| Semester 3, 2021 Online | |
| Short Description: | Public International Law |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 4 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite or Co-requisite: LAW2211
Other Requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
Public International Law builds upon the knowledge and skills developed in first-year law courses to offer an international dimension to the study of law. The course encourages students to understand public international law – and its relevance to Australian domestic law – by learning about its sources, principles and institutions, with specific applications of human rights law.
Synopsis
Public International Law develops an understanding of the sources, principles and institutions of international law, with specific applications of international human rights law. The course explores fundamental concepts such as the nature and sources of international law and the international legal system, the relationship between international and domestic law, criteria for statehood, state personality, jurisdiction and responsibility, and the use of force. It provides a broad introduction to international human rights law, the law of the sea and international environmental law.
Objectives
On successful completion of this course, students should be able to:
- Demonstrate an understanding [explain and apply] of a coherent body of knowledge [relevant to public international law], and underlying principles and concepts; the broader contexts within which legal issues arise [in this area]; (PO1/TLO1).
- Identify and articulate legal issues [relevant to public international law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
- Demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to public international law] (PO4/TLO4).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
- Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development (PO6/TLO6).
- Identify applicable legislation [treaties and other sources of international law], and understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems (PO7).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | International law and the international legal system | 5.00 |
| 2. | Sources of international law | 10.00 |
| 3. | The law of treaties | 5.00 |
| 4. | International law as an influence on Australian domestic law | 10.00 |
| 5. | International human rights law | 10.00 |
| 6. | Personality and recognition | 10.00 |
| 7. | Jurisdiction and immunities | 10.00 |
| 8. | State territory | 5.00 |
| 9. | State responsibility | 10.00 |
| 10. | The use of force and self-defence | 10.00 |
| 11. | The law of the sea (introduction) | 10.00 |
| 12. | International environmental law (introduction) | 5.00 |
Text and Materials
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=03&subject1=LAW2222)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Rothwell, D, Kaye, S, Davis, R, Akhtar-Khavari, A, Saunders, I 2018, International law : cases and materials with Australian perspectives, 3rd edn, Cambridge University Press, Port Melbourne.
Reference Materials
Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Cassimatis, AE, Lacey, W, McNaughton, A & Rayfuse, R 2011, An Australian companion to Harris: cases and materials on international law, 2nd edn, Thomson Reuters, Sydney, New South Wales.
Hall, S 2019, Principles of international law, 6th edn, LexisNexis Butterworths, Sydney, New South Wales.
Harris, D & Sivakumaran, S 2015, Cases and materials on international law, 8th edn, Sweet & Maxwell, London.
Mitchell, AD & Beard, JL 2009, International law in principle, Thomson Reuters, Sydney, New South Wales.
Triggs, GD 2011, International law: contemporary principles and practices, 2nd edn, LexisNexis Butterworths, Chatswood, New South Wales.
Student Workload Expectations
| Activity | Hours |
|---|---|
| Assessments | 40.00 |
| Directed Study | 50.00 |
| Private Study | 39.00 |
| Seminars | 36.00 |
Assessment Details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ONLINE TEST 1 | 10 | 10 | 10 Dec 2021 | (see note 1) |
| ASSIGNMENT | 40 | 40 | 04 Jan 2022 | |
| ONLINE TEST 2 | 10 | 24 Jan 2022 | (see note 2) | |
| ONLINE EXAMINATION | 50 | 50 | End S3 | (see note 3) |
Notes
- Online test 1 will be open for one week prior to the due date.
- Online test 2 is formative only (marks will not count towards final grade). The test will be open for two weeks. The questions in this test assess simple information from Modules 1-10 and resemble the multiple-choice questions in the final exam, so students will find this test to be good practice for that part of the final exam.
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.
Important assessment information
-
Attendance requirements:
Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item. -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
An Online Examination is one in which candidates may have access to any printed or written material. -
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure . -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment Notes
-
Referencing in assignments:
Students studying this course as part of a Bachelor of Laws must use the Australian Guide to Legal Citation (AGLC) style. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. -
Submission of assessments:
If the course details specify that assessments are to be submitted electronically, students will be given instructions on how to submit the assessments on the USQ StudyDesk course website. The due date for an electronically-submitted assessment is the date by which a student must electronically submit the assignment. The assignment files must be submitted on the due date according to USQ time as displayed on the clock on the course home page; that is, Australian Eastern Standard Time.