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2014 Galway Courses

Session 1: June 8–June 27

Education as a Human Right

Professor Monica Teixeira de Sousa
9:00 a.m.–10:50 a.m.
The right to an education is a basic human right and is enshrined in Article
26 of the Universal Declaration of Human Rights, as well as other normative
instruments of the United Nations and UNESCO. This course examines
the complex law and policy issues involved in securing that right for children
living in poverty, both abroad and in the United States. Students will be
asked to consider the role that international institutions such as the World
Bank currently play in either expanding or thwarting children’s access to
quality educational opportunities. The course includes case studies from
the United States, Brazil, and Finland, among other countries, and focuses
on topics such as compulsory education, school funding, and curriculum.

International Law and International Humanitarian Law

Professors Ray Murphy and Shane Darcy
11:00 a.m.–12:50 p.m.
This course explores contemporary issues of international law and
international humanitarian law (IHL) or the law of armed conflict. It involves
a brief introduction to the sources of international law, an examination of
the UN Charter provisions governing the use of force, and an examination
of the concept of humanitarian intervention and UN-authorized or
UN-mandated peacekeeping operations. The course explores the concept,
purpose, and contemporary sources of IHL; the concept of armed conflict;
and the protection of civilians and the conduct of hostilities. The convention
dealing with the protection of prisoners of war is also examined. The course
refers to contemporary situations such as Iraq, Kosovo, and Afghanistan;
draws on a number of historical examples; and includes a review of the
implementation of IHL and the role of international tribunals.

Islam and Human Rights

Professors Karen da Costa and Ekaterina Yahyaoui Krivenko
1:00 p.m.–2:50 p.m.
This course analyzes key themes in the relationship between human
rights and Islam, starting with discussion of Muslim veils, polygamy, and
punishment by stoning to introduce the tension between human rights
and peculiarities of cultural practices. Students also are introduced to the
variety of approaches existing within Islam. The first part of the course
covers the fundamentals of international human rights law, focusing upon
particular rights and human rights monitoring mechanisms at the
supranational level. The second part covers basic principles of Islamic law,
its practical application, and how the rights analyzed in part one are
interpreted under Islamic law. The course provides a critical analysis of
existing legal concepts and compliance mechanisms. It also identifies
areas in which Islamic law may conflict with international human rights
law, and suggests ways to address these issues.

Session 2: June 30–July 18

Perspectives on the U.S. Supreme Court

Distinguished Visiting Jurist, U.S. Supreme Court Justice Antonin Scalia
9:00 a.m.–10:50 a.m.
This course examines several of the U.S. Supreme Court’s principal
decisions on the separation of powers and also assesses this topic from
an international perspective.

Intellectual Property and Human Rights

Professor Peter J. Karol
11:00 a.m.–12:50 p.m.
This course examines the intersection of international intellectual
property and human rights law, approaching the issues from two
perspectives: whether and how enforcement of various intellectual property
(IP) laws might violate international human rights laws and other norms and
conversely whether the right to attain and assert various forms of IP is or
should be a human right. Topics are likely to include the rights of access
to patented medicines, social media, and learning materials; patenting of
genetic materials; whether there is or should be a right to control the
products of one’s mind; whether moral rights—including publicity, attribution,
disclosure and integrity—are human rights; and the role of institutions, such
as the World Intellectual Property Organization, in developing global IP
policies. The course is designed for students with little exposure to IP law,
as well as those familiar with the subject.

Human Rights and Fundamental Freedoms in International Law and Sovereign Constitutions  

Professor Charles W. Rhodes
1:00 p.m.–2:50 p.m.
This course examines the international and national sources and systems
safeguarding human rights and fundamental freedoms, such as autonomy,
dignity, equality, expression, religious liberty, and sustenance. The course
traces the development of some of these norms from early Enlightenment
philosophers and English source documents to their inclusion in 18th- and
19th-century national constitutions and then into modern international
agreements and governing charters and compacts. The course evaluates
the commonalities and disparities in the understandings and interpretations
of these fundamental freedoms across the globe and analyzes trends in the
ever-increasing expanse of morally imperative rights protection.



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