units

LAW4669

Faculty of Law

18 September 2017 22 November 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 seeks to further understanding of two highly dynamic yet overlapping areas of international law, the legal order of the European Union (EU) on the one hand and Human Rights Law on the other hand. The EU presents itself as a highly developed international organization producing directly applicable law for European citizens and stretching its competences well beyond what most ordinary international organizations have been endowed with to date. But can it also serve as a role model when it comes to human rights protection? To answer this question the course will cover the foundations of EU and Human Rights Law. We will scrutinize various sources of human rights and how they interact with the supranational legal order of the EU. In so doing topical legal developments such as the entry into force of the EU Charter of Fundamental Rights and the forthcoming EU accession to the European Convention on Human Rights will be discussed and evaluated.

Outcomes

On completion of this unit, a student should be able to

  1. Explain the essential features of both the EU legal order and International Human Rights Law
  2. Critically assess the system of human rights protections operating within the European Union
  3. Undertake research into and analyse judgments of the Court of Justice of the EU and the European Court of Human Rights and related secondary materials
  4. Identify human rights issues in factual scenarios and use legal reasoning skills to develop arguments for appropriate legal responses to address these issues
  5. Communicate effectively, both orally and in writing, on current human rights issues and the system of human rights protection in Europe and internationally
  6. Reflect on and assess their own capabilities and performance, and make use of feedback on their classroom performance to support personal and professional development

Assessment

Class participation (10%)
Presentation in class, with written submission (30%)
Take Home Examination (60%)

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.

See also Unit timetable information

Chief examiner(s)

Associate Professor Normann Witzleb

Prerequisites

For students in the LLB course:

LAW1101 Introduction to Legal Reasoning
LAW 1104 Research and Writing or equivalent introductory units at another university.

For students in the LLB Hons course:
LAW1111, LAW1112, LAW1113, LAW1114, LAW2101, LAW2102, LAW2111 and LAW2112

Prohibitions

LAW4155 International Human Rights Law
LAW7155/5327 International human rights
LAW7026/5304 Overview of international human rights law