Settlement of International Disputes (6 ECTS)
Lecturer: Prof. Dr M.M.T.A. Brus (coordinator)
When: Block 2
Brief course description: 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.
Teaching method: 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 papers, 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.
Assessment: The course will be assessed on the basis of a written exam. Assignments may be used to earn bonus points.
*Official course information and schedules during the academic year can be found in Ocasys.
|Laatst gewijzigd:||20 december 2017 11:33|