Contents - Faculty of Law - University of Cambridge

(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