International Dispute Settlement

This subject is not offered in 2016.

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

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 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 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/

The settlement of international disputes is a cornerstone of international relations. Recent complex disputes arising from the territorial and resource claims, trade, investment and peace and security have given rise to a range of concerns about the effectiveness of international law to deal with disputes. This subject, therefore, seeks to provide students with an expert understanding grounded in theory and practice of how international law applies to the settlement of disputes, and the integrated means and methods used by the international community in settling such disputes. The subject will focus on peaceful settlement of disputes as opposed to the use of force. It will examine the role of the United Nations (UN) and regional organisations, and international courts and tribunals in a range of contexts. The subject will provide students with an ability to critically evaluate the advantages and disadvantages of particular dispute settlement means and mechanisms, taking into account recent developments.

Principal topics will include:

• The historical development of international dispute settlement
• The role of international organisations and states engaged in settling international disputes
• Key treaties and agreements used in international dispute settlement
• The means and methods used to settle international disputes peacefully
• Implementation of the law, through case studies
• Current issues arising in the development of the law concerning international dispute settlement.

The settlement of international disputes is a cornerstone of international relations. Recent complex disputes arising from territorial and resource claims, trade, investment, and peace and security have given rise to a range of concerns about the effectiveness of international law to deal with disputes. This subject, therefore, seeks to provide students with an expert understanding grounded in theory and practice of how international law applies to the settlement of disputes, and the integrated means and methods used by the international community in settling such disputes. The subject will focus on peaceful settlement of disputes as opposed to the use of force. We will examine the role of UN and regional organisations, and international courts and tribunals in a range of contexts. The subject will provide students with an ability to critically evaluate the advantages and disadvantages of particular dispute settlement means and mechanisms, taking into account recent developments.

Take-home examination (100%)

or

10,000 word research paper (100%) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

This subject is not available as a breadth subject.

This subject has a quota of 30 students. Please refer to the website www.law.unimelb.edu.au/masters/courses-and-subjects/subjects/subject-timing-and-format for further information about the management of subject quotas and waitlists.