Course title

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

Numbering Code

Day・PeriodOther

開講区分単位数

2nd semester

1.0

Timetable Slot
Code

3J391

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.
Lesson target
The course is aimed to introduce to students the current role of international courts and tribunals ininternational relations. Its overall aim is to provide participants with a clearer understanding of the working ofinternational courts and tribunals, and of the promises and challenges of binding dispute resolution.

Syllabus and plan
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 and Dr. Devaney by 15 January 2022. Around 1 month ahead of this date, students will be provided withtwo 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
Due to the on-going health restrictions, the course will be taught as an intensive online course, combining
synchronous and asynchronous modes of delivery. More specifically, in mid-November 2020, students will be provided
with recordings of 8 short lectures covering essential aspects of the 8 topics listed above. These recordings will
be in the form of voice-over presentations using power point slides. In order to engage with these recorded
lectures, students should have first engaged with the readings listed below (section 10: Materials), which address
many of the issues to be addressed in our course.
Between 14 and 21 December 2021, we will hold 4 ‘live online seminars‘ during which we will discuss key themes
and current challenges. These ‘live seminars‘ are meant to be interactive, and students will be encouraged toapply their knowledge, based on their prior engagement with the reading and the recorded lectures. In order forthese interactive seminars to be beneficial to all, students should have watched all recorded lectures beforehand.
Improvemenets in Teaching
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
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
TextBrownlie’s Principles of Public International Law (8th edn), 718-743 (2012) / James Crawford : ,,ISBN:9780199699698
International Courts: Uneven Judicialization in Global Order, in Crawford/Koskenniemi, 203-227 / Benedict Kingsbury: The Cambridge Companion to International Law ,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