Public International Law

This is an introductory course in international law that serves as a pre-requisite for many more advanced international law courses. It is also the fulfills a required core course option for students intending to pursue the course concentration Option in international law or pursuing the JD/MA joint program completed in association with the Norman Paterson School of International Affairs, Carleton University.

Historically, public international law was the law of nations: the body of law governing the relationships between sovereign states. Public international law is no longer so narrowly circumscribed. Defined broadly, international law now includes as expansive a range of subject matters as does “municipal” (i.e., domestic) law. In fact, it is fair to say that most domestic legal practice is influenced, at some level, by international law.

The study of international law has two elements. The first element can be labelled “procedural”: the study of international law requires an appreciation of what international law is, how it is made and to whom it applies. The second element is substantive: the content of international law in relation to specific subjects. Because international law cannot be understood without examining both elements, much of this introductory course is dedicated to studying the procedural dimension of international law. But this course also surveys a number of different substantive subject-matter areas covered by international law, in expectation that interested students will pursue the many subject-matter specific courses in international law offered in the upper year program.

Upon successful completion of this course, you will have acquired knowledge in relation to the following subject-matter areas:

• the origins and nature of the international legal system;
• the formation, sources and application of international law;
• the law of treaties; international legal personality;
• the institutional framework of international law;
• the relationship between international law and municipal law;
• the relationship between states and territory;
• self-determination of peoples;
• state jurisdiction;
• jurisdictional immunities of diplomats and states;
• state responsibility; and,
• a basic understanding of substantive international legal obligations governing the law of the sea, human rights, the use of force by states and international criminal law.

Each of my courses also has a "practical" aspect. Upon successful completion of this course, you will be able to:

• identify international law concepts relevant to real-world international disputes;
• apply international law concepts to complicated, real-world facts as part of a process of dispute settlement;
• assess the merits of international law claims arising in real-world international disputes;
• analyze the relevance of international law to real-world international disputes; and,
• construct basic predictions concerning the trajectory of real-world international disputes.

Last taught: 2023-24

Armed Conflict and International Law

Overview

An introduction to the international legal regulation of the use of force and armed conflict based on the analysis of two key areas of international law: the legal obligations with respect to the peaceful settlement of disputes and the legal regulation of specific conduct during armed conflict.

Course Trailer

Detailed Course Description:*

This is an unusual course. It is about how law tries to limit and constrain humanity’s greatest scourge: war. It is about how law (the product of human reason) responds to mass violence (the failure of reason, often on a societal level).

This course has two main components. The first, addressing the so-called jus ad bellum, examines when states may lawfully resort to armed force against one another. This part of the course will cover international legal obligations with respect to the peaceful settlement of disputes; the general ban on the use of force in international relations and the related prohibition of forcible intervention in internal conflicts; the legal concept of “aggression”; and exceptions to the general ban on the use of force, both recognized (ie, the collective security architecture of the UN Charter; self-defence) and disputed (ie, humanitarian intervention).

The second part of the course addresses the so-called jus in bello (sometimes also called “the law of armed conflict” or “international humanitarian law”). This section will cover how violence may lawfully be used during armed conflict, including treatment of civilians, combatants, and prisoners of war; and permissible and impermissible means and methods of warfare.

* This description draws on the syllabi of Professor John Currie, who originally developed this course.

Teaching Method

This is a “flipped” course that emphasizes active and experiential learning. Lectures are delivered in on-line podcasts and videos. The course Brightspace page contains subject-matter “modules” in the course. These modules are built around the video lectures, the readings, and simulated conflicts. These features of the course are “asynchronous”" and done in advance of the synchronous sessions.

Upon successfully completing the asynchronous this aspect of the course, you will be able to:

1. explain in broad terms the historical origins and development of the main bodies of international law currently regulating resort to, and conduct in, international armed conflict;

2. describe the fundamental distinction between, as well as the key characteristics and fundamental principles of, the jus ad bellum and the jus in bello;

3. identify the main sources of each of the jus ad bellum and the jus in bello;

4. articulate and apply key substantive doctrines of international law relating to resort to the use of force in international relations;

5. articulate and apply key substantive doctrines of international law regulating specific conduct during armed conflict;

6. identify legal issues in various fact scenarios and analyze such issues to provide well-reasoned, persuasive international legal advice; and

7. engage in critical and informed debate concerning the nature, reality, content, strengths and shortcomings of the main bodies of international law currently regulating resort to, and conduct in, international armed conflict.

Then, in class, we apply this doctrine to simulated conflicts, best described a “reality-proximate”. That is, these conflicts are built around near-real events or possible events.

The classroom sessions leverage bespoke video imagery and AI, built on a video game sandbox platform. There are two active-learning simulated conflicts: first, Operation BALTIC SHIELD, a high-intensity conflict in Latvia involving Russia and NATO; second, the Sahara Crisis, a low-intensity conflict involving various belligerents in the north African region. The focus in the first scenario is “operational lawyering” in an imagined military legal advisor capacity. The focus in the second is on an investigative mandate in which an imagined UN investigator is charged with unearthing events.

