Kommentar |
This course focuses on the various mechanisms of international judicial dispute settlement before international courts and tribunals (among others, the International Court of Justice, the International Tribunal for the Law of the Sea, inter-state and investment arbitration, the European Court of Human Rights and WTO dispute settlement). It will discuss the theoretical foundations of international adjudication as well as its institutions and procedural rules and principles against the background of past and current international developments, including the war in Ukraine. An important emphasis of the course will lie on aspects of advocacy. Students will be encouraged to consider procedural strategy and tactics as well as the wider political implications of the dispute and the international judicial forum at hand. Each class will discuss a specific judgment or decision by an international court or tribunal. |
Literatur |
K Alter, The New Terrain of International Law: Courts, Politics, Rights, Princeton University Press 2014 A von Bogdandy and Ingo Venzke, In Whose Name?, Oxford University Press 2022 E De Brabandere, Merrills’ International Dispute Settlement, 7th edn, Cambridge University Press 2022 A Kulick, ‘Inter-State Adjudication’, in Peters (ed), Max Planck Encyclopedia of Public International Law, Oxford University Press (online) H Lauterpacht, The Function of Law in the International Community, original edition 1933, reprint Cambridge University Press 2011 CR Romano, K Alter and Y Shany, The Oxford Handbook of International Adjudication, Oxford University Press 2014 Y Tanaka, The Peaceful Settlement of International Disputes, Cambridge University Press 2018 H Thirlway, The International Court of Justice, 2016 |