MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


LAW4122

International law 406

Mr R Garnett

6 points + Three 1-hour lectures per week + First semester + Clayton

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.

Synopsis This subject examines the basic principles of public international law with particular emphasis on the question of enforcement from the perspective of an aggrieved state or individual. The following topics will be considered: 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. Students studying this subject may have the opportunity of participation in the Jessup International Law Moot.

Assessment Optional research assignment (4000 words): 40% + Examination (3 hours): 60-100%

Texts


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