I/03 Legal Foundations

Sources of International Law
This course introduces the concept of “sources“ of law in the international legal system. It will allow the students to recognize what traditionally counts as “law” and how that law is formed. The lectures and readings will also expose the class to “soft law” and its significance. In the second part of the course, students will look at the sources of WTO law.

Sources of WTO Law and Interpretation
Having identified the sources of WTO law in the previous course, students in this course will be exposed to the methods of interpreting WTO law. The WTO Panels and the Appellate Body are often said to prefer the plain meaning of a rule over teleological treaty interpretation. Students will discuss the reasons for this rather textual interpretative rationale at times pitting the panel against the Appellate Body. One will touch upon the Vienna Convention on the Law of Treaties. By tracking WTO jurisprudence, students will gain insight on the role of public international law in the WTO, and why, with certain exceptions, sources of law other than the texts of the WTO agreements fall outside WTO jurisdiction, but form rules applicable to resolve a WTO dispute before the WTO judiciary.

Law of Treaties and Interpretation
The course will be focussed on a particular source of international law, namely the law of treaties. Treaties (or conventions), which are one of the most important sources of international law, will be considered under all their main legal aspects: the definition of conventional acts; the conclusion and validity of conventions; the interplay of treaties with the municipal law of the States; reservations to treaties; the scope of validity of treaties; the relationship of treaties with other sources of international law, namely customary law; the effect of treaties on third States; the interpretation of treaties; the modification of treaties; the termination of treaties. Moreover, the political importance of the treaty sphere will be considered, including in particular aspects relevant to the law: e.g. the movement towards the codification of international law.

Decision Making, International Organisations and Dispute Settlement
The course will give an introduction to the basic features of international organisations as well as an overview of the different means to solve international disputes peacefully. The first session will focus on international organisations and examine functions, types and structures of different organisations as well as their decision making mechanisms. The United Nations – by far the most important universal organisation - will serve as the main example to illustrate the different topics.  The course will also present the UN system and provide an overview of specialised agencies, funds and programs.
The second session will be dedicated to the peaceful settlement of disputes. On the basis of Chapter VI of the UN Charter, it will provide an overview of different means and instruments, ranging from diplomatic-political means to legally binding structures. Special emphasis will be placed on judicial mechanisms. Different institutions – in particular the International Court of Justice and the WTO dispute settlement mechanism - will be examined more closely.