Warning! The directory is not yet complete and will be amended until the beginning of the term.
030238 SE Seminar in International Law: International Organizations and Dispute Settlement (2024W)
for undergraduate and graduate students
Continuous assessment of course work
Labels
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).
- Registration is open from Tu 10.09.2024 00:01 to Mo 30.09.2024 23:59
- Deregistration possible until Mo 14.10.2024 23:59
Details
max. 20 participants
Language: English
Lecturers
Classes (iCal) - next class is marked with N
- Wednesday 09.10. 17:00 - 19:00 Seminarraum SEM63 Schottenbastei 10-16, Juridicum 6.OG (Kickoff Class)
- Monday 13.01. 09:00 - 18:00 Seminarraum SEM64 Schottenbastei 10-16, Juridicum 6.OG
- Tuesday 14.01. 09:00 - 18:00 Seminarraum SEM41 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.
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.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)
• 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)
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)
• August Reinisch, ‘International Organizations and Dispute Settlement: A New Topic for the International Law Commission?’ (2018) 15 International Organizations Law Review 1-7.
• First Report on the Settlement of International Disputes to Which International Organizations Are Parties, by August Reinisch, Special Rapporteur (A/CN.4/756) (74th session, 2023).
• August Reinisch, ‘Securing the Accountability of International Organizations’, 7 Global Governance 131-149 (2001)
• August Reinisch, ‘International Organizations and Dispute Settlement: A New Topic for the International Law Commission?’ (2018) 15 International Organizations Law Review 1-7.
• First Report on the Settlement of International Disputes to Which International Organizations Are Parties, by August Reinisch, Special Rapporteur (A/CN.4/756) (74th session, 2023).
Association in the course directory
Last modified: Mo 09.09.2024 09:25