70108 Public International Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70616 Australian Constitutional Law OR 70110 Introduction to Law
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 70106 Principles of Public International Law AND 70116 Principles of Public International Law
Description
International law is a well-established branch of law with a wide scope of application and far-reaching implications for States, individuals and entities. International law differs from other legal systems because of its horizontal nature and its distinct sources and subjects. This horizontal characteristic is based on the fact that States, the primary subjects of international law, are legally equal. It is States that create international law through treaty and custom, the principal source of rights and obligations. International law can thus be contrasted to domestic legal systems, in which laws created by a central legislature bind natural and legal persons, and where higher courts subordinate lower courts. This subject pays particular attention to the development of law through the machinery of the United Nations in its relationship with States, other international organisations, entities and individuals. Topics explored include: the sources of international law; maritime zones; the relationship of international law to municipal law; personality and recognition; jurisdiction and immunities from jurisdiction; the law of treaties; State responsibility; the peaceful settlement of international disputes; and the use of force.
In this advanced-level subject students collaborate in preparing and delivering seminar presentations. Students also collaboratively develop and refine their adversarial written and oral skills within a hypothetical situation before the International Court of Justice. Students consider the applicable rules of treaty and custom to the international dispute under consideration. In covering the rules of international law the subject draws from traditional sources of law as well as more contemporary approaches to international law-making.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Understand how the international legal system regulates the behaviour of nation States through the formation of international rights and obligations. |
|---|---|
| 2. | Apply rules and principles of international law to matters of contemporary international concern. |
| 3. | Critically evaluate the rules of international law and formulate legal arguments based in treaty and custom, synthesising judicial decisions, scholarship and soft law. |
| 4. | Effectively collaborate with peers to facilitate large group discussions and resolution processes. |
| 5. | Develop logical, reasoned and persuasive oral legal submissions appropriate for judicial fora, managing competing time and task demands. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Communication and Collaboration
Effective and appropriate 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 prepare for each seminar through guided and independent reading; analysis of news articles, learning materials and slides (see UTSOnline); consideration of conceptual questions and reflection on their independent learning. Current international matters will be posted by the Subject Coordinator on UTSOnline so students can formulate questions for the seminar group weekly ‘World Watch’ sessions that enable students to develop, explain and apply their understanding of contemporary International Law issues.
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 a variety of small-group interactive learning activities. Based on differing student and group dynamic the forum is always flexible and adaptable, with opportunities to seek immediate feedback from tutors and peers or seek clarification of ongoing learning. Students' prior preparation equips them to help steer and then lead seminar group discussion and problem solving of weekly topics and areas of interest. Stimulating and informed interactive large group discussion segments will be led by student teams to develop advanced understandings of international law topics (see Assessment 1).
Strategy 3: Collaborating to develop advanced verbal analyses of International Law
Activities for developing advanced oral communication skills will be collaborative. They include sustained and informed contribution to discussion on interactive seminar topics and team oral facilitation with supporting resources that requires students to work in teams to prepare to apply their understanding of legal principles to facilitate large group oral analysis. Students also collaboratively learn and practice preparing and delivering oral submissions for moot problem solving, giving students the opportunity to experience the adversarial nature of legal mooting. Students will develop written pleadings that underpin sophisticated adversarial oral communication in moot problem-solving and learn to communicate effectively within an adversarial context. These activities simulate the authentic practice of international law and high-level oral communication skills will assist students in their legal and professional life. Tutor feedback is provided individually on an ongoing basis in relation to oral contributions in seminars and to groups on their facilitation and submissions.
Strategy 4:Feedback
Ongoing formative feedback is provided during seminars to individuals, pairs, teams and seminar groups throughout the teaching session. Students also complete a brief online quiz in week 3 with conceptual questions that test the understanding of International Law that they are developing from their reading and preparation. This quiz provides students with feedback (no marks allocated) on their fundamental knowledge about sources and subjects: the two distinguishing features of international law as a sui generis horizontal legal system. Students will refine and receive informal feedback on their writing and oral analyses in seminars and build on this in teams and groups in the context of matters of international law. Informal peer feedback is an integral part of the mooting process.
Subject delivery
One 3 hour weekly Seminar
Content (topics)
- An introduction to the international legal system
- The sources of international law
- The sources of international law: maritime zones
- The relationship between international and municipal law
- Personality and recognition
- Jurisdiction and immunities from jurisdiction
- The law of treaties
- State responsibility
- The peaceful settlement of international disputes
- The use of force
- Moots in the International Court of Justice
Assessment
Assessment task 1: Analyses of contemporary international law issues and situations
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 35% |
| Length: | 1000 word equivalent |
Assessment task 2: International Moot
| Intent: | The purpose of this assessment task is for students to engage with the legal tradition of mooting to develop their critical analysis and oral skills in a realistic adversarial setting. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
| Weight: | 35% |
| Length: | 2 pages (1000 words); 10 minutes (1200 word equivalent) |
| Criteria: | 1. Written Pleadings: 10%
2. Oral Submissions: 25%
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Assessment task 3: Exam: Submission to the International Court of Justice and an analytical essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
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| Weight: | 30% |
| Length: | 2 hours |
| Criteria: |
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Required texts
Malcom N. Shaw, International Law (7th ed, Cambridge University Press, 2014)
Recommended texts
James Crawford, Brownlie's Public International Law (8th ed, Oxford University Press, 2012)
Martin Dixon, Textbook on International Law (7th ed, 2014)
Martin Dixon, Robert McCorquodale & Sarah Williams, Cases and Materials on International Law (5th ed, Oxford University Press, 2011)
Malcolm Evans (ed.), International Law (3rd ed, 2010)
Donald R Rothwell et al, International Law: Cases and Materials with Australian Perspectives (Cambridge University Press, 2011).
