WMD05200 International Law Seminar

Hiroshima University Syllabus

Japanese

Academic Year 2026Year School/Graduate School Graduate School of Humanities and Social Sciences (Master's Course) Division of Humanities and Social Sciences Law and Politics Program

Lecture Code WMD05200 Subject Classification Specialized Education

Subject Name 国際法演習

Subject Name
（Katakana）コクサイホウエンシュウ

Subject Name in
English International Law Seminar

Instructor YAMAMOTO SATOSHI

Instructor
(Katakana) ヤマモト　サトシ

Campus Higashi-Senda Semester/Term 1st-Year, Second Semester, 3Term

Days, Periods, and Classrooms (3T) Thur5-8：Higashi-Senda Meeting Rm 4-4

Lesson Style Seminar Lesson Style
(More Details) Face-to-face

Seminar-based, Discussion-based

Credits 2.0 Class Hours/Week 4 Language of Instruction J : Japanese

Course Level 6 : Graduate Advanced

Course Area（Area） 24 : Social Sciences

Course Area（Discipline） 01 : Law

Eligible Students Graduate student

Keywords International Law, International Relations, SDGs_10, 14, 16, 17

Special Subject for Teacher Education 　 Special Subject 　

Class Status
within Educational
Program
(Applicable only to targeted subjects for undergraduate students)
Criterion referenced
Evaluation
(Applicable only to targeted subjects for undergraduate students)

Class Objectives
/Class Outline ○ Objectives & Approach: Rather than memorizing the "correct answers" of international law from a historical perspective, this seminar aims to cultivate students' ability to independently analyze social phenomena through an understanding of major scholarly debates.
○ Preparation & Class Operations: Students are required to read the designated papers prior to each session. Whenever possible, we will read through actual academic disputes in their original sequence: the Original Article → Criticism / Reply → Rejoinder.
○ Analytical Framework: For each debate, students will analyze the following five elements: What is the core issue or point of contention? Which sources of law are being emphasized? What methods of interpretation are being adopted? What factual assumptions are being taken for granted? What implicit assumptions are being made about the fundamental question, "What is international law?"

