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Course

Peoples' Tribunals and International Law - JURD7353

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: LAWS8153

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Since the 1960s there have been dozens of “peoples’ tribunals”, “citizens’ tribunals” or similar commissions of inquiry established outside formal State and international structures. These have addressed alleged violations of international law, human rights and moral and ethical standards in areas ranging from the conduct of the Vietnam war, through violence against women, to environmental degradation, the impact of debt, and the rights of workers. The aim of this course is to analyse and evaluate the phenomenon of “citizens’ tribunals” and “peoples’ tribunals”. It will examine how these institutions are conceived of by those who establish and participate in them, and will analyse their role as forms of accountability that exist outside State-sponsored structures. The course will explore the importance of legal form to the constitution and conduct of such tribunals, the extent to which international law (existing or desirable) is invoked as part of the argumentation of the tribunals, and the contributions that such tribunals have made to public acceptance and endorsement of international law standards, to the assessment of the legitimacy of government and intergovernmental actions, and to promoting the causes of those who have organsied such tribunals. The course will have as a primary focus the work of the Permanent Peoples’ Tribunal, but will explore other tribunals as well.


Recommended Prior Knowledge

JURD7781 International Human Rights or equivalent introductory public international law course. Students should have a basic knowledge of the nature and sources of international law, international institutions involved in law-making and dispute resolution, and of the fundamental norms of international human rights.

Course Aims

  • To assist students to develop an understanding of the historical evolution and modern relevance of international law and its institutions, and its limitations for addressing particular categories of grievances;
  • To give students an understanding of the limitations of the State-sponsored system of international law, and to explore the role of civil society institutions engaging with and operating outside that system, and the manner in which State-endorsed international norms can be deployed outside that State-based system;
  • To assist students to develop a critical understanding of the international system and the opportunities it provides for the resolution of disputes governed by international law.

Learning Outcomes

A student who has successfully completed this course should be able to:
  • Explain the reasons for the emergence of peoples’ tribunals or public opinion tribunals in the modern world and demonstrate familiarity with the common features of and important differences between the more prominent international citizens' tribunals;
  • Explain and critique a number of theoretical frameworks that aid in understanding the emergence and function of such tribunals;
  • Demonstrate a critical understanding of specific tribunals and the manner and effectiveness of their deployment of international law, and their potential to influence legal, political or social change (as well as their limitations).

Assessment

Class Participation  10%
Research Essay Outline  10%
Research Essay (6000-7000 words) 80%

Clancy

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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