University of Melbourne
This subject introduces the techniques and institutions used to manage and resolve international disputes, focusing on both diplomatic (negotiation, mediation, inquiry, and conciliation) and legal (arbitration and judicial settlement) methods. Students will explore historical and topical examples to analyse when, how, and with what effect states, corporations, and individuals have resorted to different forms of international adjudication or arbitration to settle disputes, and consider the extent to which powerful states such as China, France, Russia, the UK, and the US have embraced international dispute settlement. The subject analyses key issues that have arisen in cases across various substantive areas of international law, including decolonisation, investment, trade, climate change, human rights, nuclear testing, the law of the sea, the use of force, and territorial sovereignty. Students will become familiar with different dispute settlement bodies and mechanisms, including the International Court of Justice, investor-state dispute settlement mechanisms, the dispute settlement systems established by the World Trade Organization and the UN Law of the Sea Convention, and international human rights courts and tribunals. The subject concludes by examining and identifying emergent trends in, and challenges to, international dispute settlement.
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