The course is delivered in two Parts. Part I comprises four foundational 3-hour lectures (total 12 hours), which introduce the theory and history of International Dispute Resolution, as well as the six primary mechanisms of IDR contained in Article VI of the United Nations Charter. These mechanisms are: Negotiation, Mediation, Inquiry, Conciliation, Arbitration and Judicial Settlement. Part II comprises the 3-day Intensive IDR workshop (total 24 hours). This workshop provides experiential learning opportunities for students, as they participate in a series of real-life IDR simulations.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Define, explain, distinguish and apply the basic concepts and terminology of the international law relating to international dispute resolution;
- Define and distinguish amongst the variety of processes by which international dispute resolution is undertaken and the roles played by the most important courts, tribunals and institutions;
- Define, explain and apply the relevant principles of international dispute resolution as found in the 1945 Charter of the United Nations, and the 1945 Statute of the International Court of Justice;
- Explain and demonstrate through particular cases the relevance of international dispute resolution to current political and social developments at the international and national levels;
- Select and apply a range of approaches in written and oral communication, and apply critical thinking required to bring about creative solutions to complex international dispute resolution problems;
- Use, interpret and apply a wide range of legal materials in both on-line and traditional media from international and national sources; and
- Plan and complete a research project or task, with some independence.
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. The course convenor, Associate-Professor Jeremy Farrall, has an active international law research agenda, including on the role of the United Nations in promoting the peaceful settlement of international disputes. His books include Strengthening the Rule of Law through the UN Security Council(Routledge 2016, with Hilary Charlesworth),The Role of International Law in Rebuilding Societies After Conflict(Cambridge 2009, with Brett Bowden and Hilary Charlesworth), Sanctions, Accountability and Governance in a Globalised World(Cambridge 2009, with Kim Rubenstein) and United Nations Sanctions and the Rule of Law(Cambridge 2007).
Required Resources
Yoshifumi Tanaka, The Peaceful Settlement of International Disputes (Cambridge University Press: Cambridge, 2017).
Recommended Resources
J.G. Merrills, International Dispute Settlement, (6th ed, Cambridge University Press: Cambridge, 2017).
Staff Feedback
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments
- feedback to whole class, groups, individuals, focus group etc
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). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Other Information
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: 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 details on weekly classes and any announcements relating to the course.
Class Schedule
Week/Session | Summary of Activities | Assessment |
---|---|---|
1 | Course Introduction Australia's Approach to International Dispute Resolutions Definition and Types of International Disputes | Tues 28 July, 2pm to 5pm |
2 | Negotiation Mediation Inquiry | Tues 4 August, 2pm to 5pm |
3 | Conciliation Arbitration | Tues 11 August, 2pm to 5pm |
4 | Judicial Settlement | Tues 18 August, 2pm to 5pm |
5 | 3 day Intensive IDR Workshop 16 - 18 September (inclusive) Day 1 Wednesday 16 September 9am - 5pm Simulation 1: Negotiation Simulation 2: Mediation and Inquiry Day 2 Thursday 17 September 9am - 5pm Simulation 3: Conciliation Simulation 4: Arbitration Day 3 Friday 18 September 9am - 5pm Simulation 5: Judicial Settlement Final session: Future Directions for International Dispute Resolution | Weds 16 September to Fri 18 September, 9am - 5pm |
Assessment Summary
Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
---|---|---|---|---|
Attendance | 0 % | * | * | 1,2,3 |
Participation | 10 % | 18/09/2020 | 26/09/2020 | 1,4,5,6 |
International Dispute Resolution Advice | 30 % | 17/08/2020 | 14/09/2020 | 1,2,3,5 |
Research essay | 60 % | 19/10/2020 | 20/11/2020 | 2,4,6,7 |
* 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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
- Student Assessment (Coursework) Policy and Procedure
- Special Assessment Consideration Policy and General Information
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
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 Integrity . 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
For details on participation expectations and assessment, see the description above for Assessment Task 2: Participation.
Please note that it is estimated that effective participation in this course will be facilitated by undertaking around 6 hours of reading each week.
Assessment Task 1
Learning Outcomes: 1,2,3
Attendance
Brief Details: Students should endeavour to tune in to all live online lectures. Live online attendance via Zoom is compulsory for all workshop sessions (ie 24 of 36 contact hours). An attendance roll will be kept and it is each student’s responsibility to ensure that they are marked present, particularly if they connect to Zoom late. Late arrival may mean that a student is marked absent. If you are unable to connect due to a reason that is unexpected and beyond your control, then you should contact the convener as early as possible. You will be asked to provide documentation to support this absence (eg a doctor’s certificate or EAP). Clashing work or other personal commitments will not generally be an acceptable reason.
