seminar on international courts

syllabus

course description

This seminar is an introduction to the practice of international courts and arbitral tribunals and their rôle in the development of international law. During the semester we will use lectures, case-studies, and class exercises as teaching methods to outline the evolution and structure of international tribunals, to examine the development of international legal principles by international tribunals using "sources" methodology, and to discuss issues concerning the effectiveness and future rôle of international courts in the development of international law.

course goals

The goals of the seminar are to:

  1. Introduce students to the historical evolution, structure, and function of international tribunals within the international legal system.
  2. Reinforce students' conceptual understanding of the sources of international law and their inter-relationships.
  3. Examine selected international legal issues and modes of legal argumentation using class exercises simulating international judicial dispute resolution.
  4. Outline issues concerning the effectiveness of international tribunals as dispute resolution mechanisms and their future.

course mechanics

Until November tenth-ish, John's office is in Room 115 (inside the Law Library). After November 10, his office will move to the Tenley Campus, but he will still occasionally be in his old office for the remainder of the semester. More on this as it develops. His office hours are Monday through Friday, 10:00 a.m. to 5:00 p.m. John will also be available for a short time after class, and by special appointment. John's office telephone is 202-274-4329, and his home telephone is 301-445-7488. He has a family, some of whom are supposed go to bed early, so please be considerate. His email address is: heywood@american.edu

Chris works downtown for the Institute of Electrical and Electronics Engineers (2001 L Street, N.W., Suite 700) He will be available after class, and you can telephone to make arrangements to meet with him in his office. Chris's office telephone is 202-530-8349, and his home telephone is 301-439-7729. His email address is: chrisbrantley@me.com

The course website is:

Some of the course content will also be on myWCL.

We have adopted three textbooks for the Seminar. The required reading for this class will come from these books and also from materials on our website. In addition, we will post additional materials, reference sources, and other useful items of interest to the class. We have also listed four books as recommended reading. Please do not feel that you must buy the recommended reading. They are all available in our library.

The required textbooks are:

  • Cesare Romano, Karen J. Alter, & Yuval Shany, eds. The Oxford Handbook of International Adjudication. Oxford: Oxford University Press, 2014. Available ($96.86 to $178.78 paper/$136.49 Kindle from Amazon.com and $181.48 paper/$176.49 Nook from Barnes & Noble, last time I checked). It is also available on Reserve in the Law Library (KZ 6250.O946 2014).

  • Yuval Shany. The Competing Jurisdictions of International Courts and Tribunals. Oxford: Oxford University Press, 2004. Now while you could go and buy this in paperback ($29.15 from Amazon.com and $67.49 from Barnes & Noble, last time I checked), it is available to you as an online book for free (the law library has a subscription to Oxford Scholarship Online, of which this book is a part). Free is good, although some folks still prefer to read from paper. It's up to you.

The recommended textbooks are:

  • Mark W. Janis. International Law, 6th ed. New York: Aspen Law & Business, 2012. We recommend this book for anyone who feels their background in international law is not what it should be. It is a good review of the basics of international law. It is available on Reserve in the Law Library (KZ 3140.J36 A35 2012), or you can buy it online at Amazon and Barnes & Noble.
  • J.G. Merrills. International Dispute Settlement, 5th ed. New York: Cambridge University Press, 2011.This book is a great overview of all the different international dispute resolution mechanisms. It is available on Reserve in the Law Library (JZ 6010 .M47 2011), or you can buy it online at Amazon and Barnes & Noble.
  • William A. Schabas. An Introduction to the International Criminal Court, 4th ed. New York: Cambridge University Press, 2011. This is a great book for delving into the International Criminal Court in more depth than other readings. It is available on Reserve in the Law Library (KZ 6310 .S33 2011), or you can buy it online at Amazon and Barnes & Noble.
  • Eugene Volokh. Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review, 4th ed. New York: Foundation Press, 2010. If you are unsure of how to write an advanced seminar paper, this book gives invaluable tips. We highly recommend it. It is available on Reserve in the Law Library (KF 250 .V65 2010), or you can buy it online at Amazon and Barnes & Noble.

  • Chester Brown. A Common Law of International Adjudication. Oxford: Oxford University Press, 2007. Now you could go and buy this in paperback ($58.41 from Amazon.com and $67.49 from Barnes & Noble, last time I checked), it is available to you as an online book for free (the law library has a subscription to Oxford Scholarship Online, of which this book is a part). Free is good, although some folks still prefer to read from paper. It's up to you.

