Units

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Sample subject outline - Semester 1 2013

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

Rationale

Public international law is the foundational law which governs the rules operating as between States. It establishes, for instance, the contexts in which force may be used, how new States come into being, what environmental obligations States owe to one another, and the immunities States and their representatives may enjoy from prosecution. It is pursuant to international law that international courts and tribunals have been established to prosecute war criminals. Furthermore, doctrines of international law underpin arguments concerning the appropriate maritime boundaries between states or the competence of international forces to intervene in situations of humanitarian crisis or conflict. Not only is international law vital to understanding many high-profile world events, increasingly Australian law is being shaped by norms of international law such as international human rights law.

Knowledge of international law is of particular assistance to practitioners wishing to fashion creative arguments for use in Australian courts when dealing with international issues, as well as being of intrinsic interest to those interested in exploring the concept of laws operating beyond national boundaries. It will also be of particular use to those wishing to practise with a Government agency or international agency.

Aims

This unit aims to introduce you to the study of public international law through in depth analysis and examination of contemporary areas of law, policy and practice relating to this area of law.

Objectives

On successful completion of this unit you should be able to:
1. Discuss the sources of international law including treaty law and customary international law;
2. Apply the rules of treaty interpretation;
3. Appraise theoretical debates about the nature of international law;
4. Identify, and evaluate the mechanisms for enforcement of international law with respect to States and international organisations;
5. Critically evaluate the application of international norms governing particular areas such as the creation of new States; acquisition of territory; self-determination, State responsibility and the use of force;
6. Analyse complex international law issues;
7. Communicate, orally and in writing, the implications of international law;
8. Demonstrate advanced written, critical analysis and research skills within the context of public international law.

Content

• Introduction to Public International Law: History and Scope


• The sources of Public International Law


• The rules governing interpretation of treaties


• Recognition of States


• State Responsibility


• Jurisdiction, Privileges and Immunities


• Enforcement of International Law


• The Role of International Law in Domestic law


• Use of Force


• International Human Rights Law


• Refugee Law

Approaches to Teaching and Learning

This unit is taught as a series of weekly seminars across the 13 weeks of semester. Seminars will involve a combination of methods of learning, including group exercises and class discussions. For internal students, each week you will be required to read a number of prescribed materials before attending the seminar. It will be assumed that you have read these materials prior to class.

The seminars will be recorded for external students and audio-streamed on the Blackboard site.

This unit is supported by the online QUT Blackboard teaching site. The Blackboard site will be used to provide links to additional reading material to support your learning. An online discussion forum will also be created on the Blackboard site to enable students to raise issues or continue discussions between classes.

Assessment

Assessment in this unit is both formative and summative.You will receive formative feedback in class through the lecturer's responses, group discussions and comments regarding your preparatory work for each seminar. You will also receive feedback on your research proposal and research paper.

Assessment name: Presentation
Description: seminar. You will be asked to indicate areas of particular interest from those covered in the unit and an attempt will be made to allocate a topic within those areas (depending on student numbers). You will be asked to hand in a 1-2 page summary of your presentation. This component is intended to evaluate comprehension of, and the capacity to critically analyse, the written materials studied in this unit. Assessment will be based upon the extent to which the paper demonstrates a reflective understanding of a single topic of relevance to the unit.
Due Date: Date topic is covered in class as agreed with unit coordinator
Relates to objectives: (1)-(7)
Weight: 15%
Internal or external: Internal
Group or individual: Individual
Due date: In Description

Assessment name: Research Proposal
Description: You must submit a proposal for your research paper on an issue that arises out of the areas of law covered in class. The proposal is to be a maximum of two pages long and must set out your topic for the assignment, as well as your focus questions and methodology. A list of suggested topics will be distributed at the commencement of the unit, but you are also free to devise a topic of your own, with the Unit Coordinator's approval. There will be discussion within the class on the scope of topics contained in the list of suggested topics.
Relates to objectives: (1)-(5) and (7)
Weight: 15%
Internal or external: Both
Group or individual: Individual
Due date: Wk 5

Assessment name: Research Paper
Description: Taking into account the feedback you received on your Research Proposal, you are to submit a written research paper (6000-8000 words). In your research paper, you must identify and analyse a major legal issue and you must critically assess the current situation, considering the legal and other social forces that have motivated the current position. You should then convey the results of your investigation in clear writing, observing legal citation standards and the rules of good English.

