LAW 1508 - International Law

North Terrace Campus - Semester 2 - 2014

This course provides students with an introduction to law in its global context in this age of trans-national and inter-jurisdictional practice, with particular focus on public international law and its significance to Australian law. Additionally, private international law and comparative law will be covered and the nature and objectives of these areas highlighted and distinguished. The course commences with an introduction to the development and nature of public international law as well as distinctive elements of international legal reasoning. It then addresses key features of international law, with topics chosen from: the sources of international law with emphasis on customary international law and the law of treaties; adjudication and enforcement of international law; the structure of the international community and participants in the international legal system; the peaceful settlement of international disputes; state responsibility; jurisdiction and immunity; international maritime law and the law of the sea; the use of force; international human rights; the law of armed conflict; international economic law and international environmental law.

  • General Course Information
    Course Details
    Course Code LAW 1508
    Course International Law
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact up to 3 hours per week
    Prerequisites LAW 1501
    Incompatible LAW 2520
    Restrictions Available to LLB students only
    Course Description This course provides students with an introduction to law in its global context in this age of trans-national and inter-jurisdictional practice, with particular focus on public international law and its significance to Australian law. Additionally, private international law and comparative law will be covered and the nature and objectives of these areas highlighted and distinguished. The course commences with an introduction to the development and nature of public international law as well as distinctive elements of international legal reasoning. It then addresses key features of international law, with topics chosen from: the sources of international law with emphasis on customary international law and the law of treaties; adjudication and enforcement of international law; the structure of the international community and participants in the international legal system; the peaceful settlement of international disputes; state responsibility; jurisdiction and immunity; international maritime law and the law of the sea; the use of force; international human rights; the law of armed conflict; international economic law and international environmental law.
    Course Staff

    Course Coordinator: Professor Dale Stephens

    Course Staff
    Associate Professor Dale Stephens CSM (Course Coordinator)
    Room 2.17, Ligertwood Building
    Email: dale.stephens@adelaide.edu.au Phone: 08 8313 5937

    Dr Rebecca La Forgia
    Room 2.10, Ligertwood Building
    Email: rebecca.laforgia@adelaide.edu.au Phone: 08 8313 0877

    Dr Matthew Stubbs
    Room 3.13, Ligertwood Building
    Email: matthew.stubbs@adelaide.edu.au Phone: 08 8313 3530
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    International Law is essentially the law which governs the relationship between nation-states, although the subjects of international law now also extend to individuals, international organisations and other actors.

    This course aims to enable students:
    1. to understand the nature of international law and the structure of the international legal system;
    2. to understand the basic elements of public international law - its sources and subjects, the recognition and jurisdiction of States in international law and principles of State responsibility;
    3. to develop an understanding of several key areas of international law including the law surrounding the use of force and human rights;
    4. to develop an understanding of how international law influences the development and adaptation of Australian domestic law through legislative, executive and judicial action;
    5. to critically examine the operation and application of international law in practical contexts;
    6. to develop effective skills, both orally and in writing, in the construction of legal argument and analysis on issues of international law;
    7. to undertake self-directed international legal research at a high level, including through the use of online technologies;
    8. to understand the elements of comparative and private international law and their distinctions with public international law.
    University Graduate Attributes

    No information currently available.

  • Learning Resources
    Required Resources

    Stephen Hall, Principles of International Law (LexisNexis 4th ed, 2014).

    Please note: although this book may be available for purchase from the publisher as an e-book, you will not be permitted to take an e-book into the examination in this course.

    Recommended Resources
    The law library has an extensive collection of international law textbooks, many of which are held on Reserve. We would recommend starting with the following texts if you require further information on one of the topics addressed in the course:

