International Dispute Settlement, 2008-2009 - Studiegids

Objectives of the course

The course has the following objectives: The aim of this course is to provide an overview of legal methods for dispute settlement in public international law, focusing in particular on judicial settlement and arbitration

Short description of the course

The course will include a general overview of the methods for dispute settlement in public international law, including the nature of an international dispute, and the significance of peaceful settlement in the development of the law. The methods for reaching agreement for settlement will be surveyed, and the techniques of third-party settlement examined and compared. Considerable attention will be paid to the work of the International Court of Justice (ICJ), and its contentious and advisory jurisdictions. Specific dispute settlement mechanisms and other tribunals (ITLOS and the WTO) will be noticed, as will the issue of proliferation of international courts and tribunals. The course is linked to the research program ‘securing the rule of law in a world of multilevel jurisdiction.’

Achievement levels

The following achievement levels apply with regard to this course:

Knowledge: After successfully completing this course, the student has a thorough knowledge of and insight into the existing legal framework, the fundaments and the system of international dispute settlement. The student has a thorough knowledge of the specific rules and regulations that were studied during the course, of the working of international tribunals, particularly the International Court, and the nature and operation of international judicial jurisdiction, as well as the interrelationship between the various courts and bodies, and the issue of proliferation. Moreover, the student is well aware of the political and social context in which these rules are applied.

Academic skills and attitude: After successfully completing this course, the student is able to interpret and analyse the relevant literature and sources critically and to present solutions for legal problems after thorough legal research. The student is also trained to analyse a judgment of the Court with a view to presenting the case orally and drafting a case-note in a clear and structured way. The student is able to critically appraise judgments on the basis of sound and convincing legal arguments having regard to other relevant developments.

Coördinator

Name: Eric De Brabandere
Work address: Steenschuur 25
Contact information: Room B 1.26
Telephone number: +31 71 527 7399
E-mail: e.de.brabandere@law/leidenuniv.nl

Departement/division

Departement: Public Law
Division: Public International Law
Room number secretariat: KOG, Office B1.21
Telephone number secretariat: +31 71 – 527 7578
E-mail: e.h.uiterweerd@law.leidenuniv.nl

Onderwijsvormen

Lectures

Number of (2 hour) lectures: 5
Names of lecturers: Hugh Thirlway
Required preparation by students: none

Seminars

Number of (2 hour) seminars: 5
Names of instructors: Eric De Brabandere
Required preparation by students: Students are expected to prepare well and participate actively. Prepared attendance of the seminars is mandatory

Other methods of instruction

Description: Student presentations. The subject for the presentation to be made by each student toward the end of the course will be an analysis of a procedural aspect of an ICJ decision. After explicit authorization by the course coordinator, the subject for the presentation may be a decision from another court or tribunal.
Number of (2 hour) instructions: 4
Names of instructors: Eric De Brabandere
Required preparation by students: Mandatory

Studiemateriaal

Obligatory course materials
Literature:

J. Collier and V. Lowe, The Settlement of Disputes in International Law (Oxford: Oxford University Press), 1999.

Course information guide:

Included in the Reader International Dispute Settlement and available on Blackboard

Reader:

Reader International Dispute Settlement
Additional documents made available via Blackboard

Toetsing

Examination form(s)
Students can gain a maximum of 100 points. These can be obtained through a written case note of an ICJ judgment (25%), an oral presentation of that ICJ judgment (25%) and a written exam (50%).

Submission procedures
Student presentations:
The students are requested to submit on 5 December 2007, during the seminar, a text of no more than 100 words containing both the subject (ICJ decision) and a brief description of the legal question which will be analyzed.

All students must submit their case note at the start of the first presentations (11 January 2008). Submitting the case note on time is mandatory. Late submission will result in a reduction of the grade of the case note of one point per day.

The presentations will take place on 11 January 2008.

Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.

International Dispute Settlement