Course Profile Canadian and International Law (CLN4U), Grade 12, University Preparation, Public

Unit 4: International Law

Time: 25 hours

Unit Description

Students look at the main concepts and principles of international law. Students use the concepts as a basis for investigating global issues in international law, as well as the agencies that currently enforce this law. Students assess the role of treaties and agreements in resolving international problems and use current events as a means of analysing the complexity of world problems. Students apply their learning to the analysis of the use of international law in one particular case study.

Unit Synopsis Chart

Activity	Time	Learning Expectations	Assessment Categories	Tasks
4.1 Principles of International Law	3 hours	RDV.03, RDV.05, RD3.01, RD3.02, LIV.03, LI3.01, LI3.02	Knowledge/ Understanding Thinking/ Inquiry Application Communication	Students participate in a simulation involving the principles of international law.
4.2 Global Concerns and Agencies	3 hours	RDV.03, RD3.03, RD3.04, LIV.01, LIV.03, LI1.04, LI2.01, LI3.01, LI3.03, LI3.06	Knowledge/ Understanding Thinking/ Inquiry Communication	Students explore international systems for the protection of human rights and focus on a selected case.
4.3 International Treaties and Agreements	3 hours	RDV.04, RD4.01, RD4.02, RD4.03, RD4.04, LIV.01, LIV.02, LIV.03, LI1.04, LI2.02, LI3.01, LI3.05	Knowledge/ Understanding Thinking/ Inquiry Communication	Students analyse the concept of treaties and focus on a selected treaty for research and presentation.
4.4 Global Conflict and Resolution	6 hours	RDV.05, RD5.02, LIV.01, LIV.02, LIV.03, LI1.01, LI1.02, LI1.03, LI2.01, LI2.02, LI2.03, LI2.04, LI3.02	Knowledge/ Understanding Thinking/ Inquiry Communication	Students investigate the role and importance of the world court, as well as a case study on the resolution of an international conflict.
4.5 International Intervention	6 hours	RDV.05, RD5.01, RD5.01, RD5.04, RD5.05, LIV.01, LIV.02, LIV.03, LI1.02, LI1.02, LI1.04, LI2.01, LI2.02, LI2.04, LI3.01, LI3.02, LI3.03	Knowledge/ Understanding Thinking/ Inquiry Communication	Students investigate historical and current examples of international intervention.
4.6 International Law in Action – Global Issue Conference	4 hours	RDV.03, RDV.04, RDV.05, LIV.01, LIV.03, RD3.01, RD3.02, RD3.03, RD3.04, RD4.01, RD5.01, RD5.02, RD5.03, RD5.04, LI1.01, LI1.02, LI1.03, LI1.04, LI2.01, LI2.04, LI3.01, LI3.02, LI3.03, LI3.04, LI3.05, LI3.06	Knowledge/ Understanding Thinking/ Inquiry Application Communication	Students role-play the delegates of a conference involving a global issue of concern.

Activity 4.1: Principles of International Law

Time: 3 hours

Description

Students participate in a simulation based on the need for international law. Students take the roles of representatives for different nations in the world and must arrive at solutions to disputes among/between them. Students are introduced to the major concepts and principles of international law. Students find the meaning of law-related terms, such as extradition, customary law, and diplomatic immunity, in the context of international relations.

Strand(s) & Learning Expectations

Strand(s): Regulation and Dispute Resolution, Methods of Legal Inquiry

Overall Expectations

RDV.03 - demonstrate an understanding of the major concepts, principles, and purposes of international law;

RDV.05 - demonstrate an understanding of the complexity of making, interpreting, and enforcing law on a global scale;

LIV.03 - explain, discuss, and interpret legal issues orally and in writing.

Specific Expectations

RD3.01 - explain the major concepts of international law;

RD3.02 - demonstrate an understanding of the sovereignty of nation-states as an overriding principle of international law;

LI3.01 - effectively present ideas, opinions, and arguments orally;

L13.02 - justify and support opinions, using proper legal terminology and informed research.

Prior Knowledge & Skills

Students have knowledge of the relative powers of nations after World War II from Grade 10 Canadian History in the 20th Century. Students have participated in simulations and cooperative learning experiences in previous courses.

Planning Notes

· This simulation highlights the types and nature of disputes among nations. Each student is a member of a government of a state involved in at least two international disputes. Disputes of any kind may affect a nation and thus are of concern to all. Each nation is scored on how “well” it does, according to the successful resolution of the disputes (scored with a plus/minus). Scoring is not intended as assessment.

