INTERNATIONAL DISPUTES SETTLEMENT

INTERNATIONAL DISPUTES SETTLEMENT

This LL.M. program provides the opportunity of an in-depth study of international dispute settlement from a broad range of perspectives. The program covers all current approaches to the subject-matter, including public international law and private law, and includes many relevant fields, such as commercial and investment arbitration, WTO dispute resolution, proceedings before international courts (ICJ, ICC, ECHR), as well as sport arbitration.   
Students are required to complete 5 mandatory courses (each for 8 credits). Moreover, they are obliged to choose and complete at least 4 optional courses (each for 5 credits). They also may choose 1 out of 3 optional practical courses: Moot Courts (for 8 credits). In the third semester students are expected to attend a LL.M. Thesis Seminar (5 credits), complete an LL.M. thesis under the supervision of a tutor and defend it before a committee (25 credits). 
 

  • Mandatory courses

    Winter semester:

    The Organization of International Dispute Settlement; responsible supervisors: prof. JUDr. Vladimír Balaš, CSc., prof. JUDr. Pavel Šturma, DrSc.

    Within this course, students will focus on various ways of peaceful settlement of disputes available at the international level to states and other actors that are parties to such disputes. The course will deal with historical, political, and legal aspects of various disputes. It will take into consideration legal and political questions that have an impact on the choice of specific methods of dispute resolution, whether it is negotiation, judicial dispute resolution, or coercion. Within the methods involving decisions of courts, the course will particularly focus on the questions concerning the composition of the courts and on many other procedural issues. The goal of the course is to provide students with the knowledge of the requirements of the general international legal obligation to resolve any dispute by peaceful means, historical developments, and contemporary approaches to methods available for peaceful dispute resolution as they are listed in Article 33 of the UN Charter – negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement.
    The course will as well analyse legal and political questions related to the composition, functioning, and jurisdiction of the international courts and tribunals – both permanent and ad hoc ones, advantages and disadvantages of the above-mentioned methods of dispute settlement, their interrelation, and the factors affecting their effectiveness. The course will also deal with the issue of the proliferation of international judicial bodies and with the problem of competing jurisdictions closely related to it.

    Judicial Protection of Rights in the Czech Republic; responsible supervisor: prof. JUDr. Alena Macková, PhD.

    The course focuses on fundamentals of the theoretical background and principles of judicial protection of rights in the Czech legal system. It includes the system of justice (esp. private law judiciary), the providing of the legal services and legal aid, the position of the notaries, executors, and other legal professions. The special emphasis is given to private law litigation, alternative dispute resolution, and the enforcement of judgments.

    International Commercial Arbitration; responsible supervisor: JUDr. Martin Svatoš, PhD. 

    International commercial arbitration is regarded as a default dispute resolution tool in the field of cross-border commerce. In this course, the students will go through the most important topics related to international arbitration law. Although, the focus is set in the Czech law, the other most important jurisdiction related to international commercial arbitration will be taken into consideration too. Apart from theoretical knowledge, the participants will also learn very important practical skills as some of the lectures are dedicated to dispute resolution clauses drafting, arbitration advocacy, and institutional rules.

    Summer semester:

    Trade and Investment Arbitration; responsible supervisor: prof. JUDr. Vladimír Balaš, CSc.

    The course focuses on two areas of international economic law that developed the specialized systems of dispute settlement. On the one hand, the creation of the World Trade Organization in 1995 brought a revised mechanism for the obligatory settlement of inter-state trade disputes. Since that time, the Dispute Settlement Body with the two-tier system (panels and Appellate Body) has elaborated a considerable corpus of decisions. There are rules on dispute settlement under bilateral or regional trade agreements, such as NAFTA (replaced by USMCA), or EU-South Korea FTA, which include WTO style arbitration for inter-State disputes. On the other hand, substantive standards of treatment and protection set in the BITs and other international investment agreements have been developed by decisions of the ICSID and ad hoc arbitral tribunals. The EU aims at replacing arbitration by the permanent investment court system (ICS) in its newly negotiated agreements on free trade and/or investments. The course will provide participants with in-depth information on both the traditional and new forms of dispute settlement in the area.

    Jurisdictional Immunities; responsible supervisors: prof. JUDr. Pavel Šturma, DrSc., prof. JUDr. Vladimír Balaš, CSc.

    The course seeks to shed more light on some questions and contradictions of both state immunity and immunity of state officials. Immunities of states as well as related forms of immunities, such as the immunity of state officials, belong to the traditional topics of international law. The law of immunities belongs to the areas of international law which are most frequently interpreted and applied by domestic judges. Even though they may also rely on some internal laws, they still have to apply international (customary) law. The ILC has placed the topic “Immunity of State officials from foreign criminal jurisdiction” on its programme. The course will cover all the above mentioned questions, and more. 
     

  • Optional courses

    Winter semester:

    Special Guest Lecture on the International Court of Justice; H.E. Dr. Peter Tomka, Judge and former president of the ICJ

    Mediation; responsible supervisor: JUDr. Martin Svatoš, PhD.
    Mediation is as an amicable mode of alternative dispute that became an inseparable part of resolution of the both commercial and civil disputes. This curriculum focuses not only on the Czech regulation but mainly on the international use of mediation. It provides the participants with both theoretical and practical knowledge of mediation use. The course is built as an interactive curriculum that requires students’ active participation in numerous roles playing, exercises, and discussions. It covers the basics of the mediation process, techniques, and skills.

