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Issues in International Law - LAWS4080
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 9230, 9240, 5740, or 5760
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

International law seeks to order human affairs at the international level. It accordingly covers a vast field, extending to issues such as autonomy or otherwise of peoples and territories, the allocation of resources (land, maritime, air), the preservation of the environment, the regulation of interstate transactions, the resolution of disputes and the maintenance of international peace and security. As the Under-Secretary-General for Legal Affairs of the United Nations notes, international law has become not only an important but an integral part of both the international and the domestic legal orders. The centrality of international law to our everyday lives and, in particular, to our practice as lawyers, cannot now be overstated.

This course aims to provide a solid introduction to certain central topics within the overall field of international law. It is designed to stand as an effective 'stand alone' introduction suitable for all students who will enter the legal profession at their national level. It also forms the basis from which further specialization in the area of international law can proceed.

This course must be taken by students in the first semester of the Master of International Law and International Relations. It is also available to other postgraduate students in law.


LLM Specialisations

International Law; Human Rights and Social Justice.

Recommended Prior Knowledge

None

Course Objectives

This course aims to:
  • Assist students to develop an understanding of the issues involved in the regulation of human affairs beyond a single State
  • Give students a basic working knowledge of the structure of the international legal system and its relationship to the Australian legal system
  • Give students a feel for the 'dynamic' of international law, its political nature and distinction from domestic concepts of law
  • Develop an awareness of different methods of international as compared to national law in such matters as textual interpretation and working with judicial decisions
  • Assist students to recognize international legal problems in their subsequent careers and to point them in the direction of ways of resolving them

Main Topics

  • Historical and philosophical underpinnings of international law
  • Structure of international legal system
  • Sources of international law
  • The law of treaties
  • Relationship between international and Australian law
  • Responsibility of States for violations of international law
  • Statehood and title to territory
  • Jurisdiction of States and jurisdictional immunities
  • Judicial settlement of disputes
  • Legal regulation of the use of force
  • Contemporary issues: International law and terrorism

Assessment

Class participation and attendance Preparation and engagement in class 10%
Simulation exercise Oral and written (3,000 words) 30%
Take home exam 60%
 

Course Texts

Prescribed

  • DJ Harris, Cases and Materials on International Law (6th ed., Sweet & Maxwell 2004)
  • JP Fonteyne, A. McNaughton and JS Stellios (eds) Harris - Cases and Materials on International Law: an Australian Supplement (Lawbook Co., 2003)
Recommended
  • Brownlie, Principles of International Law (6th edition) (OUP, 2003)
  • Shaw, International Law (5th ed. Grotius/Cambridge University Press, 2003)
  • Shearer, Starke's International Law

Resources

Refer to Course Outline provided by lecturer at the beginning of session.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.