| Unit name | International Dispute Settlement |
|---|---|
| Unit code | LAWDM0025 |
| Credit points | 30 |
| Level of study | M/7 |
| Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
| Unit director | Emeritus Professor. Achilles Skordas |
| Open unit status | Not open |
| Pre-requisites |
None |
| Co-requisites |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
This unit aims to provide and overview of the techniques available for the settlement of international disputes between states in general, and to provide a detailed examination of the work of the International Court of Justice and the International Tribunal on the Law of the Sea in particular. International dispute settlement must, however, also be considered in a broader context and so other forms of peaceful settlement will be considered, including non-forcible counter-measures and sanctions regimes. The composition and working practices of the institutions will be examined, as will their jurisdictional competence. Other topics addressed will include the availability of provisional measures, intervention in proceedings, the range of remedies available and advisory jurisdiction. Students will also be introduced to other institutional mechanisms that may be drawn on.
Aims:
1. To discuss the general principles and methods of international dispute settlement
2. To understand the particular features of the International Court of Justice and discuss its case-law
3. To understand the particular features of the Dispute Settlement Body of the World Trade Organizations and discuss its case-law
4. To understand the particular features of the work of the European Court of Human Rights and discuss its case-law
5. To understand the particular features of the work of the International Tribunal for the Law of the Sea.
By the end of this unit, students are expected to be able to:
1. demonstrate a sound understanding of the different methods of international dispute settlement (for instance, judicial settlement, arbitration, conciliation, mediation);
2. show a good understanding of the different principles underpinning the organization and operation of international adjudication organs, such as the International Court of Justice, the WTO Dispute Settlement System, the European Court of Human Rights and the International Tribunal for the Law of the Sea;
3. show an understanding of the case-law of the respective international courts and tribunals;
4. make a reasoned critique of the case-law of international adjudication organs, taking into consideration the dissenting and separate opinions.
Two-hour seminars (ten)
One formative essay
A 3-hour written exam
1. Zimmermann/Tomuschat/Oellers-Frahm, The Statute of the International Court of Justice A Commentary, OUP, 2006
2. Merrills, International Dispute Settlement, 4th edition, 2005
3. Evans, International Law Documents, 8th edition, OUP, 2007
4. Churchill/Lowe, Law of the Sea, 3rd edition, 1999
5. Max-Planck Encyclopaedia of Public International Law (electronic resource, we are already subscribed to it).
