Type of Credit: Elective
Credit(s)
Number of Students
Our seminars offer multi-disciplinary perspectives both on institutions and jurisprudences, addressing controversial issues and important debates. Our aim is to bridge international and national dialogues and encourage students to observe conflicting interests.
This course is co-organized by the College of Law and the Department of Political Science, with Prof. Yao-ming Hsu and Prof. Vivianne Weng taking turns hosting each seminar. In view of students’ pragmatic needs for their future careers, Chinese Mandarin will be used as a supporting language for our discussions.
Nota bene: We welcome every student from all faculties of NCCU to join us. However, to follow this advanced course for both graduates and undergraduates, students must have completed studies of constitutional law or public international law.
能力項目說明
International human rights law (IHRL) nowadays constitutes a fundamental element in governance at local, national, and global levels. The implementation of international human rights instruments in Taiwan and the rest of the world urges our students to be prepared for this contemporary challenge of the rule of law.
Method & Assignments
Our seminar shall be composed of lectures, guided readings, and discussions.
1. Becoming a member of our Google Classroom #2gwvnr2
2. Designated readings and rapporteur’s guiding presentation
3. Mid-term and term oral examinations
4. “My Human Rights Practices” – individual project
| 教學週次Course Week | 彈性補充教學週次Flexible Supplemental Instruction Week | 彈性補充教學類別Flexible Supplemental Instruction Type |
|---|---|---|
| Week | Date | Topics & designated readings | Expected study hours |
| 1 | 14 Sep | 【Introduction】 What is International Law of Human Rights? Is it effective? - C. McCrudden (2015) Why Do National Court Judges Refer to Human Rights Treaties?... The American Journal of International Law, 109(3): 534-550. |
3 |
| 2 | 21 Sep | 【Institution】 Human Rights Monitoring System of the United Nations - J. Krommendijk (2015) The domestic effectiveness of international human rights monitoring in established democracies. The case of the UN human rights treaty bodies. Review of International Organizations, 10: 489-512. |
4.5 |
| 3 | 28 Sep | 【Institution】Implementation of International Human Rights Treaties in Taiwan - Y.-J. Chen (2018) Localizing Human Rights Treaty Monitoring: Case Study of Taiwan as a Non-UN Member State. Wisconsin International Law Journal, 35(2): 277-325. |
4.5 |
| 4 | 05 Oct | 【Institution】 European Convention on Human Rights and its monitoring system - M. Madsen (2021) 'Unity in Diversity' Reloaded: The European Court of Human Rights’ Turn to Subsidiarity and its Consequences. iCourts Working Paper Series, 244. |
4.5 |
| 5 | 12 Oct | 【Institution】 EU Charter of Fundamental Rights and EU Court of Justice - L. Glas & J Krommendijk (2017), From Opinion 2/13 to Avotiņš: Recent Developments in the Relationship between the Luxembourg and Strasbourg Courts. Human Rights Law Review, 17: 567-587. |
4.5 |
| 6 | 19 Oct | 【Institution】Inter-American System of Human Rights Monitoring - A. Dulitzky (2015) An Inter-American Constitutional Court - The Invention of the Conventionality Control by the Inter-American Court of Human Rights. Texas International Law Journal, 50(1): 45-93. |
4.5 |
| 7 | 26 Oct | 【Institution】African System of Human and Peoples’ Rights Protection - F. Viljoen (2018) Understanding and Overcoming Challenges in Accessing the African Court on Human and Peoples’ Rights. International and Comparative Law Quarterly, 67: 63-98. |
4.5 |
| 8 | 02 Nov | 【Practitioner’s Talk】(to be determined / Invitation of a judge, prosecutor, lawyer or NGO member to intervene | 3 |
| 9 | 09 Nov | Mid-Term Oral Examination | |
| 10 | 16 Nov | 【Jurisprudence】Prohibition of Torture and Slavery - ECtHR, Hirsi Jamaa and Others v. Italy, no. 27765/09, 23/02/2012 - ECtHR, Rantsev v. Cyprus and Russia, no. 25965/04, 07/01/2010 |
5 |
| 11 | 23 Nov | 【Jurisprudence】Right to Life and Right to Health - Dobbs v. Jackson Women's Health Organization, 597 U.S. ___ (2022) - ECtHR, A, B & C v. Ireland, no. 25579/05), 16/12/2010 |
5 |
| 12 | 30 Nov | 【Jurisprudence】Non-Discrimination and Right to Equality - ICJ, Qatar v. United Arab Emirates, 04/02/2021 (paras. 74-105) - CRPD, Michael Lockrey v. Australia, 01/04/2016, CRPD/C/15/D/13/2013 |
5 |
| 13 | 07 Dec | 【Jurisprudence】Right to Adequate Standard of Living - CESCR, Mohamed Ben Djazia and Naouel Bellili v. Spain, 20/06/2017, E/C.12/61/D/5/2015 - CCPR, Naidenova et al. v. Bulgaria, 30/10/2012, CCPR/C/106/D/2073/2011 |
5 |
| 14 | 14 Dec | 【Jurisprudence】Personal Identity and Family Life - ECtHR, A.P., Garçon and Nicot v. France, nos. 79885/12 52471/13 52596/13, 06/04/2017 - ECtHR, Valdís Fjölnisdóttir and Others v. Iceland, no. 71552/17, 18/05/2021 |
5 |
| 15 | 21 Dec | 【Jurisprudence】Economy, Environment and Human Rights - ECtHR, Cordella and Others v. Italy, no. 17484/15, 25/07/2017 (Eng. summary) - IACtHR, Indigenous Communities Members of the Lhaka Honhat Association v. Argentina, 06/02/2020 (Eng. translation) |
5 |
| 16 | 28 Dec | Term Oral Examination | 6 |
| 17 | 04 Jan | “My Human Rights Practices” – Individual project executions/experiments (Week 1) | 3 |
| 18 | 12 Jan | “My Human Rights Practices” – Individual project executions/experiments (Week 2) | 3 |
Assessment
Our evaluation of students' performance during oral examinations shall be based on their comprehension and quality of argumentation, without our value judgement nor appreciation of students' English proficiency. We reserve a possibility for students who aim at becoming legal practitioners in Taiwan to use Mandarin as their oral examination language.
References
Designated readings as listed in the course schedule + suggested textbooks available in NCCU library
| 書名 Book Title | 作者 Author | 出版年 Publish Year | 出版者 Publisher | ISBN | 館藏來源* | 備註 Note |
|---|
https://classroom.google.com/c/NjE0OTkwMjI5NTUx?cjc=2gwvnr2