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所在平台: Coursera |
课程主页: https://www.coursera.org/learn/arbitration-international-disputes
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课程名称:国际法的实践:国际争端的仲裁 课程概述:本课程是莱顿大学国际法系列课程的第三部分,重点探讨国际仲裁这一国际争端解决的常用方法。通过课程学习,您将全面理解国际仲裁的各个方面,包括其作为争端解决机制的角色、相关机构、适用法律领域及著名裁决等内容。我们将共同探讨一个主要问题:“国际仲裁能否通过解决国家与国家之间及国家与非国家行为者之间的争端,促进和平世界的建立?” 在课程中,我们将学习仲裁的基本历史概念,深入了解设在海牙的常设仲裁法院的工作。我们将探讨国际仲裁在海洋法争端解决中的作用,尤其关注南海仲裁案。此外,课程还将专注于投资仲裁,介绍投资争议解决中心(ICSID)的原则和程序。最后,我们将探讨国家豁免权与仲裁裁决执行之间的相互影响,以尤科斯仲裁案为案例进行分析。 本课程旨在让您更好地理解国际仲裁及其相关的当前问题,获取仲裁原则和规则的深入知识。我们将通过具体案例和著名仲裁的探讨,帮助您理解国际仲裁在法律与政治之间的交织关系。海牙是国际仲裁的中心,许多重要的仲裁机构和争端都在这里诞生。 加入我们,成为国际仲裁的专家吧! 课程免费参与,提供可验证的证书(需付费)。如需证书但无法支付,可以通过Coursera申请经济援助。 课程大纲: 1. 欢迎来到课程:介绍模块,您可以在论坛中与其他学习者见面,并在学习过程中寻求帮助。 2. 国际仲裁的历史与一般原则:学习国际仲裁的历史、一般原则以及常设仲裁法院的角色。 3. 仲裁与海洋法:探讨国际仲裁在1982年《海洋法公约》下解决国家争端的作用,以及南海仲裁案的分析。 4. 投资仲裁:专注于国家与非国家行为者之间的投资条约仲裁,以及ICSID的程序与原则。 5. 国家豁免权与国际仲裁裁决的执行与有效性:了解仲裁裁决作出后的处理,以及尤科斯仲裁案在国家豁免权与裁决执行中的示范性。 欢迎参加课程,提升您的国际仲裁知识!
Name:Welcome to the course
Description:Welcome ! Before you start we invite you to first go through our introduction module and introduce yourself in the forum to meet your fellow learners. If you encounter any difficulties while studying, please let us know in the forum. For technical difficulties or questions regarding the course certificate, you can always contact the Coursera Learner Center. Good luck & we hope you will enjoy this course.
Name:The History and General Principles of International Arbitration
Description:Have you read all the tips for studying online? Are you ready to delve into the world of dispute settlement through international arbitration? This week, you will learn the history of international arbitration and the general principles of international arbitration. We will also discuss the work of the Permanent Court of Arbitration and its role as administrator of arbitrations.
Name:Arbitration and the Law of the Sea
Description:This week will explore the role of international arbitration in settling disputes between States under the 1982 Law of the Sea Convention (UNCLOS). Why do States choose arbitration to settle their disputes regarding the law of the sea? To answer this question, we will study how arbitration fits into the complex dispute settlement architecture of UNCLOS, and discuss the option given to States parties to choose either arbitration or settlement through adjudication before the International Court of Justice or the International Tribunal for the Law of the Sea. We will conclude this week with an analysis of the famous dispute between the Philippines and China in relation to the parties' maritime entitlements in the South China Sea. Through this case, you will learn how arbitration navigates between law and politics.
Name:Investment Arbitration
Description:Do you remember, from the first week, the different types of parties to a dispute? What makes an arbitration 'mixed'? This week, we will focus on investment treaty arbitration, the most notable example of arbitration between States and non-State actors. I will introduce you to the main principles of investment treaty arbitration, and the procedure at the International Centre for Settlement of Investment Disputes (ICSID).
Name:State Immunity and the Enforcement & Validity of International Arbitral Decision
Description:What happens after an arbitral award has been rendered? Can an award be invalidated? How are arbitral awards enforced? This week, we will see how a ‘valid’ decision can be rendered and what the parties who are dissatisfied with a decision can or cannot do. More specifically, you will learn about the aftermath of the Yukos Arbitration, an investment arbitration that perfectly illustrates the interplay between state immunity and the enforcement of arbitral awards.
‘The Arbitration of International Disputes’ is the third course of Leiden University’s series on International Law in Action. The first course covered generalities on the international courts and tribunals in The Hague, while the second course provided an insider's perspective into the work of international criminal courts and tribunals. This third course explores the major aspects of international arbitration as one of the most common method of international dispute settlement . Through this course you will gain an in-depth understanding of the various facets of international arbitration through the analysis of its role as a mechanism of dispute settlement, its institutions, the fields of law it is applicable to, and, of course, its most famous awards. The main question we will answer together during this course is "Can international arbitration contribute to the creation of a peaceful world through the settlement of disputes between States and between States and non-State actors?" In order to do so, we will learn the basic historical concepts or arbitration, as well as everything there is to know about the Permanent Court of Arbitration, based in The Hague. We will then dive into the role of international arbitration in settling disputes relating to the Law of the Sea, with a particular insight into the landmark South China Sea Arbitration. For an entire module, we will focus on investment arbitration, its principles and the procedure of the ICSID, the International Centre for Settlement of Investment Disputes. We will conclude the course with a module on the interplay between state immunity and enforcement of arbitral awards. This is brought to light through the Yukos Arbitration which is a perfect illustration of the topic. This course offers you an opportunity to gain a better insight into international arbitration, its role and the current issues relating to it. You will gain in-depth knowledge of the principles and rules of arbitration. You will explore the topic through concrete examples and the most prominent arbitrations. You will also grasp the notion of international arbitration navigating between law and politics. International arbitration and The Hague go hand in hand: several key arbitration institutes are located in The Hague and important disputes were settled here through arbitration. The Hague is, so to speak, ‘the place to be for international arbitration’, especially when we are dealing with arbitration between States, or arbitration of investment disputes between foreign investors and States. Join us for the course and become an expert on international arbitration! This course is free to join and to participate in. There is the possibility to get a verified certificate for the course, which is a paid option. If you want a certificate, but are unable to pay for it, you can request financial aid via Coursera.