Course description
This course addresses general international law, including the sources of international law (treaties, customary international law and general principles of law), rights and obligations of states and other subjects of international law, jurisdiction, responsibility, dispute settlement and an introduction to certain substantive areas of international law. Students taking this course are expected to have prior knowledge of international law.
Achievement requirements
Students are expected to achieve thorough knowledge of the following topics based on the reading list:
- The sources of international law, in particular treaty law and customary international law
- State jurisdiction
- The subjects of international law
- The institutions of international law
- The prohibition against the use of force
- State responsibility for non-compliance with international law
- Enforcement and dispute settlement
- The relationship between international law and national law
Students are expected to have general knowledge of the following topics based on the reading list:
- The history of international law
- International human rights
- International criminal law
- International environmental law
- International law and development
- International economic law
Reading list
Main literature:
Antonio Cassese: International Law, Second edition, Oxford University Press, 2005.
or
Malcolm D. Evans (ed.): International Law, Second edition, Oxford University Press, 2006.
Each of these books cover most of the achievement requirements, but must be supplemented by studying the articles mentioned below and primary sources, in particular relevant treaties, court decisions, and decisions of international institutions. Cassese’s book provides thorough discussions of topics in international law, often from a political and philosophical perspective, and requires good prior knowledge of the basic issues. Evan’s book is a compilation of contributions from a number of distinguished authors and provides varied introductions to most of the topics listed in the achievement requirements.
Articles:
You may search for articles by using “BIBSYS Ask” http://www.ub.uio.no/english/
International Law Association: “Report of the Committee on Formation of Customary (General) International Law. Statement of Principles Applicable to the Formation of General Customary International Law.” (2000).
Charlesworth, Hilary, Christine Chinkin and Shelley Wright. “Feminist Approaches to International Law.” The American Journal of International Law, Vol. 85, No. 4 (Oct., 1991), pp. 613-645
Peters, Anne. “Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures.” Leiden Journal of International Law, Vol. 19 (2006) pp. 579-610
Higgins, Rosalyn. “A Babel of Judicial Voices.” International and Comparative Law Quarterly, Vol. 55 No. 4 (2006) pp. 791-805
Koskenniemi, Martti. “Fragmentation of International Law: Difficulties Arising from Diversification and Expansion of International Law.” Report of the Study Group of the International Law Commission (2007).
Charnovitz, Steve. “Nongovernmental Organizations and International Law.” The American Journal of International Law, Vol. 100 No. 2 (2006), pp. 348-372
Ulfstein, Geir & Robin R. Churchill: “Autonomous Institutional Arrangements in Multilateral Environmental Agreements. A Little-Noticed Phenomenon in International Law.” The American Journal of International Law, Vol. 94 No. 4 (2000) pp. 623-659
Jackson, John H.: “The Changing Fundamentals of International Law and Ten Years of the WTO”, Journal of International Economic Law, Vol. 8 No. 1 (2005) pp. 3-15
Ehlermann, Claus-Dieter & Lothar Ehring: “Decision-Making in the World Trade Organization. Is the Consensus Practice of the World Trade Organization Adequate for Making, Revising and Implementing Rules on International Trade?” Journal of International Economic Law, Vol. 8 No. 1 (2005) pp. 51-75
Pahuja, Sundhya: “Beheading the Hydra: Legal Positivism and Development”, Law, Social Justice & Global Development journal 2007, issue 1
Supplementary literature:
Vaughan Lowe: International Law, Oxford University Press, 2007
This book can be recommended as an introduction to public international law, in particular for those who have little or no prior knowledge of public international law.
Elina Steinerte and Rebecca M. M. Wallace: Nutcases. International Law, First Edition, Thomson Sweet & Maxwell, 2008
This book is recommended as an introduction to and overview of cases in international law.