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Course 2019-2020 a.y.

20614 - LAW AND POLICY MAKING

PPA
Department of Law

Course taught in English

Go to class group/s: 24

PPA (6 credits - II sem. - OB  |  IUS/13)
Course Director:
ROGER MICHAEL O'KEEFE

Classes: 24 (II sem.)
Instructors:
Class 24: ROGER MICHAEL O'KEEFE


Suggested background knowledge

By way of optional preparatory reading, students may wish to look at Vaughan Lowe, "International Law: A Very Short Introduction", Oxford University Press, 2015.


Mission & Content Summary
MISSION

International legal agreements, better known as treaties, are regularly relied on in today's world as vehicles for the cooperative advancement of the public policy objectives - including the trade, investment, and other economic objectives - of states and international organizations. Through an outline and analysis of the different legal, practical, and policy aspects of the negotiation and implementation of treaties, the course aims to equip students to understand, appreciate critically, and engage practically with this phenomenon.

CONTENT SUMMARY

Introduction:

  • The concept of a treaty, treaties versus non-binding international agreements, capacity under international law to conclude treaties, multilateral (universal and regional) and bilateral treaties, and the basic rules of international law regarding observance of treaties.
  • Treaties versus non-binding international agreements: for which to opt?

Negotiation of treaties in law, practice, and policy:

  • Negotiation and conclusion of treaties in international law.
  • Impact assessment studies and the decision to open treaty negotiations.
  • Choosing and preparing negotiators: the necessary skill-set.
  • Legal authority to negotiate and conclude treaties: a comparative survey (different states, EU).
  • Executive, legislature, and the negotiation and conclusion of treaties: the influence on negotiations of the ratification procedure.
  • Involving stakeholders in the negotiation process.
  • Confidentiality versus publicity of negotiations.
  • Differences in approaches to negotiation: universal versus regional versus bilateral treaties, treaties between states and between states and international organizations.
  • Differences in approaches to negotiation: trade, investment, and other commercial treaties versus human rights and other humanitarian treaties.
  • Negotiating treaties between parties of different levels of economic development.
  • Negotiating treaties between parties with different traditions of the rule of law.
  • Integrity versus participation: constructive textual ambiguity.
  • Integrity versus participation: taking textual account of national law.
  • Integrity versus participation: reservations to treaties.
  • Shaping policy preferences infra legem: provision for treaty bodies and guidelines.
  • Incorporating compliance and dispute-settlement provisions.

Implementation of treaties in law, practice, and policy:

