PSCI 3340 101: International Law & Org

PSCI 3340 - International Law Org

Fall 2024 Syllabus, Section 101, CRN 15562


Instructor Information

Dr. Simon Zschirnt

Associate Professor of Political Science

Email: simon.zschirnt@tamiu.edu

Office: 376 Academic Innovation Center (AIC)

Office Hours:
MWF 12:00 - 1:00 and TR 10:00 - 11:30

Office Phone: 326-2619


Times and Location

MWF 1:10pm-2:05pm


Course Description

A survey of the historical development and present role played by international law in the world community, and the formation and operation of international organizations. Organizations to be examined include the United Nations, regional development banks, alliance systems, cartels, common markets, and other international political organizations.
Social Sciences Department, College of Arts & Sciences

Additional Course Information

This course is designed to familiarize students with the role of international law and organizations in the ordering of international affairs. The course is divided into 2 sections.

Section I looks at the theory and development of international law. In this section we will examine the emergence of international law as a concept and at the various sources from which international law is derived. We will also examine how courts have given shape to international law in important areas such as international human rights law, the law of state formation and territory, and the law of war. Finally, this section will also examine the emergence of significant bodies of international economic and environmental law as well as legal issues associated with the application of international law in American courts.

Section II looks at the enforcement of international law through international courts and other international organizations. In this section we will examine the work of courts such as the International Court of Justice and the International Criminal Court and of organizations such as the United Nations, the North Atlantic Treaty Organization, the Organization of American States, and other regional organizations. We will also look at patterns of state support for and opposition to international governance.

If you have any questions or problems, please feel free to email me or consult with me during my office hours. My office hours this semester are Monday, Wednesday, and Friday 12:00 – 1:00, Tuesday and Thursday 10:00 – 11:30, and by appointment.

Student Learning Outcomes

By the end of this course you should have demonstrated through examination, written assignments, and class discussion:

1) Understanding of the nature and sources of international legal obligation

2) Understanding of the role of international organizations in enforcing international obligations

3) The ability to apply this knowledge to understanding and evaluating contemporary debates over international law and organizations

Important Dates

Visit the Academic Calendar (tamiu.edu) page to view the term's important dates.

Textbooks

Group Title Author ISBN
Required International Law Frameworks (5th Edition) Chimène I. Keitner 9781647084417
Required International Organizations: The Politics and Processes of Global Governance (4th Edition) Margaret P. Karns, Tana Johnson, and Karen A. Mingst 9781685859794

Other Course Materials

All other assigned readings are available in the “Reading Assignments” folder on the course Blackboard page.

Grading Criteria

Your grade in this course will be based upon your performance on 2 exams (150 points each), 2 case briefs (50 points each), and 10 pop quizzes (10 points each).

There are a total of 500 points possible in the course. Letter grades will be assigned at the end of the semester based upon the following scale:

448 – 500 = A
398 – 447 = B
348 – 397 = C
298 – 347 = D
< 298   = F

EXAMS: Exams will consist of 3 or 4 essay questions. These will be drawn from a list of potential questions that will be made available for review prior to the exam. Make-up exams will only be given in extraordinary circumstances and with my prior approval.

EXAM SCHEDULE:

Midterm Exam  —  October 21

Final Exam  —  December 4

CASE BRIEFS: Case briefs will cover key cases in the development of international law that will be discussed in class. They should be submitted via Blackboard, be about 4-5 pages in length, and contain 3 sections. Section I should be titled “Case Syllabus” and it should describe the facts of the case and the legal issues involved (ex. “...Bosnia filed a claim with the International Court of Justice alleging that Serbia committed genocide against the Muslim population of Bosnia during the Bosnian War…”). Section II should be titled “Court Holding” and should explain the ruling (ex. “…The Court held that although the massacres of Muslims that occurred during the war were acts of genocide, the Serbian government was neither directly responsible for nor complicit in these acts...") and provide a brief description of any concurring or dissenting opinions (ex. "...Judge Al-Khasawneh dissented, arguing that the Serbian government's complicity in the Bosnian genocide was supported by 'massive and compelling' evidence...").  Section III should be titled "Legal Doctrine and Theory" and it should explain the importance of the case in the development of international law.  In particular, it should discuss how the case established, reaffirmed, or altered legal doctrine and the case's broader significance (ex. "...The Court reaffirmed the 'effective control' standard as the applicable standard for determining state responsibility for violations of international law by non-state actors...").

DISCUSSION: As part of your case brief assignment, you should be able to discuss your case and your reaction to it when it is covered in class. Therefore, if you are absent or unprepared when called upon on the day that your case is discussed, 5 points (10%) will be deducted from your case brief grade.

CASE BRIEF SCHEDULE:

Case Brief #1  —  September 6

Case Brief #2  —  October 11

POP QUIZZES: Because it is essential that you attend class and keep up with the assigned reading, 11 pop quizzes will be administered over the course of the semester (your lowest score will be dropped). These quizzes will cover the reading assigned for that day and consist of 2 or 3 questions.

