70108 Public International Law
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2019 is available in the Archives.
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; the relationship of international law to national law; personality and recognition; jurisdiction and immunities; law of treaties; State responsibility; settlement of international disputes; and use of force.
In this advanced-level, core subject students collaborate in preparing and leading seminar discussion of case studies to develop their oral communication skills. Students also develop and refine their research skills using public international law sources, critical analysis skills and written communication skills through the research essay. Students develop their analytical and written communication skills through the practical application of the rules of public international law to various problem scenarios during session and in the final examination.
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. |
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| 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 which reflect the course intended learning outcomes:
- 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 (LAW.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 (LAW.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 (LAW.5.0)
Teaching and learning strategies
Strategy 1: Student Seminar Preparation
Students prepare for each seminar through guided and independent reading; analysis of prescribed reading materials; consideration of conceptual questions and reflection on their independent learning. A Learning Guide containing details of the prescribed reading including extracts from the required text and/or available on UTS Online and other suggested will be posted by the Subject Coordinator on the Public International Law intranet page. This enables students to develop, explain and apply their understanding of foundational elements of public international law.
Strategy 2: Interactive seminars
The key approach for building understanding of the unique features and ways of thinking about application of international law and related contemporary issues is small-group interactive learning activities focused on problem-based scenarios. Based on differing student and group dynamic the activity provides the opportunity for students 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.
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 based on case studies 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 (Assessment task 1). Students also collaboratively learn and practice preparing and delivering oral submissions. 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 research essay due prior to the mid-session break which assesses their research, critical analysis and written communication skills (Assessment task 1). Students leading the collaborative seminar presentation of case studies are provided with formal, written feedback. The in-class problem scenarios covering key topics of international law and collaborative seminar presentation of case studies covering contemporary issues in international law discussed in a in class, small-group setting during in the second part of each seminar enable students to receive ongoing, oral feedback during the course of the session.
Subject delivery
One 3 hour weekly seminar
Content (topics)
- Introduction: nature and subjects
- Sources
- Relationship between international and municipal law
- Personality and recognition
- Jurisdiction and immunities
- Law of Treaties
- State responsibility
- Peaceful settlement of international disputes
- Use of force
Assessment
Assessment task 1: Critical Analysis of International Law
| 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: LAW.1.0, LAW.3.0 and LAW.5.0 |
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| Weight: | 30% |
| Length: | 2,000 words plus references |
| Criteria: | 1. Understanding and application of Public International Law and issues:
2. Critical Analysis and evaluation
3. Appropriate communication of critical analysis in essay format, including:
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Assessment task 2: Leading in class seminar
| 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: LAW.1.0, LAW.3.0 and LAW.5.0 |
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| Weight: | 20% |
| Length: | 1000 words (equivalent) |
| Criteria: |
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Assessment task 3: Final Examination
| 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: LAW.1.0 and LAW.3.0 |
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| Weight: | 50% |
| Length: | 2 hours |
| Criteria: |
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Minimum requirements
- Attend 80% of all seminars, unless they have a satisfactory explanation as provided by the Faculty Rules and with supporting documentation. Work commitments are not a valid reason.
- Must attend the Library research in international law seminar in Week 1.
Required texts
David Harris and Sandresh Sivakumaran, Cases and Materials on International Law (8th ed., London: Sweet & Maxwell 2015)
Other prescribed materials detailed in the Learning Guide are available on UTS Online and via the UTS Library e-readings page for this subject.
Recommended texts
Malcom N. Shaw, International Law (8th ed, Cambridge University Press, 2017)
References
Students are required to used the OSCOLA 2006 Citing International Law Sources and OSCOLA Quick Reference Guide 2012. These are available on UTS Online.
The library has prepared a Public International Law Referencing and Integrity Quiz to familiarise you with this reference system.
This quiz available on UTS Online must be successfully completed prior to submission of Assessment task 1: Research Essay. Successful completion of this quiz is a grade of 80% or higher. The grade for this assessment task will not be entered until this quiz has been successfully completed.
Other resources
The UTS Library Guide to Public International Law resources and databases:
http://www.lib.uts.edu.au/guides/law/public-international-law
