The module introduces students to the practice and theory of international legal dispute resolution, focusing on dispute settlement before courts and tribunals. The former Prosecutor of the Yugoslav Tribunal, Richard Goldstone, resolved that: ‘it seems to me that if you don’t have international tribunals, you might as well not have international law’. Given the proliferation of courts and tribunals applying and enforcing international law, certain scholars have argued we are witnessing the emergence of an ‘international judicial system’ (Martinez).
The module involves three main elements:
1. First, the module examines the structure and work of the International Court of Justice, the principal judicial organ of the United Nations, focusing on jurisdiction/admissibility, contentious cases and advisory opinions.
2. Secondly, the module introduces a variety of other international courts and tribunals, such as the International Criminal Court, domestic and regional courts dealing with international law and human rights, including the European Court of Human Rights and the European Court of Justice, the WTO Dispute Settlement Body and investment treaty arbitral tribunals. Using contemporary and controversial case studies, the module will critically analyze and contrast the institutional design and jurisdiction of these courts and tribunals.
3. Thirdly, throughout the module we explore key theoretical controversies surrounding the adjudication of international law, focusing in particular on (a) how these courts and tribunals relate to one another (hierarchy, specialization and fragmentation); (b) what criteria should be used in assessing the legitimacy and effectiveness of these courts and tribunals; and (c) whether and how these courts and tribunals create international law.
Lecturer: Dr Devika Hovell
Module Code: LL447E