70106 Principles of Public International Law
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Subject handbook information prior to 2018 is available in the Archives.
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 branch of law, with a wide scope of application and far-reaching implications for states and individuals. International law differs from other legal systems because of its horizontal nature. This is characterised by its distinct sources and subjects, and 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 sources of rights and obligations.
In this subject, students explore the development of law through the machinery of the United Nations in its relationship with states, international organisations and individuals. Within this framework students appraise and critique contemporary international legal events to develop their understanding of the scope and impact of international law and legal processes including the implications and responsibilities of states and individuals. Students investigate, critically analyse and apply the fundamental rules and principles of international law, drawing from a range of international law sources for a contemporary approach to international law making. They evaluate the subjects of international law; the relationship between international law and municipal law; state jurisdiction and immunities from jurisdiction; the role of treaties; state responsibility; the peaceful settlement of international disputes; and the use of force. Students also develop and refine their adversarial skills in the international law context by presenting persuasive legal arguments in written and oral pleadings.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Investigate and synthesise key concepts, principles and doctrines of public international law to evaluate complex contemporary legal issues in international contexts. |
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| 2. | Think critically, creatively and strategically when evaluating the rules of international law and contemporary legal and policy developments to formulate legal arguments based in treaty and custom. |
| 3. | Apply their understanding of the regulation of nation states through international rights and obligations to generate theoretical and practical responses orally and in writing. |
| 4. | Synthesise judicial decisions and scholarship to construct reasoned and persuasive legal submissions appropriate for judicial fora and manage competing demands. |
| 5. | Communicate the analytical and legal substance of an international law argument clearly and strategically in a moot, using the appropriate written and oral formats and technical language. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- 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) - 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; and evaluating mooting video clips. 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 sythesises their reading to provide verbal analyses and evidence to validate and challenge each other’s understanding of international law. They refine the advanced oral communication skills required in this field by leading the seminar group towards resolving legal issues they discover in their reading and research for the weekly topics and in their own related areas of interest. 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. There are two dedicated classes (Memorial Workshops) programmed for students to practise and get feedback on the specific skills for developing persuasive written international submissions. These workshops give students the opportunity to validate their understanding of the key features of memorial writing, develop draft arguments and structure draft written submissions. Students prepare for these classes by completing prescribed readings on memorial writing, viewing exemplar memorials and selected video clips on mooting (on UTSOnline). In the workshops students analyse exemplar memorials in teams of four and draw on their reading to prepare written legal submissions, or memorials together. In the workshops student teams work on their set moot problem and factual and legal scenario as preparation for their final written submissions for assessment.
Strategy 4: Developing advanced oral skills
Students practise their oral skills by making sustained and informed contributions to seminars that critically analyse class discussion of seminar topics. To prepare for mooting, students specifically focus on evaluating their peers’ interpretations of the law under consideration and determining aspects that require clarification and further research. In the Memorial Workshops (see Strategy 3) students work with their mooting teams to practice and get feedback on transforming their prepared written submissions into persuasive oral submissions within the adversarial setting of the International Court of Justice.
Strategy 5: Feedback
Ongoing verbal formative feedback is provided in seminars to students throughout the teaching session. Students also receive feedback on their understanding of fundamental concepts of international law and its sources through completing a compulsory brief online quiz at the end of week 3 (no marks allocated) on key questions of international law topics for the first three weeks. Students also receive a mid-session appraisal of their contribution to seminar discussions and analyses from the seminar leader to provide feedback on their performance and address any issues they may encounter. In week 8 students receive formal feedback on their briefing paper (assessment task 2) which is the basis of their major assessment task, the written pleadings. Students also receive both formal and informal feedback as an integral part of the mooting process (assessment 3).
Subject Delivery
Weekly student preparation
1 x 3 hour seminar per week
Content (topics)
- Introduction to the international legal system
- Sources of international law
- Sources of international law in maritime zones
- Relationship between international and municipal law
- Legal personality and recognition
- State jurisdiction
- Immunities from jurisdiction
- Law of treaties
- State responsibility
- Peaceful settlement of international disputes
- Use of force
Assessment
Assessment task 1: Analysis and discussion of contemporary international legal events
| Intent: | To provide practice investigating, appraising and critiquing the law, principles and doctrines of public international law and the changing legal and policy developments in this area. |
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| 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: | 20% |
| Length: | 1,000 word equivalent |
| Criteria: |
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Assessment task 2: International law moot: written submissions
| Intent: | Students to engage with the legal tradition of mooting to develop their critical analysis and written 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: | 60% |
| Length: | Briefing 500 words; Written pleadings 3,500 words. |
| Criteria: | Criteria Part A & B:
Additional criteria for Part B:
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Assessment task 3: International law moot: oral submissions
| Intent: | Students to engage with the legal tradition of mooting to develop their critical analysis and oral skills in a realistic adversarial setting. |
|---|---|
| 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: | 20% |
| Length: | 1,000 words |
| Criteria: |
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Required texts
The prescribed textbook for this subject is:
David Harris and Sandesh Sivakumaran, Cases and Materials on International Law (Sweet & Maxwell/Thomson Reuters, 8th ed, 2015).
Students are also required to undertake any additional required readings for each seminar, as outlined in the Subject Guide.
Recommended texts
If you need a general overview that draws the themes of the course together you might think about also buying a copy of Malcom N Shaw, International Law (7th ed, Cambridge University Press, 2014) ('Shaw'). PLEASE NOTE THOUGH THAT PURCHASE OF THIS BOOK IS NOT COMPULSORY.
Other textbooks worth looking at include:
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, 2016)
Malcolm Evans (ed), International Law (4th ed, Oxford University Press, 2014)
Jan Klabbers, International Law (Cambridge University Press, 2nd ed, 2017)
Donald Rothwell et al, International Law: Cases and Materials with Australian Perspectives (2nd ed, Cambridge University Press, 2014)
