030514 KU Principles of Procedure in Public International Law (2021W)

This course aims at providing a comprehensive and practice-related understanding of the procedural aspects of international dispute settlement. After a short introduction into the sources of procedural law in international adjudication, the course will focus on procedural principles and rules applied throughout international courts and tribunals by taking a practice-related approach.

Each course section will involve a discussion theme that revolves around real case examples showcasing the application and impact of the discussed procedural rule/principle in practice. The discussion part allows students to give their views on the cases, the procedural rules and explore alternative outcomes based on different lines of argumentation in the case. The course will thereby demonstrate that procedural rules and principles matter greatly in international dispute settlement and regularly form an important part of international litigation tactics.

Topics covered include:
- jurisdiction and admissibility;
- the standards applicable in different types of proceedings (contentious, advisory, incidental proceedings);
- evidence and fact-finding (forged or leaked evidence, use of experts before international courts and tribunals);
- the composition of courts and tribunals (judges, independence and impartiality, elections, diversity);
- decision-making at courts and tribunals;
- other procedural matters related to the functioning of international courts and tribunals.

Litigation examples and procedural rules of the following courts/ systems will be discussed:
- The International Court of Justice;
- The European Court of Human Rights;
- The African Court on Human and Peoples' Rights;
- The Inter-American Court of Human Rights;
- The International Criminal Court;
- International Arbitration Tribunals.