JJUA55100U International Law-Making - NOTE: THE COURSE IS CANCELLED IN THE AUTUMN SEMESTER 2016
Aim: This course aims to provide master students from law and other disciplines (such as political science) with a deep theoretical and practical understanding of how international law is made. In a context of fragmentation and specialization of international law, the number of fora, processes, actors and instruments involved in international law-making has expanded. This reality requires of new frameworks and nuances of normativity to take account of the complex myriad of the international lawmaking. In turn, these questions open the debate on a number of legal issues, such as legitimacy and accountability. This course intends to give a theoretical and practical view on the making of international law, including informal law-making and regime interaction. The course’s goal is to broader and deeper student’s knowledge of public international law and international law-making and to supplement other bachelor and master courses offered by the faculty of law, such as International Law, which is a more general course, and International Organizations, which focuses mainly on courts and tribunals.
The course is divided into four parts:
The first part is an introduction to international law and international law creation, reviewing principal contemporary theories and concepts of international law, as they apply to law-making. This part introduces students to the main literature and theoretical debates and complexities in the area.
The second part of the course delves into international law-making by studying in depth both formal and informal law-making so as to provide the student with a broader and contemporary framework.
The third part explores regime interaction in international law, with a focus on the law-making stage. The last part of the course zooms in how international law is made in main issue-areas and provides the student with case studies to showcase examples, where the framework provided by the course can be applied.
This last part includes a session where students will present and discuss actively.
OPENING: Session 1 - Introduction to the course. Setting expectations. Assignment of presentations for the course.
Part I: INTRODUCTION: (Sessions 2-5)
Session 2 - Introduction to International Law and International Organizations. International Institutional Law
Session 3 - The making of international law: contemporary theories (I)
Session 4 - The making of international law: contemporary theories (II)
Session 5- International Law and International Relations theory
Part II: INTERNATIONAL LAW-MAKING: (Sessions 6-12)
Session 6 - International Law-Making : Actors
Session 7 - International Law-Making : Processes
Session 8 - International Law-Making : Instruments
Session 9 - International Law-Making : Courts and Tribunals
Session 10 - Informal International Law-Making (I): Conceptual Approaches and Legal Nature
Session 11 - Informal International Law-Making (II): Impact and Limits
Session 12 - Informal International Law-Making (III): Accountability
Part III: REGIME INTERACTION IN INTERNATIONAL LAW-MAKING: (Sessions 13-17)
Session 13 - Fragmentation of International Law and Regime Interaction
Session 14 - Regime Interaction in creating, implementing and enforcing international law
Session 15 -Transactional and Relational Interactions
Session 16 – The consequences and management of regime interaction.
Session 17 – A framework to promote regime interaction. Legitimacy.
Part IV: STUDYING LAW-MAKING IN SPECIFIC ISSUE-AREAS: (Sessions 19-24)
Session 19 – Law-making at the UN
Session 20 – Trade Regime
Session 21- Environment
Session 22- Climate Change
Session 23 - Case Study 1: The regulation of fisheries. Case Study 2: The regulation of greenhouse gas emissions from aviation and maritime transport.
Session 24 - Student Presentations CLOSING
Session 25 – Closing of the Course. Conclusions and sum up session with a workshop discussion exercise + questions on the written exam
By the end of the course, students:
•will be able to understand the multiple dimensions of international law-making and present and explain its complexity and challenges
•will be able to apply the theory and knowledge of international law-making to particular issue-areas.
•will be able to discuss and critically reflect upon international law-making both at the theory and the practical level, exploring their own critical thoughts in the written essay.
The mandatory readings and materials have been selected so as to provide the basic information and knowledge for the issues covered by the course. The readings and material will comprise approximately 500 pages. These material are enough to achieve the learning goals of the course. However, supplementary (optional) readings and materials to further into the topics covered by the course will be provided. Book chapters and articles (to the extent that is possible according to copyright rules) and legal material and cases will be compiled and uploaded at Absalon.
Some of readings for the course are selected from the following books:
•Boyle A. and Chinkin, C., The Making of International Law, 2007
•Klabbers, J., International Institutional Law, 2011
•Schermers, H.G. and Blokker, N.M, International Institutional Law, 2011
•Hurd, I., International Organizations, 2011
•Pauwelyn, J et al Ed. Informal International Law-Making, 2012
•Young, M. Regime Interaction in International Law, 2011
•Young, M. Trading fish, saving fish, 2010
•A compilation of academic articles, conventions and other material relevant to the course. (Distributed through Absalon)
- 15 ECTS
- Type of assessment
- Written assignmentIndividual written assignment
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
Exam date: December 16, 2016
Please see "Academic calendar" on KUnet.