· Decide on the membership of the nations: group A, Alpha; group B, Beta; group C, Ceta; group D, Delphi; group E, Epsilon; and group F, Fava. Alpha and Beta have the most students (five or more students each); Ceta and Delphi have three or four students each; Epsilon and Fava have two or three students each. The teacher may prepare the groupings beforehand, as well as problem/crisis cards as part of the process of the simulation. Note: This simulation requires a minimum of 20 students.

· Alpha and Beta are nuclear superpowers; Ceta and Delphi are middle powers; Epsilon and Fava are emerging world countries. The object of the game is to achieve all national objectives at the least possible cost to the nation.

· Write short profiles of the various nations to provide students with details about their roles.

· Provide envelopes and forms for nations to record their responses from one nation to another.

· Develop a list of rules for the simulation. Basic rules include those that apply to classroom conduct and those that apply to international law, e.g., open treaties, meaningful negotiations, etc.

Teaching/Learning Strategies

1. The teacher explains that this unit of study concerns international law and is introduced through a simulation (see Planning Notes). Students, in pairs, brainstorm the terms superpower, middle power, and developing power, and the power and influence each has in terms of international relations. Write selected ideas on the board. Once all students have been assigned a country, they can re-arrange the desks to form nations with as much privacy as is possible. Each nation should select a leader and an advisor to deal with each problem. The remaining students assist in the process of decision-making. Groups are given time to develop a profile of their nation, e.g., population, industries, system of government, etc., and prepare their nation’s goals in the international situation.

2. Assign students a list of key vocabulary to be defined and then used in the simulation, e.g., extradition, customary law, diplomatic immunity, etc. This list is collected at the end of the simulation.

3. The game is played in turns; each turn of 20 minutes represents a year. Signal a shift by holding up a sign or marking on the board, e.g., Year 2. Five or six years constitute a game unless nuclear war terminates the game. Review the rules for the game with students. (See Planning Notes.)

4. At the start of the simulation, students, as a nation, must initiate action or respond to problems that develop or are prompted by the teacher. Create problems that simulate real situations in international relations. Students try to resolve the problems. Examples of problems are:

· Alpha has a dispute with Ceta over water;

· Alpha has a dispute with Beta over peace, security, and freedom;

· Epsilon has seized 100 members of Alpha’s embassy;

· Beta has a dispute with Fava over detained citizens;

· Ceta has a dispute with Delphi over fishing rights;

· Epsilon has a dispute with Fava over a disputed border;

· Delphi and Beta have a trade dispute over Delphi’s subsidized agriculture.

5. Students may select their actions from some of the following initiatives and responses:

· request talks over matter of common concern;

· strong protest and demand talks;

· accept/refuse arbitration;

· cut off all trade;

· threaten war and attack (non-nuclear) or threaten nuclear war;

· suggest an international committee or organization intervene in the dispute.

To send an initiative or response, students fill out a form, place it in a labelled envelope, and give it to a member of their national group who delivers it to the other nation. This is the only official correspondence. When talks or arbitration have been agreed to, students of one nation go and meet with the other nation. All treaties or agreements must be written up and approved/signed by the leaders.

6. Assign points (plus/minus) based on the behaviour of the nations and each nation’s respective goals. Review the completion of the vocabulary list with the class.

7. At the end of the simulation, debrief the participants to assess the game and its connection to international law. National groups should prepare for this debriefing by answering the questions:

· How well did our nation do during this simulation?

· How well did the world do during this simulation?

· What were the goals of our nation? How well did we achieve the goals?

· What factors affected the achievement of those goals?

· What rules, if any, did we operate under?

· How does this simulation relate to international law?

· What concepts does it simulate well? How could it be improved?

8. Students are introduced to the unit summative activity (see Activity 4.6) to begin preparation.

9. Students write a response on the most important thing that they learned about the concepts of international law during the simulation.

Assessment & Evaluation of Student Achievement

Note: Numbers refer to Teaching/Learning Strategies

2. Formative assessment of list of definitions

2-7. Formative assessment of work in groups and participation in the game (Appendix 4.1.1)

9. Formative assessment of reflective response.

Accommodations

· Ensure a balance and appropriate mix of students when establishing groups. Review the skills and responsibilities of individuals in cooperative groups.

· During the simulation, the reflective response could be a taped or oral analysis of learning.

· Provide a map of the world of the simulation to show geographical position and size of nations.

Resources

Brownlie, Ian. Principles of Public International Law, 5th ed. Oxford University Press, 1998.

Dickinson, Gregory, et al. Understanding the Law. Newmarket, ON: McGraw-Hill Ryerson, 1995.

Marcotte, Carolyn, et al. Learning About Law. Newmarket, ON: McGraw-Hill Ryerson, 1997.

Von Glahn, Gerhard. Law Among Nations: An Introduction to Public International Law, 7th ed. Pearson Education Canada, 1996.

