JJUB55022U International Dispute Resolution and International Courts

Volume 2013/2014
Education
Bachelor level (only elective courses)
Content

The course has as its goal to provide students with a general knowledge on international dispute resolution and international courts (ICs) which will allow them to engage on a critical analysis and discussion of issues related to the authoritative lawmaking power of these institutions.

To this end, we will analyze the geopolitical settings of the creation of some of the most important international judicial bodies, their functioning and main features, as well as discuss some of their landmark cases.


The course is thematically divided according to the functional categorizations used by the legal scholarship.

  • Global Judiciary (ICJ, ITLOS, WTO, ICC);
  • Regional Economic Courts (ECJ and Courts of Justice of Other Economic Communities);
  • Regional Human Rights Courts (ECtHR, IACHT and ACHPR);
  • International Criminal Courts and Tribunal (Ad Hoc Tribunals such as ICTY)

 

The instructor will provide a comprehensive overview of each of the above mentioned international judicial bodies by analyzing specifically 1) the historical, social and economical backgrounds to the creation of ICs; 2) the peculiar characteristics of international adjudication; 3) the structure and jurisdiction of various ICs (What issues do specific ICs address? What rules and instruments govern their activities? How are they structured and organized?); 4) their landmark cases and outcomes.

Moreover, during the lectures students will be provided with theoretical tools that allow them to participate in an informed and critical discussion of the most relevant topics related to the emergence of the international judiciary such as:

  • Legitimacy, efficacy, autonomization of ICs.;
  • Independenceand impartiality of ICs;
  • The role of lawyers and of other elites in international law;
  • The relationship between the national and international judiciary;
  • The emergence of a new world order (globalism, regionalism);
  • The relationship between international courts;
  • What role international courts plays in creating, sustaining and developing the global order and how this impacts both politics and society;

Through the entire course, but specifically in this context, students are called to actively participate in the discussion through class participation, reaction papers (1-2 pages of written comments on a specific issue to be submitted before class), and group presentations.

Learning Outcome

The objective of the course is to enable the students to:
- Identify  the main institutions in the field of international dispute resolution with particular emphasis on Global, and Regional ICs.
- Understand the institutional framework of different international, regional and human rights judicial systems, including specialized international criminal courts and tribunals;
- Analyze the most important doctrines and interpretation techniques of international judicial bodies through the study of case law.
- Identify, explain and criticallydiscuss  the main theoretical issues related to the emergence of forms of international governance and of the judicialization of international politics;
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a structured and coherent way

The readings for the course will be posted on the forum of the class. Readings will be divided into mandatory and optional readings. Mandatory readings cover the entire range of the issues of the course. Optional readings are for gaining a broader perspective on ICs, especially while writing the final papers

Syllabus 700-750 pages
Students must be able to read, understand, write and speak "everyday" (non-technical) English.
The primary method of assessment of the course will be a final paper which will be worth 75% of your grade. Class participation, presentations and reaction papers will account for the other 25% of your grade.
Students are required to present and to write a reaction paper (1-2 pages) at least once in the semester.
  • Category
  • Hours
  • Lectures
  • 24
  • Practical exercises
  • 12
  • Project work
  • 12
  • Total
  • 48
Credit
15 ECTS
Type of assessment
Written assignment
Written homework assignment with deadline (essay)
Exam registration requirements
Reaction papers of assigned texts, oral presentations of group work, discussions and debates.
Marking scale
7-point grading scale
Censorship form
External censorship
Exam period
2. - 6. December 2013 (preliminary dates)