Students

LAW 588 – International Dispute Settlement

2014 – S2 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Co-convenor
Chris Mitchell
christopher.mitchell@mq.edu.au
Contact via christopher.mitchell@mq.edu.au
TBA
TBA
Co-convenor
Natalie Klein
natalie.klein@mq.edu.au
Contact via natalie.klein@mq.edu.au
W3A526
Wednesdays, 1-2 during teaching weeks or by appointment
Chris Mitchell
christopher.mitchell@mq.edu.au
Credit points Credit points
3
Prerequisites Prerequisites
39cp or (6cp in LAW or LAWS units at 300 level)
Corequisites Corequisites
LAWS259 or LAW409 or LAW459 or LAW509
Co-badged status Co-badged status
This unit is co-taught with LAW888.
Unit description Unit description
The intense interaction between different actors in the international system inevitably leads to opposing views on issues and conflict. This unit considers traditional, non-adversarial dispute settlement in the international system, and then focuses on how various international courts and tribunals resolve disputes. An ongoing question is the effectiveness of these procedures, and the parties' compliance with the decisions of the different bodies.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • UNDERSTANDING AND INTERPRETING LAW AND POLICY RELATED TO INTERNATIONAL DISPUTE SETTLEMENT: Display a grasp of the role of the key actors and institutions involved in international dispute settlement and the legal principles governing that activity, doing so on the basis of engagement with the unit content and independent research.
  • CRITICAL ANALYSIS: Evaluate and critique on the basis of independent research and reading of relevant literature the operation of international courts and tribunals and the actions of stakeholders in engaging (or not) with those institutions
  • PROBLEM SOLVING: Untangle factual problems to elucidate, apply and assess relevant legal principles in international dispute settlement. Present informed views in oral and written form based on knowledge acquired through research in and engagement with the unit content.
  • EXPANDING GLOBAL PERSPECTIVES: Discuss, explain, and critique in oral and written form different viewpoints from an international perspective.
  • MAINTAINING ETHICAL STANDARDS: Present original and independent work for assessment that conforms with the letter and spirit of the Academic Honesty Policy and the Student Code of Conduct.

Assessment Tasks

Name Weighting Due
Class Participation 10% Ongoing
Short Answer Questions 40% 5pm, Monday, September 29
Research Assignment 50% 5pm, Monday, November 17

Class Participation

Due: Ongoing
Weighting: 10%

(a) Substantive requirements in relation to class participation

Students will be assessed on the basis of their knowledge, understanding and ability critically to evaluate the issues raised in each topic, as demonstrated through participation in class discussions and responses to assigned questions in the seminars. Students should generally be prepared to talk about the assigned readings, provide their own assessment of those readings, and contribute to the discussion of questions and problems set in relation to these readings. Students are also encouraged to participate in discussions that extend beyond these set questions and readings through their own evaluation of the issues raised.

(b) Formal requirements in relation to class participation

Students are required to attend tutorials for each of the 12 weeks that the unit runs during the semester OR both days of the oncampus session in their entirety. Internal students will be permitted a maximum of two unexplained absences from attendance at seminars. Students with more than two unexplained absences will get a zero mark for class participation, and, irrespective of marks gained in other assessment items, will be awarded a ‘Fail’ grade.

If a student is unable to attend any seminar, he or she should, within a reasonable time, provide a written explanation of the reason(s) for the absence together with any appropriate corroborating evidence, e.g. medical certificate. If you send this explanation via email, you should not expect that it is received unless a reply email confirming receipt is sent to you. If:

(a) the reason(s) for the absence are, in the opinion of the Convener, not justifiable reasons for not attending the relevant seminar(s); or

(b) no written explanation is provided to the Convener within a reasonable time,

the absence will be deemed to be an unauthorised absence for the purpose of the attendance requirement set out above.
On successful completion you will be able to:
  • UNDERSTANDING AND INTERPRETING LAW AND POLICY RELATED TO INTERNATIONAL DISPUTE SETTLEMENT: Display a grasp of the role of the key actors and institutions involved in international dispute settlement and the legal principles governing that activity, doing so on the basis of engagement with the unit content and independent research.
  • CRITICAL ANALYSIS: Evaluate and critique on the basis of independent research and reading of relevant literature the operation of international courts and tribunals and the actions of stakeholders in engaging (or not) with those institutions
  • PROBLEM SOLVING: Untangle factual problems to elucidate, apply and assess relevant legal principles in international dispute settlement. Present informed views in oral and written form based on knowledge acquired through research in and engagement with the unit content.
  • EXPANDING GLOBAL PERSPECTIVES: Discuss, explain, and critique in oral and written form different viewpoints from an international perspective.