Websites

Department of Foreign Affairs and International Trade – www.dfait-maeci.gc.ca

International Law Dictionary and Directory – www.august1.com/pubs/dict/i.htm

International Law Study Centre, University of Tasmania – www.comlaw.utas.edu.au/law/intlaw

Newman, William H. “Active Engagement of the Intro IR Student: A Simulation Approach” –http://www.findarticles.com/cf_dls/m2139/4_33/69300245/p1/article.jhtml?term=%2BSimulation+%2Bgames+%2Bin+%2Beducation+%2BUsage

Appendices

Appendix 4.1.1 – Simulation Participation Formative Self-Assessment

Appendix 4.1.2 – Simulation Scoring (not used for evaluation)

Activity 4.2: Global Concerns and Agencies

Time: 3 hours

Description

Students investigate the origins of the international framework for the protection of human rights, as well as some of the issues involved in international systems of human rights. They then use a series of important international cases to analyse the implementation of the principles of international law and some of the issues arising from the process. Finally, students use one case as the basis for a short summary and identify the significance of the case.

Strand(s) & Learning Expectations

Strand(s): Regulation and Dispute Resolution, Methods of Legal Inquiry

Overall Expectations

RDV.03 - demonstrate an understanding of the major concepts, principles, and purposes of international law;

LIV.01 - use research methods appropriately to gather, organize, and synthesize information;

LIV.03 - explain, discuss, and interpret legal issues orally and in writing.

Specific Expectations

RD3.03 - identify global issues that may be governed by international law;

RD3.04 - explain the role and jurisdiction of the agencies responsible for defining, regulating, and enforcing international law;

LI1.04 - compile summary notes in a variety of forms and for a variety of purposes, including research and preparation for debates, oral presentations, mock trials, tests, and examinations;

LI3.01 - effectively present ideas, opinions, and arguments;

LI3.03 - use legal terms accurately and appropriately for a variety of purposes and audiences;

LI3.06 - demonstrate respect for the opinions and perspectives of others in discussing legal issues.

Prior Knowledge & Skills

Students have knowledge of the concept of human and civil rights as well as current events on the international scene. Students have studied aspects of human rights in their Grade 10 Civics course.

Planning Notes

· Develop and duplicate a handout on case studies relating to jurisdictional disputes, refugees/asylum, and trade agreements.

· In newspaper articles and on newspaper websites, locate a group of relevant, specific, and timely news items as examples of the protection of human rights in the world community.

· Book computer time for Internet research for the group activity.

· Make copies of the UN Charter.

· Prepare a list of websites for student research.

Teaching/Learning Strategies

1. Use a current events example or a hypothetical case to introduce students to the key ideas of the protection of human rights and the development of the idea of international collective security to solve disputes in the world. Students think/pair/share their thoughts about how these ideas came about.

2. In small groups, students assess their prior knowledge and extend their knowledge using key questions:

a) Are the rights and freedoms that Canadians enjoy universally acknowledged or equally applied throughout the international community? Why or why not?

b) What types of international standards must be adopted to protect rights worldwide?

c) Why are human rights difficult to protect at the international level?

d) What are some governmental and non-governmental organizations that are important in dealing with human rights violations?

e) What does the term international collective security mean?

f) What factors contributed to the establishment of the League of Nations after World War I and the United Nations after World War II?

g) What are the primary objectives of the United Nations as stated in its Charter?

h) Is the UN Charter a “constitution” for all nation states? Why or why not?

i) Why is the UN not considered a world government?

j) Do you believe a world government is possible or desirable? Why?

Students use the classroom text and other selected sources for information. Students present their ideas in class discussion or in representative groups. Highlight the themes and issues involved in the discussion, e.g., the problem of one standard for human rights that is world wide, as a debriefing.

3. Students look at specific cases that highlight issues and problems in international law. Model an example of finding main ideas in a case study, e.g., the main question in the case, the sides in the case, the ideas presented by both sides, and the outcome of the case. Organize students in expert groups of four or five. Each expert group explores a case study dealing with a jurisdictional dispute, a refugee/asylum issue, or a trade agreement.

Jurisdictional Disputes

· Coumas v. Superior Court (1948)

· Kwakita v. United States (1952)

· The S.S. Lotus, France v. Turkey (1935)

· The Harvard Research in International Law. Jurisdiction with respect to Crime (1935)

· Attorney General v. Eichmann (1961)

· Regina v. Anderson (1868)

· Regina v. Leslie (1860)

· UN v. Flores (1933)

· UK v. Norway Fisheries case (1951)

Refugees and Asylum

· Filartiga v. Pena Irala (1980)

· The Manuel Noriega case (1990)

· Colombia v. Peru (1950)

Trade Agreements

· Re Maple Lodge Farms Ltd and the Government of Canada, et al (1980)

4. Group members read their individual cases and summarize the main points in the case study. They may also use the Internet to find other information concerning the case. Students share their ideas and reach agreement on a list of common points for their article or case study. After each group completes a list, students form mixed groups of experts from the various case studies. Each group member summarizes his/her case orally while the other group members listen and make notes. In a large class, the teacher may use double groups of four to five case studies.

