Module Specifications.
Current Academic Year 2024 - 2025
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Date posted: September 2024
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None legal essay and / or questions |
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Description The purpose of this module is to examine the way in which the use of force is regulated under international law. The historical, societal and philosophical perspectives of the jus ad bellum will be examined and evaluated. In this module students will investigate the legal framework, contained in the UN Charter and customary law which restricts the way in which states can employ force against each other. Case studies and simulations will be used to illustrate the efficacy of the legal framework. This module provides a platform of knowledge whereby students can evaluate international legislation and state practice in relation to the use of force in various instances, e.g. wars of national liberation, self-defence, response to acts of terrorism etc. Students are expected to attend weekly lectures and undertake case studies and simulation exercises. They are also expected to research and read relevant articles and contribute to class discussion. | |||||||||||||||||||||||||||||||||||||||||||
Learning Outcomes 1. Locate the legal framework which regulates the use of force by States within the paradigm of public international law 2. Analyse the development of this legal framework, including both customary and international law 3. Apply the legal framework to scenarios and problem questions 4. Debate the effectiveness of the legal framework with reference to international law provisions, State practice and academic commentary 5. Defend and justify his / her opinions in relation to the legal framework in written and oral format | |||||||||||||||||||||||||||||||||||||||||||
All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml |
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Indicative Content and Learning Activities
Jus ad bellum history and developmentThe restraint on the use of force in early societies and the development of the Just War doctrine.Traditional Appraoches to Jus ad bellumThe development of the rules of traditional international law on the use of force, e.g. the recognition of rebellion, insurgency and belligerency.Conventional lawThe Conventional restraint on the use of force pre-1945, e.g. The Covenant of the League of Nations, the Kellogg-Briand etc.UN framework on use of forceThe prohibition of the use of force in the UN Charter; Article 2(4). The exceptions to Article 2(4) - self-defence (Article 51) and Chapter VII peace-enforcement actions.Case studiesHow have states used force in circumstances of humanitarian intervention, wars of national liberation etc? | |||||||||||||||||||||||||||||||||||||||||||
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Indicative Reading List
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Other Resources 17720, Moodle, 0, Class Notes and Other Relevant Resources are available on the Moodle page for the Module, | |||||||||||||||||||||||||||||||||||||||||||