2848.19 - International Law
Upper secondary education or the equivalent.
The purpose of the course is to provide the students with a general introduction to international law, with a special emphasis on the law of treaties, the sources of international law, international legal theory, and the concept of Statehood.
The course will look into different aspects of international law, that represents requisites to have a general understanding of international law. These include, but are not limited to, sources of international law, relations between international law and municipal law, statehood, legal requisites of international legal subjects other than states, law of the treaties, dispute settlement mechanisms, state responsibility, international organizations and law of the sea. The below-mentioned topics will explicitly be addressed: • Definition of a treaty. • Constitutive criteria of international customary law. • General principles of law as sources of international law. • The prevalence of international law over municipal law. • International legal subjectivity. • The constitutive criteria of statehood. • General principles in the law on treaties. • Customary interpretative rules. • The rules and principles on responsibility for international wrongful acts. • Fundamental principles underlying dispute settlement mechanisms. • International organisations and their status as (limited) subjects of international law. • Basic principles underlying the UN organisation. • Coastal States exclusive and sovereign rights to exploit natural resources in EEZ. • The continental shelf in international law. • The theory of international law and the different roles of international jurists.
Learning and teaching approaches
Approx 40-45 class teaching (confrontation) hours. The course will consist of lectures of the teacher, but also include class discussions and assignments based on a critical dialogical model played out between students and students and teacher.
After completion of the course, the students shall be able to: - Describe international law, the legal sources, powers, institutions and mechanisms and institutions of conflict resolutions. - Demonstrate concrete and broad knowledge on substantive subjects of international law. - Explain the relevant methods of interpretation and the challenges of interpretation, including the importance of dynamic practice and customary law. - Understand and analyze complex jurisdictional aspects with regard to the resolution of international disputes. - Explain the practise of the various organs of conflict resolution. - Demonstrate abilities to apply international law. - Analyse the development that can be seen or be expected in various subfields of the discipline of international law. - Present and formulate knowledge and arguments correctly and succinctly in eloquent and correct language.
A multiple-choice exam early to the midt course will constitute 25% of the grade. A final written 4-hour exam at the end of the course will count for 75%. It is a precondition for attending the final written exam that the multiple-choice exam is passed. It is also a precondition for passing the course as a whole that the final written exam is passed. Only one combined grade will be given for both exam components.
Bjørn Kunoy: Materials for International Law, will be available on Moodle prior to teaching sessions. Between 800 and 900 pages.