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International Law and Use of Force - JURD7487

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8087

CSS Contribution Charge: 1 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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 one of the most intractable problems in international law. This course will examine the international law on the use of force, the jus ad bellum. It will introduce students to the laws relating to the prohibition of the use of force and discuss their exceptions, both agreed and controversial. Course participants will examine the law and practice relating to United Nations enforcement and peacekeeping action, including the changing nature and role of UN security actions in the post-Cold War era. The course will pay particular attention to the development of unilateral security actions such as the war in Iraq (2003) and discuss other recent developments such as the legality of the doctrine of pre-emptive force.

Recommended Prior Knowledge

None, but JURD7481 Public International Law or equivalent is a recommended pre- or co-requisite.

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	20%
Seminar presentation		15%
Research essay outline	200 - 300 words	5%
Research essay	5,000 - 6,000 words	60%