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LAWS481 Special Topic 11: International Litigation and Dispute Settlement

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Examines the interrelationship between the main dispute resolution systems applicable to international disputes: international litigation, interstate dispute settlement, treaty-based dispute settlement between individuals and states, and international commercial arbitration.

Paper title Special Topic 11: International Litigation and Dispute Settlement
Paper code LAWS481
Subject Law
EFTS 0.1
Points 15 points
Teaching period Not offered in 2022 (On campus)
Domestic Tuition Fees (NZD) $691.30
International Tuition Fees Tuition Fees for international students are elsewhere on this website.

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Prerequisite
One of: (LAWS 312, LAWS 409, LAWS 412, LAWS 421, LAWS 424, LAWS 443 or LAWS 467)
Pre or Corequisite
Any 200-level LAWS paper not already passed
Limited to
LLB, LLB(HONS)
Contact

law@otago.ac.nz

Teaching staff

Dr Maria Hook

Paper Structure

Part I: Introduction

  • Boundaries between international litigation, interstate dispute settlement, treaty-based dispute settlement between individuals and states, and international commercial arbitration
  • International disputes: navigating between dispute resolution systems

Part II: Jurisdiction

  • Territorial jurisdiction, the foreign act of state doctrine and state immunity
  • Diplomatic protection, exhaustion of local remedies and treaty-based rights of action
  • The concept of party autonomy: submission, arbitration agreements

Part III: Choice of Law

  • International law in domestic courts
  • Domestic law on the international plane

Part IV: Interim Measures

  • Interim measures by domestic courts in aid of international dispute settlement
  • Interim measures by domestic courts in opposition of international dispute settlement

Part V: Enforcement

  • Domestic processes for enforcement of awards
  • Review by domestic courts
Textbooks

Course readings via eReserve

Graduate Attributes Emphasised
Global perspective, Interdisciplinary perspective, Lifelong learning, Scholarship, Communication, Critical thinking, Cultural understanding, Research, Self-motivation, Teamwork.
View more information about Otago's graduate attributes.
Learning Outcomes

Students who successfully complete this paper will:

  • Demonstrate understanding of the interrelationship between international litigation, interstate dispute settlement, treaty-based dispute settlement between states and individuals, and international commercial arbitration
  • Analyse issues relating to the interrelationship between these systems of dispute settlement
  • Conduct and communicate independent research on such issues

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Timetable

Not offered in 2022

Location
Dunedin
Teaching method
This paper is taught On Campus
Learning management system
Blackboard