Short Answer Questions

Due: 5pm, Monday, September 29
Weighting: 40%

You will be asked to respond in writing to FIVE questions, which will be posted on iLearn. Each written response will be limited to a maximum of 500 words and will be worth 8% of your final mark for the course (5 x 8% = 40%). The word limit does not include your footnotes, which should only contain your references and not substantive commentary. A bibliography is not required. The questions will be a mix of problem questions, reflective questions and essay-style questions. Substantive criteria for the Assignment will be provided on iLearn.
On successful completion you will be able to:
  • UNDERSTANDING AND INTERPRETING LAW AND POLICY RELATED TO INTERNATIONAL DISPUTE SETTLEMENT: Display a grasp of the role of the key actors and institutions involved in international dispute settlement and the legal principles governing that activity, doing so on the basis of engagement with the unit content and independent research.
  • CRITICAL ANALYSIS: Evaluate and critique on the basis of independent research and reading of relevant literature the operation of international courts and tribunals and the actions of stakeholders in engaging (or not) with those institutions
  • PROBLEM SOLVING: Untangle factual problems to elucidate, apply and assess relevant legal principles in international dispute settlement. Present informed views in oral and written form based on knowledge acquired through research in and engagement with the unit content.
  • EXPANDING GLOBAL PERSPECTIVES: Discuss, explain, and critique in oral and written form different viewpoints from an international perspective.
  • MAINTAINING ETHICAL STANDARDS: Present original and independent work for assessment that conforms with the letter and spirit of the Academic Honesty Policy and the Student Code of Conduct.

Research Assignment

Due: 5pm, Monday, November 17
Weighting: 50%

This written assignment is designed to enhance students’ ability to write legal advice; that is, to examine a legal problem and provide information, explanation and critical analysis in a clear, concise and relevant manner.  The problem question will involve assessing a hypothetical scenario and identifying the factual and legal issues raised by the scenario, undertaking research and providing your evaluation and recommendations as to the course of action to follow. The response is to be limited to 3,000 words maximum, not including footnotes. Substantive commentary is not to be included in footnotes. A bibliography is not required.  Substantive criteria for the Assignment will be provided on iLearn.
On successful completion you will be able to:
  • UNDERSTANDING AND INTERPRETING LAW AND POLICY RELATED TO INTERNATIONAL DISPUTE SETTLEMENT: Display a grasp of the role of the key actors and institutions involved in international dispute settlement and the legal principles governing that activity, doing so on the basis of engagement with the unit content and independent research.
  • CRITICAL ANALYSIS: Evaluate and critique on the basis of independent research and reading of relevant literature the operation of international courts and tribunals and the actions of stakeholders in engaging (or not) with those institutions
  • PROBLEM SOLVING: Untangle factual problems to elucidate, apply and assess relevant legal principles in international dispute settlement. Present informed views in oral and written form based on knowledge acquired through research in and engagement with the unit content.
  • EXPANDING GLOBAL PERSPECTIVES: Discuss, explain, and critique in oral and written form different viewpoints from an international perspective.
  • MAINTAINING ETHICAL STANDARDS: Present original and independent work for assessment that conforms with the letter and spirit of the Academic Honesty Policy and the Student Code of Conduct.

Delivery and Resources

Technology Used

While iLecture recordings will be made, students are expected to attend the lecture as well as tutorial.

An iLearn page will be available for this unit. Topical items will be posted for discussion and engagement with the unit content.

 

Delivery

The classes in this unit are being taught by Natalie Klein, Chris Mitchell and John Reid. The Unit Schedule indicates which teacher will be taking each topic. The teacher for each week will be responsible for the lectures and tutorials.  The unit is being co-convened by Natalie Klein and Chris Mitchell.

