Contents - Faculty of Law - University of Cambridge

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Crawford, The Treatment of Combatants and Insurgents (2010)Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (2004)Doswald-Beck (ed), San Remo Manual on International Law applicable to Armed Conflicts at Sea (1995)Duffy, The War on Terror and the Framework of International Law (2005)Greenwood, Essays on War in International Law (2006)Henckaerts and Doswald-Beck, Customary International Humanitarian Law (2005)Moir, The Law of Internal Armed Conflict (2002)O’Keefe, The Protection of Cultural Property in Armed Conflict (2006)Roberts and Guelff, Documents on the Laws of War (3rd ed 2000)Rogers, Law on the Battlefield (2nd ed 2004)Solis, The Law of Armed Conflict (2010)UK Ministry of Defence, Manual of the Law of Armed Conflict (2004)Advisory Opinion on Nuclear Weapons 1996 ICJ ReportsNicaragua Case 1986 ICJ ReportsTadic Case jurisdiction 105 ILR 419; trial 112 ILR 1; appeal 124 ILR 61Advisory Opinion on Wall in Palestinian Territory 2004 ICJ ReportsPAPER 21. SETTLEMENT OF INTERNATIONAL DISPUTES1. Introduction to International Courts and Tribunals(i) History and development of international adjudication and arbitration(ii) The modern system of international courts and tribunals(iii) Classifications and terminology(iv) The function and scope of procedural rules(v) The public/private divide in dispute resolution involving state parties2. Jurisdiction(i) General principles: competence-competence; forum prorogatum; separability of dispute resolution clauses;jurisdiction ratione materiae, ratione personae and ratione temporis(ii) Specific issues for the vesting of jurisdiction: reliance upon the optional clause (ICJ); existence of aninvestment (investment treaties & ICSID); reliance on an MFN clause to expand jurisdiction (investmenttreaties)3. Admissibility(i) Distinction between jurisdiction and admissibility(ii) Absence of a necessary third party(iii) Diplomatic protection: nationality of claims and exhaustion of local remedies(iv) Investment treaty arbitration: contracts claims versus treaty claims; derivative claims by shareholders4. Justiciability and Arbitrability(i) The doctrine of non-justiciability of political disputes(ii) The subject matter of disputes that can be submitted to arbitration (arbitrability): e.g. the problem of illegaltransactions5. Applicable Laws(i)Characterisation94
(ii)(iii)(iv)(v)(vi)Law applicable to substantive issues, jurisdiction and admissibility, arbitrability, arbitration clause, procedure,capacity of parties, issues of state responsibility.The doctrine of municipal laws as facts before international courts and tribunalsInternational public policyProblems of treaty interpretation before international courts and tribunalsChoice of law problems in investment treaty arbitration6. Provisional Measures(i) Source of power to grant provisional measures(ii) Relationship with jurisdiction over the merits(iii) Circumstances relevant to granting provisional measures(iv) Enforceability of provisional measures7. Remedies in International Adjudication(i) The three forms of reparation: restitution, compensation, declaratory judgments(ii) Problems of restitution(iii) Problems of compensation: differentiating between the remedial consequences following from a breach ofdifferent substantive obligations8. Challenge of International Decisions and Recognition and Enforcement of International Decisions(i) Challenge before the ICJ(ii) Challenge before the municipal courts at the seat of the arbitration(iii) The special case of ICSID annulment proceedings(iv) The UN Charter and the constituent documents of international courts(v) The New York Convention on the Recognition and Enforcement of Arbitral Awards9. Denial of Justice(i) The modern conception of denial of justice in international law(ii) Exhaustion of remedies as a substantive requirement(iii) Is denial of justice limited to a review of procedural aspects of the trial or hearing before the municipal court?(iv) Denial of justice in investment treaty arbitration10. Overlapping Jurisdictions and the Fragmentation of International Law(i) The problem of overlapping jurisdictions and techniques to resolve jurisdictional conflicts(ii) Is the proliferation of international courts and tribunals leading to the fragmentation of international law? Doesit matter?READINGThere is no single set text and students are encouraged to read widely. Detailed lists are distributed during the course.It is assumed that students have an elementary knowledge of the principal international courts and tribunals. Thefollowing introductory text is recommended reading before commencement of the lectures:Collier and Lowe, The Settlement of International Disputes (1999)Extensive reference will be made to the following text and students may wish to obtain their own copy:95