Class Schedule Session 1: Orientation — What Do International Legal Scholars Do?
Session 2: Orientation — Scholarly Debates in International Law and the Realities of the International Community
Session 3: To Kill or to Capture? Goodman v. Schmitt I
Reading: Ryan Goodman, "The Power to Kill or Capture Enemy Combatants," 24 European Journal of International Law (EJIL) 819 (2013).
Discussion Question: Why does Goodman attempt to derive an obligation to consider capturing or wounding, despite the absence of an explicit "capture rather than kill" rule in International Humanitarian Law (IHL)?
Session 4: To Kill or Capture: Goodman v. Schmitt II
Literature: Michael N. Schmitt, "Wound, Capture, or Kill: A Reply to Ryan Goodman's 'The Power to Kill or Capture Enemy Combatants'", 24 EJIL 863 (2013).
Question: Why does Schmitt revise his understanding of hors de combat in part, while simultaneously criticizing Goodman?
Session 5: Can Refugee Law Be Reconceived as Human Rights Law? – Hathaway
Literature: James C. Hathaway, "Reconceiving Refugee Law as Human Rights Protection", 4 Journal of Refugee Studies 113 (1991).
Question: What changes when the purpose of refugee law is defined in terms of human rights? Does this approach exclude national interests, or does it incorporate them in a different form? Can human rights protection be derived from the interpretation of the Convention?
Session 6: Reconstructing Refugee Law as Human Rights Law: Warner v. Hathaway
Literature: Daniel Warner & James C. Hathaway, "Refugee Law and Human Rights: Warner and Hathaway in Debate," 5 Journal of Refugee Studies 162 (1992).
Discussion Questions: What issues does Warner raise regarding Hathaway's reconstruction of refugee law into "human rights protection"? Do both authors share the same understanding of the purpose of "refugee protection"? Is understanding international refugee law as human rights law a matter of legal interpretation or legal policy?
Session 7: How Does International Law Regulate Internal Armed Conflict?: Sivakumaran
Literature: Sandesh Sivakumaran, "Re-envisaging the International Law of Internal Armed Conflict", 22 EJIL 219 (2011).
Question: Is treating non-international armed conflicts (NIACs) the same as international armed conflicts (IACs) a development of the law, or does it erase the specific specificities of NIACs?
Session 8: How Does International Law Regulate Internal Armed Conflict?: Sivakumaran v. Blum
Literature: Gabriella Blum, "Re-envisaging the International Law of Internal Armed Conflict: A Reply to Sandesh Sivakumaran", 22 EJIL 265 (2011).
Questions: Should the law of NIAC be viewed as an extension of existing law, or as a distinct legal regime?How should human rights law, criminal law, and international humanitarian law (IHL) be combined?Should we take similarities or differences as our starting point?
Session 9: A New International Law of "Recognition": Tourme-Jouannet
Literature: Emmanuelle Tourme-Jouannet, "The International Law of Recognition", 24 EJIL 667 (2013).
Question: Why does Tourme-Jouannet attempt to conceptualize "recognition" not merely as a political concept, but as a new domain of international law?
Session 10: A New International Law of "Recognition": Tourme-Jouannet v. d'Aspremont
Literature:Jean d'Aspremont, "The International Law of Recognition: A Reply to Emmanuelle Tourme-Jouannet", 24 EJIL 691 (2013).Emmanuelle Tourme-Jouannet, "The International Law of Recognition: A Rejoinder to Jean D'Aspremont", 24 EJIL 701 (2013).
Question: What does it mean when an international legal scholar claims to have "discovered" a "new law"?
Session 11: Why Does Jus Cogens Bind?: Conklin
Literature: William E. Conklin, "The Peremptory Norms of the International Community", 23 EJIL 837 (2012).
Question: Conklin focuses on why jus cogens possesses binding force, rather than on which norms constitute jus cogens.
Session 12: Why Does Jus Cogens Bind?: Conklin v. Orakhelashvili
Literature:　Alexander Orakhelashvili, "Peremptory Norms of the International Community: A Reply to William E. Conklin", 23 EJIL 863 (2012).William E. Conklin, "The Peremptory Norms of the International Community: A Rejoinder to Alexander Orakhelashvili", 23 EJIL 869 (2012).
Questions: Can jus cogens be explained by its sources? Is the "international community" a factual entity or a legal concept? Can legal binding force be explained by state consent? Are natural law explanations and positivist explanations truly mutually exclusive?
Session 13: Do Interests Make International Law?: Garcia-Salmones v. Kammerhofer
Literature:Monica Garcia-Salmones Rovira, "The Politics of Interest in International Law", 25 EJIL 765 (2014).Jörg Kammerhofer, "The Politics of Interest in International Law: A Reply to Monica Garcia-Salmones Rovira", 25 EJIL 795 (2014).
Question: Garcia-Salmones rereads Oppenheim and Kelsen through the lens of "interest."
Session 14: Do Interests Make International Law?: Garcia-Salmones v. Kammerhofer
Literature: Jörg Kammerhofer, "The Politics of Interest in International Law: A Reply to Monica Garcia-Salmones Rovira", 25 EJIL 795 (2014).
Question: Kammerhofer counters that, particularly regarding Kelsen, introducing the political category of "interest" into the Pure Theory of Law is itself a misreading.
Session 15: Wrap-up

No final exam will be conducted.
Final report submission is scheduled at the end of the term.

From Session 5 onward, the course format may switch to a system where graduate students propose and select the assigned readngs based on their own initiative. In this case, the designated presenter must ensure that the literature is accessible to all participants at least one week in advance.

Text/Reference
Books,etc. No textbook will be required.
Reference books and papers will be suggested as appropriate during class.It is recommended that students bring a collection of international treaties, though it is not mandatory.

PC or AV used in
Class,etc. Text, Handouts, moodle

(More Details)

Learning techniques to be incorporated Discussions, Role Play, Project Learning

Suggestions on
Preparation and
Review As I also teach "International Law II" for undergraduate students, I highly recommend auditing that course if you are a beginner in international legal studies and wish to master the foundational basics.

Requirements There are no specific prerequisites for taking this course. However, students are expected to be considerate of other participants and maintain appropriate decorum.
A foundational knowledge of international law is desirable, but not mandatory.
Beginners in international law are welcome, but they are expected to make proactive efforts to adapt to the academic level of the seminar.

Grading Method Final Report Assignment: 50%
Seminar Contribution: 50%
Regarding the seminar contribution, in-class discussions during each session (including responses to the instructor's questions and peer-to-peer debates) will be observed and assessed based on the following breakdown:Literature Comprehension: 30%
Conceptualization of Issues: 30%Logical Structure of Arguments: 30%
Discussion Etiquette (courtesy and consideration toward others and discussion partners): 10%

Practical Experience Experienced

Summary of Practical Experience and Class Contents based on it Drawing on my experience in conducting practical strategic research as a senior Self-Defense Forces (SDF) officer, I can identify and address key discussion points regarding the integration of security realities and academic theories.
Leveraging my experience in international cooperation for legal-system development and education, I can share valuable insights gained from cross-cultural engagement.

Message "To feel/notice" is to grasp something instantly.
"To think" is to try to understand the unknown.
"Obstinacy" is to keep trying to challenge what is already fully known.