If you miss any workshop sessions without a legitimate justification you will receive a penalty of 5% of the total marks available in the course.
Nature of Task: Compulsory. Failure to complete the requirements may attract a penalty of 5%.
Weighting: 0 %. Unsatisfactory attendance may attract a penalty of 5% of the total marks of the course
Release: Ongoing
Due date: Ongoing
Estimated return date: Week beginning 22 September. Results will be released via Wattle
Assessment Criteria: Attend all workshop sessions (ie 24 of 36 contact hours).
Assessment Task 2
Learning Outcomes: 1,4,5,6
Participation
Brief Details: This assessment task assesses your level of participation and engagement in class discussions and the simulations in the 3-day Intensive IDR Workshop.
Nature of Task: Compulsory. Failure to participate throughout the course may result in a 0 for this assessment item.
Weighting: 10%
Release: Ongoing
Due date: 18 September
Estimated return date: Week beginning 22 September. Results will be released via Wattle.
Assessment Criteria :
- Amount of verbal participation
- Effective verbal communication and delivery (volume, tone, length, precision of language, clarity of expression etc)
- Preparation for class
Rubric
Not Satisfactory | Pass | Credit | Distinction | High Distinction | |
---|---|---|---|---|---|
Amount of verbal participation | Never contributes to class discussion. Never comments, asks or responds to questions | Limited contribution to class discussion. Rarely comments, asks or responds to questions | Contributes to someclass discussions, provides some comments, asks relevant questions and is able to respond to some questions | Contributes to manyclass discussions, asks relevant questions and is able to respond to many questions | Consistently contributes to discussions in all or nearly allclasses. Proactively asks and responds to questions |
Effective verbal communication and delivery (volume, tone, length, precision of language, clarity of expression etc) | Key points are not communicated effectively | Rarely effectively communicates key points | Sometimes concisely andeffectively communicates key points | Mostly concisely and effectively communicates key points | Always concisely andeffectively communicates key points |
Preparation for class | Does not demonstrate any familiarity and/or knowledge of class preparation materials | Limited demonstration of familiarity and/or knowledge of class preparation materials | Sometimes demonstrates familiarity and/or knowledge of class preparation materials | Mostly demonstrates familiarity and/or knowledge of class preparation materials | Demonstrates thorough and detailed preparation for all or nearly allclasses |
Assessment Task 3
Learning Outcomes: 1,2,3,5
International Dispute Resolution Advice
Brief Details: You will prepare a written advice on how the UN Security Council should respond to an escalating international dispute. A list of advice tasks will be posted on the Wattle site in week one. You must choose one of these tasks.
Nature of Task: Compulsory. Non completion of this task will result in a 0 for this assessment task.
Weighting: 30%
Word limit: 1,200 words
Release: Week 1 via Wattle.
Due date: 5.00 pm Monday 17 August via Turnitin. Late submissions (without an extension) are permitted, however late penalties will apply.
Estimated return date: Week beginning 14 September, via Turnitin.
Assessment Criteria:
- Effective written communication
- Knowledge and understanding
- Legal reasoning and legal argument (legal problem solving tasks)
- Analytical and critical thinking and argument
- Originality and creativity
- Logical development of ideas – structure and headings
- Legal and scholarly research
- Referencing and citation
An assessment rubric for this task will be posted on the course Wattle site in the first week of the course.
Assessment Task 4
Learning Outcomes: 2,4,6,7
Research essay
Brief Details: You will prepare a research essay on a topical issue relating to International Dispute Resolution. A list of essay topics will be posted on the Wattle site in week one. You must choose one of these topics.
Nature of task: Compulsory. Non completion of this task will result in a 0 for this assessment task.
Value or weighting: 60%
Release: Week 1 via Wattle.
Due date: 5.00 pm Monday 19 October via Turnitin. Late submissions (without an extension) are permitted, however late penalties will apply.
Word limit: 3,000 words.
Estimated return date: Week beginning 16 November via Turnitin.
Assessment Criteria:
- Effective written communication
- Knowledge and understanding
- Legal reasoning and legal argument (legal problem solving tasks)
- Analytical and critical thinking and argument
- Originality and creativity
- Logical development of ideas – structure and headings
- Legal and scholarly research
- Referencing and citation
An assessment rubric for this task will be posted on the course Wattle site in week one.
Academic Integrity
Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.
The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.
The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.
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.
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 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 take-home examinations.
Referencing Requirements
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Returning Assignments
Written assignments will be returned via Turnitin.
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.
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 Diversity 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
Convener
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Research InterestsPublic International Law; International Dispute Resolution; United Nations Security Council |
Dr Jeremy Farrall
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Instructor
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Research Interests |
Dr Jeremy Farrall
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