For internal students, this unit will be taught with a two-hour lecture and one hour tutorial. Depending on student numbers, the lecture may be conducted in seminar format. The location and time of classes available for internal students are provided in the University's Timetable.

External students must attend an oncampus session on 20-21 September as per attendance requirements for the class participation assessment task. Students must sign up at the Centre for Open Education for each day of the oncampus session.

All students will be expected to participate in online discussions via iLearn.

 

Required Text

There is no prescribed text for this unit, but readings will be placed on eReserve and the reading list will be posted on iLearn. 

Recommended Texts

The following texts are highly recommended:

•              J.G Merrills, International Dispute Settlement (Cambridge University Press, Cambridge, 5th ed, 2011)

•              J Collier and V Lowe, The Settlement of Disputes in International Law: Institutions and Procedures (Oxford University Press, Oxford, 1999)

•              Ruth Mackenzie, Cesare Romano, Yuval Shany, Phillipe Sands, The Manual on International Courts and Tribunals (Oxford University Press, Oxford, 2nd ed, 2010).

These texts have all been placed on Reserve at the Library.

 

Recommended Journals and Primary Materials:

Searching for international law articles is most easily facilitated through Lexis-Nexis (International Law Reviews, Combined library), and also through Hein Online.  Both databases are available through the Library website.  The following journals may be particularly useful: 

 1.       American Journal of International Law

2.       Australian Yearbook of International Law

3.       British Yearbook of International Law

4.       European Journal of International Law

5.       Yale Journal of International Law

6.       Harvard Journal of International Law

7.       Michigan Journal of International Law

8.       Virginia Journal of International Law

9.       NYU Journal of International Law and Politics

10.     International & Comparative Law Quarterly

11.     Melbourne University International Law Journal

 This list is by no means exclusive.  You may also wish to search on the Ebscohost database for political articles and news reports.  Research from scholarly books and journals should be preferred over random searches of the internet.

 The American Society of International Law has set up an Electronic Information System for International Law, www.eisil.org, which provides access to a range of primary documents and further websites on different international law topics.  For information on international courts and tribunals, the Project on International Courts and Tribunals, which is run out of NYU Law School, may be of use, and can be found at: www.pict_pcti.org

 The different international courts and tribunals tend to have their own websites, which include basic information about their functions and often links to judgments and other decisions.  The International Legal Materials (ILM) also compiles international cases, as well as international treaties and other decisions.  It can be searched in the Hein Online database.

Unit Schedule

The proposed schedule is set out below, but may be subject to change.  The relevant teacher for each week is indicated by the initials as follows: NK - Natalie Klein; CM - Chris Mitchell; JR - John Reid.

 

1.       Introduction/History/Proliferation: NK

2.       Non-Adversarial Processes: CM

3.       Individuals in International Dispute Settlement: CM

4.       Judges, Advocates and Participants: CM

5.       Jurisdiction and Admissibility: NK

6.       Intervention and Third Parties: NK

7.       Provisional Measures: NK

8.       Contentious Proceedings: JR

9.       Interaction with National Courts: CM

10.   Advisory Opinions and Other Judicial Functions: CM

11.   Remedies and Reparations: CM

12.   Enforcement and Compliance: CM

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html

Assessment Policy  http://mq.edu.au/policy/docs/assessment/policy.html

Grading Policy http://mq.edu.au/policy/docs/grading/policy.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html

Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Disruption to Studies

When a student suffers a disruption to study which is ‘serious and unavoidable’ they may apply for special consideration. In order to do so the student must meet the criteria under the Macquarie University "Disruption to Studies" policy and be approved by the Unit Convenor.  Applications are made online at ask.mq.edu.au. Outcomes for recognized serious and unavoidable disruptions to studies are as set out in the University schedule to the policy - http://www.mq.edu.au/policy/docs/disruption_studies/schedule_outcomes.html

When a disruption to study is not serious or unavoidable, no further special consideration is available, unless preparation for a written assessment task is affected in which case a short extension of no more than one week may be granted at the discretion of the co-convenor, Chris Mitchell.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/. 

When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.

Students in this unit are expected to have access to internet sources to engage with learning and teaching in the unit and to prepare their assessment tasks.

