JJUB55022U International Dispute Resolution and International Courts

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.

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.