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The Law and Politics of International Courts and Tribunals

2019/2020
Учебный год
ENG
Обучение ведется на английском языке
5
Кредиты
Статус:
Курс по выбору
Когда читается:
4-й курс, 3 модуль

Course Syllabus

Abstract

Numerous new international courts and tribunals (ICTs) have emerged in the past two decades. The course focuses on the law and politics of ICTs. It provides students with theoretical, historical, and practical knowledge of the most pertinent legal and political issues of international adjudication relating to jurisdiction, admissibility, provisional measures, applicable law, and enforcement of international decisions. The course will focus on the International Court of Justice, the International Tribunal for the Law of the Sea, the World Trade Organization, investment arbitration, and on criminal courts and tribunals. We will also look at regional example of the European Court for Human Rights (ECtHR). Students will gain an understanding of the specific features of individual courts and broader institutional patterns and trends. We will frame the broader discussion of courts and their powers within the question of fragmentation of international law. In other words: is the proliferation of courts also fragmenting any possibility for uniform norms?
Learning Objectives

Learning Objectives

  • The goal is to gain an understanding of the specific features of individual courts and broader institutional patterns and trends
Expected Learning Outcomes

Expected Learning Outcomes

  • Able to learn and demonstrate skills in the field, other than the major field
  • Student is capable of executing applied analysis of the political phenomena and political processes - by using political science methods - and in support of practical decision making process.
  • Able to conduct professional activities internationally
  • Able to efficiently communicate based on the goals and communication situations
  • Student is capable of reporting the results of the information retrieval and analysis, academic or applied research she/he has conducted: - in various genres (including reviews, policy papers, reports and publications pertaining to socio-political subject matter); - and depending on the target audience.
Course Contents

Course Contents

  • Background: Dispute Settlement Mechanisms and Countermeasures
  • Contexts: Political and Sociological
  • The Permanent Court of Arbitration
  • International Court of Justice
  • European Court for Human Rights
  • The International Tribunal for the Law of the Sea
  • The World Trade Organization
  • Investor-State Arbitration
  • International Criminal Law
  • Comparative Analysis
Assessment Elements

Assessment Elements

  • non-blocking Research Paper
    (3000 words including everything) on a judicial decision/or series of decisions to be chosen with the approval of the course convenor during the course.
  • non-blocking In-class participation
  • non-blocking Group presentation
    Students will present in a group on the topic of their choice. Weeks will be assigned in the first class.
  • non-blocking Short written assignment
  • blocking Exam
Interim Assessment

Interim Assessment

  • Interim assessment (3 module)
    0.1 * Exam + 0.25 * Group presentation + 0.15 * In-class participation + 0.4 * Research Paper + 0.1 * Short written assignment
Bibliography

Bibliography

Recommended Core Bibliography

  • Amerasinghe, C. F. (2003). Jurisdiction of International Tribunals. The Hague: Brill. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=117337

Recommended Additional Bibliography

  • Fichtelberg, A. (2015). Hybrid Tribunals : A Comparative Examination. New York: Springer. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1003167