Graduate Capabilities

Capable of Professional and Personal Judgement and Initiative

We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.

This graduate capability is supported by:

Learning outcome

  • MAINTAINING ETHICAL STANDARDS: Present original and independent work for assessment that conforms with the letter and spirit of the Academic Honesty Policy and the Student Code of Conduct.

Assessment tasks

  • Short Answer Questions
  • Research Assignment

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • UNDERSTANDING AND INTERPRETING LAW AND POLICY RELATED TO INTERNATIONAL DISPUTE SETTLEMENT: Display a grasp of the role of the key actors and institutions involved in international dispute settlement and the legal principles governing that activity, doing so on the basis of engagement with the unit content and independent research.
  • CRITICAL ANALYSIS: Evaluate and critique on the basis of independent research and reading of relevant literature the operation of international courts and tribunals and the actions of stakeholders in engaging (or not) with those institutions
  • PROBLEM SOLVING: Untangle factual problems to elucidate, apply and assess relevant legal principles in international dispute settlement. Present informed views in oral and written form based on knowledge acquired through research in and engagement with the unit content.
  • EXPANDING GLOBAL PERSPECTIVES: Discuss, explain, and critique in oral and written form different viewpoints from an international perspective.

Assessment tasks

  • Class Participation
  • Short Answer Questions
  • Research Assignment

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • UNDERSTANDING AND INTERPRETING LAW AND POLICY RELATED TO INTERNATIONAL DISPUTE SETTLEMENT: Display a grasp of the role of the key actors and institutions involved in international dispute settlement and the legal principles governing that activity, doing so on the basis of engagement with the unit content and independent research.
  • CRITICAL ANALYSIS: Evaluate and critique on the basis of independent research and reading of relevant literature the operation of international courts and tribunals and the actions of stakeholders in engaging (or not) with those institutions
  • PROBLEM SOLVING: Untangle factual problems to elucidate, apply and assess relevant legal principles in international dispute settlement. Present informed views in oral and written form based on knowledge acquired through research in and engagement with the unit content.

Assessment tasks

  • Class Participation
  • Short Answer Questions
  • Research Assignment

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • UNDERSTANDING AND INTERPRETING LAW AND POLICY RELATED TO INTERNATIONAL DISPUTE SETTLEMENT: Display a grasp of the role of the key actors and institutions involved in international dispute settlement and the legal principles governing that activity, doing so on the basis of engagement with the unit content and independent research.
  • CRITICAL ANALYSIS: Evaluate and critique on the basis of independent research and reading of relevant literature the operation of international courts and tribunals and the actions of stakeholders in engaging (or not) with those institutions
  • PROBLEM SOLVING: Untangle factual problems to elucidate, apply and assess relevant legal principles in international dispute settlement. Present informed views in oral and written form based on knowledge acquired through research in and engagement with the unit content.

Assessment tasks

  • Class Participation
  • Short Answer Questions
  • Research Assignment

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Assessment tasks

  • Class Participation
  • Short Answer Questions
  • Research Assignment

Engaged and Ethical Local and Global citizens

As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.

This graduate capability is supported by:

Learning outcomes

  • UNDERSTANDING AND INTERPRETING LAW AND POLICY RELATED TO INTERNATIONAL DISPUTE SETTLEMENT: Display a grasp of the role of the key actors and institutions involved in international dispute settlement and the legal principles governing that activity, doing so on the basis of engagement with the unit content and independent research.
  • CRITICAL ANALYSIS: Evaluate and critique on the basis of independent research and reading of relevant literature the operation of international courts and tribunals and the actions of stakeholders in engaging (or not) with those institutions
  • PROBLEM SOLVING: Untangle factual problems to elucidate, apply and assess relevant legal principles in international dispute settlement. Present informed views in oral and written form based on knowledge acquired through research in and engagement with the unit content.
  • EXPANDING GLOBAL PERSPECTIVES: Discuss, explain, and critique in oral and written form different viewpoints from an international perspective.

Assessment tasks

  • Class Participation
  • Short Answer Questions
  • Research Assignment

Changes since First Published

Date Description
16/07/2014 An update on the application of the Disruption to Studies policy.