This courses, in its very nature, is about violence. The video imagery is not gratuitous, but students will be working with material that is rated “M” for mature audiences.

By the end of the active learning component of the course, you should be able to:

• identify international law concepts relevant to real-world international disputes;
• apply international law concepts to complicated, real-world facts as part of a process of “operational” lawyering;
• assess the merits of international law claims arising in real-world international disputes;
• analyze the relevance of international law to real-world international disputes; and,
• construct basic predictions concerning the trajectory of real-world international disputes.

It is not possible to pursue a passive learning strategy in this class.

Prior International Law Courses not Required

There is no formal prerequisite to this course. Students who have not taken an introductory course in international law (and those who wish a refresher) will be directed to a short sequence of "primer" video explainers that they should complete in advance of the course. This will give students a sufficient background to under the terminology and context for the material in this course.

Students who have taken other, more specific courses *at the law school* in international humanitarian law (IHL) should not take this course. (For example, International Humanitarian Law, 1105D, offered in 2022 and before.) This is because much of the content of this course will be the same, even if the approach to the material is different. I will consider the possibility of JD students who nevertheless wish to take this course registering in it, and also completing the requirements typically assigned to graduate students, described below. Please contact the professor at cforcese@uottawa.ca to discuss.

NB: This proviso about duplicative courses does not extend to IHL course that students may have taken outside of a law school, in their other academic programs. Nor does it include courses where IHL was present, but not the focus.

If you wish to discuss the degree of overlap with past courses to confirm whether enrolment is advisable, please contact the professor at cforcese@uottawa.ca. I will generally support students inclined to build expertise in this area, and will only advise against enrolment where there is a preponderance of material that overlaps.

National Security Law

Official description:

Critical analysis of the concept of national security, defined as the protection and preservation of a state's values, institutions and the well-being of its citizens in the face of such threats as armed attack, terrorism, natural disasters or other emergencies. Examination of Canadian and international laws governing efforts to preserve national security. The laws of the United States, the United Kingdom and other jurisdictions will also figure in the discussion. The conflict between national security imperatives and human and civil rights at both the international and national level will be a key preoccupation of the course.

Detailed description:

There is no single universally accepted definition of national security. For purposes of this seminar, we adopt a working definition: national security is concerned with the protection and preservation of a state’s values, institutions and the well-being of its citizens. It is a concept that has a strong association with law enforcement and military preparedness, and sometimes co-exists uncomfortably with the rule of law. Defined in this way, national security can be seen to be an expansive concept with profound consequence. The very flexibility that ensures it is able to adapt to changing circumstances can be the source of uncertainty, even abuse.

This seminar focuses a critical eye on the Canadian context. We examine Canadian laws and efforts to protect and preserve our national security. In this semester, we focus specific attention on the law governing: the mandates of Canada's security and intelligence agencies and services; terrorism; weapons of mass destruction; cyber-security, espionage and foreign influenced activities; deployment of the Canadian Armed Forces; national security secrecy; intelligence-gathering; national security surveillance; intelligence-sharing within Canada and internationally; administrative measures relating to national security (such as no-fly lists); and national security detention.

Learning Objectives

Upon successful completion of this course, you will be able to:

• analyze and appraise legal tools used in Canadian national security law;

• apply these legal tools in discussions of policy issues relation to national security;

• articulate, justify and explain reasoned opinions clearly and concisely in short-form written analyses;

• articulate, justify and explain reasoned positions clearly and concisely in formal oral presentations; and,

• research and analysis topics of national security law in comprehensive research projects.

Last taught: 2023-24

Law, Politics and Economics in International Affairs

Course Overview

This course explores the linkages and differences between the disciplines of law, political science, and economics as they relate to international affairs using a mix of synchronous exercises and student presentations, and asynchronous lectures, readings, videos and quizzes. Designed for graduate students in the combined MA/JD program with a pre-existing knowledge of international law, this course examines the roles law plays in international affairs and the manners in which underlying assumptions in law, political science and economics affect the consideration of these issues.  The course begins with interactive discussions of fundamental theoretical and practical issues relating to the place of international law in international affairs, using examples drawn from current events, followed by detailed student-led examination and critique of key international “legal incidents”.

Learning Objectives

We have designed this course to promote the following learning objectives. Upon successful completion of this course, you will be able to:

• recognize both general and specialized international legal principles;

• analyze the impact of international law on international relations (and the vice versa), in particular the relationship between political, economic and legal considerations;

• apply international legal principles to practical situations;

• assemble clear, concise, timely and effective legal advice to policy-makers;

• write clear, concise, and effective policy briefs and analytical papers;

• demonstrate consciousness of cognitive biases that can prejudice effective policy-making, and

• present legal analysis in a formal setting clearly and effectively.

Last taught: 2023-24

Administrative Law

Official description:

This course examines legal control over the administrative process and the exercise of power by public officials as these controls have developed in the administration, the legislature and the courts. Particular attention will be devoted to administrative procedure, including the right to notice and comment prior to the exercise of administrative power, the meaning of bias and impartial tribunals in various administrative settings, judicial review of administrative action, and remedies available.

