learning outcomes:
On completion of the module, students will be able to:

  • Identify, explain, and analyse the law that applies, at both international and regional level, in the fight against terrorism.
  • Articulate policy arguments for and against international legal norms as currently understood.
  • Critically assess and apply the role of extra-legal considerations in legal argumentation

    Additional outcomes:
    In addition to those listed in the School’s ‘core skills statement’, the module will encourage the development of:

  • High level communication skills that facilitate active and engaged learning

    Outline content:
    International law has grappled with the question of terrorism for decades. Obviously, these discussions have taken place with added urgency and passion since 11 September 2001. While there has been some degree of agreement between States at a normative level, deep fissures have arisen at the level of interpretation and implementation. This module examines terrorism post-11 September through the prism of international law. It begins by asking whether the three main sources of law contained in article 38 of the Statute of the International Court of Justice - treaty, custom, and general principles - support a definition of terrorism. It then looks at two primary law regimes, treaty law and Security Council Resolutions, to determine the counterterrorism obligations of States. The interpretation of these obligations, possibilities and problems, are also critically assessed. Two important events of recent years, 11 September/Operation Enduring Freedom in Afghanistan and, in 2003, the Iraq War, are explored in depth. The fight against terrorism involves issues of international humanitarian law and international human rights law, and time is devoted to these separate but increasingly connected areas of law. Finally, a case study examines the jurisprudence of the International Court of Justice and the Israel Supreme Court on Israel’s separation barrier.

    Brief description of teaching and learning methods:
    Teaching in this module is designed to provide students with a range of resources on which they can draw in their learning. The main elements are:

  • A list of required and recommended readings, with notes and questions that will be used to guide class discussions and reflection.
  • Ten weekly seminar classes of two hours each. These are discussion based classes, and groups usually have between five and twelve students.
  • Assessed and optional non-assessed work that will be used to develop students’ skills and knowledge.
  • An electronic discussion board will be available for students enrolled in this module.
    When there are Faculty seminars relevant to the area, students in the module will be encouraged to attend and will be given the opportunity to discuss issues with visiting academic presenters.

    Contact hours:

      Autumn Spring Summer
    Lectures
    Tutorials/seminars 10 x 2 hours     
    Practicals      
    Other contact (eg study visits)      
    Total hours 20     
    Number of essays or assignments 1 optional non-assessed practice exam paper     
    Other (eg major seminar paper)      

    Assessment:
    Coursework None

    Relative percentage of coursework: 0 %

    Examinations
    * A three hour exam counting for 100% of the module marks. Three questions to be answered from a selection of six questions.


    Requirements for a pass: 50% overall

    Reassessment arrangements: See LLM Programme Handbook and Law School Guide.

    Last updated: 9 December 2009

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