The Law and Practice of the United Nations
United Nations University (UNU-IAS)
Spring 2024
Location: 6F Lecture room
Time: 3:50pm – 5:30pm
Lecturer: Ms. Alexandra Ivanovic
Contact Information: ivanovic@unu.edu
Office Hours: 10:00am-5:30pm (by appointment)

Course Description
This course provides students with an introduction to the development of the United Nations asshown by interpretations of the UN Charter in practice. It addresses the most challenging issues
confronting the United Nations and the global community today, from terrorism to climatechange, from poverty to nuclear proliferation. The course will first examine the role, legitimacy
and effectiveness of the United Nations through a review of case studies on peace and security
issues, ‘hard cases’, in the UN Security Council and the ‘hard choices’ made in cases covering thedevelopment and human rights fields – these illustrate both the normative power of the United
Nations and the challenges it faces in designing and implementing norms effectively. The course
them examines the ‘capacity’ of the United Nations – its nature, status and legal powers. The
course then explores how the United Nations has exercised its various powers in ‘practice’ in theareas of peace and security, sustainable development, and human rights. The final part of thecourse concludes with an analysis of responsibility and accountability of the UN and its agents,
as well as current reform efforts.
The required text for this course is Chesterman, Johnstone, Malone, Law and Practice of theUnited Nations, 2nd ed. (Oxford University Press, 2016) – two copies are available in the Libraryand the text is also available for purchase online. (PLEASE NOTE: STUDENTS WILL BE WORKINGFROM THE 2016 2ND EDITION NOT THE 2008 1ST EDITION). The edition contains authorcommentary, as well as primary materials. Such materials enable a realistic presentation of thework of international diplomacy: the negotiation, interpretation and application of such texts
are an important part of what actually takes place at the United Nations and other internationalorganisations. The accompanying commentary describes how the primary documents illustrate
a set of legal, institutional, and political issues relevant to the conduct of international affairs andto the development of public international law through the United Nations. Guiding questions inselected chapters are intended to generate discussion and inspire reactions. There are also
hypothetical fact scenarios included in the text which shall be used throughout the course to test
understanding of the concepts covered in specific areas.

Course Objectives and Learning Goals
This course will provide students with an understanding of the development of the United
Nations through interpretations of the UN Charter and case studies of implementation inpractice. By examining primary materials focused on the normative context within which theUnited Nations functions, students will develop an understanding of the interaction between
1law and practice. This is essential to a proper understanding of the UN Organization, but also to
the possibilities and limitations of multilateral institutions more generally.
A background in law is NOT required for students to undertake this course. Graduate students
lacking prior legal study are still able to learn to master and interpret primary material, andgain an understanding of the reasoning or ideas considered in negotiations and diplomacy. The
course focuses on not only ‘international law’ but how this intersects with international
relations and politics, as well as the challenges of public administration and policy developmentin the sphere of international organisations. By the end of the course, students should be able tonot only understand the development of the United Nations and how the UN Charter is appliedboth in law and practice, but also for students to develop the ability to read the primarymaterials critically, parsing not only the meaning of the materials but also gaining insight into
the politics behind such documents.
In this course, students will also be asked to develop their writing and presentation skills in
addition to their research and interpretation of primary materials skills. Assignments
throughout the semester will help students craft their writing, research and analytical abilities
through a series of ‘reaction papers’, while short presentations of these papers requires students
to succinctly convey their answers to guided questions selected for respective papers.

Requirements and Grading Policy
There is no final exam in this course, rather the emphasis is on broad participation by the students
and not the instructor (who will not be lecturing on the topics assigned but will lead classdiscussions). Students who expect a lecture course or who are not willing to participate every
day orally in class should seek a different course. Students are only expected to read the“required” readings; additional optional readings are only indicated for those who have a deeper
interest in a topic but will generally not be the basis of class discussion.
Students’ grades will be based upon:•
Reaction papers and group presentation (35%)•
Active class participation (30%)•
Final paper (35%)
Reaction Papers
Submission of four 1-page reaction papers (no longer than 500 words each) written over thecourse of the semester in response to the questions presented in the readings. Reaction papers
will be due to be uploaded to Moodle as per the course outline. Each of the reaction papers willneed to focus on one question from the chapter for the following class. The first reaction paper
will not count towards the final grade. Each reaction paper will require a minimum of threehours of preparation. Reaction papers are then presented in the following class (5 minutes perpresentation) to all students to encourage discussion, deliberation and critical analysis of the
topic presented.
Group presentation/debate
There will also be one group presentation/debate on a topic of relevance to the course against
which all members of each group will be graded.

