Litigating before International Courts

This subject has the following teaching availabilities in 2013:

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.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

International courts and tribunals play an increasing role in international dispute settlement and in maintaining minimum or agreed standards in many fields. The subject introduces students to the range of judicial procedures available for the settlement of international disputes. Following an overview of the principal international courts and tribunals, the subject covers eight core subjects of the adjudication of claims that are common to all or most international courts and tribunals. Reference is made to the constituent documents and judicial decisions of the International Court of Justice, the International Tribunal for the Law of the Sea, the Permanent Court of Arbitration and also to the decisions of ad hoc tribunals in inter?State disputes.

The lecturer, Professor James Crawford SC, has held chairs in international law in Australia and the United Kingdom for 30 years, and has been involved as arbitrator, counsel or expert in almost 100 international claims.

Principal topics will include:

• Introduction to international courts and tribunals
• Jurisdiction
• Admissibility
• Justiciability and arbitrability
• Applicable law
• Characterisation
• Provisional measures
• Remedies in international adjudication
• Challenging international decisions
• Recognition and enforcement of international decisions
• Overlapping jurisdictions and the fragmentation of international law.

A student who has successfully completed this subject will:

• Attain a familiarity with the primary sources and secondary literature on the subject;
• Be able to apply their knowledge to the resolution of hypothetical problems arising in the adjudication of disputes involving one or more state parties.
• Be better qualified to participate as counsel in international disputes and to critique outcomes.

Take-home examination (100%) (10–13 May)

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.