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Postgraduate Handbook

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Peaceful Settlement of International Disputes - LAWS4082
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 9230, 9240, 5740, or 5760
 
 
Excluded: LAWS2088
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

Disputes are as much an inevitable part of relations between States as they are of relations between individuals. Article 2(3) of the Charter of the United Nations calls upon States to 'settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered'. This course examines the adjudicatory and non-adjudicatory procedures which exist for settling disputes between States.

LLM Specialisation

International Law

Recommended Prior Knowledge

Prior knowledge of international law is useful but is not essential. Nevertheless, students are encouraged to take the basic Public International Law course either prior to or concurrently with this course.

Course Objectives

  • To examine and understand the various settlement mechanisms available for resolving, in a peaceful manner, disputes arising between States
  • To develop students' awareness of the appropriateness of particular settlement mechanisms to particular disputes
  • To examine and critically assess the practice and procedure of the International Court of Justice
  • To develop students' discipline in the advocacy of the peaceful settlement of international disputes

Main Topics

  • The General Obligation
  • Non-Judicial Methods of Settlement
  • Settlement by The International Court of Justice
  • International Arbitration: The Hague Peace System
  • Ad Hoc Inter-State Arbitration
  • The Iran-US Claims Tribunal
  • The International Centre for Settlement of Investment Disputes
  • Settling Disputes about Human Rights
  • Dispute Settlement in the Law of the Sea
  • Settlement of International Economic Disputes
  • Regional Organizations and Dispute Settlement

Assessment

Class participation Preparation and engagement in class 20%
Research essay 5,000 - 7,000 words 80%
Undergraduate students may elect to undertake the following assessment rather than the research essay:
Take-home exam 80%
 

Course Texts

Prescribed

  • J Collier and V Lowe, The Settlement of Disputes in International Law: Institutions and Procedures (Oxford University Press, Oxford, 1999)
  • Supplementary Materials prepared by the Lecturer and available at the UNSW Bookstore
Recommended
  • JG Merrills, International Dispute Settlement (4th edn, Cambridge University Press, Cambridge, 2005)
  • Detailed lecture outlines, reading lists and suggestions for further reading will be distributed to students enrolled in the course prior to the first class.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.