  • Yuval Shany. Assessing the Effectiveness of International Courts. Oxford: Oxford University Press, 2014. Available ($108.59 paper/$77.99 Kindle from Amazon.com and $113.76 paper/$100.99 Nook from Barnes & Noble, last time I checked). It is also available on Reserve in the Law Library (KZ 6250 .S538 2014).

Remember, the web can often get you better prices than the bookstore, so it pays to check around. The additional materials are available only on the website, and are thus free-of-charge. For copyright reasons, you have to be logged in as a registered user to have access to some of the materials on this website. We will get you registered in class.

You are required to check your email regularly for this class. We will pose discussion questions, post important announcements (which will also be posted on the website), and answer your questions related to the course or any of its topics. Participation online will count toward your class participation grade.

course requirements

Scholarly Paper (75%): (30+ pages, exclusive of notes, double-spaced with one inch margins) based on a topic relating to the role of an international tribunal(s) in the development of international law. The paper will satisfy the W.C.L. Upper Level Writing Requirement. The scholarly paper is made up of 6 parts:

  • a written topic proposal must be presented for approval by 8 September 2015
  • a research plan is due in class on 22 September 2015
  • a 3-5 page thesis essay is due in class on 6 October 2015
  • an outline is due in class on 20 October 2015
  • a rough draft is due in class on 3 November 2015
  • a final paper is due electronically by 19 December 2015

To meet the new ABA requirements for more formative assessments in law school (ABA Standards 314 & 315), we have broken up the scholarly paper grade into component parts. The final version of the paper will be graded and worth 50% of the total seminar grade. The thesis essay is worth 15% of the total seminar grade. The research plan is worth 10% of the total seminar grade. The topic proposal, outline, & rough draft are not assigned grades, but not turning them in will adversely affect your grade. We will lower your final paper grade by a partial letter grade for any of these requirements for which we feel you have not made a good-faith effort.

The thesis essay & rough draft will be exchanged with a fellow student for peer evaluation and suggestions.

The thesis essay is a short (3 to 5 pages) argumentative essay stating your paper's thesis, making arguments in support of that thesis, and countering arguments against the thesis. It will help you in organizing your thoughts and writing your final paper.

For the final paper, you must submit one electronic copy (no paper copies!) to the Seminar's myWCL dropbox. The final paper is due on 19 December 2015. Any paper that receives the grade of A or A- will be placed on the International Courts website permanently (not password protected), unless you request otherwise.

The paper must be submitted in an acceptable electronic format, such as PDF, OpenDocument (LibreOffice & OpenOffice are two word processors that save in this format), Microsoft Word, or WordPerfect. Please do not submit it in an image format (jpg, tiff, etc.), as we cannot make comments on them. If you have any questions about the appropriateness of your format choice, please ask us.

Class Presentation (15%): This part of your grade is all about how you communicate your research with the rest of the seminar class. It includes an informal short topic presentation to the class early in the semester and a major class presentation on your research at the end of the semester. The grade will be based on the following factors: preparation, organization, grasp of topic, effective use of time, and responsiveness to questions.

Class Participation (10%): evaluation of attendance, preparation for and participation in assigned discussions, preparation for and participation in seminar discussions in class, and participation in online discussions (if any). Students will also occasionally (see course outline below for dates) be assigned topics to briefly research for the in-class exercises (you will get notice at least one week in advance on what topic you have been assigned and how thorough we expect you to be).

attendance

All students are expected to attend and participate in classes. More than three unexcused absences will result in entry of a failing grade for the course.

late papers & plagiarism

late papers

Papers are due in the Seminar myWCL dropbox no later than 5:00 p.m. on Saturday, 19 December 2015. If you are graduating this December, you MUST get your paper in by this date in order to graduate (and earlier would be even better). We need time to read and evaluate your work before assigning a grade. If you miss this deadline, we may not be able to turn your grade in to the Registrar in time for you to graduate.

Papers turned in after this date and time without a previously approved extension will be penalized one parital letter grade for every day after the due date. A partial letter grade is the step between any of the following grades: A, A-, B+, B, B-, C+, C, D, F. The day ends at 5:00 p.m.

