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Course Syllabus (Revised June 2, 2009)

Course Information

Linda Camp Keith, Ph.D.


Human Rights and International Law
PSCI-7381-09M (Summer II 2009)
Tues. and Thurs. 1-6 pm (Green 4.208)

Professor Contact Information

972-883-6481
linda.keith@utdallas.edu
Green 3.232

Course Pre-requisites, Co-requisites, and/or Other Restrictions

This is a graduate course. Students should be enrolled in a graduate program or have appropriate
permissions.

Course Description

This course explores the development of international human rights norms and the international
human rights regimes. We will examine the competing dominant theoretical perspectives
concerning the legitimacy and or effectiveness of international law and its treaty-based
organizations. We will examine the efforts of political scientists to understand what factors
influence the protection or provision of key human rights and we will examine the growing body of
empirical work that seeks to understand the gap between the promises of international law and
actual state practice.

The course will be taught as a graduate seminar, meaning that directed discussion will be the
primary teaching methodology. The course will also have a lab component in which we examine
some of the core human rights documents and measurements and which we examine at least one
documentary as text.

Student Learning Objectives/Outcomes

Upon completing this course, students will be able to fulfill the following objectives:

Will understand the development of international human rights regimes and will be able to
understand and critique the dominant theories concerning the effectiveness of the regimes and the
legitimacy international human rights norms.

Will be able to discuss and assess critically the major works in the empirical human rights literature
(including the broader literature as well as the specific literature on human rights agreements) and
will be able to discuss the implications of the work and to suggest future improvement and direction
in this subfield of political science.
Required Textbooks

Abouharb, Rodwan and David Cingranelli. 2008. Human Rights and Structural Adjustment.
Cambridge.

Carey, Sabine and Steven C. Poe. 2004. The Systematic Study of Human Rights. Ashgate Publishing.

Donnelly, Jack. 2007. International Human Rights, 3rd Edition. Boulder: Westview.

Totten, Samuel and Paul R. Bartrop. 2009. The Genocide Studies Reader. New York: Routledge.

Recommended Textbooks

Bohmer, Carol and Amy Shuman. 2008. Rejecting Refugees: Political Asylum in the 21st Century. New
York: Routledge Press.

Landman, Todd. 2005. Protecting Human Rights: A Comparative Study. Washington, D.C.:
Georgetown University Press.

The bulk of our reading will come from scholarly journals. They are listed in the weekly reading
schedule and may be accessed through the UTD journal databases. I will also attempt to have the
reference librarians put on e-reserve as many as possible. The course password will be sent out
when available.

GRADING POLICY

GRADING SCALE:

90-100% = A
80-89% = B
70-79% = C
Below 70% = F

UTD now does a variation of the plus/minus system for its graduate classes. It does not have plusses
but has minuses available. I will only give a student a minus if their course grade is at or within one
point of the cut-off point (80 or 81, 90 or 91, and so forth).

GRADING COMPONENTS:

Participation, Questions, and Lab Exercises (20%)


Short papers (30%-15% each)
Final Exam (50%)

PARTICIPATION: In a graduate course, participation in the class seminar is the core learning
methodology. Students are expected to read all of the assigned readings and to come to class prepared
to contribute significantly to the discussion of these materials. Additionally, I may on occasion ask
students to write an in-class response to one of the discussion questions (see below). Students will be
graded on the consistency and quality of their contribution to class discussion.

DISCUSSION QUESTIONS: For each class period students are responsible for writing TWO discussion
questions for the readings, including the first day of class. The questions should be thought-provoking
and written to stimulate scholarly conversation. The questions should be emailed to me as a Word
document (do not imbed into the email) by 10 am sharp on the day of the assigned readings. I will
compile a list that includes a selection of student questions plus additional questions that will be used
for class discussion. I will email out copies of the list of questions one hour prior to class. Students will
be graded on the quality and timely submission of questions for the class. Late questions will not
receive credit. The class is too large this summer to make such accommodations.

It should go without saying, but students are expected to read all of the assigned readings and to come
to class prepared to contribute significantly to the discussion of these materials. You will be graded on
the content of your participation on all class periods, not just those for which you are writing a paper.