5. As a whole class, students discuss what they learned from the group work and questions they have about the issues raised in the discussion.

6. Students continue with preparation for the summative unit activity.

7. Students write a short “This Day in Legal History” paragraph, summarizing the importance of one of the other cases they listened to in their groups. Review the assessment rubric with the class when assigning the paragraph.

Assessment & Evaluation of Student Achievement

Note: Numbers refer to Teaching/Learning Strategies

1, 3. Roving conferences by the teacher to ensure that students are on task and to help students with any concerns.

1, 3. Using a checklist, formative teacher assessment of group discussions while students are working in their groups. (Appendix 4.2.1)

4. Formative teacher assessment of the notes taken in the group work.

5. Summative evaluation of written summary of the importance of a case. (Appendix 4.2.2)

Accommodations

· Provide a template for note taking from the presentations.

· Use one-on-one teacher assistance to review note taking.

Resources

Brownlie, Ian. Principles of Public International Law, 5th ed. Oxford University Press, 1998.

Byers, Michael. Custom, Power and the Power of Rules: International Relations and Customary International Law. Cambridge University Press, 1998.

Dickinson, Gregory, et al. Understanding the Law. Newmarket, ON: McGraw-Hill Ryerson, 1995.

Kittichaisaree, Kriangsak. International Criminal Law. Oxford University Press, 2001.

Websites

Amnesty International – www.amnesty.org

CBC News in Review, “The UN: Struggling at 50” September 1995. Producer CBC, Distributed by CBC,
– http://cbc.ca/insidecbc/newsinreview/ (Video plus resource guide, various topics)

Gaubatz, K. “The Eichmann Case” – www.his.com/~clight/eichmann.htm

Gaubatz, K and K. Lane. “The Lotus” – www.gwu.edu/~jaysmith/Lotus.html

Gaubatz, K and J. Smith. “Noriega” – www.gwu.edu/~jaysmith/Noriega.html

Kwakita v. United States (1952) – http://laws.findlaw.com/us/343/717.html

Mildon, Marsha. “Law for A Broken World” – www.extension.ualberta.ca/lawnow/26-3sch.htm (found in Law Now. Published by the Legal Studies Program, Faculty of Extension, University of Alberta)

United Nations Charter – www.un.org/aboutun/charter

United Nations – www.un.org

Appendices

Appendix 4.2.1 – Observational Checklist for Assessing Group Discussions

Appendix 4.2.2 – Evaluation of This Day in Legal History Paragraph

Activity 4.3: International Treaties and Agreements

Time: 3 hours

Description

Students identify treaties with which they are familiar and brainstorm some of the concepts associated with treaties and agreements. Students develop definitions for key terms in the study of treaties and analyse the Vienna Convention on the Law of Treaties to identify key aspects of treaty formation. They then research existing treaties for a short class presentation.

Strand(s) & Learning Expectations

Strand(s): Regulation and Dispute Resolution, Methods of Legal Inquiry

Overall Expectations

RDV.04 - evaluate the effectiveness of international law, treaties, and agreements in resolving conflicts of a global nature;

LIV.01 - use research methods appropriately to gather, organize, and synthesize information;

LIV.02 - evaluate the credibility of sources;

LIV.03 - explain, discuss, and interpret legal issues orally and in writing.

Specific Expectations

RD4.01 - explain the impact of international trade agreements on sovereignty by examining selected trade agreements;

RD4.02 - evaluate the effectiveness of international treaties for the protection of the environment;

RD4.03 - explain the purpose of international jurisdictional and boundary treaties;

RD4.04 - evaluate the effectiveness of international treaties for the protection of human rights;

LI1.04 - compile summary notes in a variety of forms and for a variety of purposes, including research and preparation for debates, oral presentations, mock trials, tests, and examinations;

LI2.02 - identify the frame of reference and purpose of data.

Prior Knowledge & Skills

Students may have knowledge of the Canadian private law system and contract law from Grade 11 Law.

