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BROOKLYN LAW SCHOOL INTERNATIONAL HUMAN RIGHTS LAW SYLLABUS Fall 2012/2013 PROFESSOR SAMUEL K.

MURUMBA

The object of this course is to examine the concept, corpus, and development of international human rights law, and its protection through International and US mechanisms. This will be done in the context of real human rights problems whose legal, conceptual and practical ramifications students will be required to examine critically throughout the course. Class participation is a particularly essential ingredient of work in this class. The principal textbook is Steiner and Alston, International Human Rights in Context: Law, Politics, Morals (Hereinafter Steiner), which may be obtained from the book store. This is a comprehensive book which contains not only the basic text but also a link to all the supplementary materials from treaties and other instruments. Please note that assigned readings must be read before class. Readings are assigned on the basis of the rule of thumb that for each two hour regular or alternate week class, students should expect to do about three and a half hours of preparation. Thus for each week=s regular Wednsday class this semester you are expected to do about 31/2 to 4 hours of preparatory reading, and an additional 31/2 to 4 hours for each alternate Monday class. The format of classes is premised on the expectation that you have done the preparatory reading. Attendance is required and class participation is part of the assessment in this class. You should assume that you will be called upon in class. If, for a good reason, you are unable to attend, or to arrive on time, or to do the assigned reading for a particular class, it is your responsibility to let me know beforehand by e-mail, telephone, or in person. In addition to a careful reading of the material, you should also make sure that you are prepared to answer specially-assigned in the main text or supplementary material. CARE IN THE USE OF LAPTOPS AND TABLETS DURING CLASS While laptop computers can sometimes enhance the classroom experience, they can also be extremely disruptive for both the user and the class. There is now compelling evidence that the use of laptop computers in classCexcept for very specific purposesCis associated with far greater learning costs than benefits both for the student user and for the class in general (for some of this research and analysis, see, for instance, Kevin Yamamoto, ABanning Laptop Computers in the Classroom: Is It Worth the Hassles?@ 57 J. Leg. Education 2 (2008)). I have reversed my previous policy of banning laptops in the classroom, but you should use them with care and make sure they do not distract you or your fellow students.

[A] HUMAN RIGHTS: CONCEPTS AND DISCOURSE 1. Global Snapshots: Steiner pp.3-17 or Current News: International? Human? Rights? 2. The Nature and Logic of Human Rights: http://lsolum.typepad.com/legal_theory_lexicon/2004/05/legal_theory_le_4.html . 3. Global Frameworks, Death Penalty, and American Exceptionalism: Steiner pp. 17-57

[B] THE HUMAN RIGHTS MOVEMENT: ANTECEDENTS AND BIRTH 1.Sources ICustomary International Law, The Paquete Habana and Laws of War: Steiner pp.58-85 2. Sources IIGeneral Principles of Law and State Responsibility in the Chattin Case: Steiner pp.85-96. 3. Sources IIITreaties and the Inter-War Minorities Regime: Steiner pp.96-115. 4. Judgment at Nurenberg and the Birth of the Modern Human Rights Movement: Steiner pp.115-148.

[C] CIVIL AND POLITICAL RIGHTS 1. The International Covenant on Civil and Political Rights (ICCPR): Steiner pp.150-160, 845867

2. The ICCPR Committee: General Comments and Jurisprudence: Steiner pp. 877-886, 900918. 3. Civil and Political Rights: Custom, Soft Law, and CEDAW: Steiner pp. 160-224.

[D] ECONOMIC AND SOCIAL RIGHTS 1. The Structure and Content of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Competition between Perspectives and Resources: Steiner pp.263-313.

2. The Justiciability and International Monitoring of Economic and Social Rights: Steiner pp.313-374.

[E] UNIVERSAL HUMAN RIGHTS AND CULTURAL DIVERSITY 1. Universalism and Cultural Relativism in Perspective: Read Steiner pp. 517-539; excerpt from Makau Mutua, HUMAN RIGHTS: A POLITICAL & CULTURAL CRITIQUE, 154-157 (Handout); and Samuel K. Murumba, Cross-Cultural Dimensions of Human Rights in the

Twenty-First Century in Anghie and Sturgess (eds.) LEGAL VISIONS OF THE TWENTYFIRST CENTURY: ESSAYS IN HONOUR OF JUDGE CHRISTOPHER WEERAMANTRY 207240 (1998) (Handout). 2. Dissonance and Conflict IGender and Sexual Orientation: Steiner pp.541-568; Materials on the Uganda Anti-Homosexual Bill Debate (Hand out). 3. Dissonance and Conflict IIReligion: Steiner pp.569-616. 3

4. Dissonance and Conflict IIIDress Symbols, Multiculturalism, and Speech: Steiner pp. 616665.

[F] INTERNATIONAL AND NATIONAL ENFORCEMENT OF HUMAN RIGHTS 1. The UN System IProcedures under Resolutions 1503 and 1235 and the Human Rights Council: Steiner pp.754-765, 791-823. 2. The UN System IIHigh Commissioner for Human Rights, The Security Council, and Responsibility to Protect: Steiner pp.824-843. 3. National Enforcement IVertical Interpenetration and Universal Jurisdiction: Read Steiner pp.1087-1124, 1156-1177. 4. US Litigation and Global Comparisons: Steiner pp.1177-1240.

Dr. Samuel K. Murumba Professor of Law Brooklyn Law School 250 Joralemon Street Brooklyn, NY 11201 (718) 780 7577 samuel.murumba@brooklaw.edu

Secretary: Ms. Lorraine McDonald (718) 780 7533 lorraine.mcdonald@brooklaw.edu

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