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| Udgave: |
Jura Kandidatuddannelsen 2011/2012 |
| ECTS points: |
10 ECTS |
| Punkter: |
10 ECTS |
Semester: |
Autumn 2011 |
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvalig: Assistant Professor of Law, Dr Yoshifumi Tanaka |
| Andre undervisere: |
Assistant Professor of Law, Dr Yoshifumi Tanaka |
| Undervisnings- periode: |
Wednesday and Friday 1-3
1. day: Wednesday 7.9.2011 |
| Formål: |
‘Considering that the question of the peaceful settlement of disputes should represent one of the central concerns for States and for the United Nations and that the efforts to strengthen the process of the peaceful settlement of disputes should be continued […].’ As shown in the statement of the UN General Assembly Resolution 37/10 of 15 November 1982, peaceful settlement of international disputes is crucial in the international community. As the use of force is prohibited in international law, it is only logical that any disputes between States should be settled exclusively by peaceful means. Thus the peaceful settlement of international disputes occupies a central place in public international law.
Against that background, this course is designed to introduce students to the various techniques and institutions for peaceful settlement of international disputes between States in public international law. To this end, first, this course will examine diplomatic means of dispute settlement. Second, this course will discuss legal means of dispute settlement. Special emphasis will be on the law and practice of the International Court of Justice. |
| Indhold: |
Indicative syllabus of this course is as follows:
I. Introduction: (i) definition of international disputes, (ii) the range of means of dispute settlement.
II. Diplomatic Methods of Dispute Settlement: (i) negotiation, (ii) mediation, (iii) inquiry, (iv) conciliation, (v) dispute settlement by the United Nations
III. Legal Methods of Dispute Settlement (1)―Arbitration: (i) selections of forms and arbiters, (ii) terms of reference, (iii) basis of decision, (iv) effect of the award.
IV. Legal Methods of Dispute Settlement (2)―International Court of Justice: (i) structure and composition, (ii) the Court’s jurisdiction, (iii) procedure, (iv) preliminary objections, (v) provisional measures, (vi) third States intervention, (vii) non-appearance, (viii) interpretation and revision of judgments, (ix) effect of the decision, (x) enforcement of judgement, (xi) advisory proceedings, (xii) interrelationship between the ICJ and Security Council
V. Special Issues: development of other international courts and tribunals |
| Kompetence- beskrivelse: |
In order to be given the mark 12, the student must be able to:
● Present and explain the theoretical and practical problems of the course subject
● Identify all relevant legal issues
● Identify all relevant treaties, customary law, general principle of law, and international decisions
●Analyse relevant issues within the course subject based on various relevant and professional approaches
● Make a critical weighting of the relevant arguments and make a reasoned choice in relation to theoretical and practical solutions
● Structure the work so that statements, arguments and conclusions flow coherently and logically
●Put into perspective the specific issues of the course subject in a way that shows that she/he has a professional breadth of view in relation to and knowledge about the course subject
● Propose an appropriate synthesis and conclusion with respect to facts, issues, law and solutions
● Conduct a thorough and planned library research
● Demonstrate the ability to do research independently and autonomously
●Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent.
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| Eksamensform: |
The assessment of the course is an essay.
Essay assignment of the number of 23000 characters, including footnotes, which is equivalent to approximately 4500 words in English. The essay topics will be suggested approximately two months before the deadline. The preliminary date of the deadline is to be on 9 December 2011, 12 o’clock noon. |
| Eksamen: |
5.-9. December
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| Kursus hjemmeside: |
 |
| Pensum: |
● J.G. Merrills, International Dispute Settlement, Fifth edition (Cambridge, Cambridge University Press, 2011).
Total required reading is approximately 500 pages.
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| Undervisnings- sprog: |
Kun engelsk
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| Sidst redigeret: |
27/4-2011 |