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. The course convenor, Professor Jeremy Farrall, has a United Nations IDR practitioner background and maintains an active international law research agenda. 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.

Field Trips

No field trips are proposed

Required Resources

The required textbook for the course is Yoshifumi Tanaka, The Peaceful Settlement of International Disputes (Cambridge University Press, 2018).

The following text is also recommended: J.G. Merrills, International Dispute Settlement, 6^th ed (Cambridge University Press: Cambridge, 2017).

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). 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

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

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

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	This is an intensive course taught from 9am-5pm over 4 days. In 2021 the course will be delivered entirely on-line due to the COVID-19 pandemic. Attendance via zoom is compulsory throughout the 4 days, from 9am to 5pm each day.	Pre-reading materials and podcasts will be available on the course Wattle site
2	I. Course Introduction II. Australia's contributions to IDR III. Principled Negotiation IV. Simulation 1: Multilateral Negotiation	Mon 20 September, 9am to 5pm
3	V. Inquiry VI. Simulation 2: Inquiry VII. Mediation VIII. Simulation 3: Mediation	Tues 21 September, 9am to 5pm
4	IX. Conciliation X. Simulation 4: Conciliation XI. Arbitration XII. Simulation 5: Arbitration	Weds 22 September, 9am to 5pm
5	XIII. Judicial Settlement XIV. Simulation 6: Judicial Settlement (Kashmir) XV. Future directions in IDR XVI. Next steps: Course Assessment Q&A; intensive wrap-up	Thurs 23 September, 9am to 5pm

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Reflective Journal Entry	30 %	04/10/2021	28/10/2021	1,2,3,5
Major Research Paper	70 %	04/11/2021	29/11/2021	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 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

This course will be delivered online in intensive format via the zoom platform.

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).

In exceptional circumstances, a student may be granted permission by the Course Convenor, to miss some classes, provided:

(a) it does not exceed a maximum of 25% of the classes;

(b) permission is requested in advance; and

(c) the request is supported, where appropriate, by adequate documentation.

Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.

Assessment Task 1

Reflective Journal Entry

Nature of Task: Class participation and Reflective Journal Entry

Format: Students will prepare a Journal Entry reflecting on their experiences in one or more of the course simulations .

Weighting: 30%

Word Length: 1,500 words inclusive of footnotes. A bibliography is NOT required.

Release: 20 September 2021

Due date: 4 October 2021 at 5 pm. Late submission is accepted, but late penalties will apply - see below.

Estimated return date: 28 October 2021

Assessment Criteria:

a) Level of participation;

b) Effectiveness of participation;

c) Written expression;

d) Effective use of words to address key issues; &

e) Critical and analytical response to relevant material.

Assessment Task 2

Major Research Paper

Nature of Task: Major Research Paper.

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

Weighting: 70%

Word limit: 4,000 words inclusive of footnotes. A Bibliography is required which is not included in the word limit.

Release: Major Research Paper topics will be released on 20 September 2021. Student proposed topics MUST be approved by no later than 21 October 2021.

Due date: 4 November 2021; to be submitted on WATTLE by no later than 5 pm AET. Late submission is permitted, but mark penalties will apply - see below.

Estimated return date: 29 November 2021.

Assessment Criteria:

a) Understanding and discussion of relevant law;

b) Argument and response to question;

c) Critical and analytical response to relevant material or question/task;

d) Creativity and originality of approach;

e) Research of primary legal (case law, legislation, treaties, UN resolutions) and scholarly secondary sources;

f) Referencing and compliance with AGLC;

g) Effective use of words and word limit to address key issues;

h) Expression and written communication including use of legal terminology, spelling, etc;

i) Structure including logical development of content/material; &

j) Effective use of headings.

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

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

Assessment will be returned electronically

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 of assignments is not permissible after the due date and time for submission has passed.

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