LAW5478 Strategic and public interest litigation

The unit will first of all instruct students in the core concepts of strategic and public interest litigation (SPIL). This includes:

1. trias politica, and the difference in views on the role of courts versus government and statute in deciding societal issues;

2. the key legal mechanisms needed to understand SPIL such as the core concepts of ‘conflict of laws’: jurisdiction, applicable law and enforcement;

3. an understanding of the many potential for a to which SPIL may be taken: individuals v corporations in the ordinary State courts; individuals v States in the ordinary State courts; State v State litigation, investor-State litigation (and access for non-corporate parties in same); alternative dispute resolution (ADR, including arbitration)

Having delivered the core background understanding, the unit will then thoroughly review key sectors in SPIL using case-law in topical areas across jurisdictions. Examples are climate change; human rights; mass tort claims (for instance: following environmental disaster or consumer class actions); and investor (shareholder) suits).