• A
  • A
  • A
  • АБВ
  • АБВ
  • АБВ
  • А
  • А
  • А
  • А
  • А
Обычная версия сайта
07
Апрель

Settlement of International Disputes

2022/2023
Учебный год
ENG
Обучение ведется на английском языке
4
Кредиты

Преподаватель

Course Syllabus

Abstract

The course introduces basics of peaceful means for dispute resolution in terms of contemporary legal and political framework. Students will be guided through the techniques and institutions used to overcome tensions and conflicts primarily from the public international law perspective. The course slightly touches upon diplomatic instruments, such as mediation, negotiation, inquiry. However, the core topics outline distinctively legal methods - arbitration and adjudication. Nature and procedural peculiarities of the following major institutions are under consideration: the UN, International Court of Justice separately, the International Tribunal for the Law of the Sea, international arbitration organs. Sufficient knowledge of Constitutional Law, Public International Law and Theory of Law is required. Basics of Private Law regulation are also strongly recommended. The course may be implemented with the use of distance technologies (synchronous classes using the video conferencing platforms) or in a combined format with both in-class work and synchronous classes using the video conferencing platforms.
Learning Objectives

Learning Objectives

  • Know basic categories, institutions and proceedings within the main sections of the course
  • be able to explain them and give examples of emblematic cases in international legal practice
  • know primary instruments of dispute resolution and applicable legal limitations for diplomatic or adjudicative involvement
  • know the specific legal aspects of negotiation proceedings, including the variety of fact finding means and subsequent commitment
Expected Learning Outcomes

Expected Learning Outcomes

  • be able to use the core terminology when discussing theoretical and practical issues; evaluate effectiveness and relevance of diplomatic, arbitral and judicial decisions
  • set goals and tasks related to the performance of professional functions
  • analyze situations and facts taking into account acquired skills and knowledge
  • reflect on the content of legal acts and apply them for fact finding, negotiation and adjudication
Course Contents

Course Contents

  • Topic 1. Legal framework for the regulation of international affairs. International tensions, disputes and conflicts: jurisprudence and political agenda
  • Topic 2. State and Non-State actors as parties to a dispute. Legal status, capacity, responsibility
  • Topic 3. Basic principles of diplomatic interactions. Negotiation proceedings, consultation
  • Topic 4. Mediation, Inquiry, Conciliation
  • Topic 5. Arbitration
  • Topic 6. The International Court of Justice: membership, jurisdiction, judgment’s effect. Legal dimension
  • Topic 7. Maritime Disputes. Instruments designated by the Law of the Sea Convention
  • Topic 8. The United Nations: institutionalized machinery and proceedings
  • Topic 9. Regional instruments
Assessment Elements

Assessment Elements

  • non-blocking In-class Participation
    For active work in class (resolving problems, participating in discussions) and demonstrating due preparation for the classes, positively assessed by the tutor, a student can receive up to 10 points for all seminars preceding the exam in total. In case of insufficient student activity in seminars, the student accordingly receives 0 points. If a student is absent at more than 20% of classes, 0 points are awarded for in-class participation. The in-class participation grade received by the student is announced at the last tutorial and is taken into account in the calculation the resulting and final grade for the discipline.
  • non-blocking Exam
    The exam consists of two components – the basic part and the specific part. The basic part takes form of a test of 10 multiple choice questions with at least 4 answer options for each. The test is aimed at checking the student’s knowledge and understanding of the basic provisions of international law and ensuring the validity of the grade for the exam as a whole. If the number of correct answers (correct answer options indicated by a student) is less than 4 (i.e. 7 or more incorrect answers), the specific part of the exam is not subject to review and assessment, and 0 points are awarded for the exam as a whole. This means the basic part bears blocking character. The basic part of the exam is closed book; students could not use any materials or devices. The duration of the basic part of the exam is 15 minutes. In case a student performs the basic part with the highest possible result (10 correct answers) additional 1 point is granted to add to the grade for the specific part of the exam. In other cases no additional points are granted. The specific part of the exam takes form of a resolution of a practical case based on the material covered in class and during self-study. Students need to demonstrate the knowledge of international law and jurisprudence, as well as demonstrate the skills of argumentation. Students could use materials or devices allowed by the professor. The duration of the specific part of the exam is 60 minutes. This assignment consists of 1 legal case. While performing these controlling assignments, students are allowed to use only those legal acts and materials, which were previously determined by the lecturer. Students are not allowed to use literature, legal acts that are not included in the list defined by the lecturer, as well as abstracts (notes), computers, tablets, smartphones and other technical devices in the absence of a special permit from the lecturer.
  • non-blocking In-class written assessment
    In-class written assessment takes form a resolution of 2 practical cases, based on the material covered in class and during self-study. Students could use materials or devices specified by the professor. The duration of the assessment is 60 minutes. This assessment element is subject to possible retake in cases when a student presents valid and/or reasonable excuse for being absent.
Interim Assessment

Interim Assessment

  • 2022/2023 3rd module
    The final grade for the course consists of three components: grade for the in-class written assignment, grade for in-class participation and grade for the written exam under the following formula: Gf = 0, 3* G1 + 0, 1 * G2 + 0, 6 * G3 with: Gf – final grade for the course (10 points maximum), G1 – grade for in-class written assignment (10 points maximum), G2 – grade for the in-class active work (10 points maximum), G3 - grade for the written exam (10 points maximum).
Bibliography

Bibliography

Recommended Core Bibliography

  • Brownlie, I. (2015). International law and the use of force by States. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.4C6BEAD4
  • Shaw, M. N. (2003). International Law (Vol. 5th ed). Cambridge, U.K.: Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=125137

Recommended Additional Bibliography

  • Gerber, D. J. (2010). Global Competition : Law, Markets, and Globalization. Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=467462
  • Hong, N. (2012). UNCLOS and Ocean Dispute Settlement : Law and Politics in the South China Sea. Hoboken: Routledge. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=473892