Bachelor 2020/2021

Settlement of International Disputes

Type: Elective course (Law)

Area of studies: Law

Delivered by: Department of Constitutional and Administrative Law

Where: School of Law

When: 4 year, 3 module

Mode of studies: offline

Instructors: Elizaveta Shushunova

Language: English

ECTS credits: 4

Contact hours: 54

Course Syllabus

Abstract

The course introduces basics of peaceful means for dispute resolution in terms of contemporary legal and political framework. Students will be guided through the techniques and institutions used to overcome tensions and conflicts primarily from the public international law perspective. The course slightly touches upon diplomatic instruments, such as mediation, negotiation, inquiry. However, the core topics outline distinctively legal methods - arbitration and adjudication. Nature and procedural peculiarities of the following major institutions are under consideration: the UN, International Court of Justice separately, the International Tribunal for the Law of the Sea.

Learning Objectives

• know basic categories, institutions and proceedings within the main sections of the course;
• be able to explain them and give examples of emblematic cases in international legal practice;
• know primary instruments of dispute resolution and applicable legal limitations for diplomatic or adjudicative involvement;
• know specific legal aspects of negotiation proceedings, including the variety of fact finding means and subsequent commitmen;
• be able to use the core terminology when discussing theoretical and practical issues;
• be able to evaluate effectiveness and relevance of diplomatic, arbitral and judicial decisions;
• be able to set goals and tasks related to the performance of professional functions; analyze situations and facts taking into account acquired skills and knowledge;
• be able to reflect on the content of legal acts and apply them for fact finding, negotiation and adjudication;
• have the following skills: analytical approach towards diplomatic tensions, legal disputes, military conflicts; adequate use of relevant theories, categories and legal norms in relation to complex situations; performance of mediation, arbitral, judicial functions.

Expected Learning Outcomes

• know basic categories, institutions and proceedings within the main sections of the course
• know primary instruments of dispute resolution and applicable legal limitations for diplomatic or adjudicative involvement
• know specific legal aspects of negotiation proceedings, including the variety of fact finding means and subsequent commitment
• be able to use the core terminology when discussing theoretical and practical issues; evaluate effectiveness and relevance of diplomatic, arbitral and judicial decisions
• be able to set goals and tasks related to the performance of professional functions; analyze situations and facts taking into account acquired skills and knowledge
• be able to reflect on the content of legal acts and apply them for fact finding, negotiation and adjudication

Course Contents

• Legal framework for the regulation of international affairs. International tensions, disputes and conflicts: jurisprudence and political agenda
  Diplomatic tensions, breach of international obligations and restoration of international order. Treaty and customary law remedies. Territorial disputes. Current issues of collective security. Latest legal findings in relation to armed conflicts, classification. Erga omnes obligations: current legal findings for protection of international peace and security (including genocide cases). Responsibility to protect doctrine: emergence, legal basis, challenges.
• State and Non-State actors as parties to a dispute. Legal status, capacity, responsibility
  Overview of the subjects of International Law. Latest developments of categories “statehood”, “effective control”, “self-determination”, “failed state” etc. Legal status of insurgents and national liberation movements.
• Basic principles of diplomatic interactions. Negotiation proceedings, consultation
  Methods of peaceful dispute resolution in accordance with the Art. 33 of the UN Charter. The role of modern diplomacy in decreasing international tensions. Peculiarities of bilateral and multilateral relations. Consultation: specific traits, advantages and limitations. Forms of negotiation, negotiation strategies and techniques.
• Mediation, Inquiry, Conciliation
  Status and qualifications of mediators. Consent to mediation. Functions and limits of mediation. The value and effect of inquiry. Conciliation: emergence, significance and further developments under treaty law. Commissions of conciliation.
• Arbitration
  Forms of arbitration, selection of arbitrators, principles and procedural regulations, legal basis of the final decision, the effect of the award. The impact of arbitration.
• The International Court of Justice: membership, jurisdiction, judgment’s effect. Legal dimension
  Jurisdiction and jurisdictional disputes. Judges: election, status, qualification. ICJ Chambers. Proceedings: establishing facts, identifying the law, judgment and it’s effect. Legal and political disputes in ICJ practice. The role of the ICJ.
• Maritime Disputes. Instruments designated by the Law of the Sea Convention
  Convention 1982: significance, content, implementation. Principle of compulsory settlement and exceptions to it. Conciliation and arbitration, special arbitration. The International Tribunal for the Law of the Sea. The Sea-Bed Disputes Chamber. Membership of ITLOS.
• The United Nations: institutionalized machinery and proceedings
  The UN structure, primary organs and committees. The role and the proceedings of the Security Council and General Assembly. Action under Chapter VII of the Charter. Peace-keeping operations. Legal evaluation of the political decisions within the UN. Effectiveness and impact.
• Regional instruments
  Spectrum and scope of regional organizations. Role of regional actors in dispute resolution. Legal limitations and cooperation with the UN. Adjudication.

Assessment Elements

• Test
  Test assignment is performed in the classroom in lecturer’s presence, implies resolution of one (1) practical case based on the materials of judicial or diplomatic practice, and involves the development of effective law enforcement skills. The task should be completed within one hour (60 minutes)
• In-class Participation
• Exam
  Examination assignment is performed in a written form during the end-of-term period. Written exam is carried out in the classroom in lecturer’s presence, implies resolution of three (3) practical cases based on the materials of judicial or diplomatic practice, allows students to demonstrate the knowledge and skills acquired during the course. The task should be completed within two hours (120 minutes)

Interim Assessment

• Interim assessment (3 module)
  0.4 * Exam + 0.2 * In-class Participation + 0.4 * Test

Bibliography

Recommended Core Bibliography

• Gerber, D. J. (2010). Global Competition : Law, Markets, and Globalization. Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=467462
• Shaw, M. N. (2003). International Law (Vol. 5th ed). Cambridge, U.K.: Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=125137

Recommended Additional Bibliography

• Flores, I. B., & Himma, K. E. (2013). Law, Liberty, and the Rule of Law. Dordrecht: Springer. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=537241
• Hong, N. (2012). UNCLOS and Ocean Dispute Settlement : Law and Politics in the South China Sea. Hoboken: Routledge. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=473892