Example: A paper is turned in at 5:45 p.m. on Monday, 21 December 2015, without a pre-approved extension. If the paper had been turned in on time, it would have received a B+. The paper was effectively handed in on Tuesday, 22 December 2015, and is thus 3 days late. It receives the grade of C+.

Short extensions for worthy causes, such as computer failure, family emergency, my dog ate my disk/paper, etc., will be granted with no penalty if you apply for it before the time the paper is due. (i.e., If you are printing out your paper 10 minutes before 5:00 p.m. on the 19th of December and your computer dies, call us immediately.) These extensions will be very short in duration; no more than a day or two.

plagiarism & related problems

Everyone knows that plagiarism is wrong, but not everyone is clear exactly what plagiarism is. It is more than just copying the work of another without attribution. For your edification and delight, we have listed the various forms of plagiarism in descending order of gravity, from classic absolute plagiarism to that closer to the grey area between plagiarism and sloppy scholarship. All of them should be avoided. We are especially concerned with categories one through four on the list. Non-de minimus plagiarism in those categories will be punished: It will result in zero points for the paper, and thus an F for the course. The case will also be turned over to the Office of Student Affairs for prosecution under the W.C.L. Honor Code.

course outline

International Courts is a very dynamic field these days; as a result, we reserve the right to change the readings and the topics covered as the seminar progresses. To give everyone a fair chance to do the reading, we will freeze the assignments for a particular class one week before that class.

You are not expected to read the optional recommended readings listed with each class. They are there in case you want to delve more deeply into one of the topics.

Please note that the readings may change from what is listed in the syllabus at any time up to one week before the indicated class.

class 1 - introduction to the seminar (25 August 2015)

discussion topics:

  1. Administrative matters
  2. Is international law really law?
  3. Introduction to our course themes
  4. Overview of peaceful means of dispute resolution
  5. Current events

reading assignment:

  1. None

recommended readings (optional):

For those who do not have a background in international law, or who wish to refresh their knowledge:

  1. Janis, Chapter 1: The Nature of International Law (8 pages)
  2. Janis, Chapter 2: Treaties (33 pages)
  3. Janis, Chapter 3: Custom and Other Sources of International Law (44 pages)

class 2 - analyzing & evaluating international courts (1 September 2015)

discussion topics:

  1. A rubric for the analysis of international courts & tribunals
  2. The history of international dispute resolution & its implications
  3. Sources of international law
    • Rôle of the International Law Commission
    • The "progressive" development of international law
    • The evolution of modern "instant" customary law
    • Incident theory

seminar work

  • Topic selection help
  • Tools of research

reading assignment (138 pages):

  1. A rubric for analyzing international courts & tribunals. (3 pages)
  2. Statute of the International Court of Justice (art. 38). (1 page)
  3. The Oxford Handbook of International Adjudication, Chapter 3: The History of International Adjudication. (24 pages)
  4. The Oxford Handbook of International Adjudication, Chapter 4: The Multiplication of International Courts & Tribunals after the End of the Cold War. (28 pages)
  5. The Oxford Handbook of International Adjudication, Chapter 5:The Shadow Zones on International Judicialization. (32 pages)
  6. The Oxford Handbook of International Adjudication, Chapter 6:Trial & Error in International Judicialization. (25 pages)
  7. The Oxford Handbook of International Adjudication, Chapter 7: The Challenge of "Proliferation": An Anatomy of the Debate. (24 pages)

recommended readings (optional):

  1. Yuval Shany, Assessing the Effectiveness of International Courts: A Goal-Based Approach, 106 Am. J. Int'l L. 225-270 (2012).
  2. Chapter 3: Jurisdictional Competition in View of the Systematic Nature of International Courts and Tribunals, in Yuval Shany, The Competing Jurisdictions of International Courts and Tribunals 77-127 (2003).
  3. Chapter 1: A Goal-Based Approach to Effectiveness Analysis, in Yuval Shany, Assessing the Effectiveness of International Courts 13-30 (2014)
  4. Chapter 2: The Goals of International Courts, in Yuval Shany, Assessing the Effectiveness of International Courts 31-48 (2014)
  5. Chapter 3: Measuring Goal Attainment, in Yuval Shany, Assessing the Effectiveness of International Courts 49-62 (2014)
  6. Petersmann, Constitutionalism and International Adjudication: How to Constitutionalize the U.N. Dispute Settlement System? 31 N.Y.U. J. Int'l L. & Pol. 753 (1998-99).
  7. Raustiala, Refining the Limits of International Law, 34 Ga. J. Int'l & Comp. L. 423 (2006).

