Course title

Public International Law 1Teacher(s)Christian TAMS、TAKEUCHI Mari

Numbering Code

Day・Period

Other

開講区分

単位数

2nd semester

1.0

Timetable Slot
Code3J317

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 accept binding
dispute resolution before international courts and tribunals. Perhaps as a result of this, the two main modes ofbinding dispute resolution, international arbitration and adjudication, traditionally 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 regimes ofinternational arbitration and adjudication have been used more frequently (International Court of Justice,investment arbitration, etc.). According to some, the present era can indeed be described as an ‘age ofinternational 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 of international 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 and tribunals.
Because of its focus on disputes and litigation, the course will look at international law “in action”, thus
seeking to disprove the common assertion that international law had little practical relevance.
Lesson target
The course is aimed to introduce to students the current role of international courts and tribunals ininternational relations.
Syllabus and plan
Tentative outline:
1.The peaceful settlement of international disputes
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‘: investment arbitration
5. Binding dispute settlement ‘in action‘: the World Trade Organization
6. Beyond dispute settlement: the functions of international courts and tribunals
7. Too much, too fast? The backlash against international courts and tribunals
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 Prof. Tams by 31 October 2019. Students will be provided with two essay options from which they should selectone. Essay options will be made available in September 2019. Contact details will be notified during the course.
Evaluation baseline
With the method stated above, grades will be determined in accordance with the degrees of achievement of theobjectives.
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 lectures.
Message for student
The course will be taught as an intensive course in eight sessions during

9-12 October 2019.

Power point slides used in class will be circulated to students at the end of the course.
Improvemenets in Teaching
N/A
Text
Video: Greenwood, International Law in the Age of Adjudication, audio/video recording available via the UN
Audiovisual Library
Brownlie’s Principles of Public International Law (8th edn), 718-743 / Crawford : ,2013 ,ISBN:No Longer a Weak Department of Power? Reflections on the Emergence of a New International Judiciary, European
Journal of International Law 20, 73-91 / Shany : ,2009 ,ISBN:International Courts: Uneven Judicialization in Global Order, in Crawford/Koskenniemi, The Cambridge Companion toInternational Law, 203-227 / Kingsbury : ,2012 ,ISBN:
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