Schedule of Topics and Assignments

Day Date Agenda/Topic Reading(s) Due
Mon 8/26 Introduction
Wed 8/28 Theories of International Law and Relations

Key Terms:
• Liberalism
• Natural law
• Positivism
• Realism
1) Keitner, Chapter 1

2) Karns, Johnson, & Mingst, Chapter 2
Fri 8/30 Sources of International Law (I)

Key Terms/Cases:
• General principles of law
• International custom
• Case of the SS Lotus (France v. Turkey)
• Asylum Case (Colombia v. Peru)
• Anglo-Norwegian Fisheries Case (United Kingdom v. Norway)
• Right of Passage Over Indian Territory (Portugal v. India)
• Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand)
Keitner, Chapter 3, pp. 31-38 and 39-43 and Chapter 4, pp. 45-46
Mon 9/2 Sources of International Law (II)

Key Term/Cases:
• Jus cogens
• Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Rwanda)
• Jurisdictional Immunities of the State (Germany v. Italy)
1) Keitner, Chapter 3, p. 38-39

2) Mary O’Connell. “Jus Cogens: International Law’s Higher Ethical Norms.” In Donald Childress (ed), The Role of Ethics in International Law. Cambridge University Press (2012)
Wed 9/4 The Law of Treaties (I)

Key Terms/Cases:
• Reservation
• Vienna Convention on the Law of Treaties
• Case of the SS Wimbledon (France, United Kingdom, Italy, and Japan v. Germany)
• Legal Status of Eastern Greenland (Denmark v. Norway)
• Reservations to the Convention on Genocide
• Nuclear Test Cases (Australia and New Zealand v. France)
• Belilos v. Switzerland
1) Keitner, Chapter 2, pp. 13-21

2) Madeline Morris. 2000. “Few Reservations About Reservations.” Chicago Journal of International Law 1: 341-46

3) Kenneth Roth. 2000. “The Charade of US Ratification of International Human Rights Treaties.” Chicago Journal of International Law 1: 347-53
Fri 9/6 The Law of Treaties (II)

Key Terms/Cases:
• Fundamental change of circumstances
• Intentionalism
• Material breach
• Teleological approach
• Textualism
• Fisheries Jurisdiction Case (United Kingdom v. Iceland)
• Gabĉikovo-Nagymaros Project Case (Hungary v. Slovakia)
Keitner, Chapter 2, pp. 21-29 CASE BRIEF #1
Mon 9/9 New Sources of International Law

Key Terms/Cases:
• Equity
• Humanity
• Opinio juris
• Corfu Channel Case (United Kingdom v. Albania)
• Filartiga v. Peña-Irala
• Texaco Overseas Petroleum Company v. Libya
1) Keitner, Chapter 4, pp. 47-54

2) Gregory Kerwin. 1983. “The Role of United Nations General Assembly Resolutions in Determining Principles of International Law in United States Courts.” Duke Law Journal 1983: 876-99
Wed 9/11 The State and State Formation

Key Terms/Cases:
• Montevideo Convention on the Rights and Duties of States
• Right of self-determination
• Statehood
• State succession
• Tinoco Concessions Arbitration (United Kingdom v. Costa Rica)
• In Re Duchy of Sealand
• Reference Re Secession of Quebec
• Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo
1) Keitner, Chapter 6

2) Jan Klabbers. 2006. “The Right to be Taken Seriously: Self-Determination in International Law.” Human Rights Quarterly 28: 186-206
Fri 9/13 The Individual in International Law (I)

Key Term/Cases:
• Nationality
• Nottebohm Case (Liechtenstein v. Guatemala)
• Expelled Dominican and Haitian People v. Dominican Republic
Keitner, Chapter 9, pp. 131-36 and 143-45
Mon 9/16 The Individual in International Law (II)

Key Terms/Cases:
• Aggression
• Crimes against humanity
• Genocide
• Universal jurisdiction
• War crimes
• Prosecutor v. Akayesu
• Prosecutor v. Nahimana
• Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)
1) Keitner, Chapter 9, pp. 136-43

2) Kirsten Sellars. 2011. “Imperfect Justice at Nuremberg and Tokyo.” European Journal of International Law 21: 1085-1102
Wed 9/18 State Responsibility for Violations of International Law

Key Terms/Cases:
• Attribution
• International minimum standard
• Harry Roberts Claim (United States v. Mexico)
• Case Concerning Barcelona Traction, Light & Power Company (Belgium v. Spain)
• Case Concerning United States Diplomatic and Consular Staff in Tehran (United States v. Iran)
• Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia- Herzegovina v. Serbia-Montenegro)
1) Keitner, Chapter 7

