Course title

Public International Law 1

Responsible person
James Gerald DEVANEY、TAKEUCHI Mari
to enter grades
Numbering Code

Day・Period, etc. Other

開講区分

単位数

2nd semester

1.0

Timetable Slot
Code3J393

Lesson topic
International law obliges states to settle their disputes peacefully. It does not however prescribe one particularmechanism of dispute resolution; and it notably does not, as a general rule, require states to settle theirdisputes before international courts and tribunals competent to render binding decisions. Perhaps as a result ofthis, the two main modes of binding dispute resolution —international arbitration and adjudication — havetraditionally remained exceptional. Since the end of the cold war, this traditional perception has been revisited:
new international courts and tribunals have been established in a range of fields (trade, law of the sea, criminal
justice, etc.), and existing institutions and regimes of international arbitration and adjudication have been used
more frequently (International Court of Justice, investment arbitration, etc.). According to some, the present era
can infact be described as an ‘age of international adjudication‘ (Sir Christopher Greenwood). At the same time,
the trend towards more binding dispute resolution seems fragile, as many states seek to curb the power ofinternational criminal courts, human rights courts, and investment tribunals.
Against this background, this course discusses the current role of international courts and tribunals ininternational relations. It does so in three steps: (i) by tracing the evolution of international arbitration andadjudication; (ii) by discussing the role and record of important international courts and tribunals existing
today; and (iii) by reflecting on the benefits and drawbacks of submitting disputes to international courts andtribunals. Because of its focus on disputes and litigation, the course will look at international law “inaction”, thus seeking to disprove the common assertion that international law had little practical relevance. Its
overall aim is to provide participants with a clearer understanding of the working of international courts andLesson target
The course is aimed to introduce to students the current role of international courts and tribunals ininternational relations.

Syllabus and plan
1.The nature and development of international law
2. International courts and tribunals over time: the evolution of binding dispute settlement
3. Binding dispute settlement ‘in action’: the International Court of Justice
4. Binding dispute settlement ‘in action’: the United Nations Convention on the Law of the Sea
5. Case Study 1: The ‘Enrica Lexie’ Dispute
6. Binding dispute settlement ‘in action’: investment arbitration
7. Case Study 2: Ukraine v Russia
8. No longer a weak department of power? A synthesis

Evaluation method
Students are required to write a short essay of no more than 2,000 words, which should be submitted electronicallyto Dr. Devaney and cc to the GMAP Admin Office by the end of 27th November (JST). Around 1 month ahead of thisdate, students will be provided with two essay options from which they should select one. Contact details will be
notified during the course.

Evaluation baseline
Students should be able to explain the proper definition of “international courts and tribunals” and its related
fundamental concepts.

Notice (include info. on related class)
The course does not presuppose any prior knowledge of international courts and tribunals. It is meant to take theform of an interactive seminar in which participants actively participate in discussions.

Review and preparation
In order to facilitate interaction, participants are strongly encouraged to read the texts (and watch the video)
indicated before the start of the course.

Office hour・Contact information
Contact details will be announced during the course.

Message for student

Improvemenets in Teaching

Text
Video: Greenwood, International Law in the Age of Adjudication, audio/video recording available via the UN
Audiovisual Library: https://legal.un.org/avl/ls/Greenwood_CT.html
James Crawford, Brownlie’s Principles of Public International Law (8th edn), 718-743 (2012)
ISBN: 9780199699698
Yuval Shany, No Longer a Weak Department of Power? Reflections on the Emergence of a New International Judiciary,
European Journal of International Law 20 (2009), 73-91, at http://www.ejil.org/pdfs/20/1/1775.pdf
Benedict Kingsbury, International Courts: Uneven Judicialization in Global Order, in Crawford/Koskenniemi, The
Cambridge Companion to International Law, 203-227 (2012), ISBN: 9780521190886

Reference Material
N/AClassroom Language
EnglishKeywords
international law, international conflicts and disputes, conflict resolution, peaceful dispute settlement,International Court of Justice, international arbitration, investment arbitration, jurisdiction, international
courts and tribunals, peace through law