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Class Participation
The course requires students to attend all classes, to arrive on time, to complete the readings andto participate actively in class discussions. As this course is not lecture based, but conducted in around table discussion format, students are expected to speak in each and every class. At thediscretion of the instructor, frequent late arrivals or absences may result in a lower grade. Please
note that the first session is of particular importance and cannot be missed. Students are alsostrongly encouraged to regularly follow the news to keep up with international developments
relevant to the United Nations, as these events will be reflected in the class discussions. Relevant
news sites and reporting archives may be shared by the instructor during the class. A part of thegrade for class participation will be based on how well reaction papers are presented in class.
Final Report:
A final paper of 10 pages (double spaced, 12 Font) on a topic agreed with the instructor. A 1page outline will need to be cleared with the instructor before drafting proceeds. The final paper
will require 30 hours of preparation and will be due Sunday 14 July 2024 by midnight JST.

Course Outline
Lecture
No.
1

Frame
work

Title

Date

Hard Cases in the UN Security
CouncilThursday, 11 April, 2024
~ 15:50-17:30

Legal Status

Monday, 15 April, 2024
~ 15:50-17:30

4

Legal Status – ICJ debate cases

Thursday, 18 April, 2024
~ 15:50-17:30

5

The Secretary-General and theSecretariat

Monday, 22 April, 2024
~ 15:50-17:30

6

Membership & Financing

Thursday, 25 April, 2024
~ 15:50-17:30

7

Counter-terrorism and NonProliferation of Nuclear Weapons

Monday, 29 April, 2024
~ 15:50-17:30

8

Peace Operations

Thursday, 2 May, 2024
~ 15:50-17:30

SanctionsMonday, 13 May, 2024
~ 15:50-17:30

Development & Sustainable
Development

Thursday, 16 May, 2024
~ 15:50-17:30

2

3

Practice

10

Capacity

9

3

Climate Change and Society

Monday, 8 April, 2024
~ 15:50-17:30

Relevance/Capacity

Introduction and The UN Charter

Instructors/Invited
Speakers if any

Human Rights

Monday, 20 May, 2024
~ 15:50-17:30

12

International Criminal Justice

Monday, 27 May, 2024
~ 15:50-17:30

13

Immunity and Responsibility

Thursday, 30 May, 2024
~ 15:50-17:30

Accountability in PracticeMonday, 3 June, 2024
~ 15:50-17:30

ReformThursday, 6 June, 2024
~ 15:50-17:30

14

15

Accountability

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Course Readings
The required textbook for this class is: Chesterman, Johnstone, Malone, Law and Practice of
the United Nations, 2nd ed. (Oxford University Press, 2016). Chapter readings will need to becompleted prior to each class, with an average reading load of approximately 40~50 pages perclass. Students are expected to actively contribute to class discussions based on the material
provided. The lecturer may update the reading list throughout the course and will alert students
to the changes in class. Two copies of the textbook are available at the UNU library and relevant
chapters can be copied at the designated copy machines. Other required or recommended
readings shall be uploaded to Moodle.
Supplementary readings may be added and updated in Moodle in advance of lessons.
Course Readings by each Lecture
LectureNo.
1

Required and Recommended Readings
Introduction and the UN Charter
Required Reading:•

Chesterman, Johnstone, and Malone – Introduction and Chapter 1

Recommended reading:
•

•
•

•
•

Anne-Marie Slaughter, International Relations, Principal Theories”, in Wolfrum,
R. (Ed). Max Planck Encyclopedia of Public International Law (Oxford University
Press, 2011), pp1-28
https://scholar.princeton.edu/sites/default/files/slaughter/files/722_intlrelpri
ncipaltheories_slaughter_20110509zg.pdf
Abram Chayes and Antonia Handler Chayes, The New Sovereignty: Compliancewith International Regulatory Agreements (1996), pp. 22-28, and 112-127.
Ian Johnstone, “Security Council deliberations: the power of the better
argument”, European Journal of International Law
Oona Hathaway and Harold Koh eds, Foundations of International Law and
Politics (2005), pp. 191-201.
Robert Keohane, “International Relations and International Law: Two Optics”,
Harvard International Law Journal, Vol. 38(2), Spring 1997, pp. 487-502.

