2013 Galway Courses

Session 1: June 9–June 28

Legal History: The Development of Human Rights Law

Professor Philip K. Hamilton
9:00 a.m.–10:50 a.m.

“Human rights” is an ideal that includes far more than the political rights that were articulated in the 17th and 18th centuries in such documents as the English Bill of Rights and the first 10 amendments to the U.S. Constitution. How was that limited concept of “rights” extended beyond the borders of individual countries and expanded to include such notions as economic rights and group rights? How were states persuaded to commit themselves to honor that expanded and universalized view of rights? How do we evaluate that commitment in light of recent and continuing abuses of human rights? This course attempts to address those questions by looking at the period from 1800 to the present and examining some of the events and ideas that contributed most significantly to the development of our current understanding of human rights and to its codification in the documents that form the basis of modern human rights law. Readings include both historical and legal materials.

International Law and International Humanitarian Law

Professors Ray Murphy and Noelle Higgins
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.

The Lawyer’s Role in the Struggle for Human Rights

Professor Katerina Lewinbuk
1:00 p.m.–2:50 p.m.

The course begins with the role judges and lawyers played in the Holocaust; an overview of the history of Europe in the World War II era; and the history of the Armenian genocide. The Holocaust and the Armenian genocide will be contrasted, including the legal framework that supported them and the treatment of victims by the courts and the international community. The class will then examine the European Human Rights Court (the “Court”), including its efficacy and lack of enforcement power. As students read, brief, and discuss selected cases that were adjudicated by the Court alleging human rights violations by different countries, we will explore whether the Court is fulfilling its purpose and whether it should remain in Europe. The course also deals with the challenges in ethical lawyering when facing human rights violations, and we will discuss a number of interesting pending and decided cases on point.

Session 2: July 1–July 19

Sweatshop: Human Rights in the Workplace

Professor Deborah Schmedemann
9:00 a.m.–10:50 a.m.

Work is a central activity for most humans; it is how we spend our days (or nights), earn our livelihoods, make connections with other people, and establish our identities. The workplace can also be fertile ground for abuse of workers. This course explores international human rights conventions, covenants, and organizations pertaining to the workplace, with a focus on the International Labour Organization and the United Nations, set against other factors, such as national law, market forces, and corporate conduct standards. The course explores freedom of association, freedom from discrimination, safety and health, and employment of children and people with disabilities. Discussion of general principles is paired with case studies from various countries. For their evaluation, students have a choice of an exam, a series of short papers, or a single longer paper.

Terrorism and Individual Rights

Professor Stanley E. Cox
11:00 a.m.–12:50 p.m.

Terrorism raises individual rights issues for suspected and accused terrorists, as well as for individuals in the larger society who wish to enjoy individual privacy rights but also want to be protected from acts of violence. This class will compare the way that the United States, especially post-September 11, has attempted to balance individual rights against the need for public safety with how other nations have balanced or are balancing such rights in response to terrorism concerns. The course also will consider what international law has to say about these issues.

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 on 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.