LAWS481 Special Topic 11: International Litigation and Dispute Settlement

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 2023 (On campus)
Domestic Tuition Fees (NZD)	$710.30
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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