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Public International Law - LAWS2081
UNSW Clancy Auditorium

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001, LAWS1011; or LAWS1610; Corequisite: LAWS2311 or LAWS1010.
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course aims to provide students with a solid introduction to some central topics within the field of public international law. It is a recommended pre- or co-requisite for all other international law courses offered by the School of Law.

International law seeks to order human affairs at the international level. Accordingly, it covers a vast field, including autonomy of peoples and territories, the allocation of resources (land, maritime, air), the preservation of the environment, the regulation of inter-State transactions, the resolution of disputes and the maintenance of international peace and security. International law has become not only an important, but an integral, part of both the international and domestic legal orders. The centrality of international law to our everyday lives and, in particular, to our practice as lawyers, cannot be overstated.

Recommended Prior Knowledge

None

Course Objectives

The specific aims of the course are:
  • To assist students to develop an understanding of the issues involved in the regulation of human affairs beyond a single State
  • To give students a basic working knowledge of the structure of the international legal system and its relationship to the Australian legal system
  • To enable students to develop an awareness of different methods of international as compared to national law, in such matters as textual interpretation and working with judicial decisions
  • To 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

  • Nature, scope and development of international law
  • Structure of the international legal system
  • Sources of international law
  • Law of treaties
  • International and municipal law
  • Personality, statehood and recognition
  • Title to territory
  • State jurisdiction
  • Immunity from jurisdiction
  • State responsibility

Assessment

Class participation 10%
Class test 20%
Mid-term essay 25% (optional)
Final exam either 45% or 70%, depending on optional essay
 

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

  • I Brownlie, Basic Documents in International Law (5th edn OUP Oxford 2002)
  • M Evans (ed) International Law Documents (7th edn OUP Oxford 2005)
  • G Triggs, International Law: Contemporary Principles and Practices (LexisNexis Butterworths 2006).
Note that all international instruments are available online.

A particularly useful resource can be found at http://www.oup.com/uk/orc/bin/statutes/books/02international/weblinks, with links to all the major treaties.

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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.