Judicial settlement of international disputes

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    الأربعاء، 12 نيسان/أبريل 2023
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June 26 - June 30 \2023 : London

September18—September22 \2023:Istanbul 

September25—September29 \2023:Istanbul

Introduction

          The course introduces basics of peaceful means for dispute resolution in terms of contemporary legal and political framework. Students will be guided through the techniques and institutions used to overcome tensions and conflicts primarily from the public international law perspective. The course slightly touches upon diplomatic instruments, such as mediation, negotiation, inquiry. However, the core topics outline distinctively legal methods - arbitration and adjudication. Nature and procedural peculiarities of the following major institutions are under consideration: the UN, International Court of Justice separately, the International Tribunal for the Law of the Sea.

 

Objectives 

At the end of this course the participants will be able to:

Þ know basic categories, institutions and proceedings within the main sections of the course;

Þ be able to explain them and give examples of emblematic cases in international legal practice;

Þ know primary instruments of dispute resolution and applicable legal limitations for diplomatic or adjudicative involvement;

Þ know specific legal aspects of negotiation proceedings, including the variety of fact finding means and subsequent commitmen;

Þ be able to use the core terminology when discussing theoretical and practical issues;

Þ be able to evaluate effectiveness and relevance of diplomatic, arbitral and judicial decisions;

Þ be able to set goals and tasks related to the performance of professional functions; analyze situations and facts taking into account acquired skills and knowledge;

Þ be able to reflect on the content of legal acts and apply them for fact finding, negotiation and adjudication

Þ have the following skills: analytical approach towards diplomatic tensions, legal disputes, military conflicts; adequate use of relevant theories, categories and legal norms in relation to complex situations; performance of mediation, arbitral, judicial functions

 

WHO SHOULD ATTEND?

Þ The programme is designed for : 

Diplomats

Government officers 

NGO representatives, international

 

Course Methodology

The course uses self-assessments and a wide mix of business cases that promote healthy discussions around the importance of managing multiple tasks, deadlines and priorities. Participants will benefit from role plays covering workplace challenges related to handling tasks, deadlines and priorities. They will learn how to deal with conflicts that may arise as a result. Interactive team exercises are also used with each team presenting their findings and comments.  

 

This interactive training course includes the following training methodologies as a percentage of the total tuition hours:

  • 30% Lectures, Concepts, Role Play
  • 30% Workshops & Work Presentations, Techniques
  • 20% Based on Case Studies & Practical Exercises
  • 20% Videos, Software & General Discussions

Pre and Post Test

 

Outline 

DAY 1:

Legal framework for the regulation of international affairs. International tensions, disputes and conflicts: jurisprudence and political agenda

Þ Diplomatic tensions, breach of international obligations and restoration of international order.

Þ Treaty and customary law remedies.

Þ Territorial disputes. Current issues of collective security.

Þ Latest legal findings in relation to armed conflicts, classification. Erga omnes obligations: current legal findings for protection of international peace and security (including genocide cases).

Þ Responsibility to protect doctrine: emergence, legal basis, challenges.

Þ State and Non-State actors as parties to a dispute. Legal status, capacity, responsibility

 

DAY 2

Overview of the subjects of International Law.

Þ Latest developments of categories “statehood”, “effective control”, “self-determination”, “failed state” .

Þ Legal status of insurgents and national liberation movements.

Þ Basic principles of diplomatic interactions.

Þ Negotiation proceedings, consultation

Þ Methods of peaceful dispute resolution in accordance with the Art. 33 of the UN Charter.

Þ The role of modern diplomacy in decreasing international tensions.

Þ Peculiarities of bilateral and multilateral relations. Consultation: specific traits, advantages and limitations. Forms of negotiation, negotiation strategies and techniques.

Þ Mediation, Inquiry, Conciliation

Þ Status and qualifications of mediators. Consent to mediation. Functions and limits of mediation. The value and effect of inquiry.

Þ Conciliation: emergence, significance and further developments under treaty law. Commissions of conciliation.

Þ Arbitration

 

DAY 3: 

Forms of arbitration, selection of arbitrators, principles and procedural regulations, legal basis of the final decision, the effect of the award.

Þ The impact of arbitration.

Þ The International Court of Justice: membership, jurisdiction, judgment’s effect.

Þ Legal dimension

Þ Jurisdiction and jurisdictional disputes.

Þ Judges: election, status, qualification.

Þ ICJ Chambers.

Þ Proceedings: establishing facts, identifying the law, judgment and it’s effect.

Þ Legal and political disputes in ICJ practice.

Þ The role of the ICJ.

DAY 4 :

Maritime Disputes.

Þ Instruments designated by the Law of the Sea Convention

Þ Convention 1982: significance, content, implementation.

Þ Principle of compulsory settlement and exceptions to it.

Þ Conciliation and arbitration, special arbitration.

Þ The International Tribunal for the Law of the Sea.

Þ The Sea-Bed Disputes Chamber. Membership of ITLOS.

 

DAY 5  :

The United Nations: institutionalized machinery and proceedings

Þ The UN structure, primary organs and committees.

Þ The role and the proceedings of the Security Council and General Assembly.

Þ Action under Chapter VII of the Charter. Peace-keeping operations.

Þ Legal evaluation of the political decisions within the UN. Effectiveness and impact.

Þ Regional instruments

Þ Spectrum and scope of regional organizations.

Þ Role of regional actors in dispute resolution.

Þ Legal limitations and cooperation with the UN. Adjudication

 

 

Fees:

The Fee for the seminar, including instruction materials, documentation, lunch, coffee/tea breaks & snack is:

 5,250 USD$

 

Schedule:

 

08:30 – 10:15 First Session

10:15 – 10:30 Coffee Break

10:30 – 12:15 Second Session

12:15 – 12:30 Coffee Break

12:30 – 14:00 Third Session