LAB EXERCISES: We will have a lab component to the class every day. We will meet in the political
science computer lab for the last one to one and a half hours of each period. We will use this time to
explore key human rights reports and documents. We will also examine and critique some of the
dominant measures used in the human rights literature. Students will explore the process of actually
creating measures and coding and will participate in some trial runs as well. Students do not need to
have a statistical background for these exercises. There will not be a requirement for lab time outside of
the regular class period. Students will be graded on the consistency and quality of their contribution to
these exercises.

TWO SHORT CRITICAL ESSAYS: A core component of any graduate class is demonstrating that you are
conversant in the literature and able to critically assess the key works in the field. Students will sign up
to write critical essays on two particular class periods’ sets of readings (one Wed. class and one Mon.
class). Students who are the critical essays for a particular class should expect to be called upon
somewhat to facilitate the discussion.

The essays should be approximately three pages, single space in length. Each class’ readings will
examine a core question or set of related questions in the human rights sub-field of political science.
For first-time graduate students and our few undergraduate students, as you read each assigned reading
you are expected to identify the key questions that authors seek to address, the theory that informs
their explorations, the resulting hypotheses, means the authors employ to test the hypothesis
(methodology, measurement), the key findings of the study and their implications, the limitations of the
study, and ultimately what the study suggest for future research. The critical essays cannot report all of
this information but rather should be a synthesis of that analysis.

Rather, your essay should identify the key questions that this literature addresses and the dominant
theory and hypotheses that emerge in this literature (this particular set of readings). Then I would like
for you to assess the contributions of each of the required reading in regard to the theoretical
development of that particular area and in regard to the appropriateness of the measures and
methodology employed to test the emerging theoretical questions. Finally, I would like to make an
assessment of the implications of this research thus far and to make suggestions for ways in which the
research could be improved or expanded upon in future work. Papers are due at the beginning of class.
No late papers will be accepted.

A note on statistical methodology: I expect you to be able to discuss the methodology at a level
appropriate to your particular status. Even as an undergraduate, you should be able to critique the
standards and measurements of human rights without any statistical knowledge at this point.

FINAL EXAM: The final exam will be an open-notes and open-book take-home exam. It will be a
selection of questions from which students will have constrained choice. Students will email their
exams to me by 1 pm on Mon. August 10th at the latest.

NO incompletes will be given for this course.

TOPICS AND READING ASSIGNMENTS:

Keep in mind that this is traditionally a 15 to 16 week course that is compressed into nine five-hour class
periods, which equates to two weeks of class every class session so within one week you and I will
reading the equivalent of FOUR WEEKS of reading. I have trimmed the reading from what you would be
expected to read during a traditional semester to keep the readings as reasonable as possible for a
summer session while still maintaining the academic standards we expect at the University of Texas at
Dallas. On average for each class you will be reading seven articles or chapters. You absolutely must
read and write ahead of the schedule, especially for Wed. classes.

Week One: Mon. July 6th

Development of International Human Rights Law

(Note: some of these readings will overlap each other in parts and elsewhere they will provide differing
or additional perspectives.)

Donnelly, Chapter One: “Human Rights as an Issue in World Politics”

Totten and Bartrop, Chapter Ten: “Setting a Precedent: The Nuremberg Trials”

Donnelly, Chapter Five: “The Multilateral Politics of Human Rights”

Major Theoretical Debates

Donnelly, Chapter Two: “Theories of Human Rights”

Donnelly, Chapter Three: “The Relative Universality of Human Rights”


Totten and Bartrop, Chapter Seven: “The Issues of Sovereignty and Political Will”

Doing Human Rights Research

Carey and Poe, Chapter One: “Human Rights Research and the Quest for Human Dignity”

Week Two: Wed. July 8th

Empirical Models and Studies of Political Repression and Personal Integrity Rights Abuse (Largely
Domestic/Internal Influences)

Poe, Steven C., C. Neal Tate and Linda Camp Keith, 1999. “Repression of Human Rights to Personal
Integrity Revisited: A Global Cross-National Study Covering the Years 1976-1993." International Studies
Quarterly 43: 291-313.

Cingranelli, David L., and David L. Richards. 1999b. "Measuring the Pattern, Level, and Sequence of
Government Respect for Human Rights” International Studies Quarterly 43: 407-417.

