70106 Principles of Public International Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)))
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
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 benefits 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 learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 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. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- 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)
Teaching and learning strategies
Strategy 1: Student seminar preparation
Students’ seminar preparation is central to learning in this subject. Students prepare for each seminar through guided and independent learning that includes: reading prescribed materials guided by slides available through UTSOnline that identify areas of focus; reflecting upon and answering key conceptual questions raised in the prescribed topics for weekly consideration. Students need to familiarise themselves with the law, formulate questions for discussion and identify aspects requiring further exploration individually and in class. Completion of these activities ensures students are ready to participate in seminars, workshops and associated assessments.
Strategy 2: Interactive seminars
The key approach for building understanding of the unique features and ways of thinking about international law and its horizontal nature is based on interactive group learning. Stimulating and informed interactive group discussions allow students to interrogate and deepen their own and others understanding of international law. Students draw on their weekly preparation activities to question and build upon their prior views of international law and process. In seminars each student synthesises their reading to provide verbal analyses and evidence to validate and challenge each other’s understanding of international law. The seminar forum is dynamic and flexible and always adapted to the dynamics of differing students and groups.
Strategy 3: Writing legal submissions
Written submissions differ from academic legal writing because they identify the relevant rules of international law, explain the scope and content of the rules, as well as apply the rules to the facts. The subject gives students the opportunity to be exposed to the key features of memorial
Subject Delivery
Weekly student preparation
1 x 3 hour seminar per week
Content (topics)
- Introduction to the International Legal System
- Sources of International Law
- Treaties
- Relationship between International and national law
- International Legal Personality
- Territory
- State jurisdiction
- 8 Immunities from jurisdiction
- State responsibility
- Peaceful settlement of international disputes
- 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 |
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| Weight: | 20% |
| Criteria: | In addition to attending classes you are expected to:
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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: | 40% |
| Length: | 2,500 words (maximum) |
| Criteria: | The following criteria will be considered in assessing the assignment: (a) Substance
(b) Presentation
|
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% |
| Length: | 2,500 words (maximum) |
| Criteria: | The following criteria will be considered in assessing the assignment: (a) Substance
(b) Presentation
|
Required texts
The prescribed text for this course is Malcom N Shaw, International Law (7th ed, Cambridge University Press, 2014) ('Shaw'). Students will also be required to read supplementary materials, including case extracts and commentary from David J Harris, Cases and Materials on International Law (7th ed, Sweet & Maxwell, 2010) ('Harris'). Students are not required to purchase copies of Harris, but may nevertheless wish to do so. Any required readings from Harris are available as eReadings and may be accessed via the following link https://www.lib.uts.edu.au/drr/search.html?q=70106.
Recommended texts
Ademola Abass, Complete International Law: Text, Cases, and Materials (Oxford University Press, 2014)
James Crawford, Brownlie's Principles of Public International Law (8th ed, Oxford University Press, 2012)
Martin Dixon, Textbook on International Law (7th ed, Oxford University Press, 2014)
Martin Dixon, Robert McCorquodale & Sarah Williams, Cases and Materials on International Law (5th ed, Oxford University Press, 2011)
Malcolm Evans (ed), International Law (4th ed, Oxford University Press, 2014)
Donald Rothwell et al, International law: Cases and Materials with Australian Perspectives (2nd ed, Cambridge University Press, 2014)
