78207 International Organisations

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UTS: Law
Credit points: 8 cp
Result type: Grade and marks

Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76025 International Organisations AND 78206 International Organisations

Description

The proliferation of intergovernmental and non-governmental organisations is one indicator of the internationalisation of social life and the interdependence of states in the early 21st century. This subject examines the principal legal issues concerning organisations composed of states. These include the legal status and powers of organisations, membership and participation, norm-creation, dispute settlement, enforcement of decisions, peace and security activities and finally the organisations' privileges and immunities as well as their legal status and powers under national law.

At the same time, the subject addresses real-world problems such as the creation of international criminal courts, the 'succession' of Russia to the USSR's seat on the UN Security Council, the response to the break-up of Yugoslavia, the jurisdictional issues in the Lockerbie-case, the possibility of judicial review of acts of the UN Security Council, the success of WTO dispute settlement, NATO action against Serbia in 1999, the military intervention in Afghanistan and Iraq in the aftermath of 9/11 and the UN administration of Kosovo and East Timor.

Primary consideration is given to the development of the United Nations. Other universal organisations such as ILO, the Bretton Woods institutions, WTO or ICAO, as well as regional ones such as the Council of Europe, the EU and others are also dealt with. This subject does not try to provide a comprehensive picture of all of these organisations, rather it aims at helping students understand the common legal problems faced by international institutions.

Subject learning objectives (SLOs)

1.	To develop an understanding of the law of International Organisations
2.	To develop an ability to strategically analyse issues concerning the law of International Organisations
3.	To develop an appreciation for the cultural and intellectual diversity that underpins the law of International Organisations

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

This subject will be taught using a combination of lectures and class discussions. It will be based on student preparation of the subject materials which will be distributed in advance. The subject materials structure the entire course program in the form of review questions. Students are supposed to prepare and to debate them in class as well as to contribute their own insights.

Strategy 1 Applying knowledge to problem-based scenarios

Strategy 2 Developing knowledge through independent research and thought

Strategy 3 Evaluating the law from the perspectives of different participants in the process

Strategy 4 Evaluating the various aspects that underpin the development of International Organisations.

Content (topics)

1. Basic Concepts of the law of International Organisations

2. The Legal Status and Powers of International Organisations

3. Participation in International Organisations

4. Internal Operation of International Organisations

5. Rule-Making by International Organisations

6. Dispute Settlement through International Organisations

7. Enforcement of Decisions by International Organisations

8. Peace and Security Activities

9. The Responsibility and Accountability of International Organisations

10. Future development of International Organisations

Assessment

Assessment task 1: Case Study of a Selected International Organisation

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, 3.0, 4.0 and 5.0
Weight:	40%
Length:	2500 words
Criteria:	The case study of a selected International Organisation will be assessed on the basis of: the relevance and depth of research and the use of appropriate research tools; the development of an effective and coherent structure for the case study; demonstration of a sufficiently detailed understanding of the structure of the selected International Organisation; the depth of critical analysis and evaluation of the role played by the selected International Organisation; the development of cogent arguments based on the research; and the sophistication of written expression, its conformity to the academic style, and the correct use of grammar and syntax

Assessment task 2: Research Essay

Objective(s):	This task contributes specifically to the development of the following graduate attributes: .1, .1 and .1
Weight:	60%
Length:	4500 words
Criteria:	The research essay will be examined on the basis of: the relevance and depth of research and the use of appropriate research tools; the development of an effective and coherent structure for the essay; demonstration of a sufficiently detailed understanding of the topic; the depth of critical analysis and evaluation of the research material; the development of cogent arguments based on the research; and the sophistication of written expression, its conformity to the academic style, and the correct use of grammar and syntax

Required texts

• Philippe Sands/Pierre Klein, Bowett’s Law of International Institutions, London (Sweet & Maxwell, 6th ed., 2009) (=Sands/Klein)
  

Recommended texts

Ruffert, Matthias / Walter, Christian, Institutionalised International Law (Hart, Oxford, 2012). (250 pages)

Benedetto Conforti and Carlo Focarelli, The Law and Practice of the United Nations, (Martinus Nijhoff Publishers, Leiden, 2010). (449 pages).

Ian Hurd, International Organizations - Politics, Law, Practice, Cambridge University Press, 2010. (296 pages).

C.F. Amerasinghe, Principles of the Institutional Law of International Organizations. Cambridge (CUP, 2nd ed., 2005) (=Amerasinghe).

Frederic L. Kirgis Jr., International Organizations in Their Legal Setting (West, 2nd ed., 1993) (=Kirgis).

August Reinisch, International Organizations before National Courts. Cambridge (CUP, 2000).

Jan Klabbers, An Introduction to International Institutional Law. Cambridge (CUP, 3nd ed., 2015) (=Klabbers).

Bruno Simma (ed.), The Charter of the United Nations. A Commentary. Oxford (OUP, 2nd ed. 2002) (=Simma). (3rd edn, forthcoming 2013)

References

Franz Cede/Lilly Sucharipa-Behrmann (eds.), The United Nations. Law and Practice. The Hague – London – Boston (Kluwer Law International, 2001).

Inis L. Claude Jr., Swords into Plowshares, the problems and progress of international organization. New York (Random House, 1971).

R.-J. Dupuy (ed.), Manuel sur les organisations internationales/A Handbook on International Organizations (1988).

Adam Roberts/Benedict Kingsbury (eds.), United Nations: Divided World. Oxford (Clarendon Press, 2nd ed., 1993).

Oscar Schachter/Christopher C. Joyner (eds.), United Nations Legal Order. 2 vols. Cambridge (CUP, 1995).

Henry G. Schermers/Niels M. Blokker, International Institutional Law. (Martinus Nijhoff, 3rd ed., 1995).