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Бакалавриат 2020/2021

Международное право в действии: международные суды и трибуналы в Гааге

Статус: Курс по выбору (Юриспруденция)
Направление: 40.03.01. Юриспруденция
Когда читается: 2-й курс, 4 модуль
Формат изучения: с онлайн-курсом
Охват аудитории: для своего кампуса
Язык: английский
Кредиты: 3

Course Syllabus

Abstract

The course explains the functions of each international court and tribunal present in The Hague, and it looks at how these institutions address contemporary problems. On the basis of selected cases, and through interviews with judges and lawyers, you will explore the role of these courts and tribunals and their potential to contribute to global justice. The first module of the course will investigate how judicial settlement is different from other more political forms of dispute settlement, such as negotiation and mediation. It offers a brief historical overview and introduces the judicial and arbitral bodies based in The Hague. In the remaining modules you will learn about the functions of these courts and tribunals, and some of the challenges and prospects that they face. Three cross-cutting themes tie together all of these modules: (i) The interaction between law and politics; (ii) The continuing role of State consent; and (iii) The ability of international courts and tribunals to protect the public interest and global values.
Learning Objectives

Learning Objectives

  • Understand legal framework provided for international courts and tribunals
  • Analyse and discuss contemporary problems of international judiciary taking into account selected cases and fundamental international treaties
  • Identify the key factors determining interaction between law and politics
  • Evaluate the various ways to develop the ability of international courts and tribunals to protect the public interest and global values
Expected Learning Outcomes

Expected Learning Outcomes

  • Know key sources of international public law and applicable law addressed by the international courts and tribunals
  • Be able to do research based on helicopter view on the whole system of international courts and tribunals present in the Hague
  • Possess key skills and resources required to maintain research of up-to-date practice of international courts and tribunals
Course Contents

Course Contents

  • An introduction to the International Courts and Tribunals in The Hague
    Welcome to this first week in which we will enter the world of the international judiciary with you. We will discuss the evolution of international dispute settlement in our international legal order. The leading question is: why did people start thinking about creating international courts? We will also introduce the community of international courts present in The Hague today.
  • The International Court of Justice (ICJ)
    This week we are going to explore the principle judicial organ of the United Nations—the International Court of Justice. This Court has dual functions as an institution that settles disputes between States, and as an advice giver within the UN system. We will explore the limitations that the Court faces in its fulfilment of these functions as well as its potential as an institution, particularly in the context of disputes involving the protection of the environment. From this week onwards, you will also be able to start working on the peer assignment. All relevant information with regard to the peer assignment can be find below. We look forward to reading how you view the future of the international courts and tribunals in The Hague!
  • The Arbitration of International Disputes
    This week, we will explore the world of international arbitration. More specifically, we will focus on the Permanent court of arbitration, inter-state arbitration and investor-state arbitration. Through our videos, you will discover the history and characteristics of arbitration and you will understand how its functioning is impacted by the dynamics at play within the international and domestic societies. You will also come to realize the importance of public interests in the disputes settled through arbitration and you will learn how they are taken into account in international arbitration.
  • International Criminal Courts and Tribunals
    This week examines a relatively new type of international courts, namely international criminal courts, with a focus on the ICC. We will discuss ongoing cases and debates, including sensitive issues such as the prosecution of sitting Heads of States. We will also inquire whether the international community is in need of a new dedicated international terrorism tribunal.
  • Conclusions of the three Course Themes
    This week, we will directly focus on the three course themes that have structured our discussions in the previous modules: law and politics, state consent and global values. For each of these themes, the videos of this module will give you the opportunity to synthetize the knowledge that you have acquired over the course and to compare the various courts and tribunals that have been analyzed through the lenses of the course themes. The videos in this module will also offer you some concluding observations and insights which will stimulate you to continue to reflect on these three themes and the international courts in The Hague more generally. This week, you will also take the final exam of this course; good luck on this!
Assessment Elements

Assessment Elements

  • non-blocking 5 practical assignments
    Final Exam The final test includes a quiz section and an essay section. The quiz section consists of multiple choice tasks concerning International Law topics. The essay section includes tasks, in framework of which the students should write a few paragraphs answering the questions. The quiz section – 10-15 tasks. The essay section – 4-5 tasks. The final exam is undertaken on the platform of Google Forms. Marks for the test are provided automatically. Then all answers are reviewed manually by the supervisor of the course. The final grade is calculated after the manual review. The final grade is to be sent to the students on the day of the final test. The final exam takes 60 minutes.
  • non-blocking interview with the instructor
    Final Exam The final test includes a quiz section and an essay section. The quiz section consists of multiple choice tasks concerning International Law topics. The essay section includes tasks, in framework of which the students should write a few paragraphs answering the questions. The quiz section – 10-15 tasks. The essay section – 4-5 tasks. The final exam is undertaken on the platform of Google Forms. Marks for the test are provided automatically. Then all answers are reviewed manually by the supervisor of the course. The final grade is calculated after the manual review. The final grade is to be sent to the students on the day of the final test. The final exam takes 60 minutes.
Interim Assessment

Interim Assessment

  • Interim assessment (4 module)
    0.5 * 5 practical assignments + 0.5 * interview with the instructor
Bibliography

Bibliography

Recommended Core Bibliography

  • Koskenniemi, M. (2013). Brownlie’s Principles of Public International Law. By JAMES CRAWFORD AC, SC, FBA. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.2E33BC2F
  • Shaw, M. N. (2008). International Law (Vol. 6th ed). Cambridge, UK: Cambridge eText. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=304677

Recommended Additional Bibliography

  • Kaul, J. L., & Jha, A. (2018). Shifting Horizons of Public International Law : A South Asian Perspective. New Delhi: Springer. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1680558
  • Vos, J. A. (2013). The Function of Public International Law. The Hague: T.M.C. Asser Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=566029