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|
|Teaching period||Not offered in 2021, expected to be offered in 2022 (On campus)|
|Domestic Tuition Fees (NZD)||$679.70|
|International Tuition Fees (NZD)||$3,212.40|
- 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)
- Teaching staff
- 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
Course readings via eReserve
- Graduate Attributes Emphasised
- Global perspective, Interdisciplinary perspective, Lifelong learning, Scholarship,
Communication, Critical thinking, Cultural understanding, Research, Self-motivation,
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.