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14
Апрель

International Law in Action: A Guide to the International Courts and Tribunals in The Hague

2020/2021
Учебный год
ENG
Обучение ведется на английском языке
3
Кредиты
Статус:
Курс по выбору
Когда читается:
4-й курс, 2 модуль

Преподаватель


Егорова Алена Сергеевна

Course Syllabus

Abstract

International Law in Action explains the functions of each international court and tribunal present in The Hague, and it looks at how these institutions address contemporary problems. On the basis of selected cases, and through interviews with judges and lawyers, you will explore the role of these courts and tribunals and their potential to contribute to global justice. During all forms of monitoring the assessment is made on ten-grade scale. To pass the test the student must demonstrate his mastering of the conceptual apparatus and the basic legal concepts as well as the basic skills to analyze the international legislation. When writing his essay the student must demonstrate his ability to conduct an independent research and to draw conclusions on the basis of information obtained from sources and scientific literature. A mandatory requirement to all written works shall be language accuracy and the correct use of scientific vocabulary and references. During tests and examinations the student must demonstrate the mastering of at least 70% of the studied material, skills for analyzing historical and legal sources, correct application of legislation, mastering of legal terminology, the ability to think legally.
Learning Objectives

Learning Objectives

  • The training in the International Law in Action is aimed to develop knowledge and skills, sufficient for subsequent digestion of branch disciplines.. Student competence generated as a result of the discipline study After the study of the discipline the student should: Be familiar with the concepts and the main characteristics of International law; basic laws of origin, function and development of International law; the role of International law in the management of current international relations, conflict settlement and combating crime; development of the basic institutions of international humanitarian, maritime, economic, diplomatic and consular law, the law of armed conflict, international treaties and organizations. Be able to operate with legal concepts and categories; to analyze legislation and legal relationships arising therefrom; to analyze, interpret and apply the law correctly. Have skills for working knowledge with legal acts, analyzing various legal events and relations, which are the objects of professional activity; solution of legal problems and conflicts.
Expected Learning Outcomes

Expected Learning Outcomes

  • The student should be familiar with the preconditions for international dispute settlement appearance, with the current system of international courts and tribunals
  • The student should be familiar with the jurisdiction of ICJ and its dual competence.
  • The student knows the international arbitration courts system; in particular he focuses on the Permanent court of arbitration, inter-state arbitration and investor-state arbitration.
  • The student understands how international criminal courts and tribunals exercise their powers, he is familiar with current situations and cases regarding ensuring individual criminal responsibility
  • The student summarizes the knowledge obtained, allocates distinctive features and purpose of each international court and tribunal
Course Contents

Course Contents

  • An introduction to the International Courts and Tribunals in The Hague (Week 1)
    Lecturers discuss the evolution of international dispute settlement in the international legal order. The leading question is: why did people start thinking about creating international courts? Lecturers will also introduce the community of international courts present in The Hague today.
  • The International Court of Justice (ICJ) (Week 2)
    Students are going to explore the principle judicial organ of the United Nations—the International Court of Justice. This Court has dual functions as an institution that settles disputes between States, and as an advice giver within the UN system. Students will explore the limitations that the Court faces in its fulfilment of these functions as well as its potential as an institution, particularly in the context of disputes involving the protection of the environment.
  • The Arbitration of International Disputes (Week 3)
    Students will explore the world of international arbitration. They will focus on the Permanent court of arbitration, inter-state arbitration and investor-state arbitration. They will discover the history and characteristics of arbitration and they will understand how its functioning is impacted by the dynamics at play within the international and domestic societies. Students will also come to realize the importance of public interests in the disputes settled through arbitration and learn how they are taken into account in international arbitration.
  • International Criminal Courts and Tribunals (Week 4)
    This week examines a relatively new type of international courts, namely international criminal courts, with a focus on the ICC. Students will discuss ongoing cases and debates, including sensitive issues such as the prosecution of sitting Heads of States. They will also inquire whether the international community is in need of a new dedicated international terrorism tribunal.
  • Conclusions of the three Course Themes (Week 5)
    Students will directly focus on the three course themes that have structured the discussions in the previous modules: law and politics, state consent and global values. For each of these themes, the videos of this module will give the opportunity to synthetize the knowledge that students have acquired over the course and to compare the various courts and tribunals that have been analyzed through the lenses of the course themes. The videos in this module will also offer some concluding observations and insights which will stimulate students to continue to reflect on these three themes and the international courts in The Hague more generally.
Assessment Elements

Assessment Elements

  • non-blocking Онлайн-тест
  • non-blocking Итоговый экзамен
Interim Assessment

Interim Assessment

  • Interim assessment (2 module)
    0.7 * Итоговый экзамен + 0.3 * Онлайн-тест
Bibliography

Bibliography

Recommended Core Bibliography

  • von Bogdandy, A., & Villarreal, P. A. (2021). The Role of International Law in Vaccinating Against COVID-19: Appraising the COVAX Initiative. Zeitschrift Für Ausländisches Öffentliches Recht Und Völkerrecht / Heidelberg Journal of International Law ; Volume 81, Issue 1, Page 89-116 ; ISSN 0044-2348. https://doi.org/10.17104/0044-2348-2021-1-89
  • Лазутин Л.А., под ред., Суворова В.Я., под ред., Фёдоров И.В., под ред. - Международное право (для бакалавров) - Юстиция - 2021 - 400с. - ISBN: 978-5-4365-5041-1 - Текст электронный // ЭБС BOOKRU - URL: https://book.ru/book/936645

Recommended Additional Bibliography

  • Абашидзе А. Х., Солнцев А. М. - МЕЖДУНАРОДНОЕ ПРАВО. МИРНОЕ РАЗРЕШЕНИЕ СПОРОВ 3-е изд., испр. и доп. Учебное пособие для вузов - М.:Издательство Юрайт - 2020 - 221с. - ISBN: 978-5-534-07334-8 - Текст электронный // ЭБС ЮРАЙТ - URL: https://urait.ru/book/mezhdunarodnoe-pravo-mirnoe-razreshenie-sporov-452439
  • Уткин В.А. - Международное право борьбы с преступностью. (Магистратура) - Юстиция - 2021 - 186с. - ISBN: 978-5-4365-5157-9 - Текст электронный // ЭБС BOOKRU - URL: https://book.ru/book/936357
  • Шумилов В.М. - Международное право. (Бакалавриат и специалитет). Учебник. - Юстиция - 2020 - 528с. - ISBN: 978-5-4365-3342-1 - Текст электронный // ЭБС BOOKRU - URL: https://book.ru/book/932084