課程資訊
課程名稱
國際法、歷史記憶與人權:臺灣與東亞
Human Rights and Historical Memory: Implications for Taiwan and East Asia 
開課學期
111-1 
授課對象
法律學院  法律研究所  
授課教師
羅牧 
課號
LAW6018 
課程識別碼
A21 M18A0 
班次
 
學分
3.0 
全/半年
半年 
必/選修
選修 
上課時間
第9,10,11,12,13,14,15,16 週
星期二2,3,4(9:10~12:10)星期四2,3,4(9:10~12:10) 
上課地點
霖研七1709霖研七1709 
備註
初選不開放。本課程以英語授課。密集課程。
限法律學院學生(含輔系、雙修生)
總人數上限:20人 
 
課程簡介影片
 
核心能力關聯
核心能力與課程規劃關聯圖
課程大綱
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課程概述

*IMPORTANT: For the course-add, please contact the TA via email and send a brief statement explaining your interest in the class and your contact information (student number) with a copy to Professor Camilo at cperezbustillo@gmail.com to get the authorization code. Thank you.

*This course would be online.

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“The early twenty-first century saw historians take a growing interest in global, transnational, world, international, and imperial history, while historians of political thought began to engage in and describe an ‘international turn in intellectual history’, a ‘renaissance in the history of international thought’, and the emergence of ‘global intellectual history’. Historians also began to undertake innovative research exploring the history of internationalism and international institutions. Both the global turn in history and the international turn in intellectual history fueled a new interest in histories of international law and international relations and fed into ongoing discussions in those fields about the way in which the past was drawn upon to inform current debates.”

Anne Orford, International Law and the Politics of History (Cambridge University Press 2021), p. 71-72

This course will explore how the history of international law and of international human rights have been intertwined, and have shaped contemporary conceptualizations, approaches, and cases throughout the world, from the perspective of the Global South. Our emphasis will be on the implications of global trends and case studies as to transitional justice and the relationship between historical memory and human rights for the Asia/Pacific region generally, and for Taiwan and East Asia specifically. Key global case studies will include Colombia, Mexico, Perú, South Africa, Sudan, Guatemala, El Salvador, Argentina, and Chile. Asian case studies will include Xinjiang and Tibet, Hong Kong, Tiananmen (1989), Southeast Asia (Vietnam, Cambodia), Afghanistan, East Timor, the Philippines, Indonesia, South Korea, Japan, and Myanmar (Burma) in addition to Taiwan.

Our emphasis will be on the convergence between issues related to international law, international criminal law, and international human rights law within the context of historical processes and their contemporary impact on regional and national law. This will include in depth analysis of themes and cases that have emerged within contexts of colonialism, imperialism, genocide, crimes against humanity and state violence, and a focus on the contributions of historical patterns and developments to an understanding of contemporary challenges.

We will approach these cases and their theoretical and conceptual implications from a de-colonial, critical, comparative, interdisciplinary, and intercultural perspective. This will include an emphasis on exploration of the increasing convergence in such contexts between international law and international human rights law, as well as related provisions of international humanitarian law and international criminal law, and their impact on regional and national legal and regulatory systems. This will include cases related to legacies of authoritarian rule during the Cold War era in Latin America, Africa, and Asia as well as in the post-Soviet context.

We will also explore the potential role in key cases of processes of transitional justice and tribunals of conscience (including Taiwan’s “Constitutional Court Simulation”) as mechanisms intended to help influence popular opinion as to complex human rights issues, and how literature and culture reflect the impact of contexts of transitional justice and armed conflict.

The focus of the course will be on an overview of the state of the art of the most recent, cutting edge inter-disciplinary scholarship regarding the historical origins, development, and impact, and social and cultural dimensions of the case studies we will explore, and on the responses and perspectives that have been generated by social movements grounded among affected groups.


Professor Camilo Perez Bustillo: cperezbustillo@gmail.com
課程助教(TA):吳虹儒(Annie Wu)
信箱:b09a01314@ntu.edu.tw
 

課程目標
Students should be able to:

Understand how processes of historical memory and transitional justice reflect the origins and development of the relationship between international law and international human rights globally, and its implications for case studies in Asia, from the perspective of the Global South

Define the relationship between key case studies in Asia (China/Taiwan, Tibet, Hong Kong, Korea, Vietnam, East Timor/Indonesia, Myanmar/Burma, the Philippines, Afghanistan), overall global trends and case studies, processes of national liberation, decolonization, and armed conflict in the Global South, and the development of international law and international human rights

Define key trends reflected in the cases we will explore in detail, and their similarities and differences

Define “crimes against humanity” within the context of these cases, and identify them within the framework of the Statute of Rome of the International Criminal Court and of related developments in international criminal law

Define “state violence” and “state terror” within the context of these cases, and their relationship to cases of armed conflict

Define “genocide” and how to apply this term within the context of these cases, and in relationship to contexts of armed conflict, with emphasis on its definition in international criminal law, and its relationship to issues of racism, xenophobia, and religious intolerance

