UNSW Handbook Course - Legal Regulation of the Use of Force

Legal Regulation of the Use of Force - LAWS4087


	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: 1 (more info)
	Further Information: See Class Timetable

Description

All organised societies face the problem of controlling, by law, the use of force. International society is no exception. In fact, the control of the use of force in the international arena has proved to be the most intractable problem in international law. This course will examine the law on the use of force, the jus ad bellum, and the law and practice relating to United Nations enforcement and peacekeeping action. It will examine the inter-relationship between the UN and regional security organisations, and will also examine the changing nature and role of UN security actions in the post-Cold War era. Particular attention will be paid to the development of unilateral security actions such as the war in Iraq and the legality of the doctrine of pre-emptive force.

LLM Specialisations

International Law; Human Rights and Social Justice.

Recommended Prior Knowledge

None

Course Objectives

To provide students with an understanding of the historical development of the characterisation of the use of force as unlawful and of the development of the UN system of collective security
To develop students' knowledge and understanding of the rules relating to the prohibition of the use of force and the exceptions, both agreed and controversial, to those rules
To examine and critically assess the appropriateness, relevance and effectiveness of the international community's attempts, both past and present, to institute collective responses to the unlawful use of force
To develop students' discipline in the advocacy of the legal regulation of the use of force

Main Topics

Limitations on the Unilateral Use of Force by States
Chapter VII and the System for Collective Measures
UN peacekeeping
Regional security

Assessment

Class participation	Preparation and engagement in class	15%
Seminar presentation		20%
Research essay outline	200 - 300 words	5%
Research essay	5,000 - 6,000 words	60%

Course Texts

Prescribed

Christine Gray, International Law and the Use of Force (2nd edn, Oxford University Press, 2004)
The Charter of the United Nations (available online)

Recommended
A detailed supplementary reading list will be prepared by the lecturer.

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© 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.