Other

Please fill in the class improvement questionnaire which is carried out on all classes.
Instructors will reflect on your feedback and utilize the information for improving their teaching.

Academic Year	2026Year	School/Graduate School	Graduate School of Humanities and Social Sciences (Master's Course) Division of Humanities and Social Sciences Law and Politics Program
Lecture Code	WMD05200	Subject Classification	Specialized Education
Subject Name	国際法演習
Subject Name （Katakana）	コクサイホウエンシュウ
Subject Name in English	International Law Seminar
Instructor	YAMAMOTO SATOSHI
Instructor (Katakana)	ヤマモト　サトシ
Campus	Higashi-Senda	Semester/Term	1st-Year, Second Semester, 3Term
Days, Periods, and Classrooms	(3T) Thur5-8：Higashi-Senda Meeting Rm 4-4
Lesson Style	Seminar	Lesson Style (More Details)	Face-to-face
Seminar-based, Discussion-based
Credits	2.0	Class Hours/Week	4	Language of Instruction	J : Japanese
Course Level	6 : Graduate Advanced
Course Area（Area）	24 : Social Sciences
Course Area（Discipline）	01 : Law
Eligible Students	Graduate student
Keywords	International Law, International Relations, SDGs_10, 14, 16, 17
Special Subject for Teacher Education		Special Subject
Class Status within Educational Program (Applicable only to targeted subjects for undergraduate students)
Criterion referenced Evaluation (Applicable only to targeted subjects for undergraduate students)
Class Objectives /Class Outline	○ Objectives & Approach: Rather than memorizing the "correct answers" of international law from a historical perspective, this seminar aims to cultivate students' ability to independently analyze social phenomena through an understanding of major scholarly debates. ○ Preparation & Class Operations: Students are required to read the designated papers prior to each session. Whenever possible, we will read through actual academic disputes in their original sequence: the Original Article → Criticism / Reply → Rejoinder. ○ Analytical Framework: For each debate, students will analyze the following five elements: What is the core issue or point of contention? Which sources of law are being emphasized? What methods of interpretation are being adopted? What factual assumptions are being taken for granted? What implicit assumptions are being made about the fundamental question, "What is international law?"
Class Schedule	Session 1: Orientation — What Do International Legal Scholars Do? Session 2: Orientation — Scholarly Debates in International Law and the Realities of the International Community Session 3: To Kill or to Capture? Goodman v. Schmitt I Reading: Ryan Goodman, "The Power to Kill or Capture Enemy Combatants," 24 European Journal of International Law (EJIL) 819 (2013). Discussion Question: Why does Goodman attempt to derive an obligation to consider capturing or wounding, despite the absence of an explicit "capture rather than kill" rule in International Humanitarian Law (IHL)? Session 4: To Kill or Capture: Goodman v. Schmitt II Literature: Michael N. Schmitt, "Wound, Capture, or Kill: A Reply to Ryan Goodman's 'The Power to Kill or Capture Enemy Combatants'", 24 EJIL 863 (2013). Question: Why does Schmitt revise his understanding of hors de combat in part, while simultaneously criticizing Goodman? Session 5: Can Refugee Law Be Reconceived as Human Rights Law? – Hathaway Literature: James C. Hathaway, "Reconceiving Refugee Law as Human Rights Protection", 4 Journal of Refugee Studies 113 (1991). Question: What changes when the purpose of refugee law is defined in terms of human rights? Does this approach exclude national interests, or does it incorporate them in a different form? Can human rights protection be derived from the interpretation of the Convention? Session 6: Reconstructing Refugee Law as Human Rights Law: Warner v. Hathaway Literature: Daniel Warner & James C. Hathaway, "Refugee Law and Human Rights: Warner and Hathaway in Debate," 5 Journal of Refugee Studies 162 (1992). Discussion Questions: What issues does Warner raise regarding Hathaway's reconstruction of refugee law into "human rights protection"? Do both authors share the same understanding of the purpose of "refugee protection"? Is understanding international refugee law as human rights law a matter of legal interpretation or legal policy? Session 7: How Does International Law Regulate Internal Armed Conflict?: Sivakumaran Literature: Sandesh Sivakumaran, "Re-envisaging the International Law of Internal Armed Conflict", 22 EJIL 219 (2011). Question: Is treating non-international armed conflicts (NIACs) the same as international armed conflicts (IACs) a development of the law, or does it erase the specific specificities of NIACs? Session 8: How Does International Law Regulate Internal Armed Conflict?: Sivakumaran v. Blum Literature: Gabriella Blum, "Re-envisaging the International Law of Internal Armed Conflict: A Reply to Sandesh Sivakumaran", 22 EJIL 265 (2011). Questions: Should the law of NIAC be viewed as an extension of existing law, or as a distinct legal regime?How should human rights law, criminal law, and international humanitarian law (IHL) be combined?Should we take similarities or differences as our starting point? Session 9: A New International Law of "Recognition": Tourme-Jouannet Literature: Emmanuelle Tourme-Jouannet, "The International Law of Recognition", 24 EJIL 667 (2013). Question: Why does Tourme-Jouannet attempt to conceptualize "recognition" not merely as a political concept, but as a new domain of international law? Session 10: A New International Law of "Recognition": Tourme-Jouannet v. d'Aspremont Literature:Jean d'Aspremont, "The International Law of Recognition: A Reply to Emmanuelle Tourme-Jouannet", 24 EJIL 691 (2013).Emmanuelle Tourme-Jouannet, "The International Law of Recognition: A Rejoinder to Jean D'Aspremont", 24 EJIL 701 (2013). Question: What does it mean when an international legal scholar claims to have "discovered" a "new law"? Session 11: Why Does Jus Cogens Bind?: Conklin Literature: William E. Conklin, "The Peremptory Norms of the International Community", 23 EJIL 837 (2012). Question: Conklin focuses on why jus cogens possesses binding force, rather than on which norms constitute jus cogens. Session 12: Why Does Jus Cogens Bind?: Conklin v. Orakhelashvili Literature:　Alexander Orakhelashvili, "Peremptory Norms of the International Community: A Reply to William E. Conklin", 23 EJIL 863 (2012).William E. Conklin, "The Peremptory Norms of the International Community: A Rejoinder to Alexander Orakhelashvili", 23 EJIL 869 (2012). Questions: Can jus cogens be explained by its sources? Is the "international community" a factual entity or a legal concept? Can legal binding force be explained by state consent? Are natural law explanations and positivist explanations truly mutually exclusive? Session 13: Do Interests Make International Law?: Garcia-Salmones v. Kammerhofer Literature:Monica Garcia-Salmones Rovira, "The Politics of Interest in International Law", 25 EJIL 765 (2014).Jörg Kammerhofer, "The Politics of Interest in International Law: A Reply to Monica Garcia-Salmones Rovira", 25 EJIL 795 (2014). Question: Garcia-Salmones rereads Oppenheim and Kelsen through the lens of "interest." Session 14: Do Interests Make International Law?: Garcia-Salmones v. Kammerhofer Literature: Jörg Kammerhofer, "The Politics of Interest in International Law: A Reply to Monica Garcia-Salmones Rovira", 25 EJIL 795 (2014). Question: Kammerhofer counters that, particularly regarding Kelsen, introducing the political category of "interest" into the Pure Theory of Law is itself a misreading. Session 15: Wrap-up No final exam will be conducted. Final report submission is scheduled at the end of the term. From Session 5 onward, the course format may switch to a system where graduate students propose and select the assigned readngs based on their own initiative. In this case, the designated presenter must ensure that the literature is accessible to all participants at least one week in advance.
Text/Reference Books,etc.	No textbook will be required. Reference books and papers will be suggested as appropriate during class.It is recommended that students bring a collection of international treaties, though it is not mandatory.
PC or AV used in Class,etc.	Text, Handouts, moodle
(More Details)
Learning techniques to be incorporated	Discussions, Role Play, Project Learning
Suggestions on Preparation and Review	As I also teach "International Law II" for undergraduate students, I highly recommend auditing that course if you are a beginner in international legal studies and wish to master the foundational basics.
Requirements	There are no specific prerequisites for taking this course. However, students are expected to be considerate of other participants and maintain appropriate decorum. A foundational knowledge of international law is desirable, but not mandatory. Beginners in international law are welcome, but they are expected to make proactive efforts to adapt to the academic level of the seminar.
Grading Method	Final Report Assignment: 50% Seminar Contribution: 50% Regarding the seminar contribution, in-class discussions during each session (including responses to the instructor's questions and peer-to-peer debates) will be observed and assessed based on the following breakdown:Literature Comprehension: 30% Conceptualization of Issues: 30%Logical Structure of Arguments: 30% Discussion Etiquette (courtesy and consideration toward others and discussion partners): 10%
Practical Experience	Experienced
Summary of Practical Experience and Class Contents based on it	Drawing on my experience in conducting practical strategic research as a senior Self-Defense Forces (SDF) officer, I can identify and address key discussion points regarding the integration of security realities and academic theories. Leveraging my experience in international cooperation for legal-system development and education, I can share valuable insights gained from cross-cultural engagement.
Message	"To feel/notice" is to grasp something instantly. "To think" is to try to understand the unknown. "Obstinacy" is to keep trying to challenge what is already fully known.
Other
Please fill in the class improvement questionnaire which is carried out on all classes. Instructors will reflect on your feedback and utilize the information for improving their teaching.

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