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. This 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.
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
*Disclaimer: This course has been updated to the best of our knowledge at the current time of publishing. Due to the Covid 19 pandemic and the fluctuating changes in lock down regulations all information contained within this course description are subject to change up to 1 September 2020.
Due to the uncertainty of the Covid 19 virus after 1 September 2020, changes to the course description can only be made in the event of strict necessity and only in the circumstances where the interests of the students are not impinged. Should there be a need for any change during the duration of the course, this will be informed to all students on a timely basis and will not be to the prejudice of students. Modifications after 1 September 2020 may only be done with the approval and consent of the Faculty Board.
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