spring 2018 JUR-8005 International Legal Perspectives - 4 ECTS
Course content
EU law, human rights and international law, as well as international commercial law, and the emergence of international principles in contract law are expressions of an ongoing process of the internationalisation and, to some extent, harmonisation of law. This trend is influencing domestic law. Human rights and EU/EEA law in particular have in recent years left a clear mark on a number of legal areas in domestic law.
The course covers the internationalisation of the various aforementioned areas with a main focus on the development of human rights and EU/EEA law. The significance of the internationalisation for domestic law and the method that must be applied in different areas are also covered.
The course will also provide an overview of some key principles within the different areas. In addition, a brief, practical introduction into finding the relevant sources in the different areas will be provided.
As far as EU law is concerned, the central topic is the EU as a legal system. This will cover topics such as the European Court of Justice's competence. The support of supranational law in domestic legal systems is a particular characteristic of the EU collaboration and an essential prerequisite for the EU's activities. Questions about the EU's future development and EU law's influence on Norwegian law, how this occurs, the criticism that can be levelled against the EEA Agreement, and the alternatives that exist, will also be covered.
As far as human rights are concerned, the strengthening of these is an essential feature of legal developments in our time. Key questions, in addition to the significance for Norwegian law, are how the balance between human rights and other considerations, e.g. economic considerations, should be achieved and between different human rights (a legal hierarchy).
Objectives of the course
The aim of the course is to help make students capable of performing research and development work of a high international standard through recognised national and international channels. As part of this, the course will introduce students to the cutting edge of knowledge when it comes to key features of the emergence of international law. In relation to the international subjects in the master's degree programme, the course shall provide the students with a greater understanding of how internationalisation influences Norwegian law and of its significance as regards the method that must be applied, especially in EU/EEA law and human rights. The students will also gain a greater understanding of some of the key principles of the most important international legal systems, as well as an overview of how relevant legal sources can be found in practice.Assessment
The course has no formal examination. This must be viewed in the context of the students, after having completed all courses in the programme, submitting one or more pieces of work that will be assessed for a PhD degree in legal science by an assessment committee appointed by the faculty.
tending and actively participating in the lectures/seminars are compulsory for students. The requirement concerning active participation means that students shall, where appropriate, present a text from their own project during the seminar or a text about the significance internationalisation has for their project. Alternatively they can prepare and present a text on a given topic.
When an international research trip is arranged, active participation in the preparations for, and implementation of, the trip is a compulsory requirement, which includes a preparatory reading seminar. The individual student may also be assigned special duties in connection with the academic programme.
Recommended reading/syllabus
- Koskenniemi, Martti, Leino Päivi (2002): "Fragmentation of International Law?
Postmodern Anxieties", Leiden Journal of International Law, 15, s. 553-579 (27 s.).
- Ratner Steven R., Slaughter, Anne-Marie (1999): "The Method is the Message, 93 American Journal of International Law", s. 410-423 (24 s.).
- Shelton, Dinah (2006): "Normative Hierarchy in International Law, American Journal of International Law", vol 100, s. 291-323 (43 s.).
- Smits, Jan, "Problems of Uniform Sales Law - Why the CISB May not Promote International Trade". Maastricht European Private Law Institute Working Paper No. 2013/1 (9 sider).
- Snyder, Francis, "Economic Globalization and the Law in the Twenty-first Century" i Sarat, Austin (Ed.) The Blackwell Companion to Law and Society. Blackwell Publishing, Malden (2004), s.624-634 (11s.)
- Krisch, Nico, "The Open Architecture of European Human Rights Law", Modern Law Review 2008, s. (34 sider)
- Smits, Jan, "Comparative Law and its Influence on National Legal Systems", I Mathias Reimann & Reinhard Zimmerman (red.) The Oxford Handbook of Comparative Law, Oxford 2006, s. 477-512 (31 sider)
- Smits, Jan, "The Europeanisation of national legal systems: some consequences for legal thinking in civil law countries", i Mark Van Hoecke (red.), Epistemology and Methodology of Comparative Law, Oxford 2004, s. 229-245. (16 sider)
- Samuel, Geoffrey, kapittel 3 "What is "Comparison"". I An introduction to Comparative Law Theory and Method, Oxford 2014, s. 45-64 (20 sider)
Totalt 195 sider
Error rendering component
- About the course
- Campus: Tromsø |
- ECTS: 4
- Course code: JUR-8005
- Responsible unit
- Det juridiske fakultet