The University of New South Wales

go to UNSW home page

Postgraduate Handbook

PRINT THIS PAGE
History and Theory of International Law - LAWS4084
Law Books

 
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

This course will examine some of the fundamental issues of legal theory and the history of international law on the basis of Martti Koskenniemi's latest book, The Gentle Civilizer of Nations: the rise and fall of international law 1870-1960. In this book Koskenniemi argues that International law was born from the impulse to 'civilize' late nineteenth-century attitudes towards race and society and discusses the decline of this liberal sensibility after the Second World War. The course, therefore, will not follow the traditional way of discussing the history of international law on the basis of the different epochs of international law and legal theory since the 17th century. Instead, it will focus on a specific period (1870-1960) and discuss some of its main events (like the rise of imperialism and the move from imperialism to internationalisation) as well as its main international legal theorists, like Kelsen, Lauterpacht and Schmitt. One of the leading topics of the course is the relation between international law, sovereignty and the 'mission of civilization'; a question which today is as relevant as in the late 19th century.

LLM Specialisations

International Law; Human Rights and Social Justice.

Recommended Prior Knowledge

LAWS4080 Issues in International Law or its equivalent is a pre- or co-requisite for this course. A general knowledge of the main areas of international law and legal theory will be assumed.

Course Objectives

This course aims to:
  • Introduce you to the development of the international legal system as a basis for regulating conduct between States
  • Introduce you to some of the major theorists of international law
  • Examine the function and purpose of international law, in particular the concept of State sovereignty
  • Provide you with a solid conceptual understanding of international law
  • Help you to appreciate the dynamic and evolving nature of international law
At the end of this course, you should be able to:
  • Understand the sources, principles, procedures and institutions of international law
  • Recall the origins and evolution of those principles, procedures and institutions
  • Explain the meaning of the legal concepts, doctrines and principles you studied
  • Demonstrate your ability to think critically, to justify your ideas in a reasoned manner, and to evaluate legal theories, in part through a research essay
  • Communicate (orally and in writing) in an effective and scholarly way

Main Topics

  • From Legal Indeterminacy to the Politics of Law: An Introduction to Martti Koskenniemi's Theory of International Law
  • "The Legal Conscience of the Civilised World", Naturalism, Positivism and the Liberal Sensibility
  • Colonialism and International Law
  • The Move to Abstraction: Kelsen's Pure Theory of Law
  • Rule of Law and the Rule of Lawyers: Lauterpacht's and the Victorian Tradition
  • An Alternative Meaning of Liberalism: Carl Schmitt, Hans Morgenthau and the Critique of Universal Moralism
  • Current Civilising Projects: The Revival of Kantian Theories of International Law

Assessment

Class participation Preparation and engagement in class 20%
Research essay 5,000 - 6,000 words 80%
 

Course Texts

Prescribed

  • Martti Koskenniemi, The Gentle Civilizer of Nations: the Rise and Fall of International Law 1870-1960, Cambridge University Press, 2002
  • Supplementary materials prepared by the Lecturer which will be distributed at the first class.

Recommended
Refer to Course Outline and Reading Guide 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.