||30 credits (15 ECTS, 300 learning hours)
| Other Teachers:
||20 x 2-hour weekly seminars, 10 seminars per term, Term One and Two
|Who may enrol:
||LLM students only
|Must not be taken with:
|Qualifying module for:
||LLM in Human Rights Law;
LLM in International Law;
LLM in Litigation and Dispute Resolution
||Opportunity for feedback on one optional practice essay
||One 3-hour unseen written examination (100%)
This module deals with:
- The requirements of general obligation under international law to settle disputes peacefully.
- The historical evolution and contemporary understandings of the mechanisms available for dispute resolution enumerated in United Nations Charter Article 33: negotiation, inquiry; mediation; conciliation; arbitration; judicial settlement.
- Legal and policy issues associated with the composition, functioning and powers of the permanent and ad hoc international courts and tribunals.
- The respective advantages and disadvantages of these various mechanisms, the factors that influence their effectiveness.
- The role and interests of the various disputants and interested third parties in proceedings before these mechanisms.
- The place which these mechanisms have in the international legal order and their relationships to national bodies.
- Introduction. Historical background and Proliferation of ICTs
- Diplomatic processes for resolution of disputes
- Appointment of international judges
- Independence and impartiality of international judiciary
- Jurisdiction I
- Jurisdiction II
- Applicable law
- Representation of the parties
- Provisional measures
- Third party intervention
- Amicus curiae
- Powers of ICTs: Remedies and Implementation
- Interpretation, Appeal and Review
- Advisory opinions
- Relationship between international courts
While there is no one textbook that covers all the material addressed in the module, there are four basic books now available that are recommended:
- R. Mackenzie, C. Romano, Y. Shany and P. Sands, Manual of International Courts and Tribunals (2nd edition, OUP, 2010)
- J. Merrills, International Dispute Settlement (Cambridge University Press, 4th ed. 2005)
- J. Collier & V. Lowe, The Settlement of Disputes in International Law (Oxford University Press, 1999)
- C. Romano, K. Alter and Y. Shany (eds.) The Oxford Handbook of International Adjudication (OUP, 2014)
Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.