International Courts and Tribunals

2 units

Enrollment limit: 16. This 2 unit course focuses upon the practice and procedure before international courts and tribunals that emphasize international civil dispute resolution. The primary focus will be on the International Court of Justice (ICJ). Students will examine the ICJ's history, organization, competence and role as a permanent international institution and mechanism for the pacific settlement of disputes between States. With respect to the practice component of the course, students will be exposed to the rules of procedure and style of practice before the ICJ through the use of a hypothetical contentious case between two States. Students will learn how a case is brought before the ICJ and how various procedural and preliminary matters such as jurisdiction, standing and admissibility are addressed before the Court. Particular attention will be paid to the jurisprudence of the ICJ with respect to such issues. Students will also learn how to make substantive legal arguments on the merits before the ICJ. In doing so, students will gain exposure to substantive international law in the form of international human rights law represented by various human rights instruments and customary international law. Students will gain experience in researching and using various international legal materials and sources necessary for making oral and written submissions before the ICJ. Students will also gain practical experience in drafting written memorials and pleadings for submission to the ICJ, as well as making oral arguments based on such written submissions. Although not required, it would be helpful to have taken or be taking International Law. (Students who are selected for the international moot court team (Jessup) are required to take this course; therefore, students planning to try-out should register for this class. Waitlisted students will be added if they make the team - so they are encouraged to attend classes.) During the course of the semester, students will draft one short and one longer writing assignment. The short assignment will be approximately 2-4 pages in length in the form of preliminary objections and/or responses to the ICJ each arguing a single, discrete procedural and/or jurisdictional issue arising out of the hypothetical contentious case. Students will also prepare and deliver a brief oral argument (approximately 10 minutes in length) based on that writing assignments. At the end of the semester, each student will prepare a final substantive writing assignment (approximately 8-10 pages in length) consisting of a memorial to the ICJ on the merits of the hypothetical case and present a final oral argument (approximately 15 minutes in length) based on the written memorial. Students will work individually and rotate roles as applicant and respondent for their written and oral assignments. This course will not be graded anonymously because of the nature of the work. International Law is helpful, but not required. 2 units.