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 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 and principles of public international law to weekly case studies and/or 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 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. |
| 5. | Develop logical, reasoned and persuasive oral legal arguments, 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
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 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 Principles of 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 the application of international law and related contemporary issues is interactive learning activities focused on problem-based scenarios. 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 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 2). 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 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 group setting during the second part of each seminar enable students to receive formative ongoing, oral feedback during the course of the session.
Subject delivery
This subject is delivered online for all of Spring session, except in weeks 2 and 12 where an optional on-campus class will also be offered (subject to students’ enrolment in this class). In accordance with the University’s health and safety requirements, these face-to-face classes will be for 90 minutes.
The subject will be delivered by way of a weekly recorded lecture podcast of 60-75 minutes, zoom sessions of 60-90 minutes (with an optional on-campus class in weeks 2 and 12) and discussion boards.
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 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
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| Weight: | 30% |
| Length: | 3,000 words plus references |
| Criteria: | 1. Understanding and application of Principles 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: 1.0, 3.0 and 5.0 |
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| Weight: | 20% |
| Length: | 1000-2000 words (equivalent) |
| Criteria: | Individual presentation of the prescribed seminar readings in class shall be assessed as follows:
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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: 1.0, 3.0 and 5.0 |
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| Weight: | 50% |
| Length: | 2 hours |
| Criteria: |
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Minimum requirements
Must attend (via Zoom) the Library Research Skills session 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 use the Australian Guide to Legal Citation 4th Edition (2019).
Other resources
The UTS Library Guide to Public International Law resources and databases:
http://www.lib.uts.edu.au/guides/law/public-international-law