2) Susana SáCouto. 2007. “Reflections on the Judgment of the International Court of Justice in Bosnia’s Genocide Case Against Serbia and Montenegro.” Human Rights Brief 15: 1-5
Fri 9/20 International Human Rights Law (I)

Key Terms/Cases:
• International Covenant on Civil and Political Rights
• International Covenant on Economic, Social, and Cultural Rights
• Universal Declaration of Human Rights
• Lawless v. Ireland
• Soering v. United Kingdom
Keitner, Chapter 10, pp. 149-62
Mon 9/23 International Human Rights Law (II)

Key Terms/Case:
• Alien Tort Claims Act
• Humanitarian intervention
• Kiobel v. Royal Dutch Petroleum
1) Keitner, Chapter 10, pp. 162-74

2) Alexis Heraclides. 2015. “Humanitarian Intervention Yesterday and Today: A History.” European Review of International Studies 2: 15-37
Wed 9/25 The Law of State Territory

Key Terms/Case:
• Antarctic Treaty
• Global commons
• Outer Space Treaty
• Isle of Palmas Case (United States v. The Netherlands)
1) Keitner, Chapter 11

2) DP O’Connell. 1960. “International Law and Boundary Disputes.” Proceedings of the American Society of International Law at Its Annual Meeting (1921-1969) 54: 77-84
Fri 9/27 The Law of the Sea

Key Terms/Case:
• Contiguous zone
• Exclusive economic zone
• High seas
• Internal waters
• Territorial seas
• North Sea Continental Shelf Case (Germany v. Denmark and The Netherlands)
Keitner, Chapter 12
Mon 9/30 International Economic Law

Key Terms/Cases:
• Calvo doctrine
• General Agreement on Tariffs and Trade
• Hull formula
• Trade-Related Aspects of Intellectual Property Rights
• Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda)
• Factory at Chorzów (Germany v. Poland)
• European Communities — Asbestos
Keitner, Chapter 14
Wed 10/2 International Environmental Law

Key Terms/Cases:
• No harm principle
• Good neighbor principle
• Trail Smelter Arbitration
• Pulp Mills on the River Uruguay (Argentina v. Uruguay)
Keitner, Chapter 13
Fri 10/4 The Use of Force (I)

Key Terms/Cases:
• Aggression
• Countermeasures
• Necessity
• Proportionality
• Air Services Agreement Case (France v. United States)
Keitner, Chapter 15, pp. 235-43
Mon 10/7 The Use of Force (II)

Key Case:
• Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States)
1) Keitner, Chapter 15, pp. 243-54

2) W. Michael Reisman. 1984. “Coercion and Self- Determination: Construing Article 2(4).” American Journal of International Law 78: 642-45

3) Oscar Schachter. 1984. “The Legality of Pro-Democratic Invasion.” American Journal of International Law 78: 645-50
Wed 10/9 The Law of War

Key Terms/Cases:
• Geneva Conventions
• Hague Regulations
• Ex Parte Quirin
• United States v. Yamashita
• Legality of the Threat or Use of Nuclear Weapons
• Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
1) Keitner, Chapter 16

2) Dale Stephens. 2001. “Human Rights and Armed Conflict — The Advisory Opinion of the International Court of Justice in the Nuclear Weapons Case.” Yale Human Rights & Development Law Journal 4: 1-24
Fri 10/11 The Relationship between International and Domestic Law (I)

Key Terms/Cases:
• Dualism
• Monism
• Reid v. Covert
• R. v. Jones
• Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria)
Keitner, Chapter 17, pp. 271-76 CASE BRIEF #2
Mon 10/14 The Relationship between International and Domestic Law (II)

Key Cases:
• The Paquete Habana Case
• Zschernig v. Miller
• Roper v. Simmons
• Al-Bihani v. Obama
1) Keitner, Chapter 17, pp. 276-80

2) Gerald Neuman. 2006. “International Law as a Resource in Constitutional Interpretation.” Harvard Journal of Law & Public Policy 30: 177-89

3) Frank Easterbrook. 2006. “Foreign Sources and the American Constitution.” Harvard Journal of Law & Public Policy 30: 223-30
Wed 10/16 International Agreements in American Law

Key Terms/Cases:
• Executive agreement
• Murray v. The Charming Betsy
• Missouri v. Holland
• United States v. Pink
• Goldwater v. Carter
• Medellín v. Texas
1) Keitner, Chapter 18

2) Simcha Herzog. 2005. “States’ Rights and the Scope of the Treaty Power: Could the Patriot Act be Constitutional as a Treaty?” Pierce Law Review 3: 161-81
Fri 10/18 International Limits on the Jurisdiction of National Courts

Key Terms/Cases:
• Act of state doctrine
• Diplomatic immunity
• Lotus presumption
• Sovereign immunity
• The Schooner Exchange v. McFaddon
• Banco Nacional de Cuba v. Sabbatino
• Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)
Keitner, Chapters 19 and 20
Mon 10/21 MIDTERM EXAM
Wed 10/23 The United Nations