Richards, David L. 1999. “Perilous Proxy: Human Rights and the Presence of National Elections” Social
Science Quarterly 80.4: 648-665.

Bueno de Mesquita, George W. Downs, Alistar Smith and Feryal Marie Cherif. 2005. “Thinking Inside the
Box: A Closer Look at Democracy and Human Rights.” International Studies Quarterly 49(3): 439-57.

Carey and Poe, Chapter 11: Sabine Carey’s “Domestic Threat and Repression: An Analysis of State
Responses to Different Forms of Dissent”

Methods and Measurement Issues

Hafner-Burton, Emilie M. and James Ron. 2009. “Seeing Double: Human Rights Impact through
Qualitative and Quantitative Eyes.” World Politics 61(2): 360–401

Poe, Steven C., Tanya Vazquez, and Sabine Carey. 2001. “How Are These Pictures Different: Assessing
the Biases in the U.S. State Department’s Country Reports on Human Rights Practices.” Human Rights
Quarterly, 2001, 23:650-677.

Week Two: Monday July 13th

Domestic Legal Institutions: Constitutions and the Judiciary

Davenport, Christian. 1996. “‘Constitutional Promises’ and Repressive Reality: A Cross-National Time-Series
Investigation of Why Political and Civil Liberties are Suppressed,” Journal of Politics 58:627-54.

Keith, Linda Camp. 2002a. "Constitutional Provisions for Individual Human Rights (1976-1996): Are They
More than Mere 'Window Dressing?'" Political Research Quarterly 55: 111-143.
Keith, Linda Camp. 2002b. "International Principles for Formal Judicial Independence: Trends in National
Constitutions and Their Impact (1976 to 1996)."Judicature 85: 194-200.

Carey and Poe, Chapter Nine: Linda Camp Keith’s "National Constitutions and Human Rights Protection:
Regional Differences and Colonial Influences”

Howard, Robert M. and Henry F. Carey. 2004. “Is an Independent Judiciary Necessary for Democracy?”
Judicature 87(6): 284-290.

Apodaca, Clair. 2004. The Rule of Law and Human Rights,” Judicature 87:292-299.

Keith, Linda Camp and Steven C. Poe. 2004. "Are Constitutional State of Emergency Clauses Effective?
An Empirical Exploration" Human Rights Quarterly 26(4): 1071-1097.

Week Two: Wed. July 15th

Transnational Influences and a Broader Set of Human Rights

Carey and Poe, Chapter Five: Callaway and Harrellson-Stephens’ “The Path from Trade to Human Rights:
The Democracy and Development Detour”

Carey and Poe, Chapter Six: Milner et al.’s “Providing Subsistence Rights”

Apodaca, Clair. 2001. “Global Economic Patterns and Personal Integrity Rights after the Cold War.”
International Studies Quarterly 45: 587-602.

Krueger, Eric and Steven C. Poe. 1998. "Testing Models of United States Foreign Policy: Foreign Aid During
and After the Cold War.” Journal of Politics 60:63-85.

Abouharb, Rodwan and David Cingranelli. 2008. Human Rights and Structural Adjustment. Cambridge.
(All students will read theory chapters and I will assign one of the 5 quantitative chapters to each
student.)

Week Three: Mon. July 20th

International Human Rights Treaties: Commitment and Compliance

Keith, Linda Camp. 1999. "The United Nations International Covenant on Civil and Political Rights: Does
It Make a Difference in Human Rights Behavior?" Journal of Peace Research 36 (1): 95–118.

Hafner-Burton, Emilie, and Kiyoteru Tsutsui. 2005. "Human Rights in a Globalizing World: The Paradox of
Empty Promises." The American Journal of Sociology 110 (5): 1373–1411.
Neumayer, Eric. 2005. "Do International Human Rights Treaties Improve Respect for Human Rights?"
Journal of Conflict Resolution 49 (6): 925–953.

Hathaway, Oona. 2007. "Why Do Countries Commit to Human Rights Treaties?" Journal of Conflict
Resolution 8 (51): 588–621.

Hafner-Burton, Emilie M. 2008. “Sticks and Stones: The Efficacy of Human Rights ‘Naming and
Shaming.’” International Organization 62(4): 689-716.