Section specific description:

Put formally, administrative law deals with key statutory, common law and (occasionally) constitutional constraints on the actions of government officials, and with those remedies available when these constraints have been violated. In every material respect, it is the "law of government accountability". Administrative law determines the way in which the state interacts with the people, in a manner that is much more immediate than constitutional law.
I have concrete intellectual learning objectives for this course. By the end of this course, you should:

• appreciate the origins of administrative law and understand how administrative law relates to other areas of public law;
• appreciate the scope of delegated power in governance and the role of the courts in supervising the exercise of this power;
• understand the procedural obligations imposed on administrative decision-makers at common law and by statute, and the Charter;
• understand the jurisdiction of the Federal Court and the Ontario Superior Court of Justice in policing administrative decision-making;
• understand the substantive legal principles governing judicial review of administrative decision-making; and,
• understand the remedies available to applicants on judicial review.

I also have concrete skill learning objectives for this course. By the end of this course, you should be able to:

• Identify legal issues presented to you in a slurry of undigested facts;
• Navigate administrative law principles, tribunal rules and decisions to propose reasonable outcomes to legal problems.
• Be able to work ethically with clients in resolving administrative law problems;
• Be able to advance a case in front of a representative administrative tribunal;
• Be able to advise clearly and succinctly an employing law firm or tribunal on the procedural rules that govern administrative proceedings;
• Be able to prepare a basic judicial review application of an administrative decision; and,
• Be able to perfect that application.

Last taught: 2023-24

Past Courses

National Security Crisis Law (2017-18)

In association with the Department of Justice Canada, uOttawa JD and LLM students are participating in the Georgetown National Security Crisis Law course and simulation, taught by Professors Laura K Donohue and Alan D Cohn of Georgetown law school, Washington DC. 

Georgetown Law’s National Security Crisis Law (NSCL) offers a capstone experience for students who plan to pursue careers in National Security Law.

NSCL focuses on the authorities and processes that shape decisionmakers’ responses to crises. It takes into account conventional and non-conventional threats—such as cyber threats, biological weapons, narcotics trafficking, attacks on the energy infrastructure and the financial services industry, and the detonation of radiological devices—to examine the constitutional, statutory, and administrative contours of the government’s response.

Canadian legal dimensions will figure in this year’s version of NSCL. Instructors on Canadian law and operations will include Professor Craig Forcese, uOttawa, and legal counsel from the Justice Canada’s National Security Litigation and Advisory Group.

Public and Constitutional Law (2016-17)

Substance

This course is co-taught by Professors Craig Forcese and Michael Pal.  Part I of the course, taught by Professor Forcese, will introduce students to the public law setting, focusing on the broad principles of public law that undergird the Canadian legal system. Upon successful completion of this part of the course, you will:

• be familiar with the sources of law in the Canadian legal system;

• be familiar with the constitutional underpinnings of the Canadian legal system; and,

• appreciate the essential principles of the Canadian legal system, such as the rule of law, parliamentary sovereignty, constitutional supremacy, federalism, separation of powers and the independence of the judiciary

In Part II of the course, Professor Pal will guide students through a detailed study of the Canadian Charter of Rights and Freedoms and constitutional remedies.  Upon successful completion of this part of the course, you will:

• be familiar with the central debates surrounding the implementation and interpretation of the Charter;

• understand the structure of the Charter, including the function of the limitations clause and the notwithstanding provision;

• understand the sections of the Charter related to the right to vote, freedom of expression, freedom of religion, equality rights, and the right to life, liberty, and security of the person, and the jurisprudence interpreting them; and,

• appreciate the nature and range of remedies for breaches of the Charter.

In Part III of the course, led by Professor Forcese in Winter term, students will examine in greater detail the organization of the courts and the structure, role and functions of the legislative and executive branch.  Here, we also focus on legislative and the legislative process. Upon successful completion of this part of the course, you will:

• understand the membership and functions of the branches of government, the interplay between the branches of government and the role of the courts in overseeing administrative action;

• appreciate the scope and importance of legislation in the Canadian legal system;

• understand the federal legislative process; and,

• understand concepts relating to statutory interpretation.

In addition to these matters, students should expect to be exposed to questions of government accountability through such instruments as the Access to Information Act, and (time permitting) the Lobbying Act, the Conflict of Interest Act and the Canada Elections Act.  Students will file an federal access to information request in September and hopefully receive a response by February.

Last taught: 2016-2017.

Public Law and Legislation

This course constituted an introduction to legislation and public law, focusing on the structure of the Canadian legal system, including: sources of law, the federal legislative process and statutory interpretation; the legal system's constitutional basis; the organization of courts and tribunals in Canada and appeal processes; and the role of the courts in overseeing legislative and administrative action. 

It has now been superseded by Introduction of Constitutional and Public Law. However, the full final syllabus remains hosted at H20 and is accessible here.