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Regular version of the site
Master 2019/2020

Project seminar "Law of international treaties»

Category 'Best Course for Career Development'
Category 'Best Course for Broadening Horizons and Diversity of Knowledge and Skills'
Category 'Best Course for New Knowledge and Skills'
Area of studies: Law
When: 1 year, 3, 4 module
Mode of studies: offline
Instructors: Vera Rusinova
Master’s programme: Law of International Trade, Finance and Economic Integration
Language: English
ECTS credits: 5

Course Syllabus

Abstract

This project seminar is an academic companion of the students’ project activities and is designed as a training aimed to enable research and analytical work of its participants in the subject field of the Law of international treaties. During the seminar all students carry out its’ own projects working individually and in small groups and should represent results of their researches. The project seminar comprises three parts. In the introductory part, which is called “The Law of Treaties in a Nutshell”, students will have an opportunity to intensively refresh their knowledge on the Law of Treaties. The next section is designed as an advanced problem-based dwelling into the most topical issues of the Law of Treaties. The content of this section goes far beyond the Vienna conventions regimes and is practice-oriented. Finally, the last section is dedicated to the representation of projects.
Learning Objectives

Learning Objectives

  • 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.
Expected Learning Outcomes

Expected Learning Outcomes

  • 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;
Course Contents

Course Contents

  • 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 treaty
    1. 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 treaty
    1. 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 treaty
    1. 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 treaty
    1. 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 treaty
    1. 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.
Assessment Elements

Assessment Elements

  • non-blocking Attendance, active participation and in-class discussion
  • non-blocking Project
    Коллоквиум 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

Interim Assessment

  • Interim assessment (4 module)
    0.5 * Attendance, active participation and in-class discussion + 0.5 * Project
Bibliography

Bibliography

Recommended Core Bibliography

  • 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

Recommended Additional Bibliography

  • 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