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Fundamentals of Public International Law

Unit code: LWB406
Contact hours: 2 per week
Credit points: 12
Information about fees and unit costs

This unit considers the legal rules that govern the activities of nations and the regulation of the activities of nations by international organisations, such as the UN. It also includes: the creation of international law and its sources; treaties; customary law; general principles of law; the concept of international legal personality; statehood; self-determination; recognition; the effects of international law; sovereignty; international responsibility. It also includes the law of armed conflict.


Availability
Semester Available
2013 Semester 2 Yes

Sample subject outline - Semester 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Public international law is a body of rules which governs the relations between nation states and between nation states and individuals. Public international law increasingly impacts on Australia's domestic law so an understanding of this area is important for all practitioners. This unit focuses on the key areas of public international law and places considerable emphasis on real world learning, particularly on how this area of the law is developed and applied in practice by governments, legislatures, and courts. It will develop your capacity to work effectively in an increasingly globalised legal workplace.
This unit, offered as an elective in the international law group, builds upon knowledge acquired in Law and Global Perspectives LWB144, and complements learning in Private International Law LWB407.

Aims

The aim of this unit is to give you a thorough understanding of the key principles and areas of public international law.

Objectives

At the completion of this unit, you should be able to:
1. appreciate the development and operation of the institutions and principles of public international law;
2. critically evaluate the application of key areas of public international law in domestic legal systems, particularly the Australian legal system;
3. apply your knowledge of public international law to real world problems;
4. effectively communicate, orally and in writing, solutions to legal problems involving elements of public international law;
5. appreciate the operation of public international law in a wider context including indigenous, racial, cultural and socio-economic perspectives;
6. develop skills relevant to employment, professional practice and life-long learning, including skills in international legal research, the ability to work independently, and time management; and
evaluate and reflect upon your own performance and development, to recognise and correct gaps in your knowledge and skills relevant to this unit, future law units and your future professional practice.

Content

The material covered in this unit includes:

  • An overview of the history of public international law;

  • The role of public international law in determining issues of sovereignty, acquisition of territory, and statehood (including control of territory and state responsibility);

  • An introduction to the key modern institutions and principles of public international law;

  • The development of specific rules of public international law in relation to topical areas (eg peacekeeping, the conduct of war, climate change, law of the sea, trade liberalisation, human rights, international criminal justice, refugees);

  • The different theories explaining the interaction of public international law and domestic law;

  • The roles of the executive, parliament and the courts in the implementation of public international law within Australia; and

  • The impact of international bodies on the development and operation of Australian law and policy (including foreign policy).



  • Skills

    In this unit you will develop the following skills:
  • Critical thinking and legal analysis;

  • Information technology literacy;

  • Legal research;

  • Ethical orientation/reflective practice;

  • The ability to work independently and time management.



  • Graduate Capabilities

    Your understanding of the unit content and the development of these skills will assist you to acquire the following law graduate capabilities:
    1. Discipline Knowledge;
    2. Problem Solving, Reasoning and Research;
    3. Effective Communication;
    4. Life Long Learning;
    5. Work Independently and Collaboratively;
    6. Professional, Social and Ethical Responsibility

    Approaches to Teaching and Learning

    The teaching and learning approach in this unit involves an integrated program where you will prepare each week by working through the study guide and undertaking the prescribed readings. You will then build upon your learning by attending weekly lectorials (to develop your understanding of public international law and to allow you to practise and develop your oral communication and legal problem solving skills).

    Study Guide
    The Study Guide for the unit provides an outline of relevant content, prescribed readings and exercises for each week of semester. The Study Guide also contains links to online materials.

    Lectorials
    In this unit there is a two-hour in-person lectorial timetabled for weeks 1-13. The lectorials provide a structure for your learning and explain key unit concepts while allowing you to apply the law that you have learned to practical real world scenarios. The lectorials are audio-streamed on the unit's Blackboard site (including podcast) and are supported by PowerPoint presentations.

    Online Materials - Use of QUT Blackboard
    A variety of regularly updated online learning and teaching resources are made available via the Blackboard site for this unit.

    External Attendance School
    There is no external attendance school in this unit.

    Assessment

    In this unit there is both formative assessment (to receive feedback on your learning) and summative assessment (to receive feedback and a mark).Formative feedback is designed to provide you with feedback on your understanding of unit concepts and on your ability to demonstrate the graduate capabilities and skills being taught in this unit. In this unit you will receive formative feedback by:


    • The face-to-face lectorials (internal students);

    • Contributions to the online discussion forums (external students);

    • The individual and generic written feedback on your assignment (internal and external students); and

    • The option of private consultation with the unit coordinator during student consultation.


    All of the formative feedback you receive links with learning outcome 7.
    Self Reflection
    You should reflect upon the feedback (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:

    • gaps in your knowledge and understanding of the principles of public international law;

    • inadequacies in your problem solving and reasoning;

    • strategies to improve your problem solving, written communication and legal research skills in future assessment; and

    • areas for improvement for future studies within the LLB.


    How does this link with unit learning outcomes?
    You should record your work, the feedback and your reflection, noting your strategies for improvement, in your Student ePortfolio. This links with learning outcome 5.

    Assessment name: Tutorial Discussion
    Description: Internal students will be assessed on their preparation for, participation in and contribution to discussions, analysis, problem solving and skills exercises in lectorials throughout the semester.
    Through your performance in lectorials we will assess your understanding of public international law, your ability to demonstrate the application of public international law to real legal problems, and your oral communication skills.
    Relates to objectives: This assessment links with Learning Outcomes 1-6
    Weight: 20%
    Internal or external: Internal
    Group or individual: Individual
    Due date: Weeks 1-13

    Assessment name: Discussion Forum
    Description: External students will be assessed on contributions to discussions on topics posted throughout the semester.
    Relates to objectives: This assessment links with Learning Outcomes 1-6
    Weight: 20%
    Internal or external: External
    Group or individual: Individual
    Due date: Weeks 1-13

    Assessment name: Assignment
    Description: The assignment (maximum 2000 words) will require you to undertake a real world research project on a prescribed topic of public international law. The topic will be chosen to allow you to critically analyse an area of public international law of current significance. The assignment will assess your skills of researching and evaluating various legal sources, extracting and analysing public international law principles, and constructing arguments using law and policy and legal writing in a real world context.
    Relates to objectives: This assessment links with Learning Outcomes 2, 3, 4
    Weight: 40%
    Internal or external: Both
    Group or individual: Individual
    Due date: Week 10

    Assessment name: Take Home Exam
    Description: There will be a compulsory end of semester take-home exam. The exam will assess your understanding of public international law and your legal problem solving skills.
    Relates to objectives: This assessment item links with Learning Outcomes 1, 2, 3
    Weight: 40%
    Internal or external: Both
    Group or individual: Individual
    Due date: End of Week 14

    Academic Honesty

    QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

    A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

    Resource materials

    Prescribed Materials

    G. Triggs, International Law: Contemporary Principles and Practices, Second Edition, Sydney, LexisNexis Butterworths, 2011.

    D. Rothwell (et al), International Law: Cases and Materials with Australian Perspectives, Melbourne, Cambridge University Press, 2011.

    Recommended References

    I Brownlie, Principles of public international law, Oxford, OUP, 2008.

    Blackboard site
    Online materials for this unit are available through the links in the Study Guide on the unit blackboard site.

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    Risk assessment statement

    There are no out of the ordinary risks associated with this unit.

    Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

    Last modified: 18-May-2012