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2Hard Cases in the UN Security Council (Reaction Paper Due by 10:00am JST
Thursday 11 April)
Required reading:• Chesterman, Johnstone, and Malone, Chapter 2
Recommended Reading•

3

Report of the Secretary-General, Implementing the Responsibility to Protect

Legal Status
Required reading:•4

Chesterman, Johnstone, and Malone, Chapter 4

Legal Status (Student Group PPTs Due by 10:00am JST Thursday 18 April )Required reading:•5

Relevant ICJ Cases to be shared in advance of the class

The Secretary-General and the Secretariat
Required reading:•

Chesterman, Johnstone, and Malone, Chapter 5

Recommended reading:•James Cockayne and David Malone, “Relations with the Security Council”
in Secretary or General? (Simon Chesterman ed., 2007)•
Ian Johnstone, “The Secretary-General as Norm Entrepreneur”, inSecretary or General? (Simon Chesterman ed., 2007)
6

Membership and Finance (Reaction Paper Due by 10:00am JST Thursday 25
April)
Required reading:•

7

Chesterman, Johnstone, and Malone, Chapters 6 & 7Counter-terrorism and Non-proliferation of Nuclear Weapons
Required reading:••

Chesterman, Johnstone, and Malone, Chapter 8
Nuclear Non-Proliferation Treaty

Recommended Reading•

J. Cirincione, J. Wolfstahl and M. Rajkumar, “The International Non-proliferation
Regime”,

5•8

Chapter 2 of Deadly Arsenals: Nuclear, Biological and Chemical Threats (2nd ed,2005)(16 pages).
David M. Malone, The International Struggle Over Iraq (2006), Chapter 6.

Peace Operations
Required reading:•

9

Chesterman, Johnstone, and Malone, Chapter 9

Sanctions
Required reading:•

Chesterman, Johnstone, and Malone, Chapter 10

Recommended Reading:
The Kadi Case:• Juliane Kokott and Christoph Sobotta “The Kadi Case – Constitutional Core
Values and International Law – Finding the Balance?” The European Journal ofInternational Law, 2012, Vol. 23 no. 4, pp. 1015–1024.
•
Court of Justice of the European Union, Press Release No. 93/13, “The
Court dismisses the appeals against the General Court’s ‘Kadi II’ judgment.”
Luxembourg, 18 July, 201310

Development & Sustainable Development (Reaction Paper Due by 10:00am JST
Monday 16 May)
Required reading:••11

Chesterman, Johnstone, and Malone, Chapter 3 (3.1 pp 69- 94)
Chesterman, Johnstone, and Malone, Chapter 11

Human Rights
Required reading:••

12

Chesterman, Johnstone, and Malone, Chapter 3 (3.2 pp 94-110)
Chesterman, Johnstone, and Malone, Chapter 13

International Criminal JusticeRequired reading:•William Schabas, An Introduction to the International Criminal Court(2007), Chapter 2 (34 pages)•
Article 16 of the Statute of the International Criminal Court•
Security Council resolution 1593 (31 March 2005) (referral of Darfur
situation to the International Criminal Court)

13

Immunity and Responsibility
Required reading:6

Chesterman, Johnstone, and Malone, Chapter 15

14

Accountability in Practice (Reaction Paper Due by 10:00am JST Monday 3 June)
Required reading:
Chesterman, Johnstone, and Malone, Chapter 16
Recommended Reading• Report of the Secretary-General, Special measures for protection from sexual
exploitationand sexual abuse, A/69/779, 13 February, 2015,•15

Office of Internal Oversight Services, Evaluation of the Enforcement and Remedial
Assistance Efforts for Sexual Exploitation and Abuse by the United Nations andRelated
Personnel in Peacekeeping Operations, Assignment No.: IED-15-001, 15 May 2015