class 3 - legitimacy, judicial power, compliance, & admissibility (8 September 2015)

discussion topics:

  1. What is the "judicial power"?
  2. What does "legitimacy" mean for an international court?
  3. How does a court's use of admissibility affect its legitimacy?
  4. How does compliance relate to legitimacy?

seminar work

  • Topic proposal discussion (topic proposals are due in class)

reading assignment (123 pages):

  1. The Oxford Handbook of International Adjudication, Chapter 8: What are International Judges For? The Main Functions of International Adjudication. (21 pages)
  2. The Oxford Handbook of International Adjudication, Chapter 20: Compliance with Judgments & Decisions. (28 pages)
  3. The Oxford Handbook of International Adjudication, Chapter 21: The Effectiveness of International Adjudication (20 pages)
  4. The Oxford Handbook of International Adjudication, Chapter 26: Who Litigates & Why? (26 pages)
  5. The Oxford Handbook of International Adjudication, Chapter 36: Jurisdiction & Admissibility. (28 pages)

recommended readings (optional):

  1. Michael W. McConnell, The Story of Marbury v. Madison: Making Defeat Look Like Victory," in Constitutional Law Stories, 2d 13-31 (Michael C. Dorf ed. 2009).[link is to this source on West Academic]
  2. Shai Dothan, How International Courts Enhance Their Legitimacy, 14 Theoretical Inq. L. 455-478 (2013).
  3. Cameron A. Miles, Corruption, Jurisdiction and Admissibility in International Investment Claims, 3 J. Int'l Disp. Settlement 329-370 (2012). [link uses the AU proxy server instead of the WCL proxy server]
  4. Clifford James Carrubba & Matthew Joseph Gabel, Courts, Compliance, and the Quest for Legitimacy in International Law, 14 Theoretical Inq. L. 505-541 (2013). [you don't need to read the appendix which starts on page 535)
  5. Chapter 4: Jurisdictional Powers and Issues of Admissibility, in Yuval Shany, Assessing the Effectiveness of International Courts 67-96 (2014)
  6. Chapter 5: Judicial Independence and Impartiality, in Yuval Shany, Assessing the Effectiveness of International Courts 97-116 (2014)
  7. Chapter 6: Judgment-Compliance, in Yuval Shany, Assessing the Effectiveness of International Courts 117-136 (2014)
  8. Chapter 7: Legitimacy, in Yuval Shany, Assessing the Effectiveness of International Courts 137-158 (2014)
  9. Nienke Grossman, Legitimacy and International Adjudicative Bodies, 41 Geo. Wash. Int'l L. Rev. 107-160 (2009).
  10. Eric A. Posner & John C. Yoo, Judicial Independence in International Tribunals, 93 Cal. L. Rev. 1 (2005).
  11. Laurence R. Helfer & Anne-Marie Slaughter, Why States Create International Tribunals: A Response to Professors Posner and Yoo, 93 Cal. L. Rev. 899 (2005).
  12. Eric A. Posner & John C. Yoo, Reply to Helfer and Slaughter, 93 Cal. L. Rev. 957 (2005).
  13. Andreas Follesdal, The Legitimacy Deficits of the Human Rights Judiciary: Elements and Implications of a Normative Theory, 14 Theoretical Inq. L. 339 (2013).
  14. Armin von Bogdandy, The Democratic Legitimacy of International Courts: A Conceptual Framework, 14 Theoretical Inq. L. 361 (2013).
  15. Ingo Venzke, Understanding the Authority of International Courts and Tribunals: On Delegation and Discursive Construction, 14 Theoretical Inq. L. 381 (2013).
  16. Erik Voeten, Public Opinion and the Legitimacy of International Courts, 14 Theoretical Inq. L. 411 (2013).
  17. Yonatan Lupu, International Judicial Legitimacy: Lessons from National Courts, 14 Theoretical Inq. L. 437 (2013).
  18. Laurence R. Helfer & Karen J. Alter, Legitimacy and Lawmaking: A Tale of Three International Courts, 14 Theoretical Inq. L. 479 (2013).
  19. Bruce Ackerman, The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy (2005)

class 4 - powers & sources of law of international courts (15 September 2015)

discussion topics:

