SO Public international Law PDF

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Summary

The subject outline for the course. Provides an overview...

Description

SUBJECT OUTLINE 70108 Public International Law Course area

UTS: Law

Delivery

Autumn 2021; City

Credit points 6cp Requisite(s)

70616 Australian Constitutional Law OR 70110 Introduction to Law There are also course requisites for this subject. See access conditions.

Result type

Grade and marks

Subject coordinator Dr Ana Filipa Vrdoljak Professor Telephone: (02) 9514 9677 Room : B2.15.145 Email : [email protected]

Teaching staff Dr Ana Filipa Vrdoljak Professor Telephone: (02) 9514 9677 Room : B2.15.145 Email : [email protected] Dr David Leary Professor Telephone: (02) 9514 3160 Room : B2.15.129 Email : [email protected] Dr Brian Opeskin Professor Telephone: (02) 9514 9670 Room : B2.15.138 Email : [email protected] Dr Sara Dehm Lecturer Telephone: (02) 9514 3161 Room : B2.16 Email : [email protected]

Subject 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. 14/02/2021 (Autumn 2021)

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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 and presenting case studies 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 essay. 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 facilitate large group discussions 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;

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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. A Subject Guide containing details of the prescribed reading including extracts from the required text and/or 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 oral facilitation that requires students to work in small groups to prepare and present their understanding of legal principles to facilitate class oral analysis (Assessment task 1). These activities reflect the authentic practice of international law and high-level oral communication skills will assist students in their legal and professional life. Instructor feedback is provided collectively and individually on an ongoing basis in relation to oral contributions in seminars and to groups on their facilitation and presentation. Strategy 4: Feedback Ongoing formative feedback is provided during seminars to individuals, groups, and tutorial group throughout the teaching session. Students also complete an essay building on their case study presentation which assesses critical analysis and written communication skills (Assessment task 2) and are provided formal, written feedback. Students leading the tutorial case study through a collaborative audiovisual presentation and facilitation of class discussion are provided with formal, written feedback. 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

Program Week/Session

Dates

14/02/2021 (Autumn 2021)

Description

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1

22 Feb

Module 1: Sources of International Law I Required reading as detailed in the Subject Guide. Notes: Tutorial: Problem scenario

2

1 Mar

Module 1: Sources of International Law II and Relationship between International law and municipal law Required reading as detailed in the Subject Guide. Notes: Tutorial: Problem scenario

3

8 Mar

Module 2: Personality and Recognition I Required reading as detailed in the Subject Guide Notes: Tutorial: Problem Scenario

4

15 Mar

Module 2: Personality and Recognition II Required reading as detailed in the Subject Guide. Notes: Tutorial: Case Study

5

22 Mar

Module 3: State Jurisdiction and immunities I Required reading as deatailed in the Learning Guide. Notes: Tutorial: Problem Scenario

6

29 Mar

Module 3: State Jurisdiction and immunities II Required reading as detailed in the Subject Guide. Notes: Tutorial: Case Study

5 Apr

Mid session StuVac Notes: There are no classes

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7

12 Apr

Module 4: Law of Treaties I Required reading as detailed in the Subject Guide Notes: Tutorial: case study

8

19 Apr

Module 4: Law of Treaties II Required reading as detailed in the Subject Guide. Notes: Tutorial: Problem scenario

9

26 Apr

Module 5: State responsibility I Required reading as detailed in the Subject Guide. Notes: Tutorial: Case study

10

3 May

Module 5: State responsibility II Required reading as detailed in the Subject Guide. Notes: Tutorial: Problem scenario

11

10 May

Module 6: Settlement of disputes Required reading as detailed in the Subject Guide. Notes: Tutorial: Case study

12

17 May

Module 6: Use of force Required reading as detailed in the Subject Guide. Notes: Tutorial: Revision and Examination Preparation

Assessment Assessment task 1: Case study: audio-visual presentation and facilitating class discussion

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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:

20%

Task:

Students will be allocated a case study which they are required to prepare in collaboration with other students to prepare an audiovisual presentation (of not more than 10mins) to be uploaded onto Canvas 24 hrs prior to their allocated tutorial and facilitate in leading class discussion on the case study. Details of the Case Study and Assessment Task 1 is contained in the Subject Guide. Allocation of groups for the case studies will be finalised in Week 1. In addition, active engagement with the course materials is a requirement for successful completion of this subject. Students will be expected to prepare the readings each week before lectures and tutorials and be able to contribute actively and positively to class discussion.

Length:

1000 words (equivalent)

Due:

Tutorial for presentation and facilitation of discussion on case study will be allocated and announced in Week 1. Audiovisual presentation must be uploaded onto Canvas no later than noon of the Friday of the week preceding the allocated tutorial. See Canvas Assignments for dates due for each case study. See also Further information.

