International Dispute Settlement
(Fall 2017;Tuesday 14:30-17:30)
Professor Paik Jin-Hyun
Graduate School of Int’l Studies
Office: GSISRm 601
Tel: 880-8513Fax: 873-0654
Email:
Course Description
This course examines both abiding and changing sources of international conflict, as well as the intricate patterns of interactions among the different sources. The course then addresses what should be done to manage -prevent, defuse, contain, and resolve – international disputes, whether they occur at the interstate or intrastate level.It examinesvarious ways and means for dispute settlement, both diplomatic and legal, including negotiation, mediation, conciliation, arbitration, adjudication, peacekeepingand post-conflict peace-building.The course combines theoretical approach withtheanalysis of various cases. The course also adopts interdisciplinary approach to conflict management and dispute settlement.
Readings
*Chester A. Crocker, Fen Osler Hampson and Pamela Aall (eds), Turbulent Peace: The Challenges of Managing International Conflict (USIP Press, 2001)
*J.G. Merrills, International Dispute Settlement (5th ed; Cambridge, 2011)
John Collier and Vaughan Lowe, The Settlement of Disputes in International Law: Institutions and Procedures (Oxford, 2009)
William Zartman (eds), Peacemaking in International Conflict: Methods and Techniques (USIP Press, 2007)
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Vinuales (eds.), Diplomatic and Judicial Means of Dispute Settlement (Martinus Nijhoff Publishers, 2013)
Joseph S. Nye, Jr., Understanding International Conflicts: An Introduction to Theory and History (6th ed; Pearson International Edition, 2007)
* Turbulent Peace (TP) and International Dispute Settlement (IDS) will be used as a basic reference for the course.Students are also encouraged to refer to such materials and websites as Journal of International Dispute Settlement, SIPRI Yearbook, Strategic Survey (IISS), and International Crisis Group ( the updated knowledge of ongoing conflicts and disputes around the world.
Course Schedule (Weekly)
Week 1 Introductory Session: Conflicts, Disputes and Conflict Management
This session will be devoted to meeting one another, gaining the understanding of basic concepts and approaches to be utilized in the course, and expectations for each student.
*The Settlement of Disputes in International Law: Institutions and Procedures, 1-16
Week 2 Perspectives on Sources of Conflicts: Framework for Analysis
* Kenneth N. Waltz, Man, the State and War (Columbia University Press, 1959)
Jack S. Levy, “Theories of Interstate and Intrastate Conflict: A Levels-of-Analysis Approach” in TP, 3-27
Week 3 Source of Conflicts: International System
* Kenneth N. Waltz, Theory of International Politics (Addison Wesley, 1979), 161-193
* Barry Buzan, “Economic Structure and International Security”, International Organization 38:4 (1984)
* Dale C. Copeland, “Economic Interdependence and War: A Theory of Trade Expectations”, International Security20:4 (1996), 5-41
* Edward D. Mansfield and Jack Snyder, “Democratic Transition and War” in TP, 113-126
Week 4 Source of Conflicts: Statehood
* Mohammed Ayoob, “State Making, State Breaking and State Failure” in TP, 127-142
* Jeffrey Herbst, “Responding to State Failure in Africa”, International Security21:3 (1996/97), 120-144
* Christopher Clapham, “The Challenge to the State in a Globalized World”, Development and Change 33:5 (2002), 775-795
* Carter Johnson, “Partitioning to Peace: Sovereignty, Demography, and Ethnic Civil Wars”, International Security 32:4 (2008), 140-170
Week 5 Source of Conflicts: Social and Psychological Sources
* Janice G. Stein, “Image, Identity, and the Resolution of Violent Conflict” in TP, 189-208
* Ted Robert Gurr, “Minorities and Nationalists: Managing Ethno-political Conflict in the New Century” in TP, 163-188
* Michael Brown, “Ethnic and Internal Conflicts: Causes and Implications”, in TP, 209-226
Jerry Z. Muller, “Us and Them”, Foreign Affairs, 87:2 (2008), 18-35
Week 6 International Dispute Settlement System: History and Overview
*David D. Caron, “War and International Adjudication: Reflections on the 1899 PeaceConference”, American Journal of International Law, 94:4 (2000), 4-30
*The Settlement of Disputes in International Law: Institutions and Procedures, 19-44
*Diplomatic Means and Judicial Means of Dispute Settlement, 13-24 and 47-57
Week 7 Diplomatic Means 1: Negotiation
* IDS, 1-25
* Robert D. Putnam, “Diplomacy and Domestic Politics: the Logic of Two-Level Games”, International Organization 42:3 (1988), 427-460
* Raymond Cohen, “Negotiating Across Cultures” in TP, 469-482
