General information

University of Mustapha Istambouli -Mascara-

Faculty of Law and political science

Department of Law

Module Title: Internationals Disputes

Level: 1st year Master's

Semester: Semester 2

Duration : 15 weeks (An hour and a half Per Week)

Schedule: Monday: 10:15 a.m. - 11:00 a.m.

Name of the teacher:  Dr. Mahfoud Ikram

Language : English

A lecture in the amphitheater D

E-mail :ikram.mahfoud@univ-mascara.dz

 

Description:

     The module on International Disputes provides students with a comprehensive understanding of the complex field of resolving disputes between nations. It explores the various methods, mechanisms, and legal frameworks employed to address and settle international disputes, including both contentious and non-contentious matters.

    Throughout the module, students will examine the historical and contemporary context of international disputes, gaining insights into the causes and dynamics that lead to conflicts between states. They will explore the role of international law, treaties, conventions, and customary practices in governing the resolution of disputes.

     The module covers a wide range of dispute settlement mechanisms, including diplomatic negotiation, mediation, conciliation, arbitration, and adjudication. Students will delve into the legal and procedural aspects of each method, analyzing their advantages, limitations, and effectiveness in different scenarios. They will also examine the role of international organizations, such as the United Nations and regional bodies, in facilitating dispute resolution and maintaining peace and security.

Main themes

Chapter 1: The concept of the International Disputes

A- the Definition of the International Disputes

B- The elements of international Disputes

C- Types of international disputes

D- Causes of international disputes.

Chapter 2 : The peaceful settlement of international disputes (Chapter VI of the United Nations Charter)

A- Diplomatic (political) means of Dispute Settlement

B- Judicial (legal) means of Dispute Settlement

C- Regional organisations and dispute settlement

Chapter 3 : The Security Council's Role in the Settlement of International Disputes (Chapter VIl of the United Nations Charter)

A- Measures not involving the use of force

B- Measures involving the use of force

Learning OBJECTIVES

At the end of the programme, students should be able to:

 - elucidate the function of international law in the international arena.

- Understanding various concepts related to international disputes.

- Study and analysis of the articles of the United Nations Charter, particularly Chapters Six and Seven.

- Appreciate the usefulness of the Peaceful Means to settle disputes

- Compare the characteristics of dispute and war.

- Explain the difference between Peaceful Means to settle disputes.

- Describe the advantages of negotitation.

- Define the function of the security council to settel the international disputes

- Explain the nature and function of diplomatic protection.

- Discuss the role of international courts and tribunals other to settel the international disputes 

Assessment and testing:  a written exam

Teaching Methodology:

- An interactive method of teaching during lectures (oral presentation, cooperative; including discussion forums, the analysis of problematic issues)

 -addressing the international disputes and internaternational issues during the lectures

Selected Sources :

-        United nation charter, 1945.

-        Handbook on the Peaceful Settlement of Disputes between States, united nations publication, 1992

-        Nicholas Sunday, Settlements of International Disputes, Scientific Essay, 2013

-        john bossy, Disputes and Settlements: Law and Human Relations in the West (Past and Present Publications), Cambridge University Press, 1984.

-        J.G. Merrills, International Dispute Settlement, 2017.

-        Karen Alter, and Yuval Shany, The Oxford Handbook of International Adjudication, 2014.