Goodliffe, Jay, and Darren G. Hawkins. 2006. "Explaining Commitment: States and the Convention
Against Torture." The Journal of Politics 68 (2): 358–371.

Heyns, Christof, and Frans Viljoen. 2001. The impact of the United Nations human rights treaties on the
domestic level. Human Rights Quarterly 23:483-535.

Selections from Todd Landman tba. 2005. Protecting Human Rights: A Comparative Study

Week Three: Wed. July 22nd

International Women’s Human Rights

Poe, Steven C., Karl Ho, and Dierdre Wendel-Blunt. 1997. “Global Patterns in the Achievement of
Women’s Rights to Equality.” Human Rights Quarterly 19(4): 813-835.

Sadasivam, B. 1997. “The Impact of Structural Adjustment on Women: A Governance and Human Rights
Agenda.” Human Rights Quarterly 19(3): 630-55.

Henderson, Conway W. 2004. “The Political Repression of Women.” Human Rights Quarterly 26: 1028-
1049.

Butler, Christopher K., Tali Gluch, and Neil J. Mitchell. 2007. “Security Forces and Sexual Violence: A
Cross-National Analysis of a Principal-Agent Argument.” Journal of Peace Research 44(6): 669-687.

Wotipka, Christine Min, and Francisco O. Ramirez. 2007. "World Society and Human Rights: An Event
History Analysis of the Convention on the Elimination of All Forms of Discrimination against Women." In
The Global Diffusion of Markets and Democracy, ed Beth A. , Geoffrey Garrett, and Frank Dobbin.
Cambridge: Cambridge University Press. (I will distribute copies of this book chapter.)

Avdeyna, Olga. 2007. “When Do States Comply with International Treaties? Policies on Violence against
Women in Post-Communist Countries.” International Studies Quarterly 51: 877-900.

Richards, David L. and Ronald Gelleny. 2007. “Women’s Status and Economic Globalization.”
International Studies Quarterly 51: 855-876.

Week Four: Mon. July 27th


International Human Rights: Asylum and Refugee

Gibney, Mark. 1988. “A Well-Founded Fear of Persecution.” Human Rights Quarterly 10 (1): 109-121.

Schuster, Liza. 2000. “A Comparative Analysis of the Asylum Policy of Seven European Governments.”
Journal of Refugee Studies 13(1): 118-132.

Rosenblum, Mark R., and Idean Salehyan. 2004. “Norms and Interests in US Asylum Enforcement.”
Journal of Peace Research 41(6): 677-697.

Neumayer, Eric. 2005. ‘Asylum Recognition Rates in Western Europe-Their Determinants, Variation and
Lack of Convergence.’ Journal of Conflict Resolution 49(1): 43-66.

Bohmer, Carol and Amy Shuman. 2008. Rejecting Refugees: Political Asylum in the 21st Century. New
York: Routledge Press, Chapter Four: “Did This Really Happen to You? The Problem of Credibility”.

Rottman, Alan. J., Fariss, Chris J. and Poe, Steven C. 2009. “The Path to Asylum in the U.S. and the
Determinants for Who Gets in and Why.” International Migration Review 43(1): 3–34.

Keith, Linda Camp and Jennifer S. Holmes. 2009. “Determinants of Asylum Grants: A Rare Examination
of Factors Typically Unobservable in U.S. Asylum Decisions.” Journal of Refugee Studies June 2009: tba.

Week Four Wed. July 29th

International Law on Genocide

Totten and Bartrop, Chapter One: “The Origin of the Term Genocide and the Definition Used in the UN
Convention on the Prevention and Punishment of Genocide”

Totten and Bartrop, Chapter Four: “Theories of Genocide”

Totten and Bartrop, Chapter Five: “Cases of Genocide” (Sections 5.1, 5.4, and 5.5)

Totten and Bartrop, Chapter Six: “Comparative Studies of Various Cases of Genocide” (Section 6.3)

Totten and Bartrop, Chapter Eight: “Prevention of Genocide”

Powers, Samantha. 2001. “Bystanders to Genocide.” Atlantic Monthly


http://www.theatlantic.com/doc/200109/power-genocide

“Ghost of Rwanda” (Documentary film we will watch in class in lieu of lab time)

Week Five: Mon. Aug. 3rd

Prosecution of Crimes against Humanity and Genocide


Totten and Bartrop, Chapter Eleven: International Criminal Tribunal for the Former Yugoslavia

Totten and Bartrop, Chapter Twelve: International Criminal Tribunal for Rwanda

Totten and Bartrop, Chapter Thirteen: Trials in National Courts

Totten and Bartrop, Chapter Fourteen: The International Criminal Court

Kelley, Judith. 2007. "Who Keeps International Commitments and Why? The International Criminal Court
and Bilateral Nonsurender Agreements." American Political Science Review 1901 (3): 573–589.

