NDPIL1017 | Normative Dilemmas in Public International Law

This Course seeks to undertake a more advanced and nuanced inquiry into public international law and in particular, its normative aspects. It is focused on understanding, in greater detail, the theory and practice of international law, underlying systemic questions and examining seemingly deviating institutional behaviour. It is envisaged to build upon the basic concepts discussed during the ‘International Law’ module in the B.A., LL.B. programme.

The course shall begin with considering normative problems at the most fundamental level – those that arise in relation to the sources of international law and conceptualising international law itself (such as problems of false consciousness and the ‘Baxter Paradox’).

It shall then go on to consider, in detail, the phenomenon of fragmentation in international law and related questions such as the supposed ‘constitutionalisation’ of international law, the hierarchy of norms and the development of self-contained regimes.

Subsequently, it shall look at norm-conflict and the principles used to resolve norm-conflict such as those of lex specialis, lex posterior and conflict clauses in treaty frameworks.