Předmět International Law in International Tribunals and Domestic Courts (SOC031)

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Materiál	Typ	Datum	Počet stažení

Cíl

I believe that by way of analyzing how International Tribunals nd Domestic Courts interpret and apply the black-letter rules you will, during the course, enhance your doctrinal knowledge, issue-spotting, and analytical ability. Skills necessary for all capable and thoughtful lawyers.The aim of this course is practical explanation how international law actually works in practice and how students as future practising lawyers can benefit from the knowledge of international law to, inter alia, advance the cases of their clients. This course will seek to explore the nexus between law and facts, theory and practice, means and ends. In the course, aspects of both substantive law and procedure, the rules of evidence and trial tactics will be considered. Cases selection criteria: cases will be selected following the discussion with students in order to identify their preference with regard to the area of international law they would wish to focus on. Students from countries other than the Czech Republic will be encouraged to propose interesting cases from their national legal orders (i.e. domestic courts applying international law). The possible areas of focus are: Settlement of Disputes, Law of Treaties, International Organizations, International Criminal Law, Human Rights, International Economic Law, Investment, International Environmental Law and many others. Nevertheless, the selection of cases will be guided by the importance of selected cases for interpretation of rules of international law. The focus will be made especially on cases which indicate controversial or changing areas of international law. For each seminar, one case will be agreed on. Then, its analysis will follow, including: analysis of not only the legal context for the judgment, but possible discussion of the broader (political/historical/social) context, analysis of legal arguments with the aim of provoking critical legal reasoning, explaining the core issues of the case. In case of interest, the moot court may be organized at the last seminar. Presentations given by lecturers or practitioners from abroad planned (e.g. lecturers from the United Kingdom/University of Wales Aberystwyth, practitioners from the International Criminal Tribunal for the former Yugoslavia/ICTY or from the War Crimes Chamber of the State Court of Bosnia and Herzegovina).

Osnova

1.General Characteristics of Public International Law2.General Remarks on International Jurisdiction3.Relationship Between International and Domestic Law4.Analysis of Selected Cases (the possible areas of focus are: Settlement of Disputes, Law of Treaties, International Organizations, International Criminal Law, Human Rights, International Economic Law, Investment, International Environmental Law)

Literatura

Any

Požadavky

Basics of Public International Law. However, general characteristics of Public International Law will be introduced at the beginning of the course. The knowledge of and orientation in various branches of international and national law is an advantage.

Garant

Mgr. Kateřina Uhlířová, Ph.D., LL.M.

Vyučující

Mgr. Kateřina Uhlířová, Ph.D., LL.M.Jana Dopitová