515 International Dispute Settlement (Harrington)

LAW515

International Dispute Settlement 

(Harrington) 

Prerequisite courses: LAW 506 is recommended 

Prerequisite for: 

Instructor(s): Professor Joanna Harrington 

Course credit: 3

Method of presentation: Seminar combining lectures and discussion 

METHOD OF EVALUATION

A two-page note (15%), a five-minute oral presentation in class (10%), and a legal research paper of no more than 5000 words (inclusive of footnotes) on a current topic of international dispute settlement (75%).

COURSE DESCRIPTION 

This seminar course examines the development and practice of international mechanisms for the settlement of disputes between States, and their evolution to apply to disputes between States and international organizations, between States and companies, and between States and individuals. The “international” in the title reflects the reality that “International Dispute Settlement” is a field of practice within international law. For this reason, a foundational course in public international law, such as LAW 506 or its equivalent in your pre-law studies, is recommended as a prerequisite or co-requisite.

The course examines various methods of international dispute settlement, including negotiation, mediation, commissions of inquiry, conciliation, arbitration and judicial settlement, within various contexts, including environmental disputes, foreign investment disputes, and human rights disputes. But “settling disputes” is not just about settling disputes; it is also about the legal issues that are raised, the law that is generated in trying to resolve the dispute, and the processes that are developed to generate and determine this law.

Topics to be covered will likely include: key principles, non-legal methods of dispute settlement (such as negotiation, inquiry, conciliation), legal methods of dispute settlement (arbitration and judicial settlement), law of the sea disputes, trade disputes, investor-state disputes, human rights disputes, the International Court of Justice, the role for the UN and regional bodies, and the Inspection Panel process at the World Bank.

Looking for experiential (practice-related) learning? Legal research and effective written communication skills have been identified as relevant to the practice of law by the Federation of Law Societies of Canada. 

SPECIAL COMMENTS 

Description updated 2022-23. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXT (IF ANY):

TBA