2466.20 - International Law
Bachelor degree or the equivalent with adequate component of law.
To provide the students with a general knowledge of international law, with emphasis on sources of international law, treaty law and Statehood. The course is to be attended by students that are enrolled in Master of Law.
The course will look into different aspects of international law, that represents requisites to have a comprehensive 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. • Prevalence of international law over municipal law. • International legal subjects. • Constitutive criteria of statehood. • General principles in treaty law. • Customary treaty interpretative rules. • Constitutive criteria for engaging responsibility for international wrongful acts. • Resolution of disputes. • Fundamental principles underlying dispute settlement mechanisms. • Access of private persons to dispute settlement mechanisms against States. • International organizations. • United Nations. • Coastal States exclusive and sovereign rights to exploit natural resources in EEZ. • High seas rights. • Continental shelf in international law.
Learning and teaching approaches
The course will consist of lectures of the professor, but also include class discussions and assignments based on the Socratic method. The course will also require students to make presentations.
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 practise 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 4 hour written exam accounts for 2/3 of the grade, while a written home assignment counts for 1/3. It is a precondition for the exam that the student has passed the home assignment, assessed as an independent performance. The student will at the final exam have access to the internet and all course materials.
Bjørn Kunoy: Materials for International Law, will be available on Moodle prior to teaching sessions.