  1. Sources of law for international courts
  2. Inherent powers of international courts
  3. Separation of powers: ICJ v. SC
  4. Problems of non-state actors and rogue states
  5. The law of nations or international law?
  6. Politics and adjudication

seminar work

  • What is a research plan & how do I make one?
  • How to research foreign & international law

reading assignment (112 pages):

  1. United Nations Charter (Art. 7, 36, 92 - 96). (1 page)
  2. Statute of the International Court of Justice (Art. 2 - 38). (5 pages)
  3. Franck, The Power of Legitimacy and the Legitimacy of Power: International Law in an Age of Power Disequilibrium, 100 Am. J. Int'l L. 88-106 (2006). (19 pages)
  4. The Oxford Handbook of International Adjudication, Chapter 22: Political Constraints on International Courts. (21 pages)
  5. The Oxford Handbook of International Adjudication, Chapter 27: The Financing of International Adjudication. (22 pages)
  6. The Oxford Handbook of International Adjudication, Chapter 37: Third Parties. (23 pages)
  7. The Oxford Handbook of International Adjudication, Chapter 38: Inherent Powers in International Adjudication. (21 pages)

recommended readings (optional):

  1. Chapter 2: Methods Used by International Courts and Tribunals to Engage in Cross-Fertilization, in Chester Brown, A Common Law of International Adjudication 35-82 (2007)
  2. David J. Bederman, Chapter 10: The Reparation for Injuries Case: The Law of Nations is Transformed into International Law," in International Law Stories 307-337 (John E. Noyes, Laura A. Dickinson, & Mark W. Janis eds. 2007).[link is to this source on West Academic]
  3. Mary Ellen O'Connell, Chapter 11: The Nicaragua Case: Preserving World Peace and the World Court," in International Law Stories 339-370 (John E. Noyes, Laura A. Dickinson, & Mark W. Janis eds. 2007).[link is to this source on West Academic]
  4. Merrills, Chapter 6: The International Court I: organisation and procedure
  5. Merrills, Chapter 7: The International Court II: the work of the Court
  6. Leo Gross, The Peace of Westphalia, 1648-1948, 42 Am. J. Int'l L. 20-41 (1948).(22 pages)

class 5 - inter-state dispute resolution & arbitration (22 September 2015)

discussion topics:

  1. Contentious jurisdiction: compromis, compromissory clause, or compulsory
  2. Advisory jurisdiction
  3. Equitable jurisdiction
  4. Procedure
  5. Evidence
  6. Injunctive relief
  7. Appeal & reconsideration of judgments

seminar work

reading assignment (128 pages):

  1. The Oxford Handbook of International Adjudication, Chapter 9: International Judicial Bodies for Resolving Disputes Between States. (25 pages)
  2. The Oxford Handbook of International Adjudication, Chapter 33: The Role of Registries and Legal Secretariats in International Judicial Institutions. (23 pages)
  3. The Oxford Handbook of International Adjudication, Chapter 34: The Selection of International Judges. (21 pages)
  4. The Oxford Handbook of International Adjudication, Chapter 39: Evidence, Fact-Finding, & Experts. (24 pages)
  5. The Oxford Handbook of International Adjudication, Chapter 40: Remedies. (27 pages)
  6. Chapter 1: What Constitutes Competing Proceedings?, in Yuval Shany, The Competing Jurisdictions of International Courts and Tribunals 21-28 (2003). (8 pages)

recommended readings (optional):

  1. Janis, Chapter 5: The International Court
  2. Chapter 3: Aspects of Evidence in International Adjudication, in Chester Brown, A Common Law of International Adjudication 83-118 (2007)
  3. Chapter 4: Power of International Courts to Grant Provisional Measures, in Chester Brown, A Common Law of International Adjudication 119-151 (2007)
  4. Chapter 5: Power of International Courts to Interpret and Revise Judgments and Awards, in Chester Brown, A Common Law of International Adjudication 152-184 (2007)
  5. Chapter 6: Remedies in International Adjudication, in Chester Brown, A Common Law of International Adjudication 185-224 (2007)

class 6 - case study: the law of the sea & dispute resolution (29 September 2015)

discussion topics:

