Students
LAWS588 – International Dispute Settlement
2016 – S2 Day
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Co-convenor
Natalie Klein
Contact via natalie.klein@mq.edu.au
W3A526
Thursdays, 9-10am during teaching weeks or by appointment
Co-convenor
Joanna Mitchell
Contact via joanna.mitchell@mq.edu.au
Wednesdays, 1pm-2pm, or by appointment
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| Credit points |
Credit points
3
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| Prerequisites |
Prerequisites
(24cp in LAW or LAWS units) or 39cp
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| Corequisites |
Corequisites
LAWS259 or LAW409 or LAW459 or LAW509
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| Co-badged status |
Co-badged status
This unit is co-taught with LAW888.
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| 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.
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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 the timeframes available, 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 AND PROFESSIONAL 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. Conduct yourself as a legal professional through consistent attendance, punctuality, and respectful discourse.
General Assessment Information
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
Word limits will be strictly applied and work above the word limit will not be marked.
All written assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Assessment Tasks
| Name | Weighting | Due |
|---|---|---|
| Class Participation | 10% | Ongoing |
| Independent Research Questions | 60% | 5pm, Friday, Oct 14 |
| Short Answer Questions | 30% | 5pm, Saturday, Nov 12 |
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 tutorials or oncampus session. Students should be prepared to talk about the assigned readings, provide their own assessment of those readings and lecture content, and contribute to the discussion of questions and problems set in relation to assigned readings and lectures. Students are also 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
Internal students are to attend all tutorials during the semester and external students are to attend both days of the oncampus session. If you cannot attend and you meet the criteria for Disruption to Studies, you must so apply. Applications for Disruption to Studies are made online at ask.mq.edu.au Such an absence will constitute an 'explained absence' and will be taken into consideration in assessing class participation.
Further details on the assignment of tutorial questions to students, the class participation rubric and the assessment methodology will be posted 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 the timeframes available, 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 AND PROFESSIONAL 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. Conduct yourself as a legal professional through consistent attendance, punctuality, and respectful discourse.
Independent Research Questions
Due: 5pm, Friday, Oct 14
Weighting: 60%
Students will be required to research answers to 3 questions, out of a choice of 5 questions, about contemporary legal issues related to international dispute settlement. Each answer is to be a maximum of 1,000 words and will be given a mark out of 20, for a total mark out of 60. The questions will be posted on iLearn in Week 3.
Substantive and formal criteria and the marking rubric will be posted on iLearn. The assignment is to be posted via Turnitin on the iLearn site.
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 the timeframes available, 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 AND PROFESSIONAL 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. Conduct yourself as a legal professional through consistent attendance, punctuality, and respectful discourse.
Short Answer Questions
Due: 5pm, Saturday, Nov 12
Weighting: 30%
Students will be required to respond to questions based on a factual scenario, addressing issues covered in the prescribed readings, lectures or tutorials. The total word length for the assignment must not exceed 2000 words. A window of 32 hours will be provided to students, but the assignment will be designed to be answered within a 3-4 hour window so there is time to attend to other obligations within that window. The time period will run from 9am Friday, Nov 11 until 5pm Saturday, Nov 12.
Formal and substantive criteria will be posted on iLearn; the assignment is to be submitted via Turnitin on the iLearn site.
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 the timeframes available, 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 AND PROFESSIONAL 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. Conduct yourself as a legal professional through consistent attendance, punctuality, and respectful discourse.
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 and include information vital for the successful completion of this unit. Internet access is therefore required to undertake this unit. Topical items will be posted on iLearn for discussion and engagement with the unit content.
Delivery
The classes in this unit are being taught by Natalie Klein, Joanna Mitchell and John Reid. The Unit Schedule on iLearn 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 Joanna Mitchell.
For internal students, this unit will be taught with a two-hour lecture and one hour tutorial. 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 30 September-1 October as per attendance requirements for the class participation assessment task.
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)
- C.Romano et al, The Oxford Handbook of International Adjudication (Oxford University Press, Oxford, 2014)
- J Collier and V Lowe, The Settlement of Disputes in International Law: Institutions and Procedures (Oxford University Press, Oxford, 1999) [A new edition is underway but not likely to be available for teaching this unit]
- 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
A full Unit Schedule will be posted on iLearn. The topics covered in this unit include:
- History of international dispute settlement in international law
- Proliferation of international courts and tribunals
- Negotiation, mediation and conciliation
- Individuals in international dispute settlement
- Judges, advocates, participants
- Jurisdiction and admissibility
- Provisional measures
- Intervention and third parties
- Contentious proceedings
- Interactions with national courts
- Advisory opinions and other judicial functions
- Remedies and reparations
- Enforcement and compliance
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
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.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/
Results
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources 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 AND PROFESSIONAL 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. Conduct yourself as a legal professional through consistent attendance, punctuality, and respectful discourse.
Assessment tasks
- Class Participation
- Independent Research Questions
- Short Answer Questions
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 the timeframes available, 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
- Independent Research Questions
- Short Answer Questions
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 the timeframes available, in oral and written form, based on knowledge acquired through research in and engagement with the unit content.
Assessment tasks
- Class Participation
- Independent Research Questions
- Short Answer Questions
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 the timeframes available, in oral and written form, based on knowledge acquired through research in and engagement with the unit content.
Assessment tasks
- Class Participation
- Independent Research Questions
- Short Answer Questions
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
- Independent Research Questions
- Short Answer Questions
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 the timeframes available, 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
- Independent Research Questions
- Short Answer Questions
Changes since First Published
| Date | Description |
|---|---|
| 04/07/2016 | Change of Saturday, Nov 13 due date to Saturday, Nov 12 |