International Dispute Resolution (LAWS90022)

International dispute resolution has increased dramatically in recent years, with the emergence of complex mechanisms for resolving disputes between states and between states and other actors, including international organisations, corporations, and persons. Older mechanisms, such as the International Court of Justice (ICJ) continue to play an important role in resolving key disputes. Through analysis of classic case law and doctrine, as well as recent cases, the student will acquire advanced knowledge of non-adjudicatory procedures (eg mediation), arbitration and judicial settlement in international law. Moreover, this course will explore specialised rules for resolving injury by States to foreign nationals, including foreign investors. The lecturer for this course has appeared before international courts and tribunals on behalf of numerous governments and private actors, has served as the United States agent to the Iran-US Claims Tribunal, and is presently a professor of international law and member of the United Nations International Law Commission.

Principal topics include:

• The international obligation to settle disputes
• Non-adjudicatory procedures, such as negotiation, mediation, and conciliation
• International arbitration, including establishing the arbitral body, typical procedural rules, and salient problems
• The International Court of Justice, including its formation, contentious/advisory jurisdiction, and ancillary issues
• Other international courts and tribunals
• Remedying injury to aliens and foreign investors, including key substantive standards (national treatment, most-favoured-nation treatment) and procedural rules (continuous nationality, exhaustion of local remedies)
• Contemporary cases of significance in this field.