This course focuses on the intersection of international law and dispute resolution and the settlement of disputes between States and between States and other actors in the international system. Disputes may arise in a number of contexts: territorial disputes; issues of state responsibility; trade and economic disputes; violations of human rights and international humanitarian law; and in the law of the sea. First, this course examines the obligations of States to settle disputes peacefully. It then considers the methods and institutions that can be used to resolve disputes, including political and legal, formal and informal, and permanent and ad hoc mechanisms. There is a particular focus on the practice and procedure of the International Court of Justice.
While there will be some opportunity for practical application of the material studied in this course, it is not a mooting course. It is, however, recommended for those students considering participating in the International Law Competitive Moot course (LAWS3086).
Main Topics
- Obligations in international law to settle disputes peacefully, including obligations contained in the United Nations Charter and specific international agreements.
- The institutional and ad hoc mechanisms available for state-state dispute settlement, including conciliation, good offices, mediation, fact finding, inquiry, and adjudication.
- The role of non-state actors in international disputes.
- Case studies of particular disputes or institutions, including the settlement of trade disputes in the World Trade Organisation, the South African Truth and Reconciliation Commission, and the 2000 Tokyo Women’s Tribunal.
- Systemic issues in international dispute settlement, such as the availability of enforcement mechanisms; regionalism and the consequences of the increasing number of judicial bodies.