Planning Notes

· Prepare a list of terms and copies of the Vienna Convention on the Law of Treaties or book a computer lab for students to complete online research of the document

· Prepare a guide to the various sections of the Vienna Convention on the Law of Treaties

· Have a law dictionary or several law dictionaries in the classroom

Teaching/Learning Strategies

1. Students think about treaties that they are familiar with and list some of these ideas on the board, e.g., NAFTA. Students think/pair/share by first thinking about the word treaty, then pairing up to share main ideas, create definitions, and arrive at a consensus. Students share the main ideas that emerged from their discussion. List these points on the board or on an overhead.

2. Students compare their definitions with a variety of established definitions from law dictionaries, textbooks, etc., to determine the degree of consistency with legal definitions. The board list may be edited or added to on the basis of new or inconsistent ideas.

3. Students, in small groups, compare the ideas associated with a treaty to ideas associated with a domestic contract, using a small comparison organizer. Students orally identify points of similarity and difference.

4. Introduce students to the Vienna Convention on the Law of Treaties (May 23, 1969), which establishes the rules for making treaties (Articles 2, 46, 47, 51, and 52). In small groups, students use a copy of the Vienna Convention or a relevant website to find answers to the questions:

· How is the Convention organized?

· What is the importance of the various sections of the document?

· What are the rules for making treaties according to the Vienna Convention?

· What are the principles for interpreting the treaties should disagreements arise?

· Why is the Vienna Convention a binding document?

· When do treaties cease to be binding?

· What impact does this convention have on Canada?

Establish complete answers to these questions through representative reports and class discussion.

5. Students use the text or a legal dictionary to find the meaning and importance of terms that treaties use, e.g., lawmaking treaties, conventions, alliance, pact, covenant, charter, protocol, declaration, compromise, act, statute, as well as the differences between bilateral and multilateral treaties, e.g., the Canada-US Free Trade Agreement and the North American Free Trade Agreement among Canada, the US, and Mexico. Review key vocabulary with the class.

6. Students, in groups of three or four, use the library/resource centre to research and report on a chosen historical or existing treaty. Model skim reading for analysing long documents, such as treaties. Students use the following as key sub-topics in their reports:

· the nations involved in the treaty;

· the treaty’s function;

· the treaty’s classification as political, social, or economic;

· the treaty’s general or specific concerns;

· key terms used in the treaty;

· the treaty’s bilateral or multilateral nature.

Examples of treaties are:

· The North American Free Trade Agreement (NAFTA);

· The United Nations Charter;

· The Convention on Narcotic Drugs;

· North Atlantic Treaty Organization (NATO);

· Convention for the Protection of the Ozone Layer;

· Vienna Convention on Diplomatic Relations and Optional Protocols;

· 1992 Chemical Weapons Convention.

7. Students then present a short group report of their findings to the class, using a handout to summarize the main ideas. The class takes additional notes on the presentations.

Assessment & Evaluation of Student Achievement

Note: Numbers refer to Teaching/Learning Strategies

6. Formative assessment of group presentations

7. Formative assessment of each student’s notes taken during the presentations

5. Summative quiz on terms and concepts

Accommodations

· Prepare a template for the organization of the report.

· Support new vocabulary development through mini-dictionaries and a reference law dictionary.

· Handouts of charts may be helpful to students with visual and spatial difficulties.

· Provide an abridged version of the Vienna Convention on the Law of Treaties (May 23, 1969).

Resources

Dickinson, Gregory, et al. Understanding the Law. Newmarket, ON: McGraw-Hill Ryerson, 1995.

Malanczuk, Peter, et al. Akehurst’s Modern Introduction to International Law, 7th ed. Routledge, 1997.

Websites

Chemical Weapons Convention – www.opcw.nl/cwc/cwc-eng.htm

Department of Foreign Affairs and International Trade – www.dfait-maeci.gc.ca

Department of Foreign Affairs and International Trade: Legal and Regulatory Information
– www.voyage.gc.ca/Consular-e/Legal/legal_menu-e.htm

International Humanitarian Law: International Committee of the Red Cross – www.icrc.org/eng/ihl

North Atlantic Treaty Organization – www.nato.int/home.htm

North American Free Trade Agreement – www.nafta-sec-alena.org/english/index.htm

United Nations Conventions on Drugs – www.incb.org/e/conv

United Nations Charter – www.un.org/aboutun/charter/index.html

Vienna Convention for the Protection of the Ozone Layer – www.unep.org/ozone/vienna.shtml

Vienna Convention on Diplomatic Relations and Optional Protocols
– www.tufts.edu/departments/fletcher/multi/texts/BH408.txt

Vienna Convention on the Law of Treaties – www.greenpeace.org/~intlaw/vien-tr.html

World Trade Organization – www.wto.org

Activity 4.4: Global Conflict and Resolution

Time: 6 hours

Description

Students are introduced to ideas of how nations settle disputes and the differences between judicial and non-judicial means of settlement. After investigating the origins and organization of the International Court of Justice, students evaluate sources of information, research, and present a case study where international conflict was peacefully settled.

