| Kommentar |
Modern international law, just as modern society, abhors (international) armed conflict – and rightly so. Article 2 (3) of the UN Charter mandates that UN member states shall settle their international disputes “by peaceful means in such a manner that international peace and security, and justice, are not endangered“. Realizing the international rule of law is therefore premised upon a functioning system of international dispute settlement. The course will discuss the principal means of settlement of international disputes: diplomatic/political methods (negotiation, good offices/mediation, inquiry, conciliation) and judicial approaches (and arbitration, which combines elements of both). While arbitration has seen some uptake more recently, the last years have been characterized by the proliferation of international courts and tribunals and the progressive inclusion of non-state actors, including individuals. In this course you will learn how to settle international disputes quickly and effectively. For this, you will need an understanding of the different regional and global judicial forums of dispute settlement, their set-up, legal basis, legitimacy and decision-making procedures. Special attention will be given to the International Court of Justice, the International Criminal Court, the European Court of Human Rights, the International Tribunal of the Law of the Sea, the Permanent Court of Arbitration and dispute settlement procedures in international economic law (WTO) and international investment law (ICSID). But we will also discuss private dispute settlement by Internet companies, including online sales companies and social media service providers, and arbitration by sports federations. |
| Literatur |
Books:
- Merrills, International Dispute Settlement, 6th ed., Cambridge University Press 2017
- Tanaka, The Peaceful Settlement of International Disputes, Cambridge University Press, 2018
Background reading:
- Bjorge/Miles (eds.), Landmark Cases in Public International Law, Hart Publishing, 2017
- von Bogdandy/Venzke, In whose name? A Public Law Theory of International Adjudication, Cambridge University Press, 2014
- Knoops, An Introduction to the Law of International Criminal Tribunals: A Comparative Study, 2nd ed. (2014)
- Romano et al. (eds.), The Oxford Handbook of International Adjudication, Oxford University Press 2015
- Schabas (ed.), Research Handbook on International Courts and Tribunals, E. Elgar 2017
- Schabas, The International Criminal Court – A Commentary on the Rome Statute, 2nd Edition, Oxford University Press 2016
- Schröder, Verantwortlichkeit, Völkerstrafrecht, Streitbeilegung und Sanktionen, in: W. Graf Vitzthum/A. Proelß (eds.), Völkerrecht, 7th ed., DeGruyter, 2013, pp. 539 – 590
- Shaw, Rosenne’s Law and Practice of the International Court: 1920–2015, Volumes I - IV, Nijhoff 2016
- Wolfrum/Gätzschmann (eds.), International Dispute Settlement: Room for Innnovations, Springer 2013
- Zimmermann et al. (eds.), The Statute of the International Court of Justice: A Commentary, 2nd Ed., Oxford University Press 2012
Documents:
- Abass, Complete International Law: text, cases, and materials, 2nd edition, 2014
- Evans (ed.), Blackstone’s International Law Documents, 12th ed., 2015
- Tams/Tzanakopoulos, The Settlement of International Disputes, Basic Documents, 2012
Journals:
Journal of International Dispute Settlement, https://academic.oup.com/jids/pages/About |
| Lerninhalte |
Unit Date Time Topic
(1) We 15 Apr 12-14 Introduction into international dispute settlement (IDS): legal basis, authority
(2) We 22 Apr 12-14 Introduction into IDS II: function and impact
(3) We 29 Apr 12-14 IDS and the United Nations
(4) We 27 May 10-12 Diplomatic and political dispute settlement
(5) We 13 May 12-14 Inter-state arbitration
(6) We 27 May 16-18 International courts and tribunals
(7) We 27 May 12-14 International Court of Justice
(8) We 3 June 12-14 Universal human rights litigation
(9) We 10 June 10-12 Regional human rights litigation
(10) We 10 June 12-14 International Criminal Court and tribunals
(11) We 10 June 16-18 IDS in the law of the sea
(12) We 17 June 12-14 IDS in international economic law
(13) We 24 June 12-14 Investment arbitration under ICSID
(14) We 1 July 12-14 Private-public dispute settlement on the Internet |
