Universität Wien

030238 SE Seminar in Intern. and Europ. Law: Dispute Settlement concerning Intern. Organisations and the EU (2021W)

for undergraduate and graduate students

4.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften
Continuous assessment of course work
ON-SITE
Moodle

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Details

max. 20 participants
Language: English

Lecturers

Classes (iCal) - next class is marked with N

  • Wednesday 13.10. 17:00 - 19:00 Seminarraum SEM43 Schottenbastei 10-16, Juridicum, 4.OG (Kickoff Class)
  • Monday 13.12. 09:00 - 18:00 Seminarraum SEM43 Schottenbastei 10-16, Juridicum, 4.OG
  • Tuesday 14.12. 09:00 - 18:00 Seminarraum SEM43 Schottenbastei 10-16, Juridicum, 4.OG

Information

Aims, contents and method of the course

The settlement of disputes involving international organizations, whether it concerns disputes with states, with other international organizations or with private parties, has only recently received increased attention. In the past, international organizations were largely considered to provide fora for the settlement of disputes between states. However, with increasing regulatory and operative activities of international organizations the likelihood that their actions are challenged by member states as well as third parties has increased considerably. International organizations have to defend themselves before national courts, administrative tribunals and arbitral tribunals.
This seminar will address all types of disputes between international organizations and other entities before national and international courts, tribunals and other dispute settlement institutions and it should also dwell on the most adequate design of dispute settlement to be developed in those fields where gaps are identified in order to live up to rule of law demands.
Students are requested to select a seminar paper on the basis of the topics listed below.

Themen/Topics
• International organizations before international courts: cases involving IOs before the ICJ (e.g. Bernadotte Case, Certain Expenses, etc.)
• The special case of the ECJ and other courts of regional economic integration organizations (judicial review, especially its power to annul EU acts)
• Internal non-judicial accountability mechanisms (World Bank Inspection Panel, etc.)
• Administrative Tribunals of IOs (ILOAT, UNDT, UNAT)
• National court cases against IOs (numerous immunity cases)
• National court cases addressing (the lawfulness of) acts of IOs (Srebrenica cases in The Netherlands, Haiti Cholera cases in the US, etc.)
• Arbitrations involving IOs
• Human rights and rule of law demands in regard to dispute settlement concerning IOs (fair trial rights, ICCPR, ECHR)

Assessment and permitted materials

Seminar paper, presentation of the paper and participation in the discussion during the seminar sessions.

Minimum requirements and assessment criteria

Seminar paper consisting of 50,000 characters roughly 20 pages (70%), oral presentation of the paper and active participation during the seminar sessions (30%).

Examination topics

The topics of the seminar papers are discussed and assigned in the preliminary meeting.

Reading list

Preliminary Bibliography

• Frédéric Mégret and Florian Hoffmann, ‘The UN as a Human Rights Violator? Some Reflections on the United Nations Changing Human Rights Responsibilities’, 25 Human Rights Quarterly 334 (2003).
• August Reinisch, ‘Securing the Accountability of International Organizations’, 7 Global Governance 131-149 (2001); reprinted in: Jan Klabbers (ed.), International Organizations. The Library of Essays in International Law 535-553 (2005).
• August Reinisch, ‘International Organizations and Dispute Settlement: A New Topic for the International Law Commission?’ (2018) 15 International Organizations Law Review 1-7.

Additional Introductory Sources

• IDI Resolution on Contracts Concluded by International Organizations with Private Persons, 57 Ann IDI I (1977), 333, available at http://www.idi-iil.org/en/publications-par-categorie/resolutions/.
• ILA Committee on Accountability of International Organisations, Final Report 2004, Report of the 71st Conference Berlin (2004), 164, also available at https://www.ila-hq.org/index.php/committees.
• ILC Reports on responsibility of international organizations, available at http://legal.un.org/ilc/.
• The settlement of international disputes to which international organizations are parties, available at https://legal.un.org/ilc/reports/2016/english/annex.pdf

Association in the course directory

Last modified: Th 05.05.2022 10:08