International Human Rights Law
Hopkins-Nanjing Center
DH Kaye
Fall 2007
SYLLABUS

This course examines the international law of human rights—its origin, sources, content, enforcement, and justifications. It also surveys the legal recognition and protection of human rights within various countries. Part one introduces the idea of rights from the historical, philosophical, and analytical perspectives. Part two, the main part of the course, is devoted to a study of the detailed contents of the international human rights law as found in international treaties, customary international law, and other sources of law. This part explores the substantive doctrine -- the "primary rules of conduct" -- as well as the "procedural" aspects of international human rights and international criminal law such as adjudication and remedies. Part three explores issues relating to selected rights from a comparative (international, United States, and other national law) perspective.

Students are expected to participate in classroom discussions of the assigned readings and to make classroom presentations on specific rights or issues. Grades will be based on class participation, the presentations, and a moot court exercise.

The textbooks are Henkin et al., Human Rights (1999), and Nickel, Making Sense of Human Rights (3d ed. 2007).

Office: F204; Telephone: 8368-6713 (公寓房间 8359-3709)

The following schedule is highly tentative and will be revised as the course progresses. For example, the quantity of reading listed in Part III will be reduced. At this point, the main purpose of the syllabus is to display the particular topics that might be covered. Revisions and supplemental materials will be posted in my folder in the Academic Access area of the Hopkins-Nanjing network server..

Week Class Reading Topic
1 9/19 N ch 1; H 2-6 Overview of International Human Rights

9/21 H 6-14, 16, 22-23, 28-34, 37-38 The Western Individual Rights Tradition
2 9/26 H 50-54, 42-44, 74-79; N ch 2 Criticism of Social Contract Theory and Modern Understanding of and Justifications for Rights

9/28 H 274-287, 293-294 The International Human Rights Movement
  9/30   Student Presentations
3 National Day Holiday
4 10/10 H 295-320, H 355-358 Principles of International Law

10/12 H 286-292, 320-333; UN Charter The United Nations, the Universal Declaration, and Covenants
5 10/17 H 339-341; Kokkinakis v. Greece The European Human Rights System

10/19 H 342-349 Other Regional and Specialized Human Rights Treaties
6 10/24 H 81-86; N ch 8, 9 Economic and Social Rights

10/26 H 358-383; N ch 6 Women and Children
7 10/31 H 405-426 Refugees

11/2 H 427-474, N ch 10 Minority and Group Rights
8 11/7 N ch 7 Detention without Trial in the War Against Terror

11/9 H 475-488 Other Proposed Human Rights
9 11/14 H 106-116; N ch 11 Cultural Relativism and Universal Grounds for Human Rights

11/16 H 489-523 Implementation by Treaty Bodies
10 Fall Break
11 11/28 H 523-607 Implementation by Regional Bodies

11/30 H 608-664 Implementation by International Criminal Law
12 12/5 H 665-683 Implementation by International Adjudication

12/7 H 684-736 International Political Implementation
13 12/12 H 737-769 Non-governmental Organizations

12/14 H 770-882 Implementation by Domestic Courts
14 12/19 H 885-981 Comparative Civil Rights Law

12/21 H 982-1064 Comparative Civil Rights Law (cont’d)
15 12/26 H 1065-1105 Comparative Political Rights

12/28 H 1106-1132 Comparative Economic and Social Rights
16 1/2 H 1133-1149 Comparative Economic and Social Rights (cont'd)

1/4 H 1149-1202 Comparative Economic and Social Rights (cont'd)
17 1/9
Review

1/11
Final Examination
H = Henkin et al., Human Rights Law (1999)
N = Nickel, Making Sense of Human Rights (2d ed. 2007)