units

LAW7478

Faculty of Law

18 September 2017 22 November 2024
Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

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LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2013

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Synopsis

Topics include: theories, history, politics and practice of public international law; the sources of public international law; the relationship between international and national law; the role of the different subjects of public international law; the system of Statehood and territorial sovereignty; jurisdiction, privileges and immunity in public international law; the responsibility of States for internationally wrongful acts; the use of force by States and self-defence; international dispute resolution and the pacific settlement of disputes; key areas of the practice of public international law, and some of the challenges and future developments in public international law.

Outcomes

On completion of this subject students should understand and be able to critically analyse, research and apply the following knowledge:

  • the theories, history, politics and practice of public international law;
  • the sources of public international law, how they are understood and applied in a fragmented legal terrain;
  • the relationship between international and national law and how specifically one can be interpreted and applied in the other (with a particular emphasis on the complex system in Australia);
  • the role of the different subjects of public international law; the primary role of States, the crucial role of international institutions (especially the United Nations) and the growing role of individuals, corporations and others in the international legal system;
  • the system of Statehood and territorial sovereignty;
  • jurisdiction, privileges and immunity in public international law;
  • the responsibility of States for internationally wrongful acts;
  • the use of force by States and self-defence, including questions of legitimacy, peacekeeping, the emerging practice of humanitarian intervention and the role of the UN Security Council;
  • international dispute resolution and the pacific settlement of disputes, including the use of different courts and tribunals, commercial and other arbitration systems, etc;
  • areas of the practice of public international law, such as Law of the Sea, Trade and Finance law, Human Rights, Environmental law and International Criminal law; and
  • some of the challenges and future developments in public international law.

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%

Chief examiner(s)

Dr Richard Joyce

Contact hours

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

This unit applies to the following area(s) of study

Human rights law
International and comparative law