Delivered at:: School of International Law

Course type:: Compulsory course

When:: 3 year, 4 module

Instructor

Старшинова Ольга Сергеевна

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Abstract

This course is focused on the development of practical litigation and negotiations skills and is designed as training aimed to gain knowledge of the basics of the dispute settlement process in different fields of public international law from a practical perspective. The course comprises three parts. In the introductory part, students will have an opportunity to recall the main principles of international dispute settlement and to refresh their knowledge on the dispute settlement process in the International Court of Justice. During the second part students will become acquainted with the dispute settlement process in the WTO Dispute Settlement Body. The focus will be made on practical aspects of work of the litigation lawyer: students will learn about how to prepare written submissions and oral pleadings, how to respond to complicated questions on the spot. Finally, the last part of the course is dedicated to the investor-state and state-state dispute settlement process. Students will learn how to prepare to and to conduct inter-state negotiations of the relevant chapters of bilateral treaties.

Learning Objectives

The main purpose of the project seminar is to develop students’ abilities to prepare written submissions and to present their claims before international courts and dispute settlement bodies.

Expected Learning Outcomes

• ability to search, analyse and work with legally relevant information by using of juridical, comparative and other specific methods, • ability to describe legal problems and situations related to the international dispute settlement;
• ability to use specific terms related to the international dispute settlement; • practical abilities to undertake a research and analysis of judicial decisions and legal writings;
• ability to work with information (search, evaluate, use information, necessary for fulfilment of scientific and professional tasks, from various sources, including application of the systematic approach); • ability to carry out professional activities in the international environment;
• general principles of international dispute settlement; • stages of the dispute settlement process in the WTO Dispute Settlement Body;
• main approaches to the key issues of investor-state dispute settlement; • specificities of the state-state dispute settlement process;
• skills to prepare legal documents and oral pleadings; • skills to conduct negotiations;

Course Contents

Topic 1. Basics of international dispute settlement
Topic 2. The International Court of Justice
Topic 3. WTO dispute settlement
Topic 4. Appointment of arbitrators
Topic 5. Investor-state dispute settlement
Topic 6. State-state dispute settlement on the basis of the bilateral investment treaties

Assessment Elements

Moot negotiations
Class-room based work
Moot court
Exam
In an oral form: students are expected to briefly respond to specific theoretical and practical questions on the spot, the questions will be provided to the students in advance.

Interim Assessment

2024/2025 4th module
0.1 * Class-room based work + 0.5 * Exam + 0.2 * Moot court + 0.2 * Moot negotiations

Bibliography

Recommended Core Bibliography

Alberto do Amaral Júnior, Luciana Maria de Oliveira Sá Pires, & Cristiane Lucena Carneiro. (2019). The WTO Dispute Settlement Mechanism : A Developing Country Perspective. Springer.
Couvreur, P. (2017). The International Court of Justice and the Effectiveness of International Law. Brill | Nijhoff.
Kaufmann-Kohler, G., & Potestà, M. (2020). Investor-State Dispute Settlement and National Courts. Springer Nature. https://doi.org/10.1007/978-3-030-44164-7

Recommended Additional Bibliography

Abhijit Das, & James J. Nedumpara. (2016). WTO Dispute Settlement at Twenty : Insiders’ Reflections on India’s Participation (Vol. 1st ed. 2016). Springer.
Dolzer, R. (DE-588)120047403, (DE-627)080409083, (DE-576)160762804, aut. (2008). Principles of international investment law Rudolf Dolzer and Christoph Schreuer.
Duncan French, Matthew Saul, & Nigel D White. (2010). International Law and Dispute Settlement : New Problems and Techniques. Hart Publishing.
Martin, M. (2013). WTO Dispute Settlement Understanding and Development. Brill | Nijhoff.
Rüdiger Wolfrum, & Ina Gätzschmann. (2013). International Dispute Settlement: Room for Innovations? Springer.

Authors

SMIRNOVA SVETLANA ANATOLEVNA
STARSHINOVA OLGA SERGEEVNA

Bachelor’s Programme 'Law'

Litigation in International Courts and Dispute Settlement Bodies