  • The role of national law in treaty implementation: drafting primary and secondary legislation.
  • The role of the rule of law and good governance in treaty implementation.
  • The role of financial resources in treaty implementation.
  • The role of human resources in treaty implementation.
  • The role of culture in treaty implementation.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Explain the concept of a treaty, the difference between treaties and international agreements not governed by international law, the entities capable of concluding treaties, the distinction between multilateral and bilateral treaties and between universal multilateral and regional multilateral treaties, and the basic rules of international law on observance of treaties.
  • Describe and explain the choice between treaties and non-legal international agreements as vehicles for public policy.
  • Summarize the rules of international law on the negotiation and conclusion of treaties.
  • Describe and explain the role of impact assessment studies in the decision to open treaty negotiations.
  • Describe the skill-set looked for and developed in the selection and preparation of treaty negotiators.
  • Describe which organs are vested in different states and international organizations with the power to negotiate and conclude treaties.
  • Describe and explain the respective roles of executives and legislatures in the negotiation and conclusion of treaties and the influence on negotiations of a parliamentary role in the ratification of treaties.
  • Describe and explain the different means of involving stakeholders in the negotiation process.
  • Describe and explain the choice between confidential and public negotiations.
  • Describe and explain practical differences in approaches to negotiation as among universal, regional, and bilateral treaties and as between treaties between or among states and treaties between states and international organizations.
  • Describe and explain practical differences in approaches to negotiation as between trade, investment, and other commercial treaties and human rights and other humanitarian treaties.
  • Describe and explain the issues associated with the negotiation of treaties between parties of different levels of economic development.
  • Describe and explain the issues associated with the negotiation of treaties between parties with different traditions of the rule of law.
  • Explain and illustrate reliance on textual ambiguity to bridge differences between negotiating parties or other potential parties to a treaty.
  • Explain and illustrate reliance on textual acknowledgment of national law to bridge differences between negotiating parties or other potential parties to a treaty.
  • Explain and illustrate reliance on the availability of reservations to bridge differences between negotiating parties or other potential parties to a treaty.
  • Explain and illustrate reliance on textual provision for treaty bodies and the development of guidelines as means of shaping policy within the law.
  • Explain and illustrate choices as to textual provision for compliance and dispute-settlement provisions.
  • Explain the role of national legislation in the implementation of treaties.
  • Explain the role of the rule of law and good governance in the implementation of treaties.
  • Explain the role of financial resources in the implementation of treaties.
  • Explain the role of human resources in the implementation of treaties.
  • Explain the role of culture in the implementation of treaties.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Discuss, analyze and evaluate the choice between treaties and non-legal international agreements as vehicles for public policy.
  • Apply the rules of international law on the negotiation and conclusion of treaties.
  • Discuss, analyze and evaluate the role of impact assessment studies in the decision to open treaty negotiations.
  • Discuss and analyze the skill-set looked for and developed in the selection and preparation of treaty negotiators.
  • Discuss which organs are vested in different states and international organizations with the power to negotiate and conclude treaties.
  • Discuss and analyze the respective roles of executives and legislatures in the negotiation and conclusion of treaties and the influence on negotiations of a parliamentary role in the ratification of treaties.
  • Discuss and analyze the different means of involving stakeholders in the negotiation process.
  • Discuss and analyze the choice between confidential and public negotiations.
  • Discuss and analyze practical differences in approaches to negotiation as among universal, regional, and bilateral treaties and as between treaties between or among states and treaties between states and international organizations.
  • Discuss and analyze practical differences in approaches to negotiation as between trade, investment, and other commercial treaties and human rights and other humanitarian treaties.
  • Discuss and analyze the issues associated with the negotiation of treaties between parties of different levels of economic development.
  • Discuss and analyze the issues associated with the negotiation of treaties between parties with different traditions of the rule of law.
  • Discuss, analyze and evaluate reliance on textual ambiguity to bridge differences between negotiating parties or other potential parties to a treaty.
  • Discuss, analyze and evaluate reliance on textual acknowledgment of national law to bridge differences between negotiating parties or other potential parties to a treaty.
  • Discuss, analyze and evaluate reliance on the availability of reservations to bridge differences between negotiating parties or other potential parties to a treaty.
  • Discuss, analyze and evaluate reliance on textual provision for treaty bodies and the development of guidelines as means of shaping policy within the law.
  • Discuss, analyze and evaluate choices as to textual provision for compliance and dispute-settlement provisions.
  • Discuss and analyze the role of national legislation in the implementation of treaties.
  • Discuss and analyze the role of the rule of law and good governance in the implementation of treaties.
  • Discuss and analyze the role of financial resources in the implementation of treaties.
  • Discuss and analyze the role of human resources in the implementation of treaties.
  • Discuss and analyze the role of culture in the implementation of treaties.

Teaching methods
  • Face-to-face lectures
DETAILS

The exercises, which are optional and do not count towards a student's final grade, consist of online engagement with open-answer questions of both the 'problem-style' variety, involving the application of the law to hypothetical factual situations, and the 'essay-style' variety, involving more discursive description, explanation, illustration, analysis, discussion and evaluation of the law. 


Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •     x
    ATTENDING AND NOT ATTENDING STUDENTS

    Assessment is by way of final written examination, in English, containing both ‘problem-style’ and ‘essay-style’ questions. A grade may not be declined after the results of the final examination have been posted.


    Teaching materials
    ATTENDING AND NOT ATTENDING STUDENTS
    • Textbook: There is no compulsory textbook for the course.
    • Other teaching materials: A wide variety of primary and secondary materials, all available online, are referred to. There is no need for students to purchase any of these materials.
    Last change 05/06/2019 22:56