This course aims to provide an advanced, experiential understanding of the theory and practice of international dispute resolution (IDR) as a technique for resolving international law disputes. During the course theories and concepts are introduced and then reinforced through simulation exercises based on real-world dispute scenarios. In each simulation all students will play an active role as either a party to the dispute or a third-party dispute resolution mechanism. The simulations will provide students with direct experiential learning opportunities relating to the operation of the six primary IDR mechanisms provided for in Article 33 of the United Nations Charter: Negotiation, Inquiry, Mediation, Conciliation, Arbitration and Judicial Settlement.  

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Synthesise, analyse and apply the principles of international law relating to international dispute resolution;
2. Critically evaluate processes by which international dispute resolution is undertaken and the roles played by the most important courts, tribunals and institutions;
3. Review, compare and contrast the benefits and pitfalls of various international dispute resolution techniques;
4. Reflect critically on the role of international law in pacifying international relations and its interplays with politics;
5. Critically analyse major international dispute resolution institutions and mechanisms, including the International Court of Justice; and
6. Plan and execute complex legal research in an area of international dispute resolution.

Research-Led Teaching

The learning outcomes and aligned assessment for this course are designed to strengthen the capacity of students to conduct top-quality independent research and analysis. The course exposes students to contemporary research and debates on a range of mechanisms for international dispute resolution. Students will also have the opportunity to benefit from the insights of a number of guest presenters who have extensive experience in the IDR mechanisms that are covered during the course.

Required Resources

The required textbook for the course is J.G. Merrills, International Dispute Settlement, 7th ed (Cambridge University Press: Cambridge, 2022).

The following text is also recommended: Yoshifumi Tanaka, The Peaceful Settlement of International Disputes (Cambridge University Press, 2018).

Both texts are available at the ANU branch of Harry Hartog: http://www.harryhartog.com.au/textbooks. Additional resources will be made available via the course WATTLE site.

Recommended Resources

The following books are available through the ANU Law Library:

• James Crawford, Brownlie’s Principles of Public International Law (8^th, 2012)
• John Collier and Vaughan Lowe, The settlement of disputes in international law: institutions and procedures (1999)
• Marise Cremona, Anne Thies and Ramses A. Wessel (eds), The European Union and dispute settlement (2017)
• Laurence Boisson de Chazournes, Marcelo Kohen, and Jorge E. Vinuales (eds), Diplomatic and judicial means of dispute settlement (2013)
• Roger Fisher, William Ury & Bruce Patton, Getting to Yes (3rd 2011)
• L.M. Goodrich et al, Charter of the United Nations: Commentary and Documents (3^rd, 1969)
• D.J. Harris, Cases and Materials on International Law (7^th, 2010)
• Natalie Klein, Dispute Settlement in the International Law of the Sea (2005)
• Louis Kriesberg, International Conflict Resolution (1992)
• Arthur S. Lall (ed), Multilateral negotiation and Mediation: instruments and methods (1985)
• F.S. Northedge, International Disputes: The Political Aspects (1971)
• Mary Ellen O’Connell (ed), International Dispute Settlement (2003)
• Karin Oellers-Frahn & Norbert Wuhler, Dispute Settlement in Public International Law: Text & Materials (1984)
• Cesare P.R. Romano, The Peaceful Settlement of International Environmental Disputes: A Pragmatic Approach (2000)
• Donald R. Rothwell et al, International Law: Cases and Materials with Australian Perspectives (3^rd, 2018)
• J. Stone, Legal Controls of International Conflict (1954)
• Joaquin Tascan, The Dynamics of International Law in Conflict Resolution (1992)
• Francesco Orrego Vicuna, International dispute settlement in an evolving global society : constitutionalization, accessibility, privatization (2004)

The following journals may also be consulted:

• American Journal of International Law
• Australian Year Book of International Law
• European Journal of International Law
• International and Comparative Law Quarterly
• Journal of International Dispute Settlement

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to the whole class, to groups, to individuals, focus groups

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Extenuating Circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Pre-reading materials and podcasts will be made available on the course Wattle site. All students are expected to have gone through these materials prior to when intensive teaching starts on 9 November 2023.
2	This is an intensive course taught from 9am-5pm over 4 days, on 9, 10, 13 and 14 November 2023. As the course provides experiential, simulation-based learning opportunities, in which you will participate directly in six different real-life IDR scenarios, attendance is compulsory at all classes and all of each class.
3	I. Course IntroductionII. Australia's contributions to IDRIII. Principled NegotiationIV. Simulation 1: Multilateral Negotiation	9am-5pm, 9 November 2023
4	V. InquiryVI. Simulation 2: Inquiry VII. MediationVIII. Simulation 3: Mediation	9am-5pm, 10 November 2023
5	IX. ConciliationX. Simulation 4: Conciliation XI. ArbitrationXII. Simulation 5: Arbitration	9am-5pm, 13 November 2023
6	XIII. Judicial SettlementXIV. Simulation 6: Judicial Settlement (Kashmir)XV. Future directions in IDRXVI. Next steps: Course Assessment Q&A; intensive wrap-up	9am-5pm, 14 November 2023

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Reflective Journal Entry	30 %	28/11/2023	12/12/2023	1,2,3,5
Research Paper	70 %	03/01/2024	06/02/2024	1,2,4,6

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

The course provides experiential, simulation-based learning opportunities, in which you will participate directly in six different real-life IDR scenarios. Attendance is therefore compulsory at ALL classes (and all of each class).

If circumstances arise which are beyond your control and that you are unable to attend a class, you must contact the Course Convenor in advance (where possible). If it is not possible to give advance notice, you must send the convenor an email as soon as possible with evidence to support the reason for your absence.

Assessment Task 1

Reflective Journal Entry

Details of Task: Class participation and Reflective Journal Entry. Students will prepare a Journal Entry reflecting on their experiences in one or more of the course simulations. This means, in order to complete this task and this course, you must attend all classes and all of each class.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 30%

Word Limit: 1,800 words. A bibliography is not required. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Due Date: 5pm, 28 November 2023. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: 12 December 2023

Assessment Criteria:

1. Level of participation;
2. Effectiveness of participation;
3. Written expression;
4. Effective use of words to address key issues; and
5. Critical and analytical response to relevant material.

Assessment Task 2

Research Paper

Details of Task: Students are to write a research paper on a selected or an approved topic. It is expected that the paper addresses one or a number of issues covered in the course, either on a particular form of dispute settlement (ie. adjudication) or a particular international dispute.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 70%

Release: Research Paper topics will be released on November 9 2023. Student-proposed topics MUST be approved by the convenor no later than 17 November 2023.

Word Limit: 4,200 words. A Bibliography is required, but is not included in the word count. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Due Date: 5pm, 3 January 2024. As the due date for this task has already been adjusted to accommodate the Christmas and New Year public holidays, late submission or extension is not permitted.

Estimated Return Date: 6 February 2024

Assessment Criteria:

1. Understanding and discussion of relevant law;
2. Argument and response to question;
3. Critical and analytical response to relevant material or question/task;
4. Creativity and originality of approach;
5. Research of primary legal (case law, legislation, treaties, UN resolutions) and scholarly secondary sources;
6. Referencing and compliance with AGLC;
7. Effective use of words and word limit to address key issues;
8. Expression and written communication including use of legal terminology, spelling, etc;
9. Structure including logical development of content/material; &
10. Effective use of headings.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission will not be available.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students