LAW 1508 - International Law
North Terrace Campus - Semester 2 - 2017
General Course Information
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 Available for Study Abroad and Exchange Y Prerequisites LAW 1501 Corequisites LAW 1501 for Mid-year entry students only 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. 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 and International Criminal Law.
Course Coordinator: Professor Dale StephensCourse Staff
Associate Professor Dale Stephens CSM (Course Coordinator)
Room 2.17, Ligertwood Building
Email: firstname.lastname@example.org Phone: 08 8313 5937
Dr Rebecca La Forgia
Room 2.10, Ligertwood Building
Email: email@example.com Phone: 08 8313 0877
Dr Matthew Stubbs
Room 3.13, Ligertwood Building
Email: firstname.lastname@example.org Phone: 08 8313 3530
The full timetable of all activities for this course can be accessed from Course Planner.
Course Learning OutcomesInternational 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.
On successful completion of this course, students will be able to:
- Identify the nature of international law and the structure of the international legal system.
- Explain 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.
- Apply several key areas of international law including the law surrounding the use of force, space law and human rights.
- Explain the operation and application of international law in practical contexts.
- Develop effective skills, both orally and in writing, in the construction of legal argument and analysis on issues of international law.
University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Deep discipline knowledge
- informed and infused by cutting edge research, scaffolded throughout their program of studies
- acquired from personal interaction with research active educators, from year 1
- accredited or validated against national or international standards (for relevant programs)
1,2 Critical thinking and problem solving
- steeped in research methods and rigor
- based on empirical evidence and the scientific approach to knowledge development
- demonstrated through appropriate and relevant assessment
4 Teamwork and communication skills
- developed from, with, and via the SGDE
- honed through assessment and practice throughout the program of studies
- encouraged and valued in all aspects of learning
5 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
2 Intercultural and ethical competency
- adept at operating in other cultures
- comfortable with different nationalities and social contexts
- Able to determine and contribute to desirable social outcomes
- demonstrated by study abroad or with an understanding of indigenous knowledges
Stephen Hall, Principles of International Law (LexisNexis 5th ed, 2016).
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 ResourcesThe 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 LearningMyUni 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 ModesEach 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.
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
Lecture and Seminar Topic
Course Introduction (Objectives, Structure & Content)
Sources of International Law – Customary International Law
Sources of International Law – Treaties, General Principles, Subsidiary Sources and ‘Soft Law’
International Space Law
Statehood, Sovereignty and Territory
Maritime Jurisdiction and Law of the Sea
State Responsibility and Remedies
Use of Force
Law of Armed Conflict
International Human Rights
Jurisdiction and International Fact Finding
International Law in Australia
Specific Course RequirementsThere are no additional requirements for completion of this course other than described elsewhere in this document.
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
% of final mark
Group or individual assessment
Essay (1,500 words) - (Optional)
Monday – Week 6, 2:00pm
Friday - Week 4, 4.00pm
Examination (2 and a half hours, open book)
65% or 95%
In semester 2 examination period
Assessment Related RequirementsN/A
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.
SubmissionStudents 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.
Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.
Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.
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.
Approval of Results by Board of ExaminersStudents are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.
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.
- Academic Support with Maths
- Academic Support with writing and speaking skills
- Student Life Counselling Support - Personal counselling for issues affecting study
- International Student Support
- AUU Student Care - Advocacy, confidential counselling, welfare support and advice
- Students with a Disability - Alternative academic arrangements
- Reasonable Adjustments to Teaching & Assessment for Students with a Disability Policy
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.
The centre offers 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/
Lex Salus Program
Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.
The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:
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, 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.
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.
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