Peacemaking in International Conflict: Methods and Techniques, 81-124
Week 8 Diplomatic Means 2: Mediation
* IDS, 26-37
* Peacemaking in International Conflict: Methods and Techniques, 163-194
* Saadia Touval and I. William Zartman, “International Mediation in the Post-Cold War Era” in TP, 427-444
Week 9 Diplomatic Means 3: Inquiry, Conciliation and Preventive Diplomacy
* IDS, 41-82
* Bruce W. Jentleson, “Preventive Statecraft: A Realist Strategy for the Post-Cold War Era” in TP, 249-264
* Stephen John Stedman, “Alchemy for a New World Order”, Foreign Affairs, 74:3 (1995) 14-20
Week 10 Judicial Means 1: Arbitration
* IDS, 83-115
* Peacemaking in International Conflict: Methods and Techniques, 195-226
* The Settlement of Disputes in International Law: Institutions and Procedures, 189-278
Week 11 Judicial Means 2:International Court of Justice
* IDS, 116-166
* The Settlement of Disputes in International Law: Institutions and Procedures, 124-188
Shabtai Rosenne, World Court: What It Is and How It Works (6th Revised Ed., 2003)
Weeks 12 Judicial Means 3:Other Dispute Settlement Systems
* IDS, 167-193 (UNCLOS system), 194-218(WTO system),
* The Settlement of Dispute in International Law: Institutions and Procedures,(ICSID System), 59-83
Michael Reisman, “The Diversity of Contemporary International Dispute Resolution: Functions and Policies”, Journal of International Dispute Settlement 4:1 (2003), 47-63
Week 13 Peacekeeping
* Margaret P. Karns and Kaaren A. Mingst, International Organizations: The Politics and Processes of Global Governance (Rienner, 2004), 306-326
* Michael W. Doyle and Nicholas Sambanis, “The UN Record on Peacekeeping Operations”, International Journal 62 (2007), 495-518
UN, Department of Peacekeeping Operation, UN Peacekeeping Operations: Principles and Guidelines, 2008
Week 14 Post-Conflict Peace-building
* Nicole Ball, “The Challenge of Rebuilding War-Torn Societies” in TP, 719-736
Eva Bertram, “Reinventing Governments”, Journal of Conflict Resolution 39:3 (1995), 387-418
* Pauline H. Baker, “Conflict Resolution versus Democratic Governance: Divergent Paths to Peace?” in TP, 753-765
* Roland Paris, “Peacebuilding and the Limits of Liberal Internationalism”, International Security 22:2 (1997), 54-89
* Melissa Nobles, “The Prosecution of Human Rights Violations”, Annual Review of Political Science 13(2010), 165-182
Week 15 Final Examination
An asterisk(*) indicates a required reading for the session. Students MUST read materials with an asterisk in advance, and the class discussion will proceed around those materials.
Course Requirements
Grading for the course will be based on the following four elements:
1) Attendance and informed participation in class discussion (15%)
Students are expected to attend all classes, do all required readings and as much of the recommended readings as possible in advance, and participate actively in class discussion and make valuable contribution.
2) Verbal Presentation with Written Summary (15%)
For each class session, one or two students will be asked to provide an oral report to the class on assigned readings. Students must submit the summary of their presentation in advance, at least one day before the class.The summary is expected to be approximately 5-10 pages in length (double-spaced). In preparing their presentation, students are urged to do in-depth research on the given topic, do more than simply summarize the readings,attempt to draw comparisons with different views and offer their own critiques.
3) In-Class Final Examination (30%)
The Final Examination will be held at the end of the semester.
4) Final Paper (40%)
By the end of the semester, students are required to submit a paper on the actual case they choose after consulting with the instructor in the beginning of the course. The paper should not exceed 20pages in length and double-spaced. The paper is DUE on the last day of the semester.
Office Hours
Professor Paik will be available for office hours by appointment on Wednesay afternoon from 2:30-4:30 pm. Appointments should be made in advance through Prof. Paik's assistant (02-880-8513) at Room 602. If students have another class or Prof. Paik has urgent business at this time, an alternative appointment can be arranged.
Notice for Fall Semester 2017
Students should be aware that due to Prof. Paik’s duty as judge of the International Tribunal for the Law of the Sea (ITLOS), a few classes for the fall semester (mainly in September) will proceed with the videos recorded earlier. His doctoral assistant will conduct those classes with time for discussion.
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