units

LAW4197

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Not offered in 2016

Synopsis

This unit examines current developments in international and regional instruments and institutions that promote and protect the human rights of indigenous peoples. Comparative perspectives on the rights of indigenous peoples in common law jurisdictions such as Australia, Canada and New Zealand will be studied. Areas of focus include the definitions of indigenous peoples, the concept self-determination, collective and individual rights, land and resource rights, civil and political participation, and economic and cultural rights.
Please note that in 2009 this unit will involve the opportunity to participate in international videoconferencing seminars with universities in North America and New Zealand.

Outcomes

Students will be able to:

  • identify the key current issues regarding the recognition, protection and enforcement of indigenous rights by way of international and regional law and fora;
  • understand the basic parameters of comparative law theory and methodology;
  • research the major theoretical and practical issues about indigenous peoples from international, regional and comparative perspectives;
  • comment on the prospect for reform of the legal rights of indigenous peoples, in the light of current legislative, judicial, political and comparative developments; and
  • present written and oral analysis of complex problems involving indigenous peoples.

Assessment

Examination (2 hours writing time plus 30 minutes reading and noting time) 40% and Research Essay (2,500 words) 50% and Literature Exercise (500 words) 10%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104