International Law in Action: A Guide to the International Courts and Tribunals in The Hague

Start Date: 07/05/2020

Course Type: Common Course

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About Course

International Law in Action explains the functions of each international court and tribunal present in The Hague, and it looks at how these institutions address contemporary problems. On the basis of selected cases, and through interviews with judges and lawyers, you will explore the role of these courts and tribunals and their potential to contribute to global justice. The first module of the course will investigate how judicial settlement is different from other more political forms of dispute settlement, such as negotiation and mediation. It offers a brief historical overview and introduces the judicial and arbitral bodies based in The Hague. In the remaining modules you will learn about the functions of these courts and tribunals, and some of the challenges and prospects that they face. Three cross-cutting themes tie together all of these modules: (i) The interaction between law and politics; (ii) The continuing role of State consent; and (iii) The ability of international courts and tribunals to protect the public interest and global values. This course offers you an opportunity to gain a better insight into the functions and features of the courts and tribunals present in The Hague. You will gain a familiarity with each court or tribunal. You will develop realistic expectations of their capacity to address contemporary problems and an awareness of their limitations. You will also be able to discuss some of their most prominent cases. If you would like to have a better understanding of international law in action in The Hague, this is definitely the course for you! This course is free to join and to participate in. There is the possibility to get a verified certificate for the course, which is a paid option. If you want a certificate, but are unable to pay for it, you can request financial aid via Coursera

Course Syllabus

Welcome to this first week in which we will enter the world of the international judiciary with you. We will discuss the evolution of international dispute settlement in our international legal order. The leading question is: why did people start thinking about creating international courts? We will also introduce the community of international courts present in The Hague today.

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Course Introduction

International Law in Action: A Guide to the International Courts and Tribunals in The Hague This course is the first in a series on international courts and tribunals. In this course you will learn about the specialized organizations that make up the International Court and Tribunal system and their functions. You will be able to distinguish between different judicial and administrative bodies and will learn about the processes by which different courts and tribunals make decisions. Additionally, we will explain the main principles of international law and the rules of engagement used by both international and domestic courts and tribunals. The course is designed to give you a basic understanding of international courts and tribunals. You will be able to identify the most interesting and important cases and will be able to compare different international and domestic courts and tribunals. You will also be able to identify issues that arise in international courts and tribunals from the different parts of the world. By the end of this course, you will be able to: - choose a court or tribunal from the Court of Justice of the European Union based in The Hague - select a country from the Court of Justice of the European Union based in The Hague - explain the process by which different courts and tribunals make decisions - identify issues that arise in international courts and tribunals from the different parts of the world This course is part of the EIT Environment School of International Law programme.The European Union and the Government of the Netherlands Competitor State dispute settlement Judicial review

