Бакалавриат
2021/2022
Разрешение международных споров
Лучший по критерию «Полезность курса для расширения кругозора и разностороннего развития»
Статус:
Курс по выбору (Юриспруденция)
Направление:
40.03.01. Юриспруденция
Где читается:
Юридический факультет (Санкт-Петербург)
Когда читается:
4-й курс, 3 модуль
Формат изучения:
без онлайн-курса
Охват аудитории:
для своего кампуса
Преподаватели:
Шушунова Елизавета Васильевна
Язык:
английский
Кредиты:
4
Контактные часы:
54
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. Sufficient knowledge of Constitutional Law, Public International Law and Theory of Law is required. Basics of Private Law regulation are also strongly recommended.
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 specific legal aspects of negotiation proceedings, including the variety of fact finding means and subsequent commitmen;
- be able to use the core terminology when discussing theoretical and practical issues;
- be able to evaluate effectiveness and relevance of diplomatic, arbitral and judicial decisions;
- be able to set goals and tasks related to the performance of professional functions; analyze situations and facts taking into account acquired skills and knowledge;
- be able to reflect on the content of legal acts and apply them for fact finding, negotiation and adjudication;
- have the following skills: analytical approach towards diplomatic tensions, legal disputes, military conflicts; adequate use of relevant theories, categories and legal norms in relation to complex situations; performance of mediation, arbitral, judicial functions.
Expected Learning Outcomes
- be able to reflect on the content of legal acts and apply them for fact finding, negotiation and adjudication
- be able to set goals and tasks related to the performance of professional functions; analyze situations and facts taking into account acquired skills and knowledge
- be able to use the core terminology when discussing theoretical and practical issues; evaluate effectiveness and relevance of diplomatic, arbitral and judicial decisions
- know basic categories, institutions and proceedings within the main sections of the course
- know primary instruments of dispute resolution and applicable legal limitations for diplomatic or adjudicative involvement
- know specific legal aspects of negotiation proceedings, including the variety of fact finding means and subsequent commitment
Course Contents
- Legal framework for the regulation of international affairs. International tensions, disputes and conflicts: jurisprudence and political agenda
- State and Non-State actors as parties to a dispute. Legal status, capacity, responsibility
- Basic principles of diplomatic interactions. Negotiation proceedings, consultation
- Mediation, Inquiry, Conciliation
- Arbitration
- The International Court of Justice: membership, jurisdiction, judgment’s effect. Legal dimension
- Maritime Disputes. Instruments designated by the Law of the Sea Convention
- The United Nations: institutionalized machinery and proceedings
- Regional instruments
Assessment Elements
- In-class ParticipationFor 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.
- ExamThe exam consists of two components – the basic part and the specific part. The grade for the exam is calculated according to the following formula: Ge = Gb * Gsp with: Ge – grade for the exam (10 points maximum), Gb – basic assessment coefficient (determined as result of the basic part of the exam, the minimum weight is 0.5, the maximum weight is 1), Gsp – grade for the specific part of the exam (determined as result of the specific part of the exam, 10 points maximum). Rounding rules: from 0,1 to 0,4 – to the lesser, from 0,5 to 0,9 – to the bigger. 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 5 (i.e. 6 or more incorrect answers), the specific part of the exam is not subject to review and assessment, and 1 point is awarded for the exam as a whole. If the number of correct answers is 5 or more, they are converted into the basic assessment coefficient as follows: 10 correct answers equate to 1,0; 9 correct answers equate to 0,9; 8 correct answers equate to 0,8; 7 correct answers equate to 0,7; 6 correct answers equate to 0,6; 5 correct answers equate to 0,5. 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 minute 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. The specific part of the exam is open book; students could not use materials or devices allowed by the professor. The duration of the specific part of the exam is 90 minutes. This assignment consists of 2 cases.
- In-class written assessmentIn-class written assessment takes form a resolution of 2 practical cases, based on the material covered in class and during self-study. The in-class written assessment is open book; students could use any 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
- 2021/2022 3rd moduleThe 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, 2 * G2 + 0, 5 * 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
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
- 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
- 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
- Flores, I. B., & Himma, K. E. (2013). Law, Liberty, and the Rule of Law. Dordrecht: Springer. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=537241
- 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