Strand(s) & Learning Expectations

Strand(s): Regulation and Dispute Resolution, Methods of Legal Inquiry

Overall Expectations

RDV.05 - demonstrate an understanding of the complexity of making, interpreting, and enforcing law on a global scale;

LIV.01 - use research methods appropriately to gather, organize, and synthesize information;

LIV.03 - explain, discuss, and interpret legal issues orally and in writing.

Specific Expectations

RD5.02 - compare methods of resolving conflicts by peaceful means;

RD5.03 - identify domestic laws that conflict with the principles of international law and explain how they violate those principles;

RD4.05 - explain the role of the International Court of Justice in the Hague in resolving issues between nations;

LI1.01 - formulate meaningful questions that lead to a deeper understanding of a legal issue;

LI1.02 - effectively conduct legal research, using traditional and non-traditional sources of information;

LI1.03 - classify and clarify information, using timelines, organizers, graphs, charts, and diagrams;

LI1.04 - compile summary notes in a variety of forms and for a variety of purposes, including research and preparation for debates, oral presentations, mock trials, tests, and examinations;

LI3.03 - use legal terms accurately and appropriately for a variety of purposes and audiences;

LI3.04 - create graphs, charts, organizers, images, and illustrations to support oral and written presentations;

LI3.05 - write clear, coherent, and logically organized reports, papers, and essays, observing the rules for ethical use of research material and following an accepted format for documenting sources.

Prior Knowledge & Skills

Students have an introductory understanding of the Canadian Court system and the United Nations from Grade 10 Civics. Students have learned the differences between national and international law.

Planning Notes

· Prepare library research assignment sheets. Book the library/resource centre and computers to facilitate Internet research for student projects.

· Locate examples of court cases at the International Court of Justice (see Resources).

· Prepare a rubric to evaluate student research and presentations.

Teaching/Learning Strategies

1. Students brainstorm situations where two or more nation states must resolve a mutual problem, e.g., the problem of acid rain, the question of extraction, the use of waterways that pass through two or more countries, etc., as well as possible solutions. Write selected answers on the board. Distinguish between different kinds of settlement, e.g., judicial and non-judicial.

2. Explain to students that they will be looking at the role of the International Court of Justice as a means of settling international disputes. Students use their texts and/or other resources to answer the questions:

· How can nations settle their disputes judicially? non-judicially?

· When was the World Court established?

· What is the purpose of the court?

· How is the court organized?

· Over whom does the court have jurisdiction?

· What procedures must the court follow?

· Must all members of the UN automatically accept the decisions of the court? Why or why not?

· How does the court deal with conflicts with domestic laws?

3. Students discuss the answers in small groups. Students compare and contrast judicial and non-judicial methods of resolving international disputes using an organizer.

4. Set up students in groups of three. Students choose and investigate how the International Court in The Hague has operated to resolve a conflict between two or more countries, e.g., Legrand case – Germany v. USA, 2001. Students research the cases using the guiding questions:

· Who were the parties in the dispute?

· What were the origins of the conflict?

· What was the legal issue?

· What was the process for solving the dispute?

· What were some problems involved in settling the dispute (e.g., domestic laws)?

· What was the decision and the rationale for the decision of the court?

· What is (are) a useful source(s) for this case? What is a questionable source?

Examples of case studies include the United States hostage crisis in Iran (1980) and the military and paramilitary activities in and against Nicaragua (1986).

5. Students present their research in the form of a report to the class, using a one-page handout to list important topics and key terms, as well as useful sources. Students take additional notes during the presentations.

6. Students list some of the successes and failures of the International Court of Justice, as well as how it could be improved, and discuss them with the class.

Assessment & Evaluation of Student Achievement

Note: Numbers refer to Teaching/Learning Strategies

2,3. Formative assessment of assignments and reports (Appendix 4.4.1)

4,5. Summative evaluation of group reports using a rubric (Appendix 4.4.2)

Accommodations

· Provide a template and sentence stems for analysing the individual case.

· The teacher may need to pre-select and pre-edit the material for the case studies.

Resources

Dickinson, Gregory, et al. Understanding the Law. Newmarket, ON: McGraw-Hill Ryerson, 1995.

Forsythe, David P., et al. The United Nations and Changing World Politics. Westview Press, 2000.

International Court of Justice: Questions and Answers About the Principal Judicial Organ of the United Nations. International Court of Justice, 2000.

Mingst, Karen A. and Margaret P. Karns. The United Nations in the Post-Cold War Era (Dilemmas in World Politics). Westview Press, 2000.

Shaw, Malcolm N. International Law, 4th ed. Cambridge University Press, 1997.

