5397 Public and Private International Law : Theory and Practice ( Formerly known as : International Courts & Tribunals) - KHAN- 25543
Imad Khan (ADJUNCT)
Course Areas: Blakely Advocacy Simulation
Time: 7:30p-9:00p MWLocation: 213 BLB
Course Outline: This course focuses on the content and structure of international law by examining its foundation, its status and its application. Students will be exposed to the fundamental principles governing international relations, the foundations of creating and implementing international law, and substantive topics of public and private international law. The course will also examine the practice and procedure before international courts and tribunals that emphasize international civil dispute resolution by primarily focusing on the International Court of Justice ("ICJ"). Students will examine the ICJ's history, organization, competence and role as a permanent international institution and mechanism for the pacific settlement of disputes between States. Students will also learn how a case is brought before the ICJ and how various procedural and preliminary matters such as jurisdiction, standing and admissibility are addressed before the Court. Particular attention will be paid to the jurisprudence of the ICJ and the International Centre for Settlement of Investment Disputes.
With respect to the practice component of the course, students will apply the founding and substantive rules of international law to a hypothetical, contentious case between two States before the ICJ, the primary judicial organ of the United Nations. In doing so, students will also apply the rules of procedure and style of practice before the ICJ.
Students will gain experience in researching and using the various international legal materials and sources necessary for making oral and written submissions before the ICJ. Students will also gain practical experience in drafting written memorials and pleadings for submission to the ICJ, as well as making oral arguments based on such written submissions. During the course of the semester, students will prepare a practice and a graded oral argument (approximately 10 minutes) in the form of preliminary objections and/or responses to the ICJ each arguing whether a State has standing to bring a claim on behalf of its national, which issue arises out of the hypothetical contentious case that we will use. At the end of the semester, each student will prepare a graded substantive writing assignment consisting of a memorial to the ICJ on the merits of the case. Students will also deliver a final graded oral argument regarding the same. Students will work individually and be assigned roles as applicant and respondent for their written and oral assignments. In order to gain more experience, students may also be asked to prepare arguments opposite their assigned roles for practice purposes.
Course Syllabus: Syllabus pdf
Course Notes: This is an LL.M class, and JD students may register, if space is available.
First Day Assignments:
Final Exam Schedule:
This course will have:
Satisfies Skills Course Requirement: Yes
Satisfies Senior Upper Level Writing Requirement: No