International Law & Collective Memory (Moshe Hirsch)
The proposed course aims to introduce students to key sociological elements, discuss the sociological dimension of international law, and analyse various international legal issues from sociological perspective (prominently interactions between tribunals and collective memory). The course includes the following topics:
I. The sociological perspective and the sociological dimension of international law
II. Core sociological theories and international law: global and regional trade agreements in the WTO legal system.
III. Diffusion of norms in the international legal system interpretive communities and the interactions between investment tribunals and human rights treaties.
IV. Collective memory and international law: the role of international tribunals in the construction of social memories, states' collective memories and international law (the EMU law and Germany, Colombia and the Inter-American Court of Human Rights).
V. Socialization, social identity and international law: enforcement of human rights treaties by EU trade measures, and interpretation of international treaties
VI. The sociology of deviance and compliance with international law: international social control mechanisms, social labelling and additional social causes of international deviance; the challenge of enhancing compliance with international law.
VII. Cognitive Sociology and international law: the prohibition of discrimination in international human rights and economic law and the implementation of international treaties.
VIII. Concluding discussion: the potential and limits of sociological inquiries into law and international law.
The proposed course draws on a both theoretical and analysis empirical research work. The discussion on some topics will employ sociological theories (e.g., identity and enforcement of human rights norms by the EU, or deviance and violation of international law), empirical research methods (such as diffusion of norms in the international legal system and recent developments in investment tribunals' jurisprudence), and the analysis of some topics will involve both theoretical perspectives and empirical tools (e.g., the role of in international tribunals in the development of collective memories).https://www.iisj.net/en/master-oficial/programa-20212022/cursos/international-law-collective-memory