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International Dispute Settlement (LAWS90022)
Graduate courseworkPoints: 12.5Online
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
May
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | May - Online |
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Fees | Look up fees |
This subject introduces the techniques and institutions used to manage and resolve international disputes, focusing on both diplomatic (negotiation, mediation, inquiry, and conciliation) and legal (arbitration and judicial settlement) methods. Students will explore historical and topical examples to analyse when, how, and with what effect states, corporations, and individuals have resorted to different forms of international adjudication or arbitration to settle disputes, and consider the extent to which powerful states such as China, France, Russia, the UK, and the US have embraced international dispute settlement. The subject provides detailed analysis of the jurisdictional, procedural, and compliance issues that have arisen in classic and current cases across various substantive areas of international law, including investment, trade, environment, human rights, nuclear testing, the law of the sea, the use of force, and territorial sovereignty. Students will become familiar with different dispute settlement bodies and mechanisms, including the International Court of Justice, investor-state dispute settlement mechanisms, the dispute settlement systems established by the World Trade Organization and the UN Law of the Sea Convention, regional human rights courts and tribunals, and dispute settlement under the Chinese Belt and Road initiative. We will conclude by examining and identifying emergent trends in and challenges to international dispute settlement.
Principal topics include:
- The broad historical and political context of international dispute settlement
- The international obligation to settle disputes by peaceful means
- The role of diplomatic procedures, such as negotiation, mediation, and conciliation
- The International Court of Justice, including issues involving state consent to jurisdiction, reservations to the optional clause, the evaluation of scientific evidence, and the Court's advisory jurisdiction
- Investor-state dispute settlement, including issues relating to jurisdiction, the use of precedent, and the recognition and enforcement of awards
- WTO dispute resolution procedures and the challenges facing the Appellate Body
- Dispute settlement under the UN Law of the Sea Convention
- Regional human rights courts and tribunals
- Dispute settlement under the Chinese Belt and Road initiative
- Backlash against and reform of international dispute settlement mechanisms
Intended learning outcomes
A student who has successfully completed this subject will:
- Be able to identify, analyse, and critically reflect on the diplomatic and legal forms of international dispute settlement
- Understand the processes and principles by which international courts and tribunals are created, and the typical procedural rules by which they operate
- Be familiar with key cases of the International Court of Justice, the International Centre for the Settlement of Investment Disputes, the Permanent Court of Arbitration, the World Trade Organization Appellate Body, and the dispute settlement mechanisms established by the Law of the Sea Convention
- Be knowledgeable about the types of treaties that are central to this field, including the statutes establishing relevant courts and tribunals, bilateral investment treaties, and treaties on enforcement of international arbitral awards
- Be able to evaluate the utility, legitimacy, and effectiveness of different dispute settlement mechanisms
- Be aware of the changes that are taking place in this significant field
- Have a sophisticated appreciation of the political dimension of international dispute settlement
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Description | Timing | Percentage |
---|---|---|
Take-home examination
| 2 - 5 July | 100% |
Hurdle requirement: Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- May - Online
Coordinator Anne Orford Mode of delivery Online Contact hours Total time commitment 150 hours Pre teaching start date 21 April 2021 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 19 May 2021 to 25 May 2021 Last self-enrol date 26 April 2021 Census date 20 May 2021 Last date to withdraw without fail 11 June 2021 Assessment period ends 5 July 2021 May contact information
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Merrills, JG, International Dispute Settlement (6th edition, Cambridge University Press, 2017), and
- Specialist materials will be made available via the LMS in the pre-teaching period.
Note: Students can access the prescribed text online in full via the Law Library. Downloads are limited.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022