Overview
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.
About this paper
| Paper title | Special Topic 11: International Litigation and Dispute Settlement |
|---|---|
| Subject | Law |
| EFTS | 0.1 |
| Points | 15 points |
| Teaching period | Semester 2 (On campus) |
| Domestic Tuition Fees ( NZD ) | $730.20 |
| International Tuition Fees | Tuition Fees for international students are elsewhere on this website. |
- 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
- 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
- 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