ReformRequired reading:
Chesterman, Johnstone, and Malone, Chapter 17

Important Information
Class Conduct & Etiquette
Students are expected to arrive on time and not to engage in disruptive behavior during class.
This includes, among other things, private side conversations, the use of cellphones and otherelectronic devices, or the reading of newspapers. Cellphones should be switched off and stored in
the bag. We wish to create an atmosphere of open and tolerant discussion in the classroom andrequest students to recognize every individual’s right to have an opinion. The lecturer and otherstudents should be treated with dignity and respect, in particular in discussions on contentious
political issues where a diversity of opinion is likely to arise. However, we also recognize that
there are limits to tolerance and the lecturer reserves the right to request disciplinary action
against any student who violates this policy or repeatedly shows disruptive behavior in class.
Computer Use in ClassFor online classes, students must have access to a camera and audio and show their faces in class
to ensure lessons are conducted in an interactive manner. In The Law and Practice of theUnited Nations course, students are expected to actively participate and engage in discussion
during online lessons. Students are requested to turn off other notifications on their cell phones
during class. The use of computers (including tablets) in the classroom is restricted to taking
notes, reading the course materials, or searching for course related information on the internet.

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Any disruption of the class by cell phones, instant messaging programs or other communication
devices will not be tolerated. The lecturer reserves the right to revoke this permission if a student
is found using a computer for any non-course related activities.
Plagiarism & Academic Misconduct
Please be aware that the consequences of plagiarism are severe, and students found guilty ofacademic misconduct will be punished in accordance with UNU’s academic honesty policies. The
lecturer reserves the right to run all assignments through an anti-plagiarism software provided
by the UNU. If evidence of academic misconduct on the assigned presentations, the mid-term
exam or the final essay should be found, the assignment will receive a failing grade. In case of
repeated violations of academic conduct, the student may receive a failing grade for the entire
course and will be reported to the appropriate authorities for disciplinary action.

Lecturers’ Bios
Alexandra Ivanovic,
Senior Programme Manager, Office of the Rector,
United Nations University (Tokyo)
Alexandra Ivanovic has been teaching a post-graduate course on the Law and Practice of theUnited Nations to students at UNU since 2015 and has conducted workshops on thematic areas
including to the Ministry of Foreign Affairs, Japan, and graduate students at the University ofMaastricht/UNU-MERIT (The Netherlands). Within the Office of the Rector, Alexandra has
worked with and supported the previous Rector, Dr. David M. Malone, on academic projects
including: as associate editor and project manager of Chesterman, Malone and Villalpando’s The
Oxford Handbook of United Nations Treaties (Oxford University Press, 2019), and project
manager of the course text by Chesterman, Johnstone, Malone, The Law and Practice of theUnited Nations, 2nd ed. (OUP, 2016) where she worked on 6 book chapters with the former
Rector. She is the co-author of a chapter on Open Universities in the Oxford Handbook of Higher
Education in the Asia-Pacific Region (OUP, 2024). In her role as Senior Programme Manager
in the Office of the Rector, she provides advice and support to the Executive Officer and Chief ofStaff on institutional development, evaluations, senior recruitment, and other organizational andmanagement issues. She is also UNU’s Gender Coordinator.
Prior to working with the Rector’s office, she was the Senior Project Manager at the UNU Centre
for Policy Research (in Tokyo), managing projects, undertaking research, and publishing in thefields of development, and peace and security.
She has previously worked as a lawyer and mediator in Australia and as director of several small
and medium enterprises. She holds a MSc from UNU in Sustainability, Development and Peaceand an LLB/B.Com from the University of New South Wales, Australia.

Nicolas du Bois
Programme manager, Office of the Rector
United Nations University (Tokyo)

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Nicolas previously worked at the University of Tokyo, where he was the programme manager ofthe startup inception programme, FoundX. He also has experience working as a consultant
connecting African startups to Japanese investors, as well as work as a paralegal at a majorinternational law firm in Tokyo.
He holds an MPhil degree in Modern Japanese Studies from the University of Oxford, where his
research focused on Japanese investment and its impact on African development; as well as adegree in politics, philosophy, and economics from the University of Cape Town. He is fluent inEnglish and Japanese, and conversational in Russian and Afrikaans.
At UNU, Nicolas is the primary focal point in the Rector’s Office (RO) for project management andmanages the Junior Fellows Internship Programme. He supports the RO in financial assessment,
strategic planning and evaluation, external inquiries, budget, and Council and CONDIR matters.
Nicolas’ work in the RO covers a range of topics covered in the LPUN course, in particular, on
budget, financing and SDG reporting. He has been an assistant instructor in the course since 2023.

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