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Johns Hopkins University | SA.503.119

Negotiation in the Making of International Law

4.0

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International law is the set of rules generally regarded as binding in relations between States. Arguably, international law is the product of negotiation and requires ratification in order to be effective. States are expected to comply with a treaty once they become the Parties of a treaty. However, States may prioritize their perceived national interests and decide not to comply with international law if they consider necessary. Rules-based international order is ideal, but not always true in the real world. Leaders of the world gather at global summits to discuss international affairs and governance. Some summits produce outcomes such as agreements and statements. Some are considered binding while others are non-binding. Some are upheld while others are not. Why do summits take place, and how can we evaluate their outcomes? How does international relations influence international law, and vice versa? This course will address these questions by exploring two-level game theory, which views international negotiations as simultaneous discussions at both the domestic and international levels. After an overview of security, trade, development, and environmental issues typically considered at summits, seminar participants will review three types of summits with which the instructor has personal experience: US-Japan bilateral summits; Trans-Pacific Partnership (TPP); and the G 7/8 Summits. The first hour of each course will be conducted as a research seminar, followed by a guest-speaker series and simulations. The course is structured around three learning objectives: (1) understanding the implication of theory of two-level games on the international legal negotiation; (2) applying the theory of two-level games to real-world foreign policy issues; and (3) experiencing negotiations and briefings which are the daily activities of practitioners in international affairs.

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