LAW-INT1: International Law and Treaty Law (1)

COURSE DESCRIPTION

“International Law and Treaty Law” is a rigorous and intellectually engaging university course that delves into the multifaceted realm of international legal principles and the fundamental role of treaties in regulating relations between states. This course provides students with a comprehensive understanding of the principles, sources, and mechanisms of international law, with a particular focus on treaties as pivotal instruments of state cooperation and governance in the global arena.

COURSE OBJECTIVES | LEARNING OUTCOMES

1. Foundations of International Law:
   • Explore the historical development and theoretical underpinnings of international law.
   • Examine the key principles of international law, including state sovereignty, state responsibility, and the principle of pacta sunt servanda (agreements must be kept).
2. Sources of International Law:
   • Investigate the various sources of international law, including treaties, customary international law, general principles, and judicial decisions.
   • Analyze the hierarchy and relevance of these sources in international legal practice.
3. Treaty Law and Practice:
   • Study the anatomy of treaties, from negotiation and conclusion to ratification and entry into force.
   • Explore the functions of treaties, including the codification of norms, dispute resolution, and the creation of international organizations.
4. Treaty Interpretation and Application:
   • Develop skills in interpreting and applying treaty provisions using established principles and methods.
   • Examine landmark cases and legal precedents related to treaty interpretation.
5. Multilateral Treaties and International Organizations:
   • Analyze the role of multilateral treaties in addressing global issues, such as human rights, environmental protection, and disarmament.
   • Investigate the functions and legal status of international organizations in treaty-making and implementation.
6. Treaty-Making Processes:
   • Explore the diplomatic and legal aspects of treaty negotiations, including the participation of state and non-state actors.
   • Evaluate the challenges and dynamics of modern treaty-making in a rapidly changing global landscape.
7. Contemporary Issues in Treaty Law:
   • Examine pressing topics in international law, such as humanitarian law, climate change agreements, and trade treaties.
   • Analyze the evolving role of treaties in addressing current global challenges.
8. Compliance, Enforcement, and Dispute Resolution:
   • Investigate mechanisms for ensuring treaty compliance, including international courts and tribunals.
   • Study case studies of treaty disputes and the resolution processes involved.

“International Law and Treaty Law” is designed for students interested in pursuing careers in international law, diplomacy, international organizations, government, and the legal profession. Through a blend of theoretical discussions, case studies, and practical exercises, this course equips students with the knowledge and analytical skills necessary to navigate the complexities of international legal frameworks and treaty negotiation processes effectively. Upon completion of this course, students will be well-prepared to contribute to the promotion of international cooperation and the resolution of global issues through the application of treaty law and international legal principles.

At the end of this course, the student will be able to:

• Discuss “pacta sunt servanda”
• Discuss jus congens
• Define what a “treaty” is
• Discuss ratification and signature
• Explain ex-officio authority to bind the state with full powers
• Discuss various types (regimes) of treaty
• Discuss how to identify binding vs non-binding instruments
• Explain how M.O.U differs from MOU (Aust)
• articulate appropriate recommendations for M&E in a specific context.

COURSE CMS SPECIFICS

• Credit value: 3-6 (US standard) | 6-12 (ECTS standard)
• Indicative duration (full-time): 4-10 weeks
• Indicative duration (part-time): 5-12 week
• Certificate: Yes

COURSE METHODOLOGY

This course is based on standard EUCLID methodology. Students may refer to the following resources:

• Academic Guidelines (HQ version)
• Academic Guidelines (most recent version, even if unofficial)
• Student Orientation Guidelines (most recent version, even if unofficial)
• Zotero instructions for EUCLID students
• Grammarly instructions for EUCLID students

REQUIRED TEXTS AND MATERIAL

Course material is provided in the form of embedded videos, audio MP3s, and/or downloadable PDFs. The main textbooks are:

• Cassesse: International Law
• Aust: Treaty Law and Practice
• Scully: Binding and Non-Binding Instruments

COURSE INSTRUCTOR | ASSOCIATED FACULTY

Please contact the International Faculty Coordinator to confirm the current course/faculty/student assignment.

The regular instructor for this course is Prof Ludovic Chan-Tung (also a professor of Public Law at the University of Grenoble in France). He is bilingual in French and English.

COURSE SYLLABUS | ACCESS TO 7 PERIODS