| 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:
Ruth Mackenzie, Cesare Romano, Yuval Shany and Philippe Sands (eds), Manual on International Courts and Tribunals (Oxford: Oxford University Press, 2010), ISBN:
9780199545278 |
| John Merrills, International Dispute Settlement 4th ed (Cambridge: Cambridge University Press, 2005), ISBN: 9780521617826 |