  1. History of the law of the sea
  2. Maritime boundary delimitation
  3. Maritime boundary delimitation and the ICJ
  4. International Tribunal for the Law of the Sea (ITLOS)

seminar work

  • In-class exercise: Boundary delimitation in the South China Sea
  • Writing the seminar paper: How to do it & what we expect

reading assignment (143 pages):

  1. North Sea Continental Shelf Case (W.Ger. v. Den./W.Ger. v. Neth.) (Merits) (1969):
  2. AGORA: The South China Sea, 107 Am. J. Int'l L. 95-163 (2013):
  3. Patibandla Chandrasekhara Rao, International Tribunal for the Law of the Sea, in Rüdiger Wolfrum, The Max Planck Encyclopedia of Public International Law (2013) (12 pages)
  4. Ruth Mackenzie, International Courts and Tribunals, Chambers, in Rüdiger Wolfrum, The Max Planck Encyclopedia of Public International Law (2013) (10 pages)

class 7 - regional economic & political integration courts (6 October 2015)

discussion topics:

  1. The state vs. the individual: regional courts and the rise of the individual
  2. The concept of regional/local norms
  3. Conflict between general and regional systems
  4. ECJ as archetype
  5. The civil law/common law division & what it means for international law

seminar work

  • Thesis essays are due in class.

reading assignment (100 pages):

  1. The Oxford Handbook of International Adjudication, Chapter 12: Courts of Regional Economic & Political Integration Agreements. (29 pages)
  2. Michal Bobek, The Court of Justice of the European Union, in The Oxford Handbook of European Union Law (A. Arnull & D. Chalmers eds. forthcoming 2014). [link is to SSRN research paper version of forthcoming chapter; click on the "Download This Paper" button for the pdf] (19 pages)
  3. Schulz, The political foundations of decision making by the European Court of Justice, 99 Proc. Am. Soc'y Int'l L. 132-135 (2005). (3 pages)
  4. The Oxford Handbook of International Adjudication, Chapter 23: The Spell of Precedents: Lawmaking by International Courts & Tribunals. (21 pages)
  5. The Oxford Handbook of International Adjudication, Chapter 24: Conversations among Courts: Domestic & International Adjudicators. (28 pages)

recommended readings (optional):

  1. Chapter 1: What Constitutes Competing Proceedings?, in Yuval Shany, The Competing Jurisdictions of International Courts and Tribunals 21-28 (2003).
  2. Kay Hailbronner & Monika Pohlmann, Haya de la Torre Cases, in Rüdiger Wolfrum, The Max Planck Encyclopedia of Public International Law (2013) [the 3 "Asylum Cases"]
  3. Maurice Mendelson, Right of Passage over Indian Territory Case, in Rüdiger Wolfrum, The Max Planck Encyclopedia of Public International Law (2013)
  4. Chapter 12: The Court of Justice of the European Union (with Thorbjörn Björnsson), in Yuval Shany, Assessing the Effectiveness of International Courts 277-306 (2014)

class 8 - the individual against the state: international claims & arbitration (13 October 2015)

discussion topics:

  1. Competition between arbitration and adjudication
  2. Investment disputes and North/South issues
  3. Claims commissions
  4. Sovereignty and transnational corporations
  5. Free Trade Agreements & WTO dispute resolution
  6. Labor law for the International Civil Service

seminar work

  • status of research & writing

reading assignment (120 pages):

  1. The Oxford Handbook of International Adjudication, Chapter 13: International Claims & Compensation Bodies. (18 pages)
  2. The Oxford Handbook of International Adjudication, Chapter 14: Investment Arbitration. (22 pages)
  3. The Oxford Handbook of International Adjudication, Chapter 15: International Administrative Tribunals. (20 pages)
  4. Gary Born, A New Generation of International Adjudication, 61 Duke L.J. 775, 819-878 (2012). This is a very long article that repeats some of what you have already read, so just read pages 819 to 878. (60 pages)

recommended readings (optional):

  1. Merrills, Chapter 5: Arbitration
  2. Merrills, Chapter 9: International Trade Disputes
  3. Janis, Chapter 9: International Law & the International Economy
  4. Gary Born, A New Generation of International Adjudication, 61 Duke L.J. 775-818 (2012) This is the first part of the article above in the required reading assignment.

