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.
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, ICC);
- International Economic Dispute Settlement (Arbitration (Investment and Commercial); WTO DSM)
- Regional Economic Courts (ECJ and Courts of Justice of Other Economic Communities);
- Regional Human Rights Judicial Courts (ECtHR and IACHT);
- International Criminal Courts and Tribunal (the ICC)
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) Some of 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;
- Independence and 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 and individual presentations.
The objective of the course is to enable the students to:
The readings for the course will be posted on the forum of the class (on Absalon). 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.
- Practical exercises
- Project work
- 15 ECTS
- Type of assessment
- Written assignmentIndividual written assignment
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
Exam date: December 18, 2015
Exam date: Februar 5, 2016