B6108 - International Adjudication

Learning outcomes

At the end of the course, a student knows: • The main international arbitral and judicial dispute settlement bodies; • The sources of international adjectival law/the law of international adjudication; • The content of principles and rules of international adjectival law; • How to structure a research on international procedural law, or a pleading for a moot competition.

Course contents

It is strongly suggested that students taking this course have already taken the course of Foundations of International Law.

The course addresses the procedural aspects of international adjudication as the most common method of inter-state and individual-state dispute settlement and, thus, as a means to foster international peace and security.

The course will be divided into two modules.

Module A (10 hours) will focus on analysing the role of international adjudication within the framework of international law. It will cover the historical and institutional development of international adjudication and arbitration, from the late 19th century to the establishment of international criminal tribunals in the late 20th century. The analysis will be organised into three main areas: i) Inter-State judicial bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the Permanent Court of Arbitration (PCA), and the Dispute Settlement Body of the World Trade Organization (WTO DSB). Additionally, the analysis will address ICSID (International Centre for Settlement of Investment Disputes), which plays a key role in resolving disputes between states and foreign investors. ii) Human Rights judicial bodies, such as the European Court of Human Rights (ECtHR), the Inter-American Court of Human Rights (IACtHR), and the African Court on Human and Peoples' Rights (ACtHR). iii) Criminal Courts, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC).

Module B (20 hours) will concentrate on the processes and dynamics of international procedures. It will emphasise the role of international adjudication within the international framework, exploring in detail the rules and principles that govern counter-claims, incidental proceedings (such as preliminary objections and provisional measures), as well as issues of jurisdiction, admissibility of claims, and remedies available after a decision is rendered.

 

Within the course, four hours will be devoted to the topic “The EU Approach to Reform the Investor-State Dispute Settlement Mechanisms: The Project for a Multilateral Investment Court” within the Jean Monnet Chair Project SustainEUorPlanet “The EU as a Global Actor in the International Law for the Sustainable Development of the Planet – Advancing Fairness, Expanding Accountability and Promoting Security”.

Readings/Bibliography

The course will be mainly based on cases analysed during lectures. Digital materials will be provided by the teacher during the course and uploaded on Virtuale.

Given the advanced nature of the course, it is suggested that students have a good knowledge of international law issues and international dispute settlement. To that effect, the following readings are strongly suggested:

• A.M. Tanzi, A Concise Introduction to International Law (2nd ed., Giappichelli-Eleven 2022) (Chapters 5-6).
• John Merrills, Eric De Brabandere, Merrills' International Dispute Settlement (Cambridge University Press 2022; 7th Ed), Chapters 1 and 6-11.

Teaching methods

Lectures delivered by the teacher and seminars.

Mandatory attendace at 70%, according to the Legal Studies Course regulation.

Assessment methods

The final assessment will consist of an oral examination.

• Attending students: The exam will cover the topics discussed in class. Class notes will be sufficient for preparation.
• Non-attending students: The exam will be based on Merrills' International Dispute Settlement by John Merrills and Eric De Brabandere (Cambridge University Press, 2022; 7th Ed), specifically Chapters 1 and 6-11.

Office hours

See the website of Attila Massimiliano Tanzi