Criteria:

Group component (audio-visual presentation) – 10% Content and effectiveness. Preparation and presentation of required information of allocated case study clearly, concisely and accurately to facilitate understanding by the class of the case as it relates to the topic of the module Process and professionalism. Evidence of constructive group collaboration accompanied by appropriate and engaging presentation and delivery. Individual component (facilitating class discussion) – 10% Individual oral communication of required information of the case study clearly, concisely and accurately to facilitate understanding by the class of the case as it relates to the topic of the module during the student’s allocated tutorial Individual oral communication by student, demonstrating ongoing, active engagement with the weekly course materials to facilitate class discussion in a positive and constructive manner.

Assessment task 2: Case study: Written critical analysis 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.3.1 and LAW.5.1 Weight:

20%

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Task:

A critical analysis in writing of the impact of the student’s allocate case study on the development of international law related to the relevant topic of the module. Building on the student’s prior work and oral feedback received in respect of Assessment Task 1, the student must prepare a critical analysis and evaluation of the allocated key case by: Situating it within the relevant principles and concepts of international law analyse social, political and doctrinal issues, and where appropriate, consider reform initiatives. Details of the Case Study and Assessment Task 2 is contained in the Subject Guide. Students must successfully complete the online referencing and academic integrity quiz prior to submitting their essay

Length:

1500 words (including references and bibliography) 10% leeway applies.

Due:

Case Studies in class will be allocated and announced in Week 1. Essay must be uploaded via Turnitin on Canvas no later than 5pm of the Friday of the week following the allocated tutorial. See Canvas Assignments for dates due for each case study.

Criteria:

This task is individually assessed. Students must, as always, adhere to University Rules prohibiting plagiarism and collusion. 1. Understanding and application of Public International Law and issues: Understands the topic and identifies relevant issues Understands and applies key Public International Law concepts and principles Appropriate use of relevant legal instruments, case law, and secondary sources Distinguishes description from analysis 2. Critical Analysis and evaluation Interprets topic accurately Engages with primary and secondary sources Applies reasoning and research from primary and secondary sources to generate effective legal arguments Develops a sustained thesis and supports conclusions by argument Engages in critical analysis and makes reasoned choices amongst alternatives Critically analyses social, ethical and doctrinal issues relevant to the question Adopts an individual perspective: insight and originality Structures essay well: logical organization, effective introduction and conclusion Addresses and answers the question 3. Appropriate communication of critical analysis in essay format, including: Complies with either the Australian Guide to Legal Citations (AGLC) or the Oxford University Standard for the Citation of Legal Authorities (OSCOLA), includes all necessary footnotes and provides bibliography with all cited material included Clear structure, including paragraphing, headings and page numbers Clear expression in plain English with correct spelling, grammar and syntax

Further Word limit: Students must display an accurate word count on the title page of the assignment; information: approximate counts will not be accepted. Students will be allowed a 10% leeway either side of 2000 words. Students who exceed the upper word limit will be penalised one mark for every fifty words in excess of the limit. Word limits do not include footnotes or the bibliography. Footnotes and bibliography are essential components of the assignment. Correct referencing (in accordance with either the Australian Guide to Legal Citations (4th edition) or the Oxford University Standard for Citation of Legal Authorities (OSCOLA) available on UTS Online) is essential.

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Submission: is via Turnitin. Include in submission: Essay Cover Sheet and Declaration - signed. Extensions: Students whose studies are affected by serious illness or hardship, and require long-term extensions should submit an Application for Special Consideration. Late essays: Unless an extension is obtained in accordance with UTS:Law procedures, any essay submitted after 1pm on the due date will be penalised by way of loss of marks. As per the UTS:Law Subject Information Booklet: Five per cent (5%) of the marks for the assessment task will be deducted per day for assessment tasks submitted after the due date, including Saturdays, Sundays and public holidays. For assessment tasks submitted after the due date and time when the following day is a weekend or public holiday, the date of receipt will be deemed to be the first business day following the weekend or public holiday. Any essay submitted more than one week late will be rejected without assessment. Plagiarism: Your essay MUST BE ENTIRELY YOUR OWN WORK. Essays must be submitted directly through Turnitin software; the submission portal will be accessible via UTSOnline. Plagiarism is a serious academic wrongdoing. Student must be aware of and abide by the rules concerning plagarism. For information see here.

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:

60%

Task:

Completing two separate written advices to various parties involving application of their legal knowledge to develop and justify arguments, using the rules and principles of international law and taking account the interaction between law and policy in the international context. It comprises two problem questions, each being a complex factual scenario with multiple issues and parties. Students are required to write advice that provides thorough analysis of complex factual and legal issues, sets out the international law ...