class 9 - international human rights courts (20 October 2015)

discussion topics:

  1. Differences between regional general and regional specialized courts
  2. Competition between regional human rights courts and more universal adjudicatory bodies
  3. Human rights courts and domestic politics: European, American, & African experiences
  4. Human rights and the evolution of international law

seminar work

  • outlines are due in class

reading assignment (105 pages):

  1. The Oxford Handbook of International Adjudication, Chapter 11: International Human Rights Courts. (26 pages)
  2. Chapter 2: Delineation of Jurisdictional Overlaps: Theory and Practice, in Yuval Shany, The Competing Jurisdictions of International Courts and Tribunals 29-74 (2003). (46 pages)
  3. David Seymour & Jennifer Tooze, Chapter 4: The Soering Case: The Long Reach of the European Convention on Human Rights," in International Law Stories 115-147 (John E. Noyes, Laura A. Dickinson, & Mark W. Janis eds. 2007).[link is to this source on West Academic] (33 pages)

recommended readings (optional):

  1. Udombana, An African human rights court and an African union court: a needful duality or a needless duplication? 28 Brooklyn J. Int'l L. 811-870 (2003).
  2. Claudio Grossman, Chapter 3: The Velásquez Rodríguez Case: The Development of the Inter-American Human Rights System," in International Law Stories 77-113 (John E. Noyes, Laura A. Dickinson, & Mark W. Janis eds. 2007).[link is to this source on West Academic]
  3. Rieder, Protecting human rights within the European Union: who is better qualified to do the job - the European Court of Justice or the European Court of Human Rights, 20 Tul. Eur. & Civ. L.F. 73-107 (2005).
  4. Chapter 5: Competition-Regulating Norms found in Instruments Governing the Jurisdiction of International Courts and Tribunals, in Yuval Shany, The Competing Jurisdictions of International Courts and Tribunals 179-228 (2003).

class 10 - international criminal courts, part 1 (27 October 2015)

discussion topics:

  1. History of international criminal adjudication
  2. Jurisdiction: the powers of government & the powers of courts
  3. Admissibility
  4. Complementarity
  5. Impunity: leaders of powerful states vs. leaders of non-powerful states
  6. Are the international criminal courts only for the developing world?
  7. Conflict between the goals of justice and growth/development of international adjudication
  8. Issues with the crime of aggression
  9. Part of this class will be spent looking at how the various international & hybrid criminal courts (ICC, UNMICT, ICTY, ICTR, SCSL, STL, ECCC, SPSC-ET, IMT, & IMTFE) deal with the rights of the accused to a fair trial. Before class, students will read the Lawyer's Committee report then research & study an assigned court to see how it handles these rights. In class, we will discuss each right and how the various courts do (or do not) support it.
    • Pre-trial rights
    • The Hearing
    • Post-trial rights

seminar work

  • In-Class Exercise: What is a fair trial? (see above)

reading assignment (150 pages):

  1. John's Notes on Jurisdiction [For copyright reasons, this is only available to seminar students on the materials page. You must be logged in to see the link to this chapter on that page.] (12 pages)
  2. The Oxford Handbook of International Adjudication, Chapter 10: International Criminal Courts. (21 pages)
  3. Phillip Wandle, The Survival of Head of State Immunity at the International Criminal Court, 18 Austl. Int'l L.J. 181-205 (2011). (25 pages)
  4. Lawyers Committee for Human Rights, What is a fair trial? A basic guide to legal standards and practice (Vanessa Lesnie, ed., rev. ed. 2000). (31 pages)
  5. Lawyers Committee for Human Rights, What is a fair trial? A checklist (2013) (1 page)
  6. Linda E. Carter, The Future of the International Criminal Court: Complementarity as a Strength or a Weakness?, 12 Wash. U. Glob. Stud. L. Rev. 451-473 (2013). (24 pages)
  7. Donald M. Ferencz, Aggression in Legal Limbo: A Gap in the Law That Needs Closing, 12 Wash. U. Glob. Stud. L. Rev. 507-522 (2013). (16 pages)
  8. Noah Weisbrod, The Mens Rea of the Crime of Aggression, 12 Wash. U. Glob. Stud. L. Rev. 487-506 (2013). (20 pages)

recommended readings (optional):

