University of Technology Sydney

70106 Principles of Public International Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2022 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70616 Australian Constitutional Law 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)))
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 presenting 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 essay. Students develop their analytical and written communication skills through the practical application of the rules 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 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
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
    A coherent understanding of fundamental areas of legal knowledge including:
    a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
    b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
    c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
    d. The principles and values of justice and ethical practices in lawyers’ roles. (LAW.1.1)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Teaching and learning strategies

Strategy 1: Student Lecture Preparation
Students prepare for each lecture through guided and independent reading; analysis of prescribed reading materials; consideration of conceptual questions and reflection on their independent learning. A Subject Guide containing details of the prescribed reading including extracts from the required text and/or available on Canvas. This enables students to develop, explain and apply their understanding of foundational elements of public international law.

Strategy 2: Interactive tutorials
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 and case studies. Based on differing student and group dynamic the activity provides the opportunity for students to seek immediate feedback from instructors and peers or seek clarification of ongoing learning. Students’ prior preparation equips them to help steer and then facilitate tutorial group discussion of case studies and problem solving of weekly topics and areas of interest. Stimulating and informed interactive large group discussion segments will be facilitated 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 oral facilitation that requires students to work in small groups to prepare and present their understanding of legal principles to facilitate class oral analysis (Assessment task 1). These activities reflect the authentic practice of international law and high-level oral communication skills will assist students in their legal and professional life. Instructor feedback is provided collectively and individually on an ongoing basis in relation to oral contributions in seminars and to groups on their facilitation and presentation.

Strategy 4: Feedback

Ongoing formative feedback is provided during seminars to individuals, groups, and tutorial group throughout the teaching session. Students also complete an essay building on their case study presentation which assesses critical analysis and written communication skills (Assessment task 2) and are provided formal, written feedback. Students leading the tutorial case study through a collaborative audiovisual presentation and facilitation of class discussion are provided with formal, written feedback. The weekly tutorials with problem scenarios covering key topics of international law or in-depth student-led case studies discussion covering key cases in international law enable students to receive ongoing, oral feedback during the course of the session.
Subject Delivery: Weekly 1hr-lecture/2hr-tutorials

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: Case study: audio-visual presentation and facilitating class discussion

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.1.1, LAW.5.1 and LAW.6.1

Weight: 20%
Length:

1000 words (equivalent)

Criteria:

Group component (audio-visual presentation) – 10%

  • Content and effectiveness. Preparation and presentation of required information of allocated case study clearly, concisely and accurately to facilitate understanding by the class of the case as it relates to the topic of the module
  • Process and professionalism. Evidence of constructive group collaboration accompanied by appropriate and engaging presentation and delivery.

Individual component (facilitating class discussion) – 10%

  • Individual oral communication of required information of the case study clearly, concisely and accurately to facilitate understanding by the class of the case as it relates to the topic of the module during the student’s allocated tutorial
  • Individual oral communication by student, demonstrating ongoing, active engagement with the weekly course materials to facilitate class discussion in a positive and constructive manner.

Assessment task 2: Case study: Written critical analysis

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.1.1, LAW.3.1 and LAW.5.1

Weight: 20%
Length:

1500 words (excluding references and bibliography) - 10% leeway applies.

Criteria:

This task is individually assessed. Students must, as always, adhere to University Rules prohibiting plagiarism and collusion.

1. Understanding and application of Public International Law and issues:

  • Understands the topic and identifies relevant issues
  • Understands and applies key Public International Law concepts and principles
  • Appropriate use of relevant legal instruments, case law, and secondary sources
  • Distinguishes description from analysis

2. Critical Analysis and evaluation

  • Interprets topic accurately
  • Engages with primary and secondary sources
  • Applies reasoning and research from primary and secondary sources to generate effective legal arguments
  • Develops a sustained thesis and supports conclusions by argument
  • Engages in critical analysis and makes reasoned choices amongst alternatives
  • Critically analyses social, ethical and doctrinal issues relevant to the question
  • Adopts an individual perspective: insight and originality
  • Structures essay well: logical organization, effective introduction and conclusion
  • Addresses and answers the question

3. Appropriate communication of critical analysis in essay format, including:

  • Complies with either the Australian Guide to Legal Citations (AGLC) or the Oxford University
  • Standard for the Citation of Legal Authorities (OSCOLA), includes all necessary footnotes and
  • provides bibliography with all cited material included
  • Clear structure, including paragraphing, headings and page numbers
  • Clear expression in plain English with correct spelling, grammar and syntax

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.1.1 and LAW.3.1

Weight: 60%
Length:

2 hours and 2,000 words

Criteria:
  • Evaluates relationship between international legal system, international rights and obligations.
  • Explains and applies rules and principles of international law to contemporary international issues
  • in a problem-solving format
  • Evaluates the rules of international law and formulates advanced legal arguments.
  • Clearly structured and accurately written communication that draws appropriately on evidence to
  • support and build arguments

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 (9th ed., London: Sweet & Maxwell 2020) ['Harris and Sivakumaran' or H&S]

Other prescribed materials detailed in the Subject are available on Canvas and via the UTS Library e-readings page for this subject.

Recommended texts

These texts can be used as alternative sources of information, and/or to deepen or clarify your understanding of a particular area of law. You can find these sources in the UTS Library.

Malcom N. Shaw, International Law (9th ed, Cambridge University Press, 2021)

References

Students are required to use either the Australian Guide to Legal Citations (4th ed, 2019) or the OSCOLA 2006 Citing International Law Sources and OSCOLA Quick Reference Guide 2012. These are available on Canvas.

Other resources

The UTS Library International Law Study Guide

Reading List available in Canvas