LAW4122

International law 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Dr Eric Wilson/Ms Rowena Cantley-Smith

Offered:
Clayton First semester 2005 (Day)
Clayton Second semester 2005 (Day)

Synopsis: This principles of public international law with particular emphasis on the question of enforcement from the perspective of an aggrieved state or individual. Nature and sources of international law. Territory. Personality. Recognition of states and governments. International and municipal law. State jurisdiction. State and diplomatic immunity. State responsibility. The use of force and dispute settlement.

Objectives: On completion of this subject students should (1) understand the distinctive nature of international law and some of its basic doctrines and subject areas; (2) appreciate the increasing impact of international law on Australian domestic law and how national laws generally are being 'globalised'; (3) demonstrate a capacity to conduct research on a specific aspect of public international law; (4) understand how international law is becoming more concerned with individuals rather than nation states and so can provide solutions to domestic legal problems; and (5) have acquired an awareness of how a system of law can be based upon political and economic factors and the irrelevance of the law/politics distinction in this context.

Assessment: Semester 1: Mid-semester class test: 20% + Take home exam: 80% Semester 2: Examination (3 hours writing time plus 30 minutes reading and noting time): 100% OR Essay (2000 words): 30% + Examination (2.5 hours writing time plus 30 minutes reading and noting time): 70%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society