Websites

Amnesty International – www.amnesty.org

Canada Department of Justice: International Law Chronicle
– www.canada.justice.gc.ca/en/justice2000/libint.html

International Court of Justice – www.icj-cij.org

International Court of Justice (contentious cases)
– www.icj-cij.org/icjwww/idecisions/icasesbycountry.htm

United Nations-International Law – http://www.un.org/law/

World Court Digest – www.virtual-institute.de/en/wcd/wcd.cfm

Yale Library: International Court of Justice – www.library.yale.edu/un/un3a5.htm

Appendices

Appendix 4.4.1 – Judicial and Non-Judicial Means of Settling International Disputes

Appendix 4.4.2 – Evaluation of Individual Participation in Group Oral Presentations

Activity 4.5: International Intervention

Time: 6 hours

Description

Students investigate historical and current examples of international intervention to gain a better understanding of the complexities of this method of international law. Working individually, in pairs, and in small groups, students investigate the background of 20th-century international intervention in conflicts between nations. Students then use one recent example of international intervention as the basis for a simulated news program in which they analyse and evaluate the use of the intervention.

Strand(s) & Learning Expectations

Strand(s): Regulation and Dispute Resolution, Methods of Legal Inquiry

Overall Expectations

RDV.05 - demonstrate an understanding of the complexity of making, interpreting, and enforcing law on a global scale;

LIV.02 - evaluate the credibility of sources;

LIV.03 - explain, discuss, and interpret legal issues orally and in writing.

Specific Expectations

RD5.01 - explain how and why the use of force to resolve conflicts is limited in international law;

RD5.04 - evaluate the difficulties and effectiveness of international intervention in conflicts between nations;

RD5.05 - evaluate Canada’s role as a member of NATO and NORAD and its role in international peacekeeping;

LII.02 - effectively conduct research, using traditional and non-traditional sources of information;

LII.04 - compile summary notes in a variety of forms and for a variety of purposes, including research and preparations for debates, oral presentations, mock trials, tests and examinations;

L12.01 - distinguish among opinions, facts, and arguments in sources;

L12.02 - identify the frame of reference and purpose of data;

L12.04 - evaluate the credibility of published and Internet sources by analysing the quantity and quality of evidence presented, as well as the methods used by authors to support their claims;

L13.01 - effectively present ideas, opinions, and arguments orally;

L13.02 - justify and support opinions, using proper legal terminology and informed research;

L13.03 - use legal terms accurately and appropriately for a variety of purposes and audiences.

Prior Knowledge & Skills

Students have learned about the many needs for and purposes of international law. From the previous activities in this unit and the Grade 10 Canadian History in the Twentieth Century course, students are familiar with Canadian international roles and responsibilities. Students have developed an understanding of group dynamics and elements of proper presentations. Students have practiced giving short oral reports. Students should be familiar with the use of the Internet and with critical evaluation of websites.

Planning Notes

· Prepare an organizer for students to use in researching the historical examples of intervention.

· Reserve computer time and consult with the library staff to identify a list of suitable sources.

· Obtain the use of a school video camera for students who wish to use it in the news program.

· Check student knowledge of the Internet and review school and/or board Internet policy on ethical and safe use.

· Research the historical examples to be used.

Teaching/Learning Strategies

1. Students think about situations in which Canada has actively intervened in another country’s affairs and why this happened, e.g., Korea, World War I, Bosnia, Rwanda, etc. List the examples on the board, e.g., Korean War – as part of the United Nations, as an initial timeline format. Students identify some of the differences that existed in these interventions, e.g., as a colony of Britain, as a more independent nation, as a member of the UN, etc.

2. Review the history of international intervention in the 20th century on the board or develop a more elaborate timeline organizer. Students research these topics from text or selected sources:

· the causes of the World Wars;

· the failure of the League of Nations;

· the formation of the United Nations;

· the development of intervention in Korea;

· the development of NATO and NORAD.

3. Students contribute ideas from their groups to establish a class timeline and identify some of the trends in Canadian intervention that have appeared since 1945.

4. Introduce the topic of peacekeeping by using a KWL chart (what I Know, what I Want to know,
what I Learned). Students share their prior knowledge with the rest of the class.

5. Use the following news item for students to read on the board or on overhead:

“On December 10, 1988, UN Secretary-General, Javier Perez de Cuellar, accepted the Nobel Peace Prize on behalf of the 10,500 UN Peacekeeping forces from 30 nations, including Canada, on active duty around the world. The citation from the Nobel Peace committee stated that the United Nations force ‘made a decisive contribution toward the initiation of actual peace negotiations.’”