“Ghost of Rwanda” (Documentary film we will watch in class in lieu of lab time)

Final due Monday August 10th at 1 pm

STANDARD UNIVERSITY POLICIES: discipline is contained in the UTD


publication, A to Z Guide, which is
Off-campus Instruction and Course Activities provided to all registered students each
academic year.
Off-campus, out-of-state, and foreign
instruction and activities are subject to The University of Texas at Dallas
state law and University policies and administers student discipline within
procedures regarding travel and risk- the procedures of recognized and
related activities. Information established due process. Procedures
regarding these rules and regulations are defined and described in the Rules
may be found at the website address and Regulations, Board of Regents, The
http://www.utdallas.edu/BusinessAffair University of Texas System, Part 1,
s/Travel_Risk_Activities.htm. Additional Chapter VI, Section 3, and in Title V,
information is available from the office Rules on Student Services and Activities
of the school dean. Below is a of the university’s Handbook of
description of any travel and/or risk- Operating Procedures. Copies of these
related activity associated with this rules and regulations are available to
course. students in the Office of the Dean of
Students, where staff members are
Student Conduct & Discipline
available to assist students in
The University of Texas System and The interpreting the rules and regulations
University of Texas at Dallas have rules (SU 1.602, 972/883-6391).
and regulations for the orderly and
A student at the university neither loses
efficient conduct of their business. It is
the rights nor escapes the
the responsibility of each student and
responsibilities of citizenship. He or she
each student organization to be
is expected to obey federal, state, and
knowledgeable about the rules and
local laws as well as the Regents’ Rules,
regulations which govern student
university regulations, and
conduct and activities. General
administrative rules. Students are
information on student conduct and
subject to discipline for violating the
standards of conduct whether such exchange. The university encourages all
conduct takes place on or off campus, official student email correspondence
or whether civil or criminal penalties be sent only to a student’s U.T. Dallas
are also imposed for such conduct. email address and that faculty and staff
consider email from students official
Academic Integrity only if it originates from a UTD student
account. This allows the university to
The faculty expects from its students a
maintain a high degree of confidence in
high level of responsibility and
the identity of all individual
academic honesty. Because the value
corresponding and the security of the
of an academic degree depends upon
transmitted information. UTD furnishes
the absolute integrity of the work done
each student with a free email account
by the student for that degree, it is
that is to be used in all communication
imperative that a student demonstrate
with university personnel. The
a high standard of individual honor in
Department of Information Resources
his or her scholastic work. Scholastic
at U.T. Dallas provides a method for
dishonesty includes, but is not limited
students to have their U.T. Dallas mail
to, statements, acts or omissions
forwarded to other accounts.
related to applications for enrollment
or the award of a degree, and/or the
Withdrawal from Class
submission as one’s own work or
material that is not one’s own. As a The administration of this institution
general rule, scholastic dishonesty has set deadlines for withdrawal of any
involves one of the following acts: college-level courses. These dates and
cheating, plagiarism, collusion and/or times are published in that semester's
falsifying academic records. Students course catalog. Administration
suspected of academic dishonesty are procedures must be followed. It is the
subject to disciplinary proceedings. student's responsibility to handle
withdrawal requirements from any
Plagiarism, especially from the web,
class. In other words, I cannot drop or
from portions of papers for other
withdraw any student. You must do the
classes, and from any other source is
proper paperwork to ensure that you
unacceptable and will be dealt with
will not receive a final grade of "F" in a
under the university’s policy on
course if you choose not to attend the
plagiarism (see general catalog for
class once you are enrolled.
details). This course will use the
resources of turnitin.com, which Student Grievance Procedures
searches the web for possible
plagiarism and is over 90% effective. Procedures for student grievances are
found in Title V, Rules on Student
Email Use Services and Activities, of the
university’s Handbook of Operating
The University of Texas at Dallas Procedures.
recognizes the value and efficiency of
communication between faculty/staff In attempting to resolve any student
and students through electronic mail. grievance regarding grades,
