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 2024 is available in the Archives.
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 for and participating in a moot 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 written assessment. 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 convey legal ideas, and inform, analyse, and persuade. |
| 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. Details of the prescribed reading (including extracts in key text) are 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 working in small groups to prepare for and participate in a moot (Assessment task 2). These activities reflect the authentic practice of international law and high-level oral communication skills will assist students in their legal and professional life.
Strategy 4: Feedback
Ongoing formative feedback is provided during seminars throughout the teaching session. Students also complete written assessment which assesses critical analysis and written communication skills (Assessment task 1) and are provided formal, written feedback. The moot assessment is interactive, providing opportunities for feedback during the assessment. Written feedback will also be provided to groups afterwards. 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: Written critical analysis
| 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: | 20% |
| Length: | 1500 words (excluding references and bibliography) with NO LEEWAY. |
| Criteria: |
|
Assessment task 2: Oral communication task: Moot and class participation
| 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: | 30% |
| Length: | 1500 words (equivalent) |
| Criteria: | Group component (moot) – 20%
Individual component (class participation) – 10%
|
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: | 50% |
| Length: | 2 hours and 2,500 words |
| Criteria: |
|
Minimum requirements
Must undertake training on Research Library Skills in International Law in Week 1 – information available on Canvas
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.
Gleider Hernández, International Law (2nd ed, Oxford University Press, 2022)
References
Students are required to use the Australian Guide to Legal Citations (4th ed, 2019).
Other resources
The UTS Library International Law Study Guide
Reading List available in Canvas