MVZ429 The Judicialization of International Politics

Faculty of Social Studies
Autumn 2012
Extent and Intensity
1/1/0. 6 credit(s). Type of Completion: zk (examination).
Teacher(s)
JUDr. Mgr. Ivo Pospíšil, Ph.D. (lecturer)
Mgr. Hubert Smekal, Ph.D. (lecturer)
Mgr. et Mgr. Katarína Šipulová, Ph.D., MSt (lecturer)
Guaranteed by
PhDr. Petr Suchý, Ph.D.
Department of International Relations and European Studies – Faculty of Social Studies
Contact Person: Olga Cídlová, DiS.
Supplier department: Department of International Relations and European Studies – Faculty of Social Studies
Timetable
Thu 16:00–17:40 U42
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 40 student(s).
Current registration and enrolment status: enrolled: 0/40, only registered: 0/40
fields of study / plans the course is directly associated with
Course objectives
The aim of the course is to introduce students to activities of international judicial and quasi-judicial institutions on the international level. Nevertheless, substance of the course would be presented not statically but, like title of course prompt, through dynamic of relationship of judicial world and politics. Aim of the course is not only simple interpretation of system of judicial institutions or introduction of basic case-law but to focus on examples in which it is possible to demonstrate tight or opposite symbolic relation between justice and international politics. Casuistic at the same time will lead to approximation of international political background of the case, whereas presentation of individual “judicial” cause will lead to example of answering the questions: “What motivated participants to choose a judicial settlement?”, “Why output /decision has special result form?”.” Which factors influenced this form?”, “What was and is the acceptance of the decision by the side of political actors?” etc. The student will obtain after the completing of the course the orientation in case-law of the international justice authorities and capability of critical analyses of these decisions.
Syllabus
  • 1. Introduction, organization 2. Relation of the theory of international relationship to international law and judicial settlement of disputes in international relationships. 3. Conceptions of judicialization of Politics, judicial country, judicracy and their portability to the area of international relationship. 4. System of judicial mechanism in international relationships of nowadays: ICJ, ICTY/ICTR, ESLP, and others regional courts which are conversant in protection of human rights, ECJ. 5. ICJ case-law and international relationships I ICJ a ius cogens – Barcelona Traction, Light and Power Company, Judgment, ICJ Reports 1970. ICJ and the Middle East conflict: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2003) 6. Case-law ICJ and international relationships II ICJ and relations between USA and Iran: United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) (1979) ICJ US policy towards South America: Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) (1984) 7. Case-law ICJ and international relationships III ICJ and the conflict in former Yugoslavia: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) (1993) and Application for Revision of the Judgment of 11 July 1996 in the Case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia), Preliminary Objections (Yugoslavia v. Bosnia and Herzegovina) (2001) MSD a Střední Evropa 8. Case-law ICTY and ICTR Tadic (IT-94-1), Srebrenica (Bosnia and Herzegovina v. Serbia and Montenegro) 9. Case-law(practice of the courts) ESLP I Irredentism and human rights – Division of Cyprus: Loizidou v. Turkey; Prednestrovia: Ilascu and others v. Moldova and Russia Conflict in the Northern Ireland: Ireland v. United Kingdom USA and the death penalty: Soering v. U.K. 10. Case-law ESLP II: ELSP and international position of Russian federation. War in Chechnya: Imakajevová v. Russia, Lulujev and others v. Rusko, Bazorkinova v. Russia, Russian-Georgian conflict 11. Special role of justice in integration groups. ECJ Case-law 12. National courts and international\foreign policy. Pinochet case Czech Constitutional Court and Manoli cause
Literature
  • TATE, Neal C. – VALLINDER, Torbjorn (1997). The Global Expansion of Judicial Power. New York: NYU Press.
  • STONE SWEET, Alec (2002). Governing with Judges. Oxford: Oxford UP.
  • SHAPIRO, Martin – STONE SWEET, Alec (2002). On Law, Politics, And Judicialization. Oxford: Oxford UP.
  • HIRSCHL, Ran (2007). Towards Juristocracy: The Origins and Consequences of the New Constitutionalism. Harvard: Harvard UP.
  • MOWBRAY, Alastair (2007). Cases and Materials on the ECHR. Oxford: Oxford UP.
  • SCHEU, Harald Christian (2005). Problematika judiciálních mechanismů v současném mezinárodním právu. Praha: Eurolex Bohemia.
  • GUARNIERI, Carlo and Patrizia PEDERZOLI. The power of judges : a comparative study of courts and democracy. Edited by C. A. Thomas. Oxford: Oxford University Press, 2002, viii, 235. ISBN 0198298358. info
Teaching methods
The course is divided into two educational schemes - into lectures and seminars. While the lectures are aimed at theoretical aspects of the subject (the concept of judicialization, or the attitudes between the theories of intl. relations and international law), the seminars (the students are expected to prepare for by their written position papers) demand active and more practical knowledge of the issues (e. g. the ability to find, interpret and understand the case-law of selected judicial bodies). The students ability to bring and defend their own arguments is practiced within the teachers directed and moderated class discussion. Guest lectures by invited practitioners are conducted as well.
Assessment methods
The course is finished by written exam. During the semester, students are preparing position papers on cases and on selected academic literature.
Language of instruction
Czech
Further Comments
Study Materials
The course is taught annually.
Listed among pre-requisites of other courses
The course is also listed under the following terms Autumn 2009, Autumn 2011.
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