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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 0.1000
Points 15 points
Teaching period Second Semester
Domestic Tuition Fees (NZD) $672.30
International Tuition Fees (NZD) $3,118.80

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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)

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Timetable

Second Semester

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

Lecture

Stream Days Times Weeks
Attend
A1 Tuesday 14:00-14:50 28-34, 36-41
Thursday 14:00-14:50 28-34, 36-41

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
Paper code LAWS481
Subject Law
EFTS 0.1
Points 15 points
Teaching period Not offered in 2021, expected to be offered in 2022
Domestic Tuition Fees Tuition Fees for 2021 have not yet been set
International Tuition Fees Tuition Fees for international students are elsewhere on this website.

^ Top of page

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
  • 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 2021, expected to be offered in 2022

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