Infopaket

Settlement of International Disputes

ОК 3

Обов’язкова дисципліна для ОП

Second

2021/2022

1 Semester

4

Students’ acquisition of theoretical knowledge regarding the basic legal means of resolving disputes in universal international law; types of proceedings in the International Court of Justice; dispute settlement mechanisms provided for by the provisions of certain universal international conventions (UN Convention on the Law of the Sea), dispute settlement procedures in EU judicial bodies; mastering the mechanisms for resolving disputes within the GATT / WTO, gaining practical skills in the procedure of protection of Ukraine's rights in international judicial institutions

Full-time form

Knowledge of the basics of international law; definitions and features of the concept of "international dispute"; provisions of the UN Charter on the consolidation of the principle of "peaceful settlement of international disputes". Ability to analyze and draw legal conclusions from various areas of Ukraine's international cooperation with other states and international organizations. Possession of basic skills in dispute resolution, application of the provisions of the UN Charter and other universal and regional international treaties containing provisions on the means of resolving international disputes; determine the scope of international dispute settlement mechanisms.

Thematic plan of the discipline: 1. Mechanisms of International Dispute Settlement. 2. History of International Dispute Settlement. 3. The Machinery of the UN. 4. Settling Disputes within International Court of Justice. 5. The Law of the Sea Convention and its System. 6. Legal Framework of the EU Judiciary. 7. The General Court of the EU: Composition, Jurisdiction, Procedure, Reform. 8. Preliminary Ruling Procedure. 9. Enforcement actions against Member States. 10. Judicial Review of Acts & Omissions of the EU’s Institutions. 11. EU Liability in Damages. 12. Dispute Settlement Mechanism under the EU – Ukraine Association Agreement. 13. The Evolution of the WTO Dispute Settlement. 14. The WTO Dispute Settlement System.

1. Merrils J.G. International Dispute Settlement. – J.G. Merrils.– Cambridge: Cambridge University Press, 2011. - 387 p. (eng). 2. Sviatun Olena. Dispute Settlement in EU Law. Compilation of lections. / Olena Sviatun - Kyiv: Institute of International Relations, 2020 – 131 p. 3. Craig Paul. EU Law: Text, Cases, and Materials. / Craig Paul, Búrca Gráinne de .- Oxford: OUP; 5 edition (18 Aug. 2020). - 1320 p. 4. A Handbook on the WTO Dispute Settlement System / Legal Affairs Division and the Rules Division of the WTO Secretariat, and the Appellate Body Secretariat. – Cambridge: Cambridge University Press, 2017. – 416 p. 5. Rosenne Sh. Essays on International Law and Practice. – Sh. Rosenne.– Leiden, Boston: Martinus Nejhoff Publishers, 2007. – 701 p. 6. Türk Alexander H. Judicial Review in EU Law. / Alexander H. Türk. – Cheltenham, Northampton: Edward Elgar Publishing Limited, 2009. – 403 p.

Lecture, seminar, solving practical cases, performing tasks of independent work

Evaluation is carried out according to the modular rating system. Current control: answers (up to 35 points), additions (up to 7 points), case studies (up to 4 points), independent work (up to 8 points), final modular test (up to 8 points). The form of final control is an exam. The exam is conducted in writing. The student's answer to the exam – up to 40 points.

English