    Studies of the International Criminal Court Case Law; responsible supervisor: JUDr. Milan Lipovský, PhD.
    The course is intended for students with interest in current issues of International Criminal Law (e.g., the crime of aggression, principle of complementarity, sexual and gender-based crimes, victims etc.). Each lecture consists of introductory presentation and discussions based on readings of the case law of the Court. A basic orientation in public international law is expected.

    Case law of the European Court of Human Rights; responsible supervisor: JUDr. Mgr. Alla Tymofeyeva, PhD.
    This optional course is intended for the students who want to learn how to effectively search, evaluate, and interpret the case-law of the European Court of Human Rights (the ECtHR). The aim of the course is to provide students with the theoretical knowledge and practical skills, which could be used in further study and practice of law. The ECtHR’ case-law affects a very wide range of legal fields and is applicable to both the procedural and substantive law. Knowledge of the basic principles of interpretation of the law of the ECHR and skills to quickly navigate through the individual judgments and decisions of the ECtHR, will help students to work effectively with legal texts. The course can also serve as preparation for the moot court competition in international or European human rights law in the English language. 

    Summer semester:

    Legal Compliance as Prevention of Disputes; responsible supervisor: Mgr. Milena Nosková, PhD., LL.M., MBA
    The aim of the course is to teach students to correctly assess the field of legal compliance as a crucial tool for the prevention of disputes, to understand key principles of legal compliance, and key concepts of hard compliance (GDPR, AML, whistleblowing, criminal liability of corporations, HR compliance, corporate governance, antitrust legislation) and soft compliance (culture of compliance, ethical compliance). Within this course, students shall be acquainted with foundations of risk assessment in legal compliance including risk assessment with respect to potential disputes, compliance programs, codes of conduct/ethical codes and legal compliance from organizational perspective, and dispute settlement perspective.


    Jessup Moot Court; responsible supervisor: JUDr. Milan Lipovský, PhD.
    The aim of the course (divided into Jessup I and Jessup II) is for students to acquire, while working on a (fictional, hypothetical) case, ability to effectively find, interpret and apply relevant sources of public international law, ability to use legal information systems that enable access to applicable law, court decisions, and other relevant sources, and also an ability to appear and effectively perform before the panel of judges., Students will compose their own submission pursuant to the rules of the competition simulating a submission to the International Court of Justice in The Hague. A final nomination to the student team representing the Faculty in the (inter)national competition(s) is not automatically granted and is subject to further selection procedure.

    International Investment Law and Arbitration Moot; responsible supervisor: Doc. JUDr. Vladimír Balaš, CSc.
    The course introduces one of the most dynamically developing fields of international law. By solving practical tasks and through simulation of fictional a dispute between an investor and host state, the student is acquainted with the basic concept of international investment law and generally with the protection of individuals in international law and acquires knowledge of the most commonly used procedural rules in international arbitration, especially of those used in investment arbitration. In addition to improvement of knowledge and specialization in international investment law, the student obtains skills necessary for practicing law that are related to legal research, analysis of evidences, composing written submissions, citation of sources, and oral presentation of arguments. 
    Final nomination to the student team representing the Faculty in the (inter)national competition(s) is not automatically granted and is subject to further selection procedure.

    Vis International Arbitration Moot; responsible supervisors: prof. JUDr. Vladimír Balaš, CSc., JUDr. Petr Bříza, Ph.D., LL.M.
    The course is devoted to the Vienna Convention on Contracts for the International Sale of Goods (CISG) and also international arbitration. The goal is to choose the best students and prepare them for representing the Law School in international Vis Moot Competition in Vienna and/or Hong Kong.
    Final nomination to the student team representing the Faculty in the (inter)national competition(s) is not automatically granted and is subject to further selection procedure.

    Dispute Resolution in Sport-Related Matters; responsible supervisor: prof. Dr. Michael Geistlinger, JUDr. David Kohout, PhD.
    Due to many specifics in the area of sport, which usually require fast decisions concerning the rights and obligations of the various subjects involved, the sport associations have created an internal system of bodies, which deal with most disputes that may arise in that particular discipline. Be it a doping case, dispute over a professional contract between a club and its player, or disqualification from competition etc., such cases are usually dealt with by specific sport tribunals in an expedited way. However, this does not mean that state courts or European courts would not play an important part in the jurisdiction over the sport-related disputes. The interplay of various decision-making bodies relevant for sport will be analysed in this course: a. Alternative Dispute Resolution vs. State Courts – Specifics of Dispute Resolution in Sport; b. Authority of Sport Associations to Decide about Athletes’ Rights and Duties; c. Types of Proceedings before Bodies of the Sport Associations; d. Court of Justice of the EU and European Court of Human Rights – Jurisdiction over Cases Related to Rights of Athletes; e. Court of Arbitration for Sport I. – Emergence, General Concept, Types of Proceedings; f. Court of Arbitration for Sport II. – Leading Case Law; g. Court of Arbitration for Sport III. – Recent Challenges and Future of ADR in Sport; and h. Jurisdiction in Specific Cases – Doping; Olympic Games.
     

     

Applicants without a valid visa need to apply
before April 30th each year.