Your research paper should comply with the rules for the presentation of research papers and projects in the section on "Guidelines for Presentation of Research Papers and Research Projects" in the Postgraduate Student Information Booklet.
Relates to objectives: (1)-(8)
Weight: 70%
Internal or external: Both
Group or individual: Individual
Due date: Wk after Wk 13

Assessment name: Essay
Description: External students must submit a 1500 word essay on a topic allocated by the unit coordinator. The topics will be allocated by the end of week 3.
Relates to objectives: (1)-(8)
Weight: 15%
Internal or external: External
Group or individual: Individual
Due date: Wk 7

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 text

G Triggs, International Law: Contemporary Principles and Practices, 2nd ed (LexisNexis Butterworths, 2011)
DR Rothwell, S Kaye, A Akhtarkhavari and R Davis, International Law: Cases and Materials with Australian Perspectives, (Cambridge University Press, 2011)

Recommended texts

D K Anton, P Mathew, W Morgan, Cases and Materials on Public International Law, OUP, 2005
S Blay, R Piotrowicz (eds) Public International Law: An Australian Perspective, 2nd edition, (OUP, 2005).
G Boas, Public International Law: Contemporary Principles and Perspectives' (Edward Elgar, 2012)
B Broomhall, International justice and the International Criminal Court, (OUP, 2004)
A Cassese (ed) Realising Utopia: The Future of International Law (OUP, 2012)
A Cassese, International Criminal Law,2nd ed, (OUP, 2008)
A Cassese, International Criminal Law: Cases and Commentary (OUP, 2011)
A Cassesse, International Law, 2nd ed (OUP, 2005)
A Cassimatis et al, An Australian Companion to Harris: Cases and Materials on International Law (Thomson Reuters, 2011)
H Charlesworth and C Chinkin, The Boundaries of International Law: A Feminist Analysis, (Manchester University Press, 2000)
J Crawford, The Creation of States in International Law, (OUP, 1979)
J Crawford and M Koskenniemi (eds) The Cambridge Companion to International Law (Cambridge, 2012)
J Crawford, 'Brownlie's Principles of Public International Law (OUP, 2012)
M Dixon, Textbook on International Law, 5th ed, (Blackstone Press, 2005)
M Dixon and R McCorquodale and S Williams, Cases and Materials on International Law, 5th ed, (OUP, 2011)
M Evans, International Law, (OUP, 2003)
TM Franck, Fairness in International Law and Institutions, (OUP, 1995)
DW Greig, International Law, 2nd ed, (Butterworths, 1976)
S Hall, Principles of International Law, 3rd ed (LexisNexis 2011)
D J Harris, Cases and Materials on International Law, 7th ed, (Sweet and Maxwell, 2010)
L Henkin, How Nations Behave, 2nd ed, (Columbia University Press, 1979)
R Higgins, Problems and Process: International Law and How We Use It (OUP, 1994)
M Koskenniemi, The Politics of International Law (OUP, 2012)
M Koskenniemi, The Gentle Civilizer of Nations: The Rise and Fall of International Law, 1870-1960, (Columbia University Press, 2002)
M Koskenniemi, From Apology to Utopia: The Structure of International Legal Argument, (Cambridge, 2006)
A McBeth, J Nolan and S Rice, The International Law of Human Rights, (OUP 2011)
R McCorquodale, 'International Law Beyond the State: Essays on Sovereignty, Non-State Actors and Human Rights' (CMP 2011)
M Shaw, International Law, 6th ed, (Cambridge University Press, 2008)
B Weston, R Falk, H Charlesworth, A Strauss, International Law and World Order: A Problem Oriented Coursebook(4th ed),West 2006 Useful Websites

Press Articles

In each lecture, we are likely to be covering subjects which either have been or are being reported in the international media. In the lead-up to the course, students may find it interesting to note the references in the media to international law and the role of law in settling disputes/setting standards in the international arena. Feel free to bring to class articles/references which you think are most pertinent.

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: 16-Oct-2012