Course Tag

Justice Criminal Justice International Law Arbitration

Related Wiki Topic

Article Example
The Hague Academy of International Law The Hague Academy of International Law () is a center for high-level education in both public and private international law housed in the Peace Palace in The Hague, the Netherlands. Courses are taught in English and French and, except for External Programme Courses, are held in the Peace Palace.
Customary international humanitarian law A customary law database, developed in association with the British Red Cross, was launched by the International Committee of the Red Cross in August 2011. It is designed to be used as a legal reference in international and non-international armed conflicts, including by courts, tribunals and international organizations.
International and Comparative Law Quarterly The International and Comparative Law Quarterly (; ) is a law review published quarterly by the British Institute of International and Comparative Law. It was established in 1952 and covers comparative law as well as public and private international law, including human rights, war crimes, and genocide, World Trade Organization law and investment treaty arbitration, recent developments of international courts and tribunals, as well as comparative public and private law all over the world. In addition to longer articles, the journal publishes book reviews. The editors in chief are Catherine Redgwell (University College London) and Robert McCorquodale (British Institute of International and Comparative Law).
International court Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II. Three such courts are presently located at The Hague in the Netherlands: the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Court of Justice (ICJ), and the International Criminal Court (ICC). Further international courts exist elsewhere, usually with their jurisdiction restricted to a particular country or issue, such as the one dealing with the genocide in Rwanda. In addition to international tribunals created to address crimes committed during genocides and civil war, ad hoc courts combining international and domestic strategies have also been established on a situational basis. Examples of these “hybrid tribunals” are found in Sierra Leone, Lebanon, East Timor, and Cambodia.
The Hague Many academic institutions in the fields of international relations, international law and international development are based in The Hague. The Hague Academic Coalition (HAC) is a consortium of those institutions.
The Hague Academy of International Law The Hague Academy of International Law awards a high-level diploma for students who already have a thorough knowledge of international law and who pass an examination in either public international law or private international law. Few Diplomas are awarded each year, the examination being highly selective.
International law and the Arab–Israeli conflict In 1950, the International Law Commission listed the following sources as forms of evidence to customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations.
Centre for International Sustainable Development Law In the Spring 2011, in partnership with ILA, IDLO and LCIL, the CISDL launched a new pilot website on sustainable development law. In recent years, discussions of the role of international law in sustainable development have expanded considerably, the concept of sustainable development is increasingly being invoked before nations and international courts and tribunals worldwide. With this new project, the CISDL sought to develop a tool for researchers around the world studying the legal dimension of sustainable development. This on-line analytical tool comprises a dynamic database of decisions from international courts and tribunals that have referred to, or used, the concept-objective of sustainable development, and related international legal principles. It also includes direct links to the decisions from economic, social and human rights and international public law courts and tribunals that have applied sustainable development principles in the resolution of disputes between 1992 and 2012.
The George Washington International Law Review The George Washington International Law Review is a student-run, student-edited publication of the George Washington University Law School. In its four annual issues, the "International Law Review" presents articles and essays on public and private international financial development, comparative law, and public international law. The "International Law Review" also publishes the "Guide to International Legal Research" annually.
University of Baltimore Center for International and Comparative Law Nienke Grossman is a Senior Fellow with the Center. She teaches in the areas of International Law, International Environmental Law, Conflict of Laws, and International Criminal Law. Her research focuses on the increasing use of international courts and tribunals to resolve disputes as well as the role of women in International Law. She is most interested in what contributes to and detracts from these institutions’ legitimacy.
International law International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts.
Monism and dualism in international law "International law as such can confer no rights cognisable in the municipal courts. It is only insofar as the rules of international law are recognized as included in the rules of municipal law that they are allowed in municipal courts to give rise to rights and obligations".
American Journal of International Law The "Journal" contains summaries and analyses of decisions by national and international courts and arbitral or other tribunals, and of contemporary U.S. practice in international law. Each issue lists recent publications in English and other languages, many of which are reviewed in depth. Earlier issues of the journal contain full-text primary materials of importance in the field of international law.
International School of The Hague The International School of The Hague caters to the large international community of The Hague, which exists as a result of the many international organizations, embassies and companies located in the area, such as the European Patent Organisation, Organisation for the Prohibition of Chemical Weapons, Royal Dutch Shell or International Court of Justice.
International law and the Arab–Israeli conflict In accordance with article 13 of the UN Charter, the General Assembly is obligated to initiate studies and to make recommendations that encourage the progressive development of international law and its codification. Acting in that agreed-upon treaty capacity, the General Assembly affirmed the principles of international law that were recognized by the Charter of the Nuremberg Tribunal and directed that they should be codified. Many of those same principles were subsequently adopted for inclusion in draft treaties that were under development by the International Law Commission of the United Nations. They were also incorporated through the agreement of the High Contracting Parties into the Geneva Conventions of 1949. In 1993 the UN Security Council "acting under Chapter VII of the Charter on the United Nations" established an international tribunal and approved a Statute that had been recommended in a report submitted by the Secretary General. It concluded beyond doubt that the law applicable in armed conflict as embodied in the Geneva Conventions of 12 August 1949 and the Hague Convention (IV) of 18 October 1907 had become part of international customary law, and should be part of the subject matter jurisdiction of the International Criminal Tribunal for the former Yugoslavia. In 1998, the United Nations Diplomatic Conference of Plenipotentiaries approved the Rome Statute of the International Criminal Court. The offenses against unwritten customary international law were amenable to prosecution by international tribunals, like the Nuremberg Tribunal, long before they were codified and incorporated into the subsequent treaties.
Tribunals in the United Kingdom The decision making processes of tribunals can be quite heterogeneous. Though often having procedures that very much resemble those of a court of law, common law and legislative rules about court proceedings do not apply directly to tribunals. Tribunals often have their power granted to them by an act of parliament, and conventionally legislation in English law overrides decisions by the judiciary (unlike the US and other countries with a constitution). However the process of judicial reviews allow courts to challenge decisions made by tribunals. To a degree these set out some common law rules for how tribunals can make decisions.
International Criminal Court Moot The international rounds programme includes visits to the various international tribunals at The Hague.
Mechanism for International Criminal Tribunals The Mechanism for International Criminal Tribunals (MICT), officially the International Residual Mechanism for Criminal Tribunals, is an international court established by the United Nations Security Council in 2010 to perform the remaining functions of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) following the completion of Tribunals' respective mandates.
International humanitarian law In addition, international criminal tribunals (like the International Criminal Tribunals for the former Yugoslavia and Rwanda) and mixed tribunals (like the Special Court for Sierra Leone) have contributed to expanding the scope of definitions of sexual violence and rape in conflict. They have effectively prosecuted sexual and gender-based crimes committed during armed conflict. There is now well-established jurisprudence on gender-based crimes. Nonetheless, there remains an urgent need to further develop constructions of gender within international humanitarian law.
The Hague Academy of International Law Since its creation in 1923, The Hague Academy of International Law has occupied premises at the Peace Palace. Next to the Peace Palace building the Academy’s facilities include the Academy Hall built for international conferences, the Peace Palace Library as well as further administrative accommodations. The new buildings were planned and realized by architects Michael Wilford and Manuel Schupp.