Peaceful Settlement of International Disputes - LAWS8082
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Kensington Campus
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 2
Enrolment Requirements:
Prerequisite: Academic Program must be either 9200, 9210, 9230, 5740, 9235, 5235, 9240, 5760, 9211, 5211, 9281, 5281, 9220 or 5750.
Excluded: JURD7388, JURD7782, LAWS3188
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
This course is also available to students undertaking relevant postgraduate non-law degree programs at UNSW, provided such enrolment is approved by the appropriate non-law Faculty.
LLM Specialisation
Recommended Prior Knowledge
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 selected disputes and institutions, including the settlement of trade disputes in the World Trade Organisation 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
Case Study - 20%
Essay - 70%
Course Texts
JG Merrills, International Dispute Settlement (5th edn, Cambridge University Press, Cambridge, 2011)
J Collier and V Lowe, The Settlement of Disputes in International Law: Institutions and Procedures (Oxford University Press, Oxford, 1999)
Resources