International dispute resolution

International dispute resolution

The website of the International Court – to be found at www.icj-cij.org – carries a great deal of relevant and recent information on cases, including judgments as well as records of oral (and sometimes written) proceedings before the Court

It is essential to use the reading recourses materials I have provided in pdf, lecture handout, and seminar outline only if it relates to answering the question I have given. You MUST then make further research where necessary with academic databases like google scholar, west law , lexis library please let me know if you don’t have access to this so I can provide my log In details. Please do not hesitate to communicate with me where necessary.

Set out the law and set out different arguments.

Critically analyze different judgement and analyze if the courts are following those rule In those judgment and if its good or bad law question if you agree with the judgement. Make sure you share your view in light of the article.

It is essential to use the materials I have provided only if it relates to answering the question I have given. You can then make further research where necessary with academic databases like google scholar, west law , lexis library.

Evaluate every argument and avoid describing but CRITICALLY analyze every argument or judgement you put on

make use of academic legal databases like google scholar. lexis library, west law, Hein online

ICJ: INTERNATIONAL COURT OF JUSTICE

ITLOS: International Tribunal for the Law of the Sea

The question asks to compare how the exhaustion of the local remedies rule has been interpreted by the ICJ and ITLOS. The inherent powers of the courts to order interim/provisional measures is not what we understand under local remedies. These are remedies that should be exhausted before seizing the ICJ or ITLOS.

make sure you are answering the question AND ALWAYS REFER BACK TO THE QUESTION. please make sure you make use of the materials i have provided. please when writing the essay follow the marking criteria i have provided.

critically analyse with relevant sources, dont just be descriptive.

please use up to date academic sources only for your research.

use the catalogue and database like google scholar, westlaw, lexis library to find legal journals, and article

Critically assess: As with “assess”, but emphasizing your judgments made about arguments by others like academic sources, and about what you are assessing from different perspectives. This often means making the whole essay a reasoned argument for your overall case, based on your judgments.

The first thing is to understand wat the rule and you can talk about that at the introduction.

Introduction you need to explain what the rule is and refill the kind of things that those two bodies deal with

Look at the judgment and then move on to see if there is any critique writing about this subject, like academic critique (use google scholar)

Find cases where the icj and itlos have used the remedy and you are going to need to compare what they did with them and you’re going to need to take a view of what you think about that. Youre going to be making an argument about the way the icj and itlos used that rule. So that would be your overall argument, you are going to have to point out what the icj tends to do whether it is inconsistent or whether they have used the rule in the same way and the same time all the time or if there seems to be some confusion in the way that they have applied the rules.

You are going to have to make a judgment after but you can only make that judgement after you have found several cases where the icj and itlos have used the rule.

Find examples of the rule being used by both of those bodies

Youre only going to be able to figure out what your argument is by both of those judgements. You are comparing how the rule is used versus what the act is for.

And then use secondary critical analysis by academics who talk about this rule. Draw In those argument as well if they exists.

Look at it from different perspective. Fully understand what the rule is and fully understand how they are using it. Find out the inconsistencies on how the rule is being applied.

There is a rule about exhaustion of local remedies. There is a rule that says you have to exhaustion local remedies but before you start looking at other remedies you have to look at all of local remedies.

Find out what the local remedy rules about and what it refers to.

The key international bodies who are ruling on things from an international perspective and there is some kind of rule that says in international bodies they should exhaust local remedies first. If the dispute is taken to international bodies either the icj or the itlos would have to look at local remedies first. So if exhausting the local remedies first is a general principle you need to find the icj judgement first to see whether they are really sticking to that are they doing it right in your view

Firstly Find out what the exhaustion of local remedies rule means

Find cases that the icj and itlos organization relating to local remedies and how its being applied

Then consider why those cases where judged the way that they are and what academic discussion there is around that area.

Its about putting together all thee sorts of information so that you could come to a view about how these international bodies deal with the exhaustion of local remedies

Compare and contrast those two different bodies and how they handled that rule.

Then you need to get into your cases but before you start writing you should start looking at the cases and seeing where the commonality and differences are because you won’t know until you’ve read these cases were the issues are;

Identify the issues first lastly there is also a guide on how to approach legal essays.