HUMAN RIGHTS AND INTERNATIONAL LAW
 

I. COURSE DESCRIPTION 

The prospect of an international society based on the concept of the rule of law, where every human being — regardless of race, gender, religion, or nationality — is treated with equal care and concern is becoming increasingly promising.  While theoretical and practical obstacles are tremendous, the number of individuals and groups committed to the idea of a political order in which human dignity is protected in accordance with fair and just principles that transcend racial, sexual, religious, and national boundaries is on the rise.

This course is designed to examine the grounds for, and the possibilities of, an international order based on global justice.  More specifically, the discussion throughout the course evolves around the following questions:

1. What principles should form the foundation of an internationally acceptable system of human rights?
2. Under what conditions can an international law based on the above system contribute to the realization of global justice?
3. What are the limitations, both structural and substantive, of current international law and institutions?

In attempting to answer the above questions we examine the Universal Declaration of Human Rights (UDHR) and assess the various institutions and regimes established for the monitoring and enforcement of international human rights.  Among the issues of particular interest to us in this course are: the compatibility of Islamic values and ethos with international human rights, the universality of human rights and cultural relativism, human rights and international morality, the possibility of cross-cultural foundation of international human rights, and legalism and structural limitations.

II. COURSE READING
Assigned reading for the course will be drawn from a course packet consisting of selected articles and chapters.  The course packet can be obtained from the University Printing Unit.  The books and journals from which the reading material is obtained are available at the University Gombak Library.

III. STUDENT RESPONSIBILITIES
1. Student’ should study assigned readings prior to coming to class, and should be prepared to discuss assigned materials for scheduled topics.
2. As particular topics are addressed, selected class members will also be asked to function as “rapporteurs” reviewing assigned reading and discussing them in class.

IV. TERM PAPERS
Each student is required to write and submit a term paper on a topic selected in consultation with me.  Papers are to be 20 to 25 double-spaced typewritten pages in length.  Additional information on topics will be given subsequently.

Upon the completion and submission of the papers, students will be scheduled to present and discuss their term papers in class.  The grading of the term papers will depend heavily on the outcome of presentation and discussion.  Paper proposals are due on March 16, while the papers themselves are due on, May 4, 1999.

V. COURSE GRADING
1. Quality of ongoing participation, including unannounced quizzes and written reviews of assigned readings (20%)
2. Written papers on approved topics (30%).
3. Written Proposal, presentation and discussion of research paper (10%).
4. Final Examination (40%).

VI. SCHEDULE OF CLASSES AND ASSIGNED READINGS

General Introduction (10/2/1999)

1. International Human Rights : Defining the Parameters (10/2 – 3/13)

 Burns H. Weston, “Human Rights” in Encyclopaedia Britannica, n.d.

 Antonio Cassese, “Human Rights in a Changing World” (Polity Press, 1990), pp. 11-67.

 Rhoda E. Howard, “Dignity, Community, and Human Rights” in Abdullahi Ahmed An-Na‘im (ed.) Human Rights Cross-Cultural Perspectives : A Quest for Consensus (Univ. of Pennsylvania Press, 1992), pp. 81-101.

 Michael J. Meyer, “Dignity, Rights, and Self-Control” in John Arthur and William A.  Shaw, Social & Political philosophy, pp. 194-205.

 Jack Donnelly, “Human Rights, Individual Rights and Collective Rights” and” in Jan Berting (ed.) in Human Rights in a Pluralist World : Individuals and Collectivities, pp. 39-62.

 J. Herman Burgers, “The Function of Human Rights as Individual and Collective Rights in Jan Berting (ed.) Human Rights in a Pluralist World : Individuals and Collectivities, pp. 63-74.

 Dilys M. Hill, “Rights and their Realisation” in Ralph Beddard and Dilys M. Hill (ed.) Economic, Social and Cultural Rights (1992), pp. 1-21.

 Raymond Plant, “A Defence of Welfare Rights” in Ralph Beddard and Dilys M. Hill (ed.) Economic, Social and Cultural Rights (1992), pp.22-46.

 Julia Hausermann, “The Realisation and Implementation of Economic, Social and Cultural Rights” in Ralph Beddard and Dilys M. Hill (ed.) Economic, Social and Cultural Rights (1992), pp. 47-73.

2. Islamic Legal Reform: the Prospect of a Cross–Cultural Foundation for Human Rights (10-24/3)

 Abdullahi Ahmed An-Na‘im, “Toward an Islamic Reformation: Civil Liberties, Human Rights, and International Law” (Syracuse Univ. Press, 1990), pp. 161-229.

 Abdullahi Ahmed An-Na‘im, “Islam, Islamic Law and the dilemma of Cultural legitimacy for Universal Human Rights” in Claude E. Welch, Jr., and Virginia A. Leary (ed.), Asian Perspectives on Human Rights (1990), pp. 31-54.

