Dr Devika Hovell NAB6.32 and Dr Andrew Lang NAB6.19

This course is available on the MSc in Human Rights, Master of Laws and Master of Laws (extended part-time study). This course is available with permission as an outside option to students on other programmes where regulations permit.

This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.

Some prior knowledge of international law is useful but not essential.

The former Prosecutor of the Yugoslav Tribunal, Richard Goldstone, resolved that: ‘it seems to me that if you don’t have international tribunals, you might as well not have international law’. Indeed, with the proliferation of courts and tribunals applying and enforcing international law, certain scholars have argued we are witnessing the emergence of an ‘international judicial system’ (Martinez). The course introduces students to the practice and theory of international legal dispute resolution before courts and tribunals. Students will be exposed to the practical difficulties of international dispute resolution through contributions from guest speakers and will be provided with the opportunity to hone their advocacy skills through participation in (optional) 'mini-moots' on controversial cases.

The theoretical dimension of the course involves three main elements:

1. First, the course examines the structure and work of the International Court of Justice, the principal judicial organ of the United Nations, focusing on jurisdiction/admissibility, contentious cases and advisory opinions.

2. Secondly, the course introduces a variety of other international courts and tribunals, such as the International Criminal Court, domestic and regional courts dealing with international law and human rights, including the European Court of Human Rights and the European Court of Justice, the WTO Dispute Settlement Body and investment treaty arbitral tribunals.  Using contemporary and controversial case studies, the course will critically analyze and contrast the institutional design and jurisdiction of these courts and tribunals. 

3. Thirdly, throughout the course we explore key theoretical controversies surrounding the adjudication of international law, focusing in particular on (a) how these courts and tribunals relate to one another (hierarchy, specialization and fragmentation); (b) what criteria should be used in assessing the legitimacy and effectiveness of these courts and tribunals; and (c) whether and how these courts and tribunals create international law.

20 hours of lectures in the MT. 2 hours of lectures in the ST.

Students are asked to choose from EITHER an oral moot presentation and written submissions OR one 2,000 word formative essay

Reading lists will be provided for each week’s seminar on Moodle.  Indicative reading includes M Koskenniemi, ‘Faith, Identity, and the Killing of Innocent: International Lawyers and Nuclear Weapons’ 10 Leiden Journal of International Law 137 (1997); Henry Kissinger, ‘The Pitfalls of Universal Jurisdiction’, Foreign Affairs, July 2001; Joost Pauwelyn, “The Role of Public International Law in the WTO: How Far Can We Go?” 95 AJIL 535 (2001).

Exam (100%, duration: 2 hours) in the main exam period.

Availability: added existing 'capping' text.