Peaceful Settlement of International Disputes - LAWS8082

Description

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