| Law and policy
of international courts and tribunals |
| Section
A: Introduction to international dispute resolution |
| ·
Introduction and historical
background: from arbitration to the International Criminal Court |
| ·
The concept of an international
dispute |
| ·
Participation in international
disputes |
| Section
B: Non-adjudicatory dispute resolution processes |
| ·
The obligation to settle disputes
peacefully |
| ·
Overview of the processes for the
peaceful settlement of disputes; negotiation; fact-finding;
mediation; conciliation; arbitration and adjudication. Points of
similarity and distinction; advantages and disadvantages; factors
that influence recourse to particular processes |
| ·
Fact-finding as a dispute
resolution process; fact-finding by governmental and
non-governmental actors; Inspection Panels; the role of
fact-finding in disputes concerning violations of human rights |
| ·
Negotiation and mediation |
| Section
C: Role and functioning of international courts and tribunals:
institutional aspects |
| ·
Appointment and role of
adjudicators |
| ·
Role of registry/secretariat |
| ·
Participants (and non-participants
in proceedings) and their representation |
| ·
Applicable law: procedural and
substantive |
| ·
Issues of access, including
jurisdiction (contentious and advisory), standing and
admissibility |
| ·
Financing of international courts
and tribunals and proceedings before them |
| Section
D: Role and functioning of international courts and tribunals:
procedural aspects |
| ·
Third party participation,
including intervention and amicus curiae briefs |
| ·
Preparation and filing of written
pleadings and the role of oral arguments |
| ·
Provisional measures |
| ·
Evidentiary rules and principles |
| ·
The powers of the various courts
and tribunals, including remedies |
| ·
Interpretation, appeal and review |
Sequence:
For students who chose to study and be examined in this course
prior to January 2007, sections A and B must be attempted before
Section D.
Students choosing to study this course with effect from 1 January
2007 will be required to attempt the sections in order.
|
Textbooks:
Philippe Sands, Ruth
Mackenzie and Yuval Shany (eds), Manual on International
Courts and
Tribunals (London: Butterworths, 1999), ISBN: 9780406925312
|
| John Merrills,
International Dispute Settlement 4th ed (Cambridge:
Cambridge University Press, 2005),
ISBN: 9780521617826 |
