Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTERNATIONAL COURTS and TRIBUNALS | HUK2133820 | Fall Semester | 2+0 | 2 | 4 |
| Course Program | Çarşamba 15:30-16:15 Çarşamba 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Assist.Prof. Mehmet Akif POROY |
| Name of Lecturer(s) | Assist.Prof. Mehmet Akif POROY |
| Assistant(s) | |
| Aim | To evaluate the functions, jurisdiction and procedure of the international courts and tribunals within the framework of international law and relevant judicial decisions. |
| Course Content | This course contains; The functions, jurisdiction and procedure of the International Court of Justice,The functions, jurisdiction and procedure of the International Tribunal for the Law of the Sea,The Appellate Body of the WTO Dispute Settlement Body,The dispute settlement mechanism before the Permanent Court of Arbitration,The procedure of the International Centre for the Settlement of Investment Disputes,The judicial bodies of the regional economic integration bodies,The functions, jurisdiction and procedure of the European Court of Justice,North American Free Trade Area (NAFTA) dispute settlement procedures,The statute and the case-law of the International Criminal Court,The functions and jurisdiction of the international ad hoc criminal courts,The international and regional human rights protection mechanisms,The European Court of Human Rights,Inter-American Court and Commission of Human Rights,African Court and Commission of Human and Peoples' Rights. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Evaluate the basic features of international courts and tribunals. | 10, 14, 16, 19, 9 | A |
| 1.1. Explain the functions, jurisdiction and procedure of the International Court of Justice (ICJ). | 10, 14, 16, 19, 9 | A |
| 1.2. Explain the functions, jurisdiction and procedure of the International Tribunal for the Law of the Sea (ITLOS). | 10, 14, 16, 19, 9 | A |
| 1.3. Discuss the Appellate Body of the WTO Dispute Settlement Body, | 10, 14, 16, 19, 9 | A |
| 2. Analyse the international arbitration institutions and arbitration procedure. | 10, 14, 16, 19, 9 | A |
| 2.1. Discuss the dispute settlement mechanism before the Permanent Court of Arbitration (PCA). | 10, 14, 16, 19, 9 | A |
| 2.2. Explain the procedure of the International Centre for the Settlement of Investment Disputes (ICSID). | 10, 14, 16, 19, 9 | A |
| 2.3. Compare the judicial bodies of the regional economic integration bodies. | 10, 14, 16, 19, 9 | A |
| 3. Evaluate and compare the international criminal courts and international human rights institutions. | 10, 14, 16, 19, 9 | A |
| 3.1. Analyse the statute and the case-law of the International Criminal Court (ICC). | 10, 14, 16, 19, 9 | A |
| 3.2. Discuss the functions and jurisdiction of the international ad hoc criminal courts. | 10, 14, 16, 19, 9 | A |
| 3.3. Evaluate the international and regional human rights protection mechanisms. | 10, 14, 16, 19, 9 | A |
| Teaching Methods: | 10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The functions, jurisdiction and procedure of the International Court of Justice | reading about the subject and review of ICJ decisions |
| 2 | The functions, jurisdiction and procedure of the International Tribunal for the Law of the Sea | reading about the subject |
| 3 | The Appellate Body of the WTO Dispute Settlement Body | reading about the subject |
| 4 | The dispute settlement mechanism before the Permanent Court of Arbitration | reading about the subject |
| 5 | The procedure of the International Centre for the Settlement of Investment Disputes | reading about the subject |
| 6 | The judicial bodies of the regional economic integration bodies | reading about the subject |
| 7 | The functions, jurisdiction and procedure of the European Court of Justice | Review of the European Court of Justice decisions |
| 8 | North American Free Trade Area (NAFTA) dispute settlement procedures | reading about the subject |
| 9 | The statute and the case-law of the International Criminal Court | Review of International Criminal Court decisions |
| 10 | The functions and jurisdiction of the international ad hoc criminal courts | reading about the subject |
| 11 | The international and regional human rights protection mechanisms | reading about the subject |
| 12 | The European Court of Human Rights | reading about the subject |
| 13 | Inter-American Court and Commission of Human Rights | reading about the subject |
| 14 | African Court and Commission of Human and Peoples' Rights | reading about the subject |
| Resources |
| No single textbook will be followed. |
| Ruth Mackenzie vd. (Eds.), The Manual on International Courts and Tribunals, Oxford, Oxford University Press, 2010. Lukasz Gruszczynski and Wouter Werner, Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation, Oxford, Oxford University Press, 2014. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | X | |||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 2 | 28 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 3 | 7 | 21 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 26 | 26 | |||
