Objectives
Any lawyer working in the field of dispute settlement should have knowledge of the procedural questions that arise, both in advising on the competence of courts and tribunals, and in tackling procedural questions during the proceedings. The objective of this course is to provide such knowledge on an introductory level, but with specific and in-depth focus on the general and common procedural principles.
Description
This core course will introduce the procedural aspects of international dispute settlement. Since the procedures in the different dispute settlement mechanisms available to parties to a dispute are conducted in a similar fashion and comprise common procedural stages, such as jurisdiction, provisional measures, merits, and raise equally similar issues such as evidence and enforcement, this course will provide students with the main procedural aspects of such procedures throughout the different fields. Document production/disclosure procedures also will be touched upon.
Mode of Instruction
1. Lectures: Traditional lectures where the instructor presents key concepts, theories, and case studies to the students.
2. Guest Lectures: Inviting experts or practitioners in the field to provide real-world insights and experiences related to dispute settlement.
3. Collaborative case analysis: each week, students are assigned a problem-question which they are required to analyze, discuss in groups, and present their findings in a plenary discussion in class.
Assessment
The course will be assessed 40% based on a written assignment and 60% on a final take-home exam.
Course Topics
Introduction & The Existence of a Dispute
The International Court of Justice: Standing before the Court & Consent to Jurisdiction
The International Court of Justice 2: Consent Jurisdiction (ii) and Admissibility
Investment Treaty Arbitration: Jurisdiction & Admissibility
UN Convention on the Law of the Sea: Jurisdiction & Admissibility
WTO: Jurisdiction & Admissibility and Cross-cutting themes
Provisional Measures
Evidence and Document Production
Challenge of Decisions
Interpretation and revision
Enforcement
State Immunity
Readings
The list of scholarly articles and book chapters will be announced via Brightspace