Students think about Canada’s role as a peacekeeper, its significance to our position in the world, and some of the advantages and disadvantages of being a peacekeeper. Students share their ideas in class discussion.

6. Students use their text or other sources to find information on the development and use of the
UNEF I and II (United Nations Emergency Force) since 1956, including the role of Lester Pearson, the considerations in using peacekeeping forces, the places where peacekeeping forces have been used, and some of the controversies concerning the effectiveness of peacekeeping in maintaining peace.

7. In groups of three to four, students research and write an International News in Review report, analysing a case of international intervention. Examples of topics are: the Gulf War (Jan. 16-
Feb. 28, 1991); Somalia; Rwanda; the Balkans; Afghanistan, etc. Students research:

· the problem;

· the groups who intervened and the degree of intervention;

· the Canadian role;

· the impact, effectiveness, and limitations of the intervention;

· the source material for the case.

This report should include an outline script for the class, key terms for understanding the case, and a list of sources consulted in the process of developing the report. The report should also include a map of the area, a timeline of events, and a recreated interview with one of the participants.

8. Students present their reports to the class. Students take additional notes during the presentation.

9. Students complete the KWL chart.

Assessment & Evaluation of Student Achievement

Note: Numbers refer to Teaching/Learning Strategies

2. Formative assessment of students’ group work using a checklist (see Appendix 4.2.1).

9. Formative assessment of KWL chart.

7,8. Summative assessment of the student’s oral and written report, using a rubric.

Accommodations

· Provide sample report structure and/or planner for the assignment.

· Allow and encourage students to use notes and visual aids in their presentations.

· Allow students to use scripts and videotape their presentations.

· Preview an example of a current events and news program with the class.

Resources

Christopher, Paul. Ethics of War and Peace: An Introduction to Legal and Moral Issues, 2nd ed. Pearson Education Canada, 1999.

Dickinson, Gregory, et al. Understanding the Law. Newmarket, ON: McGraw-Hill Ryerson, 1995.

Diehl, Paul F. International Peacekeeping: With a New Epilogue on Somalia, Bosnia and Cambodia Perspectives on Security. John Hopkins University Press, 1995.

Duignan, Peter. NATO: Its Past, Present and Future. Sanford University: Hoover Institution Press, 2001.

Jett, Dennis C. Why Peacekeeping Fails. Palgrave, 2000.

Kuperman, Alan J. Limits of Humanitarian Intervention: Genocide in Rwanda. Washington: Brookings Institution Press, 2001.

Wippman, David. International Law & Ethnic Conflict. Cornell University Press, 1998.

Audio-Visual

Canadians in the Global Community, “Unit 4: War, Peace and Security.” Produced by Pearson Education Canada.

CBC News-in-Review, “The Gulf War: Canada’s Military Role (Jan., Feb. 1992); “Bosnia: A Peacekeeper’s Nightmare” (Sept. 1992); “Somalia: War and Starvation” (Oct. 1992); “Somalia: Help Arrives” (Feb. 1993); “Bosnia: A Year of War” (May 1993); “Death in Somalia: Rules of Engagement” (Dec. 1993); “ Rwanda: The Crisis and the Challenge (Sept. 1994).

Forsaken Cries: The Story of Rwanda. Produced by McNabb & Connolly, distributed by Amnesty International USA, 1997.

Triumph of Evil. Produced by WGBH Educational Foundation, distributed by Visual Education Centre Limited, 1999.

Websites

Humanitarian Intervention and Somalia – http://newarkwww.rutgers.edu/guides/glo-som.html

Lester B. Pearson Canadian International Peacekeeping Training Centre (links page)

– www.cdnpeacekeeping.ns.ca/English/Links.htm

North American Aerospace Command – www.spacecom.af.mil/norad/index.htmwww.dnd.ca

North Atlantic Treaty Organization – www.nato.int

United Nations – www.un.org

United Nations Peacekeeping – www.un.org/Depts/dpko/dpko/home_bottom.htm

Appendices

Appendix 4.5.1 – Evaluation of News Report

Activity 4.6: International Law in Action – Global Issue Conference

Time: 4 hours

Description

Students role-play the delegates to a conference involving a global issue of concern to a variety of national and international interest groups. Students review a general proposal to react to the issue and they evaluate the proposal in an international conference format, stating viewpoints and proposals to generate consensus. Students research their group’s viewpoint on the issue, prepare a brief to the conference, debate the various views, and develop and vote on the various clauses of the resolution. They also analyse the outcomes and implications of those decisions. At the end of the simulation, students review their learning from the unit and write a report to their respective government or administrative group concerning the conference.

Strand(s) & Learning Expectations

Strand(s): Principles of International Law, International Treaties and Agreements,
Global Conflicts and Resolution, Methods of Legal Inquiry