Project seminar "Law of international treaties»
- The main purpose of the project seminar is to train students’ abilities to carry out their own analytical and research projects in the subject field related to the Law of Treaties.
- Students must gain knowledge on: ─ sources of Law of Treaties; ─ the scope of application and content of the main international treaties and customs governing drafting, application, interpretation, validity and termination of international treaties; ─ main approaches to the key issues of the Law of Treaties; ─ particularities of application of international treaties at the national level.
- Skills and abilities: ─ ability to use specific terms and sources of the Law of Treaties; ─ practical abilities to undertake a research and analysis of judicial decisions and legal writings; ─ skills to analyse and solve cases, build up of the legal position and compose procedural documents on cases in the sphere of Law of Treaties.
- Students should gain the following competences: ⎯ ability to work with information (search, evaluate, use information, necessary for fulfilment of scientific and professional tasks, from various sources, including application of the systematic approach); ⎯ ability to carry out professional activities in the international environment; ⎯ ability to search, analyse and work with legally relevant information by using of juridical, comparative and other specific methods;
- The Law of treaties in a Nutshell.1. Sources of the Law of Treaties. 2. The Law of Treaties: Treaties v. customs. 3. Codification of the Law of Treaties. 4. The Law of treaties: international meets national.
- Drafting a treaty1. Definition and legal nature of international treaties. 2. International treaties and non-binding agreements. 3. Titles of international treaties and their role. 4. Language of the treaties. 5. Drafting process.
- Applying a treaty1. Temporal scope of treaties. 2. Non-retroactivity rule and its exceptions. 3. Personal scope of treaties. 4. Pacta tertiis nec nocent nec prosunt principle. 5. Territorial scope of application. 6. A “federal clause” and its implications. 7. Provisional application of treaties. 8. Application of treaties, which did not enter into force. 9. Entry of treaties into force.
- Interpreting a treaty1. Means and methods of interpretation of treaties. 2. Effective interpretation of treaties. 3. Evolutionary interpretation of treaties. 4. A role of the subsequent practice. 5. Travaux préparatoires in intepretation of treaties.
- Modifying a treaty1. Reservations and interpretative declarations. 2. Making a reservation: its content, form and time. 3. Validity of reservations. 4. Objections to reservations. 5. Legal effects of reservations. 6. Procedural rules concerning reservations.
- Contesting and terminating a treaty1. Validity of a treaty. 2. Withdrawal from a treaty. 3. Termination of a treaty. 4. Suspension of a treaty. 5. Procedure to be followed with respect to invalidity, termination, withdrawal from or suspension of a treaty.
- Attendance, active participation and in-class discussion
- ProjectКоллоквиум по проектному семинару «Право международных договоров» (Право международной торговли, финансов и экономической интеграции): Colloquium will be carried out in an oral form with proctoring on June, 13 2020 at 10:00. The link for the colloquium: Time: June 13, 2020 10:00 AM Moscow Join Zoom Meeting https://zoom.us/j/96819055120?pwd=a0NseUtFV3gzUVdWWWQwR2ZMUE5SQT09 Meeting ID: 968 1905 5120 Password: 789770 Your computer should meet the following criteria: https://elearning.hse.ru/data/2020/05/07/1544135594/Технические%20требования%20к%20ПК%20студента.pdf. During colloquium the student should switch on the camera and microphone. During exam students should not use any additional materials in any form. If there will be any disturbance in the Internet connection lasting more than 10 min., students will be eligible for the second attempt in a date designated by the study office. Re-examination is carried out in the same form.
- Interim assessment (4 module)0.5 * Attendance, active participation and in-class discussion + 0.5 * Project
- Dörr, O., & Schmalenbach, K. (2018). Vienna Convention on the Law of Treaties : A Commentary (Vol. Second edition). Berlin, Germany: Springer. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1685794
- Bjørge, E. (2014). The Evolutionary Interpretation of Treaties. Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1540166
- Buga, I. (2018). Modification of Treaties by Subsequent Practice (Vol. First edition). Oxford, United Kingdom: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1776298