International Dispute Settlement

Class Unique: 29078
In the last decade international law has experienced an unprecedented proliferation of courts and tribunals in the most diversified fields, ranging from international trade, maritime law, human rights, and international criminal law. While this phenomenon presents great opportunities for the advancement of the rule of law in international relations, it poses also certain problems from the point of view of fragmentation of international law, forum shopping, and conflicts of law and jurisdiction. The purpose of this course is to provide an overview of the existing mechanisms of dispute resolution and explore the procedural and substantive problems that an international lawyer will face in bringing legal disputes before international courts and tribunals. The first part of the course will cover some general issues, such as the concept of "legal dispute", justiciability, conditions of jurisdiction, admissibility, and enforcement, in relation to the traditional methods of international dispute settlement, notably the International Court of Justice and arbitration. The second part of the course will focus on the structure, functioning and case law of some of the specialized dispute settlement mechanisms and of some recently established courts and tribunals, Special attention be given to Dispute Settlement Body of the World Trade Organization (WTO), the Law of the Sea Tribunal (ITLOS), the International Centre for the Settlement of Investment Disputes (ICSID) and NAFTA Chapter 11 investment disputes. the International Criminal Tribunal for Yugoslavia (ICTY) and the recently established International Criminal Court (ICC). The course is concentrated in the period end of August-end of the first week of October. The exam will consist of written essays in assigned room. It will be scheduled toward the end of October. Students interested in the course will be able to obtain a detailed outline. Materials for the course will be prepared by the instructor and will be made available for sale or for preliminary examination by students at the latest by the end of June.

Class Details

Meeting Days Time Location
Monday, Tuesday, Wednesday, Thursday, Friday 10:30 - 11:20 am TNH 3.127
Evaluation Method Date Time Alpha Range Room
Final 10/19/07 1:00 pm A-Z
3.126

Additional Information

Course Type

Faculty

Francioni, Francesco Francioni, Francesco