| General Exam | 1 | 30 | 30 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 105 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(105/30) | 4 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTERNATIONAL COURTS and TRIBUNALS | HUK2133820 | Fall Semester | 2+0 | 2 | 4 |
| Course Program | Çarşamba 15:30-16:15 Çarşamba 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Elective |
| Course Coordinator | Assist.Prof. Mehmet Akif POROY |
| Name of Lecturer(s) | Assist.Prof. Mehmet Akif POROY |
| Assistant(s) | |
| Aim | To evaluate the functions, jurisdiction and procedure of the international courts and tribunals within the framework of international law and relevant judicial decisions. |
| Course Content | This course contains; The functions, jurisdiction and procedure of the International Court of Justice,The functions, jurisdiction and procedure of the International Tribunal for the Law of the Sea,The Appellate Body of the WTO Dispute Settlement Body,The dispute settlement mechanism before the Permanent Court of Arbitration,The procedure of the International Centre for the Settlement of Investment Disputes,The judicial bodies of the regional economic integration bodies,The functions, jurisdiction and procedure of the European Court of Justice,North American Free Trade Area (NAFTA) dispute settlement procedures,The statute and the case-law of the International Criminal Court,The functions and jurisdiction of the international ad hoc criminal courts,The international and regional human rights protection mechanisms,The European Court of Human Rights,Inter-American Court and Commission of Human Rights,African Court and Commission of Human and Peoples' Rights. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Evaluate the basic features of international courts and tribunals. | 10, 14, 16, 19, 9 | A |
| 1.1. Explain the functions, jurisdiction and procedure of the International Court of Justice (ICJ). | 10, 14, 16, 19, 9 | A |
| 1.2. Explain the functions, jurisdiction and procedure of the International Tribunal for the Law of the Sea (ITLOS). | 10, 14, 16, 19, 9 | A |
| 1.3. Discuss the Appellate Body of the WTO Dispute Settlement Body, | 10, 14, 16, 19, 9 | A |
| 2. Analyse the international arbitration institutions and arbitration procedure. | 10, 14, 16, 19, 9 | A |
| 2.1. Discuss the dispute settlement mechanism before the Permanent Court of Arbitration (PCA). | 10, 14, 16, 19, 9 | A |
| 2.2. Explain the procedure of the International Centre for the Settlement of Investment Disputes (ICSID). | 10, 14, 16, 19, 9 | A |
| 2.3. Compare the judicial bodies of the regional economic integration bodies. | 10, 14, 16, 19, 9 | A |
| 3. Evaluate and compare the international criminal courts and international human rights institutions. | 10, 14, 16, 19, 9 | A |
| 3.1. Analyse the statute and the case-law of the International Criminal Court (ICC). | 10, 14, 16, 19, 9 | A |
| 3.2. Discuss the functions and jurisdiction of the international ad hoc criminal courts. | 10, 14, 16, 19, 9 | A |
| 3.3. Evaluate the international and regional human rights protection mechanisms. | 10, 14, 16, 19, 9 | A |
| Teaching Methods: | 10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The functions, jurisdiction and procedure of the International Court of Justice | reading about the subject and review of ICJ decisions |
| 2 | The functions, jurisdiction and procedure of the International Tribunal for the Law of the Sea | reading about the subject |
| 3 | The Appellate Body of the WTO Dispute Settlement Body | reading about the subject |
| 4 | The dispute settlement mechanism before the Permanent Court of Arbitration | reading about the subject |
| 5 | The procedure of the International Centre for the Settlement of Investment Disputes | reading about the subject |
| 6 | The judicial bodies of the regional economic integration bodies | reading about the subject |
| 7 | The functions, jurisdiction and procedure of the European Court of Justice | Review of the European Court of Justice decisions |
| 8 | North American Free Trade Area (NAFTA) dispute settlement procedures | reading about the subject |
| 9 | The statute and the case-law of the International Criminal Court | Review of International Criminal Court decisions |
| 10 | The functions and jurisdiction of the international ad hoc criminal courts | reading about the subject |
| 11 | The international and regional human rights protection mechanisms | reading about the subject |
| 12 | The European Court of Human Rights | reading about the subject |
| 13 | Inter-American Court and Commission of Human Rights | reading about the subject |
| 14 | African Court and Commission of Human and Peoples' Rights | reading about the subject |
| Resources |
| No single textbook will be followed. |
| Ruth Mackenzie vd. (Eds.), The Manual on International Courts and Tribunals, Oxford, Oxford University Press, 2010. Lukasz Gruszczynski and Wouter Werner, Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation, Oxford, Oxford University Press, 2014. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | X | |||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |