70106 Principles of Public International Law

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.

UTS: Law
Credit points: 6 cp

Subject level:

Postgraduate

Result type: Grade and marks

Requisite(s): 70616 Australian Constitutional Law OR 78101c Postgraduate Legal Research
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 70108 Public International Law AND 70116 Principles of Public International Law

Handbook description

International Law is a well-established and important branch of law which has a wide scope of application and far-reaching implications for almost every aspect of human activity. This subject introduces students to the fundamental concepts and principles of public international law. It pays particular attention to the development of the law through the machinery of the United Nations in its relationship with states, other international organisations and individuals.

The topics covered in the subject include nature, sources and subjects of international law; the relationship between international and national law; personality and recognition; state jurisdiction and immunities; law of treaties; state responsibility; peace settlement of disputes; and use of force.

This subject would benefit students intending to take subjects in the areas of international humanitarian law, human rights law; international criminal law; international environmental law; international organisations law; law of the sea; WTO law, and the Jessup International Moot.

Subject objectives

1.	understanding and apply the key concepts, principles and doctrines of Public International Law;
2.	demonstrate an extended understanding of recent developments in some key areas of Public International Law;
3.	demonstrate knowledge of the research principles and methods applicable to Public International Law;
4.	demonstrate communication and technical research skills to justify and interpret theoretical propositions, methodologies, conclusions and professional decisions to specialist and non-specialist audiences.

• Legal Knowledge
  An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
• Critical Analysis and Evaluation
  A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
• Research Skills
  Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
• Communication and Collaboration
  Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)

Content

1 The Nature and Subjects of International Law
2 Sources of International Law
3 Relationship between International and national law
4 Personality and Recognition
5 State jurisdiction
6 Immunities from jurisdiction
7 Law of Treaties
8 State responsibility
9 Peaceful settlement of international disputes
10 Use of force

Assessment

Assessment task 1: Class Participation

Objective(s):	This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0
Weight:	10
Criteria:	In addition to attending classes you are expected to: • Read the prescribed readings prior to the class • Understand the prescribed readings • Understand class discussion • Contribute clearly and constructively to class discussion • Listen to and engage constructively with alternative points of view • Actively contribute to problem solving

Assessment task 2: Memorial

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	50
Criteria:	The following criteria will be considered in assessing the assignment: (a) Substance • linkage between the introduction, the body of the memorial and the conclusion • research and retrieval of relevant primary and secondary information • coherence in legal and conceptual analysis • understanding of interaction of law and policy in area • critical analysis and thought • focused, integrated and logical development of structure and ideas • overall persuasiveness (b) Presentation • following the structure of memorial format • marshalling of primary and secondary authorities • economy and clarity of language • observance of word limitations • appropriate footnotes, paragraphs, headings and sections • attribution of others’ work • appropriate use of quotations

Assessment task 3: Take-home examination

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0
Weight:	40
Criteria:	The following criteria will be considered in assessing the assignment: (a) Substance • linkage between the introduction, the body of the examination questions and the conclusion • research and retrieval of relevant primary and secondary information • coherence in legal and conceptual analysis • understanding of interaction of law and policy in area • critical analysis and thought • focused, integrated and logical development of structure and ideas • overall persuasiveness (b) Presentation • marshalling of primary and secondary authorities • economy and clarity of language • observance of word limitations • appropriate footnotes, paragraphs, headings and sections • attribution of others’ work appropriate use of quotations

Required texts

Malcom N. Shaw, International Law (6th ed, Cambridge University Press, 2008)

Recommended texts

Ian Brownlie, Principles of Public International Law (7th ed, Oxford University Press, 2008)

Martin Dixon, International Law, (6th ed, Oxford University Press, 2008)

Martin Dixon, Robert McCorquodale & Sarah Williams, Cases and Materials on International Law (5th ed, Oxford University Press, 2011)

David J Harris, Cases and Materials on International Law (7th ed, Sweet & Maxwell, 2010)

Donald Rothwell et al, International law: Cases and Materials with Australian Perspectives (Cambridge University Press, 2011)

Gillian Triggs, International Law: Contemporary Principles and Practices (2nd ed, Butterworths LexisNexis, 2010)