1. Ole Kr. Fauchald25.06.20161 The course n Evans / Cassese – one is sufficient! n Get a treaty collection as soon as possible! ä Relevant treaty collections and notations: http://www.jus.uio.no/studier/regelverk/auxili ary-materials.html http://www.jus.uio.no/studier/regelverk/auxili ary-materials.html ä The treaty database: http://www.jus.uio.no/treaties/ http://www.jus.uio.no/treaties/ n Reading list n Mix of lectures and case studies n Mock exam

2. Ole Kr. Fauchald25.06.20162 A starting point n Two main perspectives ä The positivist perspective ä The natural law perspective n State sovereignty as the basic concept ä Consent as a condition for the establishment of legally binding norms ä Horizontal structure ä Builds on a positivist tradition, reflects formalism? n Pre-existing norms or fundamental norms ä There exist norms against which international law can be measured ä Hierarchical structure ä Builds on a natural law perspective, reflects instrumentalism?

3. Ole Kr. Fauchald25.06.20163 Combining the perspectives n Building a legal system? n From ”contractual” to ”law-based”? ä The need for ”secondary norms” ä The need to establish predictability and stability ä The need to establish minimum protection ä The need to facilitate exchange – harmonization and multilateralism ä The need to distinguish between superior and inferior norms n Where are we currently, and where are we heading? The fragmentation debate.

4. Ole Kr. Fauchald25.06.20164 The ”softness” of int’l law n The issue of consent ä Legitimacy ä Pragmatism ä Compromises and possibilities of misuse ä The ”birth” and ”life” of int’l institutions n The need to specify the rules ä The use of ”soft law” ä Help from institutions? n Facilitate or force into compliance? ä Reciprocity ä Free riding ä Tragedy of the commons ä Work towards common good n Can we accept legal relativism? Is the ”soft law” development undermining int’l law?

5. Ole Kr. Fauchald25.06.20165 Law and policy 1. Is there a generally recognized definition of ”law”? 2. If yes: Does international law in general, in certain areas or not at all fulfil the definition of ”law”? 3. Would the following statement be correct: ”International law cannot be distinguished from international policy”? Why (not)? 4. Is ”rule of law” relevant in int’l law?

6. Ole Kr. Fauchald25.06.20166 Where do we find int’l law n Art. 38 of the Statute of the ICJ n Treaties ä Bilateral, regional, multilateral, global ä Contractual and law-making ä The Vienna Convention on the Law of Treaties n Customary law ä State practice ä Opinio juris n General principles of law n Unilateral acts

7. Ole Kr. Fauchald25.06.20167 Int’l law vs. domestic law I n Int’l law: Lack of general framework for: ä Enacting laws (UNGA, International Law Commission) ä Courts (ICJ, treaty based courts) ä Use of force – enforcement (UN Security Council, Security forces) n Int’l law: Horizontal ä Non-hierarchical and applying between states ä Exceptions: UN Charter, jus cogens, IGOs n Domestic law: Vertical ä Hierarchical and applying in the relationship between public authorities and private parties and between private parties

8. Ole Kr. Fauchald25.06.20168 Int’l law vs. domestic law II n Domestic law ä In general law the operation of which cannot be dispensed with by the agreement between the parties n Int’l law ä In general law the operation of which can be dispensed with by the agreement between the parties ä But: development from “contractual” towards “law- making” n The parallel between contract law and international law ä Reciprocity ä The reliance on “secondary rules”

9. Ole Kr. Fauchald25.06.20169 Int’l law vs. domestic law III n Sources of law and interpretive arguments ä Customary law is more important in int’l law than in domestic law ä Availability and use of interpretive arguments ä The relationship between law and policy n The importance of consensus n The relationship between int’l law and national law ä Dualism and monism