Key Terms/Case:
• Concert of Europe
• Hague System
• League of Nations
• United Nations Charter
• United Nations General Assembly
• United Nations Secretariat
• Certain Expenses of the United Nations
Karns, Johnson, & Mingst, Chapter 3, pp, 73-86 and Chapter 4, pp. 109-42 and 146-62
Fri 10/25 The United Nations Collective Security System

Key Terms:
• Permanent 5
• Responsibility to protect
• United Nations Security Council
Karns, Johnson, & Mingst, Chapter 7, pp. 269-83 and 289-332
Mon 10/28 Regional Organizations

Key Terms:
• African Union
• Association of Southeast Asian Nations
• European Union
• League of Arab States
• North Atlantic Treaty Organization
• Organization of American States
Karns, Johnson, & Mingst, Chapter 5
Wed 10/30 The International Court of Justice (I)

Key Terms/Cases:
• Adjudication
• Arbitration
• Mediation
• Negotiation
• Reparation for Injuries Suffered in the Service of the United Nations
• Certain Norwegian Loans (France v. Norway)
Karns, Johnson, & Mingst, Chapter 4, pp. 142-46 and Chapter 7, pp. 283-89
Fri 11/1 The International Court of Justice (II)

Key Cases:
• Monetary Gold Removed from Rome in 1943 (Italy v. France, United Kingdom, and United States)
• South West Africa Case (Ethiopia and Liberia v. South Africa)
• Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory
Eric Posner and Miguel de Figueiredo. 2005. “Is the International Court of Justice Biased?” Journal of Legal Studies 34: 599-630
Mon 11/4 Ad Hoc United Nations Tribunals

Key Terms/Cases:
• United Nations International Criminal Tribunal for the Former Yugoslavia
• United Nations International Criminal Tribunal for Rwanda
• Prosecutor v. Tadić
• Prosecutor v. Kambanda
• Prosecutor v. Krstić
1) Karns, Johnson, & Mingst, Chapter 9, pp. 459-61

2) Richard Wilson. 2005. “Judging History: The Historical Record of the International Criminal Tribunal for the Former Yugoslavia.” Human Rights Quarterly 27: 908-42

3) Roman Boed. 2002. “The United Nations International Criminal Tribunal for Rwanda: Its Establishment, Work, and Impact on International Criminal Justice.” Perspectives 17: 59-67
Wed 11/6 The International Criminal Court

Key Terms:
• American Service Members’ Protection Act
• Rome Statute of the International Criminal Court
1) Karns, Johnson, & Mingst, Chapter 9, pp. 461-64

2) Jack Goldsmith. 2003. “The Self-Defeating International Criminal Court.” University of Chicago Law Review 70: 89-104

3) Kirsten Ainley. 2011. “The International Criminal Court on Trial.” Cambridge Review of International Affairs 24: 309-33
Fri 11/8 Regional Systems of Human Rights Protection (I)

Key Terms/Cases:
• African Charter on Human and Peoples’ Rights
• African Commission on Human and Peoples’ Rights
• African Court on Human and Peoples’ Rights
• Tanganyika Law Society and Legal and Human Rights Centre v. Tanzania
• Konaté v. Burkina Faso
• Actions pour la Protection des Droits de l’Homme v. Ivory Coast
• African Commission on Human and Peoples’ Rights v. Kenya
• Association pour les Progrès et la Défense des Droits des Femmes Maliennes v. Mali
1) Karns, Johnson, & Mingst, Chapter 9, pp. 445-46 and 465-67

2) Manisuli Ssenyonjo. 2018. “Responding to Human Rights Violations in Africa: Assessing the Role of the African Commission and Court on Human and Peoples’ Rights (1987-2018).” International Human Rights Law Review 7: 1-42
Mon 11/11 Regional Systems of Human Rights Protection (II)

Key Terms/Cases:
• American Convention on Human Rights
• Inter-American Commission on Human Rights
• Inter-American Court of Human Rights
• Barrios Altos v. Peru
• Juridical Condition and Rights of the Undocumented Migrants
• Yean and Bosico v. Dominican Republic
• Case of the Pueblo Bello Massacre v. Colombia
• Sawhoyamaxa Indigenous Community of the Enxet People v. Paraguay
• Lagos del Campo v. Peru
• Gender Identity and Equality and Non-Discrimination of Same-Sex Couples
James Cavallaro and Stephanie Brewer. 2008. “Reevaluating Regional Human Rights Litigation in the 21st Century: The Case of the Inter-American Court.” American Journal of International Law 102: 768-827
Wed 11/13 Regional Systems of Human Rights Protection (III)

