Теория международного права

Магистратура 2025/2026

Статус: Курс обязательный (Право международной торговли и разрешение споров/Law of International Trade and Dispute Resolution)

Кто читает: Департамент международного права

Когда читается: 1-й курс, 1, 2 модуль

Охват аудитории: для своего кампуса

Преподаватели: Русинова Вера Николаевна

Язык: английский

Контактные часы: 48

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Abstract

The course 'Theory of International Law' covers the following topics: the main theories of international law; international law-making; the formation of international customs; the sources and subjects of international law; the relationship between international and domestic law; and state responsibility. The course provides students with the knowledge and skills required for autonomous application of international law in various contexts, such as consulting, litigation, expertise and research. The content of 'Theory of International Law' goes beyond a positivistic understanding of international law, drawing on a pluralistic approach which takes into consideration different schools of thought. The course requires students to have a basic knowledge of international law and a sufficient level of English to read legal sources, write essays and participate in class discussions. Students should also have other skills acquired during their Bachelor's degree. Additional background in constitutional law and private international law is welcome, although it is not mandatory for the course.

Learning Objectives

The course aims to provide students with a theoretical and practical understanding of the international regulatory system and prepare them to engage with the various norms of international law, including soft law. Students will also learn to conduct research and present legal arguments on key contemporary issues in international law. By the end of the course, students will have gained knowledge of the structure of international law, the hierarchy of norms and recent developments in this area, as well as critical insights into existing issues.

Expected Learning Outcomes

Students must gain knowledge on contemporary schools of thoughts and doctrinal approaches to international law; structure of international law; formation, fragmentation and hierarchy of international law norms; compliance with international law; challenges and problems in international legal environment.
Skills and abilities: to use specific terms and sources of the international law; practical abilities of research, analysis of the UN and the ILC legal documentation and academic papers, judgments of international and national courts; skills to analyse and solve cases and controversies, preparing legal argumentation and procedural and analytical documents in the sphere of international law.
Students should gain the following competences: ability to work with information (search, evaluate, use information, necessary for fulfilment of academic and professional tasks, from various sources, including application of the systemic approach); ability to carry out professional activities in the international environment.
Students should gain the following competences: ability to search, analyse, and work with legally relevant information by using the juridical, comparative and other specific methods; ability to describe legal problems and situations in the field of International economic law.

Course Contents

Topic № 1. The Theories of International law: legal formalism and beyond
Topic № 2. International Law-Making.
Topic № 3. System design of International Law.
Topic № 4. Relationship between International and Domestic Law
Topic № 5. Responsibility of States for international wrongful acts
Topic № 6. Compliance with International Law

Assessment Elements

Attendance, active participation and in-class discussion
Each student is expected to attend all the sessions having go through and thought about the assigned material, including the questions and any problems in the text/ judgment, podcast, etc. that are assigned, and actively participate in class discussions, ask questions and make analytical comments about the assignments. Sessions will be structured as a mix of lectures, seminars, and participative workshops in order to stimulate in-class discussion: the participants are expected to cover the assigned materials in advance for each class.
Colloquium
Form of the colloquium: orally in the form of an interview (held in small groups). No time for preparation to the questions is given.
Oral exam
Oral exam by the end of the course. Form of the exam: orally in the form of an interview on the whole syllabus (held in small groups). No time for preparation to the questions is given.

Interim Assessment

2025/2026 2nd module
0.1 * Attendance, active participation and in-class discussion + 0.4 * Colloquium + 0.5 * Oral exam

Bibliography

Recommended Core Bibliography

Charlesworth, H., Chinkin, C., & Wright, S. (2015). Feminist Approaches to International Law: Reflections from Another Century. Hart Publishing.
Martti Koskenniemi. (2011). The Politics of International Law. Hart Publishing.
The Oxford Handbook on the Sources of International Law. (2017). Oxford University Press. https://doi.org/10.1093/law/9780198745365.001.0001
The politics of international law, Koskenniemi, M., 2011

Recommended Additional Bibliography

Aspremont, J. d’. (2015). Epistemic Forces in International Law : Foundational Doctrines and Techniques of International Legal Argumentation. Cheltenham, UK: Edward Elgar Publishing. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=970454
Institutionalizing state responsibility : global security and UN organs, Proulx, V.-J., 2016
Jeutner, V. (2017). Irresolvable Norm Conflicts in International Law : The Concept of a Legal Dilemma (Vol. First edition). Oxford, United Kingdom: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1555226
Principles of international environmental law, Sands, P., 2012
Sands, P. (2003). Principles of International Environmental Law: Vol. 2nd ed. Cambridge University Press.

Authors

Smirnova Svetlana Anatolevna
RUSINOVA VERA NIKOLAEVNA

Course Syllabus