International Dispute Resolution and International Courts

The course has as its main goal to provide students with a general knowledge on international dispute resolution and international courts (ICs) that will allow them to engage in critical analysis and discussion of issues related to the authoritative power of these institutions and how they operate in practice..
To this end, we will analyze the geopolitical settings of the creation of some of the most important international judicial bodies, their functioning and main features, as well as discuss some of their landmark cases.

The course is thematically divided according to the functional categorizations used by the legal scholarship in this area.

• The global judiciary (ICJ, ITLOS, ICC);
• International economic dispute settlement (Arbitration (Investment and Commercial); WTO DSM);
• Regional economic courts (CJEU and courts of justice of other economic communities);
• Regional human rights courts (ECtHR and IACHT);
• International criminal courts and tribunals (the ICC)

The instructor will provide a comprehensive overview of each of the above mentioned international judicial bodies by analyzing specifically: 1) the historical, social and economical backgrounds to the creation of ICs; 2) the peculiar characteristics of international adjudication in each case; 3) the structure and jurisdiction of various ICs (What issues do specific ICs address? What rules and instruments govern their activities? How are they structured and organized?); 4) Some of their landmark cases and outcomes.

Moreover, during the lectures students will be provided with theoretical tools that allow them to participate in an informed and critical discussion of the most relevant topics related to the emergence of the international judiciary such as:

• The authority, legitimacy and effectiveness of ICs;
• The independence and impartiality of ICs;
• The role of lawyers and of other actors of international law;
• The relationship between the national and international judiciary;
• The emergence of a new world order (globalism, regionalism);
• The relationship between international courts;
• What role international courts plays in creating, sustaining and developing the global order and how this impacts both politics and society;

Through the entire course the students are called to actively participate in the discussion through class participation and individual presentations.

This course is part of iCourts Excellence Programme (iEP) – International Law and Courts in a Global World, see 'Remarks' below.” (under “content”)