At the same time, email raises some evaluations, or other fulfillments of
issues concerning security and the academic responsibility, it is the
identity of each individual in an email obligation of the student first to make a
serious effort to resolve the matter with Disability Services
the instructor, supervisor,
administrator, or committee with The goal of Disability Services is to
whom the grievance originates provide students with disabilities
(hereafter called “the respondent”). educational opportunities equal to
Individual faculty members retain those of their non-disabled peers.
primary responsibility for assigning Disability Services is located in room
grades and evaluations. If the matter 1.610 in the Student Union. Office
cannot be resolved at that level, the hours are Monday and Thursday, 8:30
grievance must be submitted in writing a.m. to 6:30 p.m.; Tuesday and
to the respondent with a copy of the Wednesday, 8:30 a.m. to 7:30 p.m.; and
respondent’s School Dean. If the Friday, 8:30 a.m. to 5:30 p.m.
matter is not resolved by the written
The contact information for the Office
response provided by the respondent,
of Disability Services is: The University
the student may submit a written
of Texas at Dallas, SU 22 PO Box 830688
appeal to the School Dean. If the
Richardson, Texas 75083-0688 or (972)
grievance is not resolved by the School
883-2098 (voice or TTY)
Dean’s decision, the student may make
a written appeal to the Dean of Essentially, the law requires that
Graduate or Undergraduate Education, colleges and universities make those
and the deal will appoint and convene reasonable adjustments necessary to
an Academic Appeals Panel. The eliminate discrimination on the basis of
decision of the Academic Appeals Panel disability. For example, it may be
is final. The results of the academic necessary to remove classroom
appeals process will be distributed to all prohibitions against tape recorders or
involved parties. animals (in the case of dog guides) for
students who are blind. Occasionally an
Copies of these rules and regulations
assignment requirement may be
are available to students in the Office of
substituted (for example, a research
the Dean of Students, where staff
paper versus an oral presentation for a
members are available to assist
student who is hearing impaired).
students in interpreting the rules and
Classes enrolled students with mobility
regulations.
impairments may have to be
Incomplete Grade Policy rescheduled in accessible facilities. The
college or university may need to
As per university policy, incomplete provide special services such as
grades will be granted only for work registration, note-taking, or mobility
unavoidably missed at the semester’s assistance.
end and only if 70% of the course work
has been completed. An incomplete It is the student’s responsibility to
grade must be resolved within eight (8) notify his or her professors of the need
weeks from the first day of the for such an accommodation. Disability
subsequent long semester. If the Services provides students with letters
required work to complete the course to present to faculty members to verify
and to remove the incomplete grade is that the student has a disability and
not submitted by the specified needs accommodations. Individuals
deadline, the incomplete grade is requiring special accommodation
changed automatically to a grade of F.
should contact the professor after class
or during office hours.

Religious Holy Days

The University of Texas at Dallas will


excuse a student from class or other
required activities for the travel to and
observance of a religious holy day for a
religion whose places of worship are
exempt from property tax under
Section 11.20, Tax Code, Texas Code
Annotated.

The student is encouraged to notify the


instructor or activity sponsor as soon as
possible regarding the absence,
preferably in advance of the
assignment. The student, so excused,
will be allowed to take the exam or
complete the assignment within a
reasonable time after the absence: a
period equal to the length of the
absence, up to a maximum of one
week. A student who notifies the
instructor and completes any missed
exam or assignment may not be
penalized for the absence. A student
who fails to complete the exam or
assignment within the prescribed
period may receive a failing grade for
that exam or assignment. If a student or
an instructor disagrees about the
nature of the absence [i.e., for the
purpose of observing a religious holy
day] or if there is similar disagreement
about whether the student has been
given a reasonable time to complete
any missed assignments or
examinations, either the student or the
instructor may request a ruling from the
chief executive officer of the institution,
or his or her designee. The chief
executive officer or designee must take
into account the legislative intent of
TEC 51.911(b), and the student and
instructor will abide by the decision of
the chief executive officer or designee.

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