Seminar format
For each of the four sessions, a short paper will be presented by a speaker. This paper is intended to introduce the topic of the session; the sessions will otherwise be in the form of discussion, moderated by the chair, involving all participants.
The seminar is organized under the auspices of the Department of Public and International Law, the Research Group on International Law, and Department of Private Law of the Law Faculty of the University of Oslo.
Program
10.00 - 10.15 Part 1: Welcome
- Charles Chernor Jalloh (Member of the International Law Commission, Special Rapporteur on Subsidiary means for the determination of rules of international law, Professor of International Law and the Richard A. Hausler Chair at the University of Miami Law School);
- Andreas Motzfeldt Kravik (State Secretary, Norwegian Ministry of Foreign Affairs);
- Rolf Einar Fife (Member of the International Law Commission, Special Advisor to the Norwegian Ministry of Foreign Affairs, Former Director General for Legal Affairs and chief legal adviser of the Norwegian Ministry of Foreign Affairs, former Ambassador of Norway to France, Monaco and the European Union)
- Mads Andenas KC (University of Oslo)
10:15–11:30 Part 2: General provisions (Categories of Subsidiary Means, Their Nature and Function, and General Criteria for their Assessment)
Chair: Andreas Motzfeldt Kravik
Speakers:
- Mads Andenæs: The Method of Using Subsidiary Means
- Johan Ruben Leiss (University of Oslo): On the Functions of Subsidiary Means
Commentators: Andreas L. Paulus (University of Göttingen, former judge of the German Federal Constitutional Court) and Nina Reiners (University of Oslo)
Draft conclusions:
- Draft Conclusion 2
Categories of subsidiary means for the determination of rules of international law
Subsidiary means for the determination of rules of international law include:
(a) decisions of courts and tribunals;
(b) teachings;
(c) any other means generally used to assist in determining rules of international law.
- Draft conclusion 3 [6]
Nature and function of subsidiary means
1. Subsidiary means are not a source of international law. The function of subsidiary means is to assist with the determination of the existence and content of rules of international law.
2. The use of materials as subsidiary means for the determination of rules of international law is without prejudice to their use for other purposes.
- Draft conclusion 4 [3]
General criteria for the assessment of subsidiary means for the determination of rules of international law
When assessing the weight of subsidiary means for the determination of rules of international law, regard should be had to, inter alia:
(a) their degree of representativeness;
(b) the quality of the reasoning;
(c) the expertise of those involved;
(d) the level of agreement among those involved;
(e) the reception by States and other entities;
(f) where applicable, the mandate conferred on the body.
11:30 - 11:45 COFFEE BREAK
11:45–13:00 Part 3: Decisions of Courts and Tribunals
Chair: Astrid Kjeldgaard-Pedersen (University of Copenhagen)
Speaker:
- Niccolò Ridi (King’s College London), The Weight of Judicial Decisions for the Determination of Rules of International Law: Towards Empiricism?
Commentators: Alla Pozdnakova (University of Oslo) and Renatus Otto Franz Derler (University of Cambridge)
Draft conclusions:
- Draft conclusion 5 [4]
Decisions of courts and tribunals
1. Decisions of international courts and tribunals, in particular of the International Court of Justice, are a subsidiary means for the determination of the existence and content of rules of international law.
2. Decisions of national courts may be used, in certain circumstances, as a subsidiary means for the determination of the existence and content of rules of international law.
- Draft conclusion 6 [7]
Absence of legally binding precedent in international law
Decisions of international courts or tribunals may be followed on points of law where those decisions address the same or similar issues as those under consideration. Such decisions do not constitute legally binding precedent unless otherwise provided for in a specific instrument or rule of international law.
- Draft conclusion 7 [8]
Weight of decisions of courts and tribunals
When assessing the weight of decisions of courts or tribunals, regard should be had to, in addition to the criteria set out in draft conclusion 4, inter alia:
(a) whether the court or tribunal has been conferred with a specific competence with regard to the application of the rule in question;
(b) the extent to which the decision is part of a body of concurring decisions; and
(c) the extent to which the reasoning remains relevant, taking into account subsequent developments.
13:00–14:00 LUNCH
14:00–15:15 Part 4: Teachings
Chair: Stian Øby Johansen (University of Oslo)
Speaker:
- Sondre Torp Helmersen (University of Tromsø), The Use of Teachings by Individual Judges: Weight and Relevance?
Commentator: Laura Létourneau-Tremblay (University of Inland Norway)
Draft conclusions:
- Draft conclusion 8 [5]
Teachings
Teachings, especially those generally reflecting the coinciding views of persons with competence in international law from the various legal systems and regions of the world, are a subsidiary means for the determination of the existence and content of rules of international law. In assessing the representativeness of teachings, due regard should also be had to, inter alia, gender and linguistic diversity.
- Draft conclusion 9
Weight of teachings
When assessing the weight of teachings, regard should be had to, as appropriate, the criteria set out in draft conclusion 4.
15:15–15:30 COFFEE BREAK
15:30–16:45 Part 5: Other means generally used to assist in determining rules of international law (Works of Expert Bodies and Their Weight, Resolutions and Other Texts Produced by International Organisations or at Intergovernmental Conferences)
Chair: Geir Ulfstein (University of Oslo)
Speakers:
- Matina Papadaki (University of Glasgow), Categories of Subsidiary Means: Beyond Judicial Decisions and Teachings? (Zoom)
- Jørgen Sørgard Skjold (Norwegian Ministry of Foreign Affairs): Works of Expert Bodies as Subsidiary Means: The Role of Non-binding (Quasi-)Judicial Pronouncements?
Commentators: Yuliya Chernykh (University of Inland Norway and University of Oslo) and Hosung Ahn (University of Oxford)
Draft conclusions:
- Draft conclusion 10 [9 and 10]
Expert bodies
The works of bodies consisting of experts serving in their personal capacity may serve as a subsidiary means for the determination of the existence and content of rules of international law.
- Draft conclusion 11 [9 and 10]
Weight of the works of expert bodies
When assessing the weight of the works of expert bodies, regard should be had to, in addition to the criteria set out in draft conclusion 4:
(a) the character and normative value of the works produced by the expert body concerned;
(b) the methodology used in producing its works on a particular issue;
(c) the extent to which the works remain relevant, taking into account subsequent developments;
(d) the extent to which the body is comprised of experts with competence in international law; and
(e) the process and basis of selection of the experts.
- Draft conclusion 12 [11]
Resolutions and other texts produced by international organisations or at intergovernmental conferences
Resolutions and other texts produced by international organisations or at intergovernmental conferences may be used as subsidiary means for the determination of the existence and content of rules of international law.
- Draft conclusion 13 [11]
Weight of resolutions and other texts produced by international organisations or at intergovernmental conferences
When assessing the weight of resolutions and other texts produced by international organisations or at intergovernmental conferences, regard should be had to, as appropriate, in addition to the criteria set out in draft conclusion 4, the circumstances surrounding their production.
16:45‒17:30 Concluding Discussion and Remarks
Chair: Andreas Zimmermann (University of Potsdam)
Concluding Remarks: Charles Chernor Jalloh
Registration
The registration deadline is Monday 15th December 2025.
We kindly ask that all speakers and chairs also register. Registration is the only way to communicate information about allergies, menu restrictions and other relevant issues that we should know about in order to host you in the best way that we can.