Key Terms/Cases:
• European Convention on Human Rights
• European Court of Human Rights
• Margin of appreciation
• Marckx v. Belgium
• Loizidou v. Turkey
• Ceylan v. Turkey
• Banković v. Belgium
• Goodwin v. United Kingdom
• Pretty v. United Kingdom
• Oliari v. Italy
• Verein KlimaSeniorinnen Schweiz and Others v. Switzerland
1) Mikael Madsen. 2007. “From Cold War Instrument to Supreme European Court: The European Court of Human Rights at the Crossroads of International and National Law and Politics.” Law & Social Inquiry 32: 137-59

2) Eyal Benvenisti. 1999. “Margin of Appreciation, Consensus, and Universal Standards.” International Law & Politics 31: 843-54
Fri 11/15 International Economic Governance

Key Terms:
• International Monetary Fund
• Structural adjustment
• World Bank
• World Trade Organization
Karns, Johnson, & Mingst, Chapter 8
Mon 11/18 International Environmental Governance

Key Terms/Case:
• Paris Agreement
• Precautionary principle
• Stockholm Declaration
• United Nations Environment Program
• United States — Import Prohibition of Certain Shrimp and Shrimp Products
Karns, Johnson, & Mingst, Chapter 10
Wed 11/20 International Governance of Arms Control, Non-Proliferation, and Terrorism

Key Terms:
• Biological Weapons Convention
• Chemical Weapons Convention
• Comprehensive Nuclear Test Ban Treaty
• Convention for the Suppression of Financing for Terrorism
• International Atomic Energy Agency
• Mine Ban Treaty
• Treaty on the Non-Proliferation of Nuclear Weapons
1) Karns, Johnson, & Mingst, Chapter 7, pp. 332-58

2) Mary O’Connell and Maria Alevras-Chen. 2007. “The Ban on the Bomb — and Bombing: Iran, the US, and the International Law of Self-Defense.” Syracuse Law Review 57 (2007): 497-517
Fri 11/22 The Role of Non-Governmental Organizations in International Governance

Key Terms:
• Advocacy
• Operations
Karns, Johnson, & Mingst, Chapter 6
Mon 11/25 State Attitudes Toward International Governance (I)

Key Terms:
• Great power states
• Middle power states
• Small states
Karns, Johnson, & Mingst, Chapter 9, pp. 478-80 and Chapter 12, pp. 583-85
Wed 11/27 No Class
Fri 11/29 No Class
Mon 12/2 State Attitudes Toward International Governance (II)

Key Terms:
• Established democracies
• New democracies
Andrew Moravcsik. 2000. “The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe.” International Organization 54: 217-52
Wed 12/4 FINAL EXAM

University/College Policies

Please see the University Policies below.

COVID-19 Related Policies

If you have tested positive for COVID-19, if you have been exposed to someone who tested positive for COVID-19 or if you have symptoms and may have COVID-19, report to the Office of Student Health Services, studenthealth@tamiu,edu or x2238, for further instructions.

If you test positive:

  • No isolation required if asymptomatic
  • If symptomatic, may return to campus when symptoms are improving and you are fever-free for at least 24 hours without the use of fever reducing medications
  • Students requiring documentation for class absences must report directly to Student Health Services
  • After returning to campus, wearing a well-fitting mask is recommended for 5 days

If you are exposed:

  • No isolation required
  • Monitor for symptoms
  • Wear a mask around others for 5 days
  • It is recommended you test 5 full days after your last exposure

If you have symptoms:

  • Stay home
  • It is recommended you test as soon as possible

*Students who live on campus and have tested positive will no longer be required to move to an isolation space.  Students may remain in dorm and take recommended precautions.  No food delivery will be available during this time.

Required Class Attendance

Students are expected to attend every class in person (or virtually, if the class is online) and to complete all assignments. If you cannot attend class, it is your responsibility to communicate absences with your professors. The faculty member will decide if your excuse is valid and thus may provide lecture materials of the class. According to University policy, acceptable reasons for an absence, which cannot affect a student’s grade, include:

  • Participation in an authorized University activity.
  • Death or major illness in a student’s immediate family.
  • Illness of a dependent family member.
  • Participation in legal proceedings or administrative procedures that require a student’s presence.
  • Religious holy day.
  • Illness that is too severe or contagious for the student to attend class.
  • Required participation in military duties.
  • Mandatory admission interviews for professional or graduate school which cannot be rescheduled.

Students are responsible for providing satisfactory evidence to faculty members within seven calendar days of their absence and return to class. They must substantiate the reason for the absence. If the absence is excused, faculty members must either provide students with the opportunity to make up the exam or other work missed, or provide a satisfactory alternative to complete the exam or other work missed within 30 calendar days from the date of absence. Students who miss class due to a University-sponsored activity are responsible for identifying their absences to their instructors with as much advance notice as possible. 

