Third Term Seminars

Post-Conflict Justice and the Rule of Law

Christie S. Warren

09.00-12.00, Sala del Torrino (7,8,9 May 2018) 

Registration code: LAW-DS-POSTCON

Administrative Assistant: Tazio Sciarrino

3 credits

How can a country be put back together again following conflict, and who should be involved in the process? What are the essential building blocks of post-conflict reconstruction, and how should they be sequenced? If the Rule of Law is a critical component of reconstruction efforts, why is it so difficult to institutionalize? Policymakers, international lawyers and field practitioners now understand that creating an environment in which the Rule of Law can serve as a matrix for peace, security and economic development requires more than simply strengthening legal institutions and training justice sector personnel. More complex issues such as political and cultural considerations that impact a society’s commitment to values associated with the Rule of Law must also be addressed.

In this short seminar, we will explore a number of issues relating to post-conflict reconstruction and the Rule of Law – from abstract and theoretical questions such as whether becoming involved in the laws and institutions of another country constitutes a form of imperialism – to legal frameworks governing international intervention and development and post-conflict constitution-building – to specific concrete steps required during post-conflict reconstruction.

Issues we will study will span the work of tribunals, truth commissions and local mechanisms to deal with violence and criminal acts; constitutional development; judicial reform and independence; transparency and corruption; security issues; problems facing displaced groups of people, and the role of civil society in establishing sustainable justice and development.  Through readings, case studies, and a film we will examine and critique specific examples of nation-building efforts undertaken by the United States and the international community.

At the conclusion of the course, you should have an understanding of the legal frameworks that govern international intervention and reconstruction efforts as well as the level of success of various reconstruction strategies used during past conflicts. This will help you predict appropriate strategies that may be used in current and future conflicts (for example, in Syria) and their likelihood of success.

Readings will be provided in class and will generally be taken from Advancing the Rule of Law Abroad: Next Generation Reform by Rachel Kleinfeld and Can Might Make Rights? Building the Rule of Law after Military Interventions by Jane Stromseth.  Other readings will also be provided.  

Current Topics in the Use of Force

Nehal BHUTA, Claus KRESS & Omar HAMMADY

09.30-16.30, Sala degli Stemmi (2-4 May 2018) 

Registration code: LAW-DS-CURTOP

Administrative Assistant: Tazio Sciarrino

3 credits

In this course, we will examine the contemporary faultlines in the international law concerning the use of force (jus ad bellum), with a focus on current scenarios. Issues to be addressed include: the emerging paradigm governing the use of force against non-state actors; the use of force in support of UN-mandated peace agreements and their electoral processes (eg. Ivory Coast); intervention in civil wars and consent or acquiescence. We will try to understand the contours of the current landscape, which is in significant flux.

Human Rights Norms in ‘Other’ International Courts and Tribunals

Martin SCHEININ

26-27 April, Sala del Torrino

Registration code: LAW-DS-RIGNOR

Administrative Assistant: Claudia de Concini

3 credits

This will be a two day expert-workshop between the authors of a forthcoming book with the same working title. This workshop will be based on drafts of complete chapters related to the role of human rights norms in, inter alia, international criminal tribunals, WTO dispute resolution, investment law arbitration, regional integration courts, and the International Court of Justice. The discussions will be mainly substantive but in part also of editorial nature. In order to obtain 3 credits, researchers are required to read the draft chapters in advance and to attend the workshop for its full duration. Simultaneous participation in the intensive course on Socio-Legal Methods will not be possible and therefore this short course is best suited for researchers that have already taken the course on socio-legal methods.

Qualitative Methods for Socio-Legal Inquiry

Nehal BHUTA & Tobias KELLY

Participating lecturer: Sally Engle Merry

23-27 April 2018, 9:30-16:00, Sala degli Stemmi

Registration code: LAW-DS-QUAMET

Administrative Assistant: Rossella Corridori

6 credits

This is a five-day intensive course to give PhD researchers instruction in research design and methodology for socio-legal research. The course will take place over 5 working days. Materials will be made available well in advance. The aim of the course is to equip those students whose projects require socio-legal methods a “deep-dive” into relevant approaches and to provide a foundation for additional self-learning. It will begin by situating Qualitative Legal Methods within socio-legal research and legal research. Different genres of socio-legal thought in anthropology, sociology and political science will be introduced and we will consider the utility of using these methods. Exemplary uses of qualitative legal methods will be considered, compared and assessed. Participants will also carry out some field-work, consider key issues in design and implementation, reflect on these matters in relation to their own projects and discuss how to go about using qualitative legal methods in their own work.