UNSW Handbook Course - Settlement of International Disputes

Settlement of International Disputes - JURD7388


	Faculty: Faculty of Law
	School: Faculty of Law
	Course Outline: http://www.law.unsw.edu.au/
	Campus: Kensington Campus
	Career: Postgraduate
	Units of Credit: 6
	EFTSL: 0.12500 (more info)
	Indicative Contact Hours per Week: 3
	Enrolment Requirements:
	36 UOC completed in Juris Doctor Program (9150)
	Excluded: JURD7782, LAWS3188, LAWS8082
	CSS Contribution Charge:Band 3 (more info)
	Tuition Fee:See Tuition Fee Schedule
	Further Information: See Class Timetable

Description

Disputes are as much an inevitable part of relations between States as they are of relations between individuals. This course addresses the methods and institutions for the resolution of disputes between States and between States and other actors in the international system.
This course focuses on the intersection of international law and dispute resolution – the settlement of disputes between States and between States and other actors in the international system. Disputes may arise in a number of contexts: territorial disputes; issues of state responsibility; trade and economic disputes; violations of human rights and international humanitarian law; and in the law of the sea. First, this course examines the obligations of States to settle disputes peacefully. It then considers the methods and institutions that can be used to resolve disputes, including political and legal, formal and informal, and permanent and ad hoc mechanisms. There is a particular focus on the practice and procedure of the International Court of Justice.
While there will be some opportunity for practical application of the material studied in this course, it is not a mooting course. It is, however, recommended for those students considering participating in the International Law Competitive Moot course (LAWS3086).

Recommended Prior Knowledge
LAWS3381 or JURD7481 Public International Law or equivalent is a recommended pre-requisite.

Course Objectives

To develop an understanding of the unique dynamics of disputes between sovereign states in the international system
To be familiar with the principles of international law that create the obligation upon states to peacefully resolve international disputes
To examine and critically assess the various settlement mechanisms available for resolving, in a peaceful manner, disputes arising between states.
To develop awareness of the appropriateness of particular settlement mechanisms to particular disputes
To apply skills of conflict analysis to international scenarios.
To develop an awareness of academic literature in the field, including critiques of the proliferation of international judicial bodies.

Main Topics

Obligations in international law to settle disputes peacefully, including obligations contained in the United Nations Charter and specific international agreements.
The institutional and ad hoc mechanisms available for state-state dispute settlement, including conciliation, good offices, mediation, fact finding, inquiry, and adjudication.
The role of non-state actors in international disputes.
Case studies of particular disputes or institutions, including the settlement of trade disputes in the World Trade Organisation, the South African Truth and Reconciliation Commission, and the 2000 Tokyo Women’s Tribunal.
Systemic issues in international dispute settlement, such as the availability of enforcement mechanisms; regionalism and the consequences of the increasing number of judicial bodies.

Assessment

Class Participation – 15%
Case Study - 25%
Essay - 60%

Course Texts

Pescribed

JG Merrills, International Dispute Settlement (5th edn, Cambridge University Press, Cambridge, 2011).

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.