Classroom Behavior (applies to online or Face-to-Face Classes)

TAMIU encourages classroom discussion and academic debate as an essential intellectual activity. It is essential that students learn to express and defend their beliefs, but it is also essential that they learn to listen and respond respectfully to others whose beliefs they may not share. The University will always tolerate different, unorthodox, and unpopular points of view, but it will not tolerate condescending or insulting remarks. When students verbally abuse or ridicule and intimidate others whose views they do not agree with, they subvert the free exchange of ideas that should characterize a university classroom. If their actions are deemed by the professor to be disruptive, they will be subject to appropriate disciplinary action (please refer to Student Handbook Article 4).

TAMIU Honor Code: Plagiarism and Cheating

As a TAMIU student, you are bound by the TAMIU Honor Code to conduct yourself ethically in all your activities as a TAMIU student and to report violations of the Honor Code. Please read carefully the Student Handbook Article 7 and Article 10 available at https://www.tamiu.edu/scce/studenthandbook.shtml.

We are committed to strict enforcement of the Honor Code. Violations of the Honor Code tend to involve claiming work that is not one’s own, most commonly plagiarism in written assignments and any form of cheating on exams and other types of assignments.

Plagiarism is the presentation of someone else’s work as your own. It occurs when you:

  1. Borrow someone else’s facts, ideas, or opinions and put them entirely in your own words. You must acknowledge that these thoughts are not your own by immediately citing the source in your paper. Failure to do this is plagiarism.
  2. Borrow someone else’s words (short phrases, clauses, or sentences), you must enclose the copied words in quotation marks as well as citing the source. Failure to do this is plagiarism.
  3. Present someone else’s paper or exam (stolen, borrowed, or bought) as your own. You have committed a clearly intentional form of intellectual theft and have put your academic future in jeopardy. This is the worst form of plagiarism.

Here is another explanation from the 2020, seventh edition of the Manual of The American Psychological Association (APA):

“Plagiarism is the act of presenting the words, idea, or images of another as your own; it denies authors or creators of content the credit they are due.  Whether deliberate or unintentional, plagiarism violates ethical standards in scholarship” (p. 254)

Plagiarism: Researchers do not claim the words and ideas of another as their own; they give credit where credit is due. Quotations marks should be used to indicate the exact words of another. Each time you paraphrase another author (i.e., summarize a passage or rearrange the order of a sentence and change some of the words), you need to credit the source in the text. The key element of this principle is that authors do not present the work of another as if it were their own words. This can extend to ideas as well as written words. If authors model a study after one done by someone else, the originating author should be given credit. If the rationale for a study was suggested in the discussion section of someone else's article, the person should be given credit. Given the free exchange of ideas, which is very important for the health of intellectual discourse, authors may not know where an idea for a study originated. If authors do know, however, they should   acknowledge the source; this includes personal communications (p. 11). For guidance on proper documentation, consult the Academic Success Center or a recommended guide to documentation and research such as the Manual of the APA or the MLA Handbook for Writers of Research Papers. If you still have doubts concerning proper documentation, seek advice from your instructor prior to submitting a final draft.

TAMIU has penalties for plagiarism and cheating.

  • Penalties for Plagiarism: Should a faculty member discover that a student has committed plagiarism, the student should receive a grade of 'F' in that course and the matter will be referred to the Honor Council for possible disciplinary action. The faculty member, however, may elect to give freshmen and sophomore students a “zero” for the assignment and to allow them to revise the assignment up to a grade of “F” (50%) if they believe that the student plagiarized out of ignorance or carelessness and not out of an attempt to deceive in order to earn an unmerited grade; the instructor must still report the offense to the Honor Council. This option should not be available to juniors, seniors, or graduate students, who cannot reasonably claim ignorance of documentation rules as an excuse. For repeat offenders in undergraduate courses or for an offender in any graduate course, the penalty for plagiarism is likely to include suspension or expulsion from the university.
    • Caution: Be very careful what you upload to Turnitin or send to your professor for evaluation. Whatever you upload for evaluation will be considered your final, approved draft. If it is plagiarized, you will be held responsible. The excuse that “it was only a draft” will not be accepted.
    • Caution:  Also, do not share your electronic files with others. If you do, you are responsible for the possible consequences. If another student takes your file of a paper and changes the name to his or her name and submits it and you also submit the paper, we will hold both of you responsible for plagiarism. It is impossible for us to know with certainty who wrote the paper and who stole it. And, of course, we cannot know if there was collusion between you and the other student in the matter.
  • Penalties for Cheating: Should a faculty member discover a student cheating on an exam or quiz or other class project, the student should receive a “zero” for the assignment and not be allowed to make the assignment up. The incident should be reported to the chair of the department and to the Honor Council. If the cheating is extensive, however, or if the assignment constitutes a major grade for the course (e.g., a final exam), or if the student has cheated in the past, the student should receive an “F” in the course, and the matter should be referred to the Honor Council. Additional penalties, including suspension or expulsion from the university may be imposed. Under no circumstances should a student who deserves an “F” in the course be allowed to withdraw from the course with a “W.”
    • Caution: Chat groups that start off as “study groups” can easily devolve into “cheating groups.” Be very careful not to join or remain any chat group if it begins to discuss specific information about exams or assignments that are meant to require individual work. If you are a member of such a group and it begins to cheat, you will be held responsible along with all the other members of the group. The TAMIU Honor Code requires that you report any such instances of cheating.
  • Student Right of Appeal: Faculty will notify students immediately via the student’s TAMIU e- mail account that they have submitted plagiarized work. Students have the right to appeal a faculty member’s charge of academic dishonesty by notifying the TAMIU Honor Council of their intent to appeal as long as the notification of appeal comes within 10 business days of the faculty member’s e-mail message to the student and/or the Office of Student Conduct and Community Engagement. The Student Handbook provides more details.