    · James Crawford, Brownlie’s Principles of Public International Law (Oxford University Press, 8th ed, 2012).
    · Donald R Rothwell et al, International Law: Cases and Materials with Australian Perspectives (Cambridge University Press, 2011).
    · Gillian D Triggs, International Law: Contemporary Principles and Practices (LexisNexis Butterworths, 2nd ed, 2010).
    · Vaughan Lowe, International Law (Oxford University Press, 2007).
    · Malcolm N Shaw, International Law (Cambridge University Press, 6th ed, 2008).
    · Peter Malanczuk (ed), Akehurst’s Modern Introduction to International Law (Routledge, 7th rev ed, 1997).
    · Donald K Anton, Penelope Mathew and Wayne Morgan, International Law: Cases and Materials (Oxford University Press, 2005).
    · Sam Blay, Ryszard Piotrowicz and Martin Tsamenyi, Public International Law: An Australian Perspective (Oxford University Press, 2nd ed, 2005).
    · Robert Jennings and Arthur Watts (eds), Oppenheim’s International Law (Longman, 9th ed, 1992).
    · David Harris, Cases and Materials on International Law (Sweet and Maxwell, 7th ed, 2010).
    · Anthony E Cassimatis et al, An Australian Companion to Harris (Lawbook Co, 2nd ed, 2011).
    · Martin Dixon, Textbook on International Law (Oxford University Press, 6thed, 2007).
    · Antonio Cassese, International Law (Oxford University Press, 2nd ed, 2005).
    · Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010)
    Online Learning
    MyUni will be used to post announcements, additional lecture materials (including slides, and where available, recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile and Course Materials.

    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Each week students will be expected to attend a two-hour lecture, as well as a one-hour seminar which involve discussion of answers prepared by students to questions set addressing the topic for that week.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time: attend 2 hours lectures plus 1 hour seminar each week. This amounts to 36 hours of formal class time across the semester.

    Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.
    Learning Activities Summary
     

    Week

    Lecture and Seminar Topic

    Lecturer

    1

    Course Introduction (Objectives, Structure & Content)

    Sources of International Law – Customary International Law

    DS

    MS

    2

    Sources of International Law – Treaties, General Principles, Subsidiary Sources and ‘Soft Law’

    RLF

    3

    Statehood 

    Maritime Jurisdiction

    MS

    DS

    4

    State Responsibility and Remedies

    RLF

    5

    State Jurisdiction & Immunity

    RLF

    6

    International Organisations including the United Nations;

    Peaceful Settlement of Disputes / The International Judiciary

    MS

    7

    International Law in Australia

    MS

    8

    Use of Force

    DS

    Mid-Semester Break

    9

    International Human Rights 

    MS

    10

    The Law of War (International Humanitarian Law)

    DS

    11

    International Criminal Law 

    DS

    12

    Revision

    All

    Specific Course Requirements
    There are no additional requirements for completion of this course other than described elsewhere in this document.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
     

     

    Assessment item

    % of final mark

    Due date

    Group or individual assessment

    Redeemable

    Learning objectives

    Essay (1,500 words) - (Optional)

    30%

    Monday – Week 6, 2:00pm

    Individual

    Yes

    1,2,3,4,5,6,7

    Quiz (online) – Private International Law Module - 
    (Optional)

    2%(Extra Credit)

    Friday – Week 9, 2.00pm

    Individual

    No

    8

    Quiz (online)

    5%

    Friday - Week 8, 5.00pm 

    Individual

    No

    1,2,3,4,5,6,7

    Examination (2 and a half hours, open book)

    65% or 95%

    In semester 2 examination period

    Individual

    No

    1,2,3,4,5,6

    Assessment Related Requirements
    N/A
    Assessment Detail


     Essay (30%, optional, redeemable)
    The essay will require students to answer a set question on an international law topic. Further assignment instructions will be posted on MyUni. DUE DATE: Monday, beginning of Week 6 at 2.00pm.


     
    Examination (65% or 95%, compulsory)
    A 2 and a half hour open book examination will be scheduled during the semester 2 examination period. The examination will cover all topics addressed in the course except material which was addressed only in the online module on private international law. Students will be required to answer some questions based on the application of the relevant law to a problem scenario and other questions which will require a short essay-style answer.
    Submission
    Students must retain a copy of all assignments submitted.

    The essay must be submitted in accordance with the specific directions contained in the essay instructions which will be made available on MyUni.

    Extensions: Requests for extensions must be made electronically, according to law school policy, at http://www.law.adelaide.edu.au/students/downloads/forms/extension-application.html. As this is an optional assessment, there would normally be NO extensions. Students should coordinate their timetable to be able to undertake the essay if they wish to do so. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support

    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.


    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.


    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/

  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide 2013, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.

  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.