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Pirates to Pinochet (And Back): Universal Jurisdiction

Universal Jurisdiction is one of the most controversial and visible modern developments in international law. The doctrine allows any country to punish certain crimes, even if it has no connection with the offense. Universal jurisdiction jumped from law reviews to headlines 10 years ago, with the indictment of former Chilean Pres. Pinochet. Today, the same doctrine may be used in the campaign against Somali Pirates. In between, numerous nations and international courts and brought cases against everyone from Rwandan nuns to United States defense secretaries. Universal jurisdiction encapsulates much of the promise and peril of international law: the possibility of deterring human rights violations, and the peril that will become simply another tool of international politics. The seminar examines universal jurisdiction, largely from a positive and empirical perspective. While normative arguments will be considered at the end of the semester, the seminar develops an understanding of UJ¿s historical development and efficacy, paying particular attention to whether and how nations actually use it. A particular emphasis will be placed on non non-Western systems whose practices are often ignored and conventional discussions. At the same time, the subject raises many profound issues, such as the nature and sources of customary international law, the purposes of punishment, the trade-offs between justice and other social values, cosmopolitanism versus particularism, and of course, realism versus idealism in international relations. Students will write one short research papers on the status of universal jurisdiction in some foreign nations and one short paper on topics touching on the increasing use of universal jurisdiction by the United States. Readings will consist of a mix of cases, some book chapters and law review articles, and news accounts. Grading: Grading will be based 1/3 on class participation and 2/3 on two short research papers which will write during the course of the semester and present to the class, one in the middle of the semester and one at the end. For interested students, there will be the possibility of writing a more substantial paper to fulfill a writing requirement in for three credits.


Catalog Number: CONPUB 662
Practice Areas: Criminal Law Practice AreaInternational Law Practice Area
Additional Course Information: Consult Professor about writing requirements


Course History

Spring 2010
Title: Universal Jurisdiction
Faculty: Kontorovich, Eugene (courses  |  homepage)
Section: 1     Type: Seminar     Credits: 3.0
Capacity: 25     Actual: 7