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Unit outline_

LAWS6865: International Dispute Resolution

Intensive June, 2022 [Block mode] - Remote

This unit of study aims to provide an in-depth analysis of international dispute resolution as a technique for resolving public international law disputes. The United Nations Charter provisions for the peaceful settlement of international disputes will be taken as creating the basic framework for the review of dispute resolution techniques. These include negotiation, good offices, mediation, conciliation, arbitration, and adjudication. Particular attention will be given to in-depth analysis of certain disputes and the legal and political techniques used in their resolution. These disputes may include the Tehran Hostages case, the Nuclear Tests case, the East Timor case, and dispute over the status of Kosovo.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS6202
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Irene Baghoomians, irene.baghoomians@sydney.edu.au
Type Description Weight Due Length
Assignment hurdle task Research essay (70%)
Research essay 70%
0% Please select a valid week from the list below
Due date: 04 Jul 2022 at 17:00
6000 words/9 weeks
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Assignment hurdle task Optional LLM Capstone Essay (70%)
Capstone Essay 70%
0% Please select a valid week from the list below
Due date: 04 Jul 2022 at 17:00
7000 words/9 weeks
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Assignment hurdle task Assignment (30%)
Assignment 30%
0% Week 12
Due date: 20 May 2022 at 17:00
2000 words/10 days
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Assignment Proposal for Optional Capstone Essay
Written proposal for Capstone essay
0% Week 13
Due date: 29 May 2022 at 17:00
500 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
hurdle task = hurdle task ?

Assessment summary

2000 word assignment (30%)

The problem assignment question will be released on Tuesday 10 May 2022 and answers must be submitted by 5pm on Friday 20 May 2022. The problem assignment question will require students to answer a problem scenario broken down into a series of questions that demonstrates their understanding of International Dispute Settlement and relevant international law. The assignment question will have a particular, but not exclusive, focus on LO1, LO3, LO4 and LO6. The outcome of a Special Consideration application is an extension of time.

6000 word research essay (70%)

Students are to answer one essay question from a choice of ten questions.

The essay questions will be released at 9 am on Monday 2 May 2022 and answers must be submitted by Monday 4 July 2022 at 5pm. Essay questions will cover core topics covered in the unit of study and require students to demonstrate a critical understanding of International Dispute Settlement and international law more generally including their knowledge of the historical, political theoretical and legal dimensions of the unit of study and may require students to suggest ways that the law can be improved. The assignment question will have a particular, but not exclusive, focus on LO1, LO3, LO4, LO5 and LO6. The outcome of a Special Consideration application is an extension of time.

Optional 7000 word LLM Capstone essay (70%) in lieu of 6000 word essay, with permission

LLM students who are undertaking this unit towards the end of their degree, and need a capstone experience to complete their degree, may wish to apply to the unit coordinator to undertake the assessment option of a Capstone Essay. The Capstone Essay will replace the 6000 word research essay (counting for 70% of the final mark) and be no more than 7000 words (including footnotes but not including bibliography). Your essay should comply with Academic Integrity requirements, and be submitted in compliance with assignment submission requirements.

Students wishing to take the option of a Capstone Essay should reach agreement on an essay topic with the unit of study coordinator by Sunday 29 May 2022.

You are required to submit research essays in electronic form via the Canvas site by 5.00pm on Monday 4 July 2022. Failure to submit by this deadline can result in penalties for lateness; the Sydney Law School reserves the right not to mark assignments that are not submitted via the Canvas site.

Your essay topic should respond to the material covered in the present unit. However, at the same time, in order to serve as a capstone for your LLM, it should build upon the learning that has taken place during your LLM studies more generally.

Assessment requirement to pass a unit of study:  A student must make a genuine attempt at all assessment tasks set out for this Unit of Study (except those marked as optional) in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

• Completely answers the question.
• Contains striking originality of approach or analysis.
• Demonstrates exhaustive or innovative research (where independent research
required).
• Exceptionally well written, structured and expressed.
• Is otherwise exceptional in some way.

Distinction

75 - 84

• Completely answers the question.
• Achieves a critical and evaluative approach to the issues.
• Content and structure is well organised in support of the argument.
• Demonstrates extensive research and analysis to support a well-documented
argument.
• Generally well expressed and free from errors.
• Has a clear structure and is well articulated.

Credit

65 - 74

• Covers main issues fairly well in answering the question.
• Contains no significant errors
• Demonstrates an attempted critical approach to the issues.
• Demonstrates reasonably sound research and analysis in addressing the key issues.
• Has a clear structure and reasonably clear expression.

Pass

50 - 64

• Identifies the key issues, but does not follow through with a reasoned argument.
• Contains some significant errors.
• Displays satisfactory engagement with the key issues.
• Offers descriptive summary of material relevant to the question.
• Superficial use of material, and may display a tendency to paraphrase.
• Demonstrates little evidence of in-depth research or analysis.
• Adequate expression.
• Overall, demonstrates the minimum level of competence in the assessment and
satisfies the requirements to proceed to higher-level studies in the degree or subject
area.

Fail

0 - 49

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing Nature and Sources of International Law; Introduction to International Dispute Settlement; Evolution of the Obligation to Settle Disputes Peacefully and the UN Charter Framework; Peaceful Methods of Dispute Settlement Seminar (6.5 hr)  
Peaceful Methods of Dispute Settlement; International Arbitration; Role of the United Nations and Regional Organisations in the Settlement of International Disputes Seminar (6.5 hr)  
The International Court of Justice; Settlement of Disputes before other international courts and tribunals. Seminar (6.5 hr)  
The Individual in International Dispute Settlement ; Case Studies Seminar (6.5 hr)  

Attendance and class requirements

Attendance:  All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

J G Merrills, Eric De Brabandere (eds) International Dispute Settlement (Cambridge: 7th ed, 2022)

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. demonstrate an understanding of a range of international dispute resolution techniques;
  • LO2. demonstrate an understanding of why some types of international dispute resolution are more successful than others;
  • LO3. demonstrate a detailed knowledge of how international dispute resolution has been applied in a number of particular international disputes;
  • LO4. demonstrate a working knowledge of the relevant international law which forms the basis for the various international disputes discussed;
  • LO5. distinguish between legal and political means used to settle international disputes;
  • LO6. in general, demonstrate an enhanced appreciation of the workings of the international legal system and its interplay with international politics.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.