 Bassam Tibi, “Islamic Law/Shari’a, Human Rights, Universal Morality and International Relations” in Human Rights Quarterly (Vol. 16), pp. 277-299.

 Reza Afshari, “An Essay on Islamic Cultural Relativism in the Discourse of Human Rights”, in Human Rights Quarterly (Vol. 16), pp.235-275.

 Ahmad Farrag, “Human Rights and Liberties in Islam” in Jan Berting (ed.) Human Rights in a Pluralist World : Individuals and Collectivities, pp. 133-143.

 Louay M. Safi, “Islam and Human Rights: The Imperative of legal Reform”, unpublished manuscript, pp. 1-45.

3. Cultural Relativism and the Universality of Human Rights 
(31/3-14/4)

 Abdullahi Ahmed An-Na‘im, “Problem of Universal Cultural Legitimacy for Human Rights” in Abdullahi Ahmed An-Na‘im and Francis M. Deng (ed.), Human Rights in Africa: Cross-Cultural Perspectives, pp. 331-367.

 Daniel A. Bell, “The East Asian Challenge to Human Rights: Reflections on an East West Dialogue” in Human Rights Quarterly (Vol. 18), pp. 641-667.

 Christina M . Cerna, “Universality of Human Rights and Cultural Diversity: Implementation of Human Rights in Different Socio-Cultural Contexts” in Human Rights Quarterly (Vol. 16), pp. 741-755.

 Adamantia Pollis, “ Cultural Relativism Revisited: Through a State Prism”, in Human Rights Quarterly (Vol. 18), pp. 316-343.

 Ann-Belinda S. Preis, “Human Rights as Cultural Practice: An Anthropological Critique”, in Human Rights Quarterly (Vol. 18), pp. 286-315.

 Jack Donnelly, “Human Rights and Western Liberalism” in Abdullahi Ahmed An-Na‘im and Francis M. Deng (ed.), Human Rights in Africa: Cross-Cultural Perspectives (1990), pp. 31-55.

 Alicia Ely-Yamin, “Empowering Visions: Toward a Dialectical Pedagogy of Human Rights”  in Human Rights Quarterly (Vol. 15), pp 640-685.

 Chandra Muzaffar, “Ethnicity, Ethnic Conflict and Human Rights in Malaysia” in Claude E. Welch, Jr., and Virginia A. Leary (ed.), Asian Perspectives on Human Rights (1990), pp. 107-141.

 Rhoda E. Howard, “Group versus Individual Identity in the African Debate on Human Rights” in Abdullahi Ahmed An-Na‘im and Francis M. Deng (ed.), Human Rights in Africa: Cross Cultural Perspective (1990), pp. 159-183.

4. International Regimes, National Interests, and Foreign Policy 
(21/4-12/5)

 John Donnely, Universal Human Rights in Theory and Practice, Ithaca, NY : Cornell Univ. Press, 1989, pp. 205-227.

 Philip Alston, “Appraising the United Nations Human Rights Regime” in Philip Alston (ed.), The United Nations and Human Rights: A Critical Appraisal, (Oxford University Press, 1992), pp. 1-21.

 Philip Alston, “The Commission on Human Rights”, in Philip Alston (ed.), The United Nations and Human Rights: A Critical Appraisal, (Oxford University Press, 1992), pp. 126-210.

 Torkel Opsahl, “The Human Rights Committee”, in Philip Alston (ed.), The United Nations and Human Rights: A Critical Appraisal, (Oxford University Press, 1992), pp. 369-443.

 Johan Galtung, Human Rights in Another Key (Polity Press, 1994), pp. 26-55.

 Anne-Marie Slaughter Burley, “International law and International Relations Theory: A Dual Agenda” in The American Journal of International Law (Vol. 87:205), pp. 206-239.

 A. Belden Fields and Wolf-Dieter Narr, “Human Rights as a Holistic Concept” in Human Rights Quarterly (Vol. 14), pp. 4-20.

 David Gillies, Between Principle and Practice: Human Rights in North-South Relations (McGill-Queen’s University Press, 1996), pp. 3-31.

 John Donnely, “Human Rights and Foreign Policy” in Universal Human Rights in Theory and Practice, Ithaca, NY: Cornell Univ. Press, 1989, pp. 229-249.

 John Donnely, “Implementing Human Rights: The Priority of National Action” in ” in Universal Human Rights in Theory and Practice, Ithaca, NY: Cornell Univ. Press, 1989, pp. 250-269.

 David P. Forsythe, “US Economic Assistance and Human Rights: Why the Emperor has (almost) no Clothes” in Human Rights and Development (Macmillan, 1989), pp. 171-231.

5. Paper presentations (19-26/5)