  1. Theodor Meron & Jean Galbraith, Chapter 1: Nuremberg and Its Legacy," in International Law Stories 13-43 (John E. Noyes, Laura A. Dickinson, & Mark W. Janis eds. 2007). [link is to this source on West Academic]
  2. Hans-Peter Kaul, The Nuremberg Legacy and the International Criminal Court–Lecture in Honor of Whitney R. Harris, Former Nuremberg Prosecutor, 12 Wash. U. Glob. Stud. L. Rev. 637-652 (2013). [The late Judge Kaul was a judge on the ICC from its founding until his untimely death in 2014. Before that, he headed the German delegation to negotiations for the ICC Statute.]
  3. Richard Dicker, The ICC at 10, 12 Wash. U. Glob. Stud. L. Rev. 539-544 (2013).
  4. Manuel J. Ventura & Matthew Gillett, The Fog of War: Prosecuting Illegal Uses of Force as Crimes Against Humanity, 12 Wash. U. Glob. Stud. L. Rev. 523-538 (2013).

class 11 - international criminal courts, part 2 (3 November 2015)

discussion topics:

  1. Principles of international criminal law (crimes covered & sources of law)
  2. Substantive International Criminal Law (criminal responsibility & defenses)
  3. Prosecuting those "responsible"
  4. The problem of conspiracy in a merged common/civil law system
  5. Issues of legal persons: should corporations be internationally criminally liable?
  6. Judicial ethics in international tribunals

seminar work

  • Case study on the failed MH-17 tribunal
  • rough drafts are due in class

reading assignment (139 pages):

  1. John's Notes on General Principles of Criminal Law [For copyright reasons, this is only available to seminar students on the materials page. You must be logged in to see the link to this chapter on that page.] (19 pages)
  2. United Nations Security Council documents on the proposed MH-17 tribunal resolution (July 2015). (read the highlighted sections, about 29 pages)
  3. Tahlia Petrosian, Secondary Forms of Genocide and Command Responsibility under the Statutes of the ICTY, ICTR and ICC, 17 Austl. Int'l L.J. 29-52 (2010). (24 pages)
  4. The Oxford Handbook of International Adjudication, Chapter 31: The Role of the International Prosecutor. (23 pages)
  5. The Oxford Handbook of International Adjudication, Chapter 32: Defense Counsel in International Criminal Trials. (21 pages)
  6. The Oxford Handbook of International Adjudication, Chapter 35: International Judicial Ethics. (23 pages)

recommended readings (optional):

  1. Allen S. Weiner, Prudent Politics: The International Criminal Court, International Relations, and Prosecutorial Independence, 12 Wash. U. Glob. Stud. L. Rev. 545-562 (2013).
  2. Jonathan A. Bush, Essay, The Prehistory of Corporations and Conspiracy in International Criminal Law: What Nuremberg Really Said, 109 Colum. L. Rev. 1094-1262 (2009).
  3. Alexandra Link, Student Note, Trying Terrorism: Joint Criminal Enterprise, Material Support, and the Paradox of International Criminal Law, 34 Mich. J. Int'l L. 439-490.

class 12 - technology & international dispute resolution (10 November 2015)

discussion topics:

  1. International law and dispute resolution in the increasingly linked world
  2. Bitcoin, drones, wikileaks, and more

seminar work

  • in-class discussion of various international law and technology topics: for this class, your assignment is to (1) watch the video below, and (2) find an newspaper, blog, website, magazine, journal, etc., article on a topic that involves international law and technology (you do not have to do any research other than finding the topic & article).
  • discussion of rough drafts

reading assignment:

  1. James Bamford & Chris Schmidt, Nova: CyberWar Threat, a Nova documentary broadcast on PBS on 14 October 2015. (53 minutes)

recommended readings (optional):

class 13 - in-class presentations (17 November 2015)

seminar work

  • in-class presentations

reading assignment:

  1. Each student will be assigned to read another student's rough draft before that student presents their research to the class. They will be expected to ask questions during the presentation and to comment upon the rough draft.

class 14 - in-class presentations (24 November 2015)

seminar work

  • in-class presentations

reading assignment:

  1. Each student will be assigned to read another student's rough draft before that student presents their research to the class. They will be expected to ask questions during the presentation and to comment upon the rough draft.

an easier to print version of this syllabus