Seminar: Law of Nationbuilding (Fall 2008)

Wednesday 1600-1800

Room 581

Professor Henry H. Perritt, Jr.

hperritt@kentlaw.edu

(312) 906-5098

 

Topics & final papers

Olta Andoni: Strategy for export of Kosova's cultural assets

Miriam Benze: Post-World War II Germany as a model for successful nationbuilding

David F. Pustilnik: How the Development of the Palestinian State Can Be Effectively Initiated: Implementing a Plan for a Two-State Solution While Fostering Palestinian Gorwth and Maintaining a Viable Peace?

Candace G. White: Stalin and Mao: Marxism Two Ways

Katherine Jehnke: Provision of governmental-like services by Hamas, Muslim Brotherhood, al Qeda, and Viet Cong (presentation only)

Schedule:

27 August: Get acquainted, discuss interests, select paper topics

3 September: Review outlines; initial presentation: Andoni

10 September: Initial presentations: Benze, Pultisnik

17 September: Initial presentation: White

24 September: International criminal courts: step forward or over judicialization of an inherently political process?

Questions for discussion

International Criminal Tribunal for the former Yugoslavia - subject matter jurisdiction

International Criminal Court - subject matter jurisdiction

See Elizabeth Koehn: Redefining Armed Conflict as a Jurisdictional Prerequisite

See Hunter Hogan: Jurisdiction of international criminal tribunals over individuals not attached to armed groups

See J. Justin Boyd: The Law of Armed Conflict in Practice: Prima-facie Charges & New Defenses

See Brad Loberg: The Balance of Justice: Can the U.S. Afford To Share the International Criminal Court’s Interest in Bringing Humanity to the Inhumane?

See Jacob Ramer: Hate By Association: Individual Criminal Responsibility for Persecution Through Participation in a Joint Criminal Enterprise

1 October: presentation Jehnke

8 October: no class

15 October: presentation: Benze

22 October: Pustilnik: review of Benze; White: review of Pustilnik

29 October: presentation: Pustilnik; report by White on Pustilnik

5 November: presentation: Andoni; Benze report on Andoni

12 November: White presentation: Andoni review of White

19 November: no class

26 November: discuss ms for The Road to Independence for Kosovo: A Diplomatic Chronology

3 December: discussion - America's foreign policy in the next administration

 

 

First day assignment:

  1. Read Course description
  2. Read seminar "rules"
  3. Browse student topics and papers from previous semesters (go up one level and click on the semester)
  4. Browse Operation Kosovo home page (http://operationkosovo.kentlaw.edu)
  5. Skim list of possible topics (you are not limited to these)
  6. Read Kosovo Anti-Corruption report (.html) (Word)
  7. Skim Henry H. Perritt, Jr., Structures and Standards for Political Trusteeships, 8 UCLA J. INT’L LAW & FOR AFF. 385 (2003) [Word version] in its entirety.
  8. Read Note on Hernando deSoto
  9. Come to class prepared to discuss these materials and to engage in a serious discussion about your topic or possible topics.

Other materials

Diplomatic corps restructured

Musical support for Kim Jong Il's cult of personality

Possible topics

  1. Declarations of independence and recognition: Kosovo and South Ossetia
  2. Protection of property under international human rights law
  3. Alien Tort Act claim by government of Republic of Kosovo against Serbia
  4. Analysis of prospects for Kosovo's future as an independent state
  5. Analysis of Turkey's evolving role as a regional power
  6. Analysis of Russia's new market-based imperialism
  7. Evaluation of ICTY trial of Ramush Haradinaj
  8. Jurisdictional prerequisite for an "armed conflict" in courts trying war crimes
  9. Guerrilla practice and how it should shape customary international law of armed conflict; application of "laws of war" to insurgencies
  10. Evaluation of ICTY, ICC rules in light of U.S. debate over Military Tribunals in Guantanamo
  11. Extinguishing old (1930s/1950s) claims by Cuban exiles resident in U.S. as a "Taking"
  12. Pursuing an anti-corruption initiative in Kosovo; designing a program to investigate and prosecute human trafficking in Kosovo
  13. Evaluating human rights claims asserted in ECHR by PKK leader Ocalan
  14. Assessing nationbuilding efforts in Iraq
  15. Democratization and market reform in Turkministan
  16. Building democracy: political parties, the press, and other institutions of civil society
  17. Role of music and art in nationbuilding
  18. Counterterrorism strategies
  19. Economic development and insurgency
  20. Develop arguments for judicial review of visa denials
  21. Privatization and "takings"
  22. Introducing financial services intermediaries in former socialist economies