Use of Work in Two or More Courses

You may not submit work completed in one course for a grade in a second course unless you receive explicit permission to do so by the instructor of the second course. In general, you should get credit for a work product only once. 

TAMIU E-Mail and Dusty Alert

Personal Announcements sent to students through TAMIU E-mail (tamiu.edu or dusty email) are the official means of communicating course and university business with students and faculty –not the U.S. Mail and no other e-mail addresses. Students and faculty must check their TAMIU e-mail accounts regularly, if not daily. Not having seen an important TAMIU e-mail or message from a faculty member, chair, or dean is not accepted as an excuse for failure to take important action. Students, faculty, and staff are encouraged to sign-up for Dusty Alert (see https://www.tamiu.edu). Dusty Alert is an instant cell phone text-messaging system allowing the university to communicate immediately with you if there is an on-campus emergency, something of immediate danger to you, or a campus closing.

Copyright Restrictions

The Copyright Act of 1976 grants to copyright owners the exclusive right to reproduce their works and distribute copies of their work. Works that receive copyright protection include published works such as a textbook. Copying a textbook without permission from the owner of the copyright may constitute copyright infringement. Civil and criminal penalties may be assessed for copyright infringement. Civil penalties include damages up to $100,000; criminal penalties include a fine up to $250,000 and imprisonment. Copyright laws do not allow students and professors to make photocopies of copyrighted materials, but you may copy a limited portion of a work, such as article from a journal or a chapter from a book for your own personal academic use or, in the case of a professor, for personal, limited classroom use. In general, the extent of your copying should not suggest that the purpose or the effect of your copying is to avoid paying for the materials. And, of course, you may not sell these copies for a profit. Thus, students who copy textbooks to avoid buying them or professors who provide photocopies of textbooks to enable students to save money are violating the law.

Students with Disabilities

Texas A&M International University seeks to provide reasonable accommodations for all qualified persons with disabilities. This University will adhere to all applicable federal, state, and local laws, regulations and guidelines with respect to providing reasonable accommodations as required to afford equal education opportunity. It is the student's responsibility to register with the Office of Student Counseling and Disability Services located in Student Center 126. This office will contact the faculty member to recommend specific, reasonable accommodations. Faculty are prohibited from making accommodations based solely on communications from students. They may make accommodations only when provided documentation by the Student Counseling and Disability Services office.

Student Attendance and Leave of Absence (LOA) Policy

As part of our efforts to assist and encourage all students towards graduation, TAMIU provides
LOA’s for students, including pregnant/parenting students, in accordance with the Attendance Rule (Section 3.07) and the Student LOA Rule (Section 3.08), which includes the “Leave of Absence Request” form. Both rules can be found in the TAMIU Student Handbook (URL: http://www.tamiu.edu/studentaffairs/StudentHandbook1.shtml).

Pregnant and Parenting Students

Under Title IX of the Education Amendments of 1972, harassment based on sex, including harassment because of pregnancy or related conditions, is prohibited. A pregnant/parenting student must be granted an absence for as long as the student’s physician deems the absence medically necessary. It is a violation of Title IX to ask for documentation relative to the pregnant/parenting student’s status beyond what would be required for other medical conditions. If a student would like to file a complaint for discrimination due to his or her pregnant/parenting status, please contact the TAMIU Title IX Coordinator (Lorissa M. Cortez, 5201 University Boulevard, KLM 159B, Laredo, TX 78041,TitleIX@tamiu.edu, 956.326.2857) and/or the Office of Civil Rights (Dallas Office, U.S. Department of Education, 1999 Bryan Street, Suite 1620, Dallas, TX 75201-6810, 214.661.9600). You can also report it on TAMIU’s anonymous electronic reporting site: https://www.tamiu.edu/reportit.