Define the role of intent and complicity in contexts where armed conflicts, war crimes, and genocide converge, within the context of these cases

Define “feminicide” and its characteristics and implications within contexts of armed conflict, war crimes, genocide, and crimes against humanity, within the context of these cases

Define the relationship between “feminicide” and other forms of gender and sexual violence within contexts of armed conflict, within the context of these cases

Define the relationship between international, regional, and national courts and related monitoring and enforcement mechanisms within the context of armed conflicts, and how such mechanisms relate to reparations and guarantees of non-repetition, within the context of these cases

Define the potential role of transitional justice and tribunals of conscience (including Taiwan’s “Constitutional Court Simulation”) in helping shape and influence public opinion within contexts of armed conflict and mass human rights crimes

Analyze and discuss commonalities and differences between the case studies explored in the course, and their implications for contemporary scholarship and praxis 
課程要求
Methods of Instruction

The format of this course combines lectures, multi-media presentations (Power Point, video clips, examples of media coverage of relevant issues), discussions, brainstorming sessions, readings, and group tasks.

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Grades for this course will be determined as follows:

Assignments (3) 60%
Mid-semester proposal of final project 20%
Final Project 20%

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Assignments:

Three assignments will be given. These will be individual written assignments- 2-to-3-page essays of reflection and analysis- focused on assigned readings.

Mid-semester proposals of final paper topic:
2-3 pages, including brief description of proposed topic, research question and methodology, initial bibliography

Presentation of final research project (10 to 15 pg. comparative case study of a specific topic related to state violence; each student will prepare a mid-term proposal of this topic for review and approval by the instructor)

Each student will be expected to present their final research project to the rest of the class. Visual presentations are expected, and each student is expected to speak at the presentation. The length of each presentation will depend on the class size.
 
預期每週課後學習時數
 
Office Hours
 
參考書目
 
指定閱讀
1) Overall historical and theoretical frameworks

Steven L. B Jensen, The Making of International Human Rights: The 1960's, Decolonization, and the Reconstruction of Global Values (Cambridge Univ Press, 2016) (selected chapters)

Martti Koskiniemmi, To the Uttermost Parts of the Earth: Legal Imagination and International Power, 1300 to 1870 (Cambridge Univ Press, 2021) (selected chapters)

Francesca Lessa, The Condor Trials: Transnational Repression and Human Rights in South America (Yale University Press, 2022)

Anne Orford, International Law and the Politics of History (Cambridge University Press, 2021) (selected chapters)

Ntina Tzouvala, Capitalism as Civilization: A History of International Law (Cambridge Univ Press, 2021) (selected chapters)


2) Case Studies

Online readings related to specific cases (such as Colombia, Mexico, Guatemala, South Africa, Cambodia, Vietnam, Indonesia, the Philippines, etc.).

Viet Thanh Nguyen, Nothing Ever Dies: Vietnam and the Memory of War (Harvard University Press, 2016) (selected chapters)

Tsering Woeser, Forbidden Memory: Tibet During the Cultural Revolution (Potomac Books, 2006) (selected chapters)

Domenic Meng-Hsuan Yang, The Great Exodus from China: Trauma, Memory, and Identity in Modern Taiwan (Cambridge University Press, 2021) (selected chapters)
 
評量方式
(僅供參考)
 
No.
項目
百分比
說明
1. 
Assignments (3) 
60% 
 
2. 
Mid-semester proposal of final project 
20% 
 
3. 
Final Project 
20% 
 
 
課程進度
週次
日期
單元主題
第0週
Dec. 27, 29  Final oral presentations (final class Dec 29) 
第0週
Dec. 20, 22  NO CLASSES, PREPARATION FOR FINAL PAPERS AND PRESENTATIONS 
第0週
Dec. 13, 15   (British Empire/India case study): Chapters 9, 10, Epilogue in Insurgent Empire, p. 355-455 
第0週
Dec 8  (British Empire/India case study): Introduction, Chapters 6, 7, 8 in Insurgent Empire book, p. 1-37; 245-354 
第0週
Dec. 6  (Cambodia case study): The Justice Façade, Preface, Introduction, Part I (Preamble I, Chapters 1, 2, 3), p. 1-114; Preamble III, Chapter 9, Conclusion, p. 218-251 
第0週
Nov. 29, Dec. 1   (Taiwan, Vietnam case studies): The Great Exodus from China, Introduction and chap 1, p.1-85; Chapter 5, Epilogue, p. 214-277; Nothing Ever Dies, Prologue, “Just Memory”, Chapters 1-100 
第0週
Nov. 24  Chapter 9 in same book, p. 622-698; Epilogue, p. 952-967 
第0週
Nov. 17, 22  Chapter 7 in same book, p. 488-558 
第0週
Nov 10, 15  Chapter 4 in Koskenniemi, p. 280-345 
第0週
Nov 3, 8  Introduction, Chapter 2 in Koskenniemi book, To the Uttermost Parts of the Earth, p. 1-15; p. 117-211 
第0週
Nov 1  Introductory overview to course, key topics, readings