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ContentsGeneral InformationOfficers
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Settlement of International Dispute
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Faculty AdministrationFaculty Offic
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The Faculty of LawLaw has been stud
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The LLM Degree. This degree is awar
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Opening Hours:Full Term: Monday to
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Rules Made by the Information Strat
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The Lauterpacht Centre for Internat
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Centre for Corporate and Commercial
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Cambridge Socio-Legal GroupThe Camb
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Dates of Faculty Board Meetings7 Oc
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Proceed with caution in reaching fo
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Faculty CommunicationEach year, the
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Law Tripos Part IA. A candidate for
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Prizes. The following prizes may be
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PAPER 2. CONSTITUTIONAL LAWA. The a
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Oliver, Constitutional Reform (2003
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Hedley, Tort (6th ed 2008)Weir, An
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3. Trusts and co-ownership: Concurr
Page 44 and 45: Brownlie, Principles of Internation
Page 46 and 47: Elliott, Constitutional Foundations
Page 48 and 49: Contract: covenant and debt; assump
Page 50 and 51: Statutes:Blackstone’s Statutes on
Page 52 and 53: For reference:Birks and Pretto (ed)
Page 54 and 55: Foster, EU Legislation (2010-2011)B
Page 56 and 57: PAPER 42. INTELLECTUAL PROPERTY1. I
Page 58 and 59: 2. Property torts (conversion and t
Page 60 and 61: (iii)Causation4. Contracts in Engla
Page 62 and 63: Rawls, Political LiberalismRawls, J
Page 64 and 65: Rodger and McCulloch, The UK Compet
Page 66 and 67: Law Commission, Renting Homes: The
Page 68 and 69: Human Rights Case DigestHuman Right
Page 70 and 71: 3. Title at common law and in equit
Page 72 and 73: Exemption from Professional Examina
Page 74 and 75: Paper application available to down
Page 76 and 77: Form of Examination and Designation
Page 78 and 79: ‘Open Book’ Papers. Where a pap
Page 80 and 81: LLM : Syllabuses and Lists of Recom
Page 82 and 83: ased upon one or two leading cases,
Page 84 and 85: Goff and Jones, The Law of Restitut
Page 86 and 87: Butterworths’ Company Law Handboo
Page 88 and 89: 2. The EU’s system for human righ
Page 90 and 91: the context of environmental protec
Page 92 and 93: European Competition Law Review (EC
Page 96 and 97: Douglas, The International Law of I
Page 98 and 99: Unger, Free Trade Reimagined (2007)
Page 100 and 101: 3. Sceptics and Critics I4. Sceptic
Page 102 and 103: The course provides an opportunity
Page 104 and 105: (iv)(v)(vi)(vii)Is either utilitari
Page 106 and 107: Reiman, ‘Justice, Civilization, a
Page 108 and 109: Gardner, Introduction to the Law of
Page 110 and 111: 1. Types of theoretical analysis an
Page 112 and 113: 2. Specific fieldsTopics to be sele
Page 114 and 115: The LLM (one-year taught postgradua
Page 116 and 117: As part of the requirements for the
Page 118 and 119: Teaching Members of the Faculty of
Page 120 and 121: MC Elliott, MA, PhD (Cantab); St Ca
Page 122 and 123: RA Melikan, BA (Mich), JD, MA (Chi)
Page 124 and 125: BD Sloan, MA, LLM (Cantab); King’
Page 126 and 127: Law Teachers in the Department of L
Page 128 and 129: Murray Edwards College. Dr S Turenn
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Contents - Faculty of Law - University of Cambridge

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