TAMIU advises a pregnant/parenting student to notify their professor once the student is aware that accommodations for such will be necessary. It is recommended that the student and professor develop a reasonable plan for the student’s completion of missed coursework or assignments. The Office of Equal Opportunity and Diversity (Lorissa M. Cortez, lorissam.cortez@tamiu.edu) can assist the student and professor in working out the reasonable accommodations. For other questions or concerns regarding Title IX compliance related to pregnant/parenting students at the University, contact the Title IX Coordinator. In the event that a student will need a leave of absence for a substantial period of time, TAMIU urges the student to consider a Leave of Absence (LOA) as outlined in the TAMIU Student Handbook. As part of our efforts to assist and encourage all students towards graduation, TAMIU provides LOA’s for students, including pregnant/parenting students, in accordance with the Attendance Rule and the Student LOA Rule. Both rules can be found in the TAMIU Student Handbook (https://www.tamiu.edu/scce/studenthandbook.shtml).

Anti-Discrimination/Title IX

TAMIU does not discriminate or permit harassment against any individual on the basis of race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation or gender identity in admissions, educational programs, or employment. If you would like to file a complaint relative to Title IX or any civil rights violation, please contact the TAMIU Director of Equal Opportunity and Diversity/Title IX Coordinator, Lorissa M. Cortez, 5201 University Boulevard, Killam Library 159B, Laredo, TX 78041,TitleIX@tamiu.edu, 956.326.2857, via the anonymous electronic reporting website, ReportIt, at https://www.tamiu.edu/reportit, and/or the Office of Civil Rights (Dallas Office), U.S. Department of Education, 1999 Bryan Street, Suite 1620, Dallas, TX 75201-6810, 214.661.9600.

Incompletes

Students who are unable to complete a course should withdraw from the course before the final date for withdrawal and receive a “W.” To qualify for an “incomplete” and thus have the opportunity to complete the course at a later date, a student must meet the following criteria:

  1. The student must have completed 90% of the course work assigned before the final date for withdrawing from a course with a “W”, and the student must be passing the course;
  2. The student cannot complete the course because an accident, an illness, or a traumatic personal or family event occurred after the final date for withdrawal from a course;
  3. The student must sign an “Incomplete Grade Contract” and secure signatures of approval from the professor and the college dean.
  4. The student must agree to complete the missing course work before the end of the next long semester; failure to meet this deadline will cause the “I” to automatically be converted to an “F”; extensions to this deadline may be granted by the dean of the college. This is the general policy regarding the circumstances under which an “incomplete” may be granted, but under exceptional circumstances, a student may receive an incomplete who does not meet all of the criteria above if the faculty member, department chair, and dean recommend it.

WIN Contracts

The Department of Biology and Chemistry does not permit WIN contracts. For other departments within the college, WIN Contracts are offered only under exceptional circumstances and are limited to graduating seniors. Only courses offered by full-time TAMIU faculty or TAMIU instructors are eligible to be contracted for the WIN requirement. However, a WIN contract for a course taught by an adjunct may be approved, with special permission from the department chair and dean. Students must seek approval before beginning any work for the WIN Contract. No student will contract more than one course per semester. Summer WIN Contracts must continue through both summer sessions.

Student Responsibility for Dropping a Course

It is the responsibility of the student to drop the course before the final date for withdrawal from a course. Faculty members, in fact, may not drop a student from a course without getting the approval of their department chair and dean.

Independent Study Course

Independent Study (IS) courses are offered only under exceptional circumstances. Required courses intended to build academic skills may not be taken as IS (e.g., clinical supervision and internships). No student will take more than one IS course per semester. Moreover, IS courses are limited to seniors and graduate students. Summer IS course must continue through both summer sessions.

Grade Changes & Appeals

Faculty are authorized to change final grades only when they have committed a computational error or an error in recording a grade, and they must receive the approval of their department chairs and the dean to change the grade. As part of that approval, they must attach a detailed explanation of the reason for the mistake. Only in rare cases would another reason be entertained as legitimate for a grade change. A student who is unhappy with his or her grade on an assignment must discuss the situation with the faculty member teaching the course. If students believe that they have been graded unfairly, they have the right to appeal the grade using a grade appeal process in the Student Handbook and in the Faculty Handbook.

Final Examination

All courses in all colleges must include a comprehensive exam or performance and be given on the date and time specified by the Academic Calendar and the Final Exam schedule published by the Registrar’s Office. In the College of Arts & Sciences all final exams must contain a written component. The written component should comprise at least 20% of the final exam grade. Exceptions to this policy must receive the approval of the department chair and the dean at the beginning of the semester.

Mental Health and Well-Being

The university aims to provide students with essential knowledge and tools to understand and support mental health. As part of our commitment to your well-being, we offer access to Telus Health, a service available 24/7/365 via chat, phone, or webinar. Scan the QR code to download the app and explore the resources available to you for guidance and support whenever you need it. The Telus app is available to download directly from TELUS (tamiu.edu) or from the Apple App Store and Google Play.