78160 Rights and Obligations in the International Legal System

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject level:

Postgraduate

Handbook description

This is a foundational subject in the LLM International Law program. The objective of the subject is to develop an advanced understanding of the basis and scope of the rights and obligations of states in the international legal system. While the design of the subject pays close attention to the theoretical foundations of international law, its substance emphases the problems in the practical application of the law and leads students to critically evaluate the limits of state obligations in the international legal system, and the role of the practitioner in the resolution of legal problems in the system. Through the use of specific topical issues, the subject aims at equipping the student with an in-depth understanding of the interface between domestic law and international law, and the relevance of international law rules to the practice of law in the domestic context. At the end of the subject, students are expected to have gained a full understanding of the principal theories in international law relating to the basis of obligation of states and how such theories in practice relate to the behaviour of states in international relations and in domestic law. Students also gain a high level of insight and understanding of the practical relevance and application of international law through the comprehensive analysis of selected topical events.

Subject objectives/outcomes

Predicates: Consistent with the course description, which stresses “understanding of the interface between domestic law and international law and the relevance of international law rules to the practice of law in the domestic context”, this course emphasizes fundamental rights and obligations under public international law, private international law and comparative law examined through the practical prism of domestic law cases and international law cases and foreign law cases. To add a comparative element, the rights and obligation in the international legal system will be examined primarily in the practical context of the US domestic law system. This is appropriate since the US is, like Australia, a Pacific rim country, a common law country, and its influence on international rights and obligations in a transnational world is substantial.

This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.

1. A high level ofunderstanding of the essential law involving rights and duties in the international legal system and its application in a practical domestic law context.
2. The ability to identify and understand the legal issues presented by the subject materialsinvolving rights and duties in the international legal system in a practical domestic law context.
3. The ability tocritique the fundamental issues of law involving rights and duties in the international legal system that arise in practical domestic law contexts.

Contribution to course aims and graduate attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.

INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

Teaching and learning strategies

Strategy 1: Active engagement of students in discussions of current international trade law issues in the media
Strategy 2: Active encouragement of students to prepare for classes through prescribed readings and independent learning and to be prepared to participate in a general interactive discussions in class
Strategy 3: A general interactive framework, which is filled through lecture, discussion, critical analysis, problem solving, and reflective evaluation.

Subject Delivery

Classes will be held in Room CM05B.03.17 Classes will be discussion based. Both substantive law and problems will be discussed in detail.
Students will be required to complete essential reading before each class in order to be able
to participate fully in discussion. Classes will not be taped. Lecture materials and presentations will be available on UTS Online.

Lecture Format:
This is an intensive program with classes delivered from 3 July to 18 July 2012.

Lecture Recording Information
Audio or visual recording of classes for this subject is strictly prohibited unless written approval is sought and given in advance by the Subject Coordinator. Approval for audio or visual recording will usually be limited to medical or hardship reasons, and if approved, must be arranged by the student. Students may only use the audio or visual recording for private study purposes and (to avoid any legal action) permission must be obtained from the Subject Coordinator for any other usage. Given the inter-active nature of classes, any student who does not wish to be audio-taped must advise the Subject Coordinator in advance otherwise permission from students is assumed.

Where lectures are recorded, lecture tapes are available for purchase from the UTS Audio Visual Services in CM05.D.101 (at the entrance past the “Art of Food” café) on the Haymarket Campus, Quay Street. Please note that no responsibility is taken for the quality or reliability of this taping service and that no special consideration applications will be considered in relation to problems experienced by students using this taping service. Students may only use these audio-tapes for private study purposes and (to avoid any legal action) permission must be obtained from the Subject Coordinator for any other usage.

Content

1. Introduction to rights and obligation in the International Legal system – a case sampler.
2. Sources and Evidence of legal obligations and rights relating to transnational relationships.
   1. Sources of domestic law.
   2. Diversity of domestic legal systems.
   3. Sources of international law – treaties, custom, general principles of law, judicial decisions and the work of publicists, and peremptory norms (jus cogens).
3. Legal Personality of States, international organizations, and natural and juridical persons.
4. The relationship of domestic and international law.
5. Resolving conflicts between domestic law and foreign law including conflicts of laws rules, problems of proving foreign law, and the enforcement of judgments.
6. Allocation of jurisdiction in the international legal system.
   1. The legal bases of State jurisdiction – the territorial principle, the effects doctrine of the territorial principle, the nationality principle, the passive personality principle, the protective principle and the universality principle.
   2. The resolution of competing state claims to jurisdiction.
   3. The legal basis for jurisdiction of international organizations.

Assessment

Assessment Item 1: Assignment 1: Class Participation

Assessment Item 2: Take Home Exam

Assessment Item 3: Short Research Paper

Required texts

Reading brick (2 volumes) that is available for collection from Law Reception (CM5B level 3).