Settlement of International Disputes

Faculteit Rechtsgeleerdheid
Jaar 2019/20
Vakcode RGMIR51806
Vaknaam Settlement of International Disputes
Niveau(s) master
Voertaal Engels
Periode semester I b (Blok 2)
ECTS 6
Rooster rooster.rug.nl

Uitgebreide vaknaam Settlement of International Disputes
Leerdoelen 1) To obtain general knowledge of the various mechanisms for peaceful settlement of disputes in international law;
2) to be aware of the role and limitations of mechanisms for peaceful dispute settlement in international law;
3) to gain detailed knowledge of a number of specific dispute settlement procedures, in particular the International Court of Justice;
4) to improve the ability to critically reflect on the interaction between the various mechanisms in the overall context of international law.
Omschrijving One of the main objectives of law is to contribute to the peaceful settlement of disputes. Whereas in domestic law access to judicial settlement is an essential part of the legal system, in international law the consent of all parties is required in dispute settlement procedures that involve a third party (court, tribunal, fact finding commission, mediator, etc.) and the enforcement of the outcome of international procedures is not without serious limitations. In this course we will critically analyze international dispute settlement procedures in general, as well as discuss various methods and procedures of dispute settlement in more detail, such as the International Court of Justice, international (investment) arbitration, commissions of enquiry or fact-finding commissions, the WTO dispute settlement procedures, and non-compliance mechanisms in international (environmental) treaties. With the development of more specific dispute settlement procedures within various areas of international law (trade, investment, human rights, international criminal law, law of the sea, etc.) questions as to the interaction between these mechanisms arise. Does this lead to fragmentation of international law or to cross-fertilization? Do dispute settlement bodies in one area of law take account of the decisions of those in other areas? What is the role of domestic court decisions? This course is limited to peaceful methods of dispute settlement. It will not deal with international criminal courts and tribunals or with human rights bodies specifically.
The course will be taught through lectures focusing on the main features of dispute settlement (procedures) and working sessions aiming at discussing specific procedural and jurisdictional issues based on case-law. Students will be asked to prepare brief assignments, find and analyse case-law and prepare for moot court exercises. An excursion to one or more courts or tribunals may form part of the course.
Uren per week 4
Onderwijsvorm hoorcollege
(14 2-hour lectures (during the block))
Toetsvorm schriftelijk (essayvragen)
(Exam dates)
Vaksoort m5-niveau, juridisch
Coördinator A. Rachovitsa, PhD.
Docent(en) prof. dr. M.M.T.A. Brus , M.M.E. Hesselman, LLM. ,prof. dr. P. Merkouris , A. Rachovitsa, PhD.
Verplichte literatuur
Titel Auteur ISBN Prijs
Additional reading material to be announced on Nestor
Elementair Internationaal Recht 2019 / Elementary International Law 2019 T.M.C Asser Press, Den Haag 9789067043588 ca. €  21,00
Textbook, J. G. Merrils, International Dispute Settlement (6th edn, CUP, 2017)
J. G. Merrils 9781316615737 ca. €  45,00
Entreevoorwaarden
  • This course is only accessible for students that have been fully admitted to a master's degree programme within the Faculty of Law.
  • This course is not open to non-law exchange students.
Opmerkingen
Opgenomen in
Opleiding Jaar Periode Type
Exchange programme 1 semester I b optional
LLM Public International Law 1 semester I b compulsory
Open Colleges 1 semester I b keuze