78206 International Organisations
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 76025 International Organisations AND 78207 International Organisations
Description
The proliferation of international organisations (IOs) over the course of the 20th century and at the turn of the new millennium has resulted in increased sites of international law-making, inter-state cooperation and global governance. IOs now exercise far-reaching powers across a variety of subjects: from promoting international peace and security to regulating trade and investment; from prosecuting international crimes to providing technical assistance to states in the Global South. This subject explores the place of IOs in the contemporary international legal order. In this subject, students develop a complex understanding of the law of IOs, including their legal status and powers, their membership and internal governance structures, their privileges and immunities, and their dispute settlement procedures. Students also analyse the creation and evolution of IOs in their historical, legal, and political contexts.
This subject combines theoretical, doctrinal and practical approaches to understanding the law of IOs. Students become familiar with the key theories and current debates concerning the powers, functions and responsibilities of IOs. Students apply their understanding of the law of IOs to complex contemporary problems and controversies facing IOs at the start of the 21st century. Students investigate and critically evaluate IOs as key actors and sites of law-making in the contemporary international legal order.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Demonstrate a sophisticated understanding of the key concepts, principles and procedures of the law of IOs. |
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| 2. | Critically analyse and reflect upon the legal structures, powers and responsibilities of IOs and their effect on the development of international and municipal laws. |
| 3. | Apply their advanced understanding of the law of IOs to complex contemporary problems, with reference to historical examples and theoretical debates concerning the function and practice of IOs. |
| 4. | Demonstrate greater confidence and effectiveness in oral communication skills in a formal legal context. |
| 5. | Construct clear, coherent, original and persuasive legal and scholarly arguments concerning the place of IOs in the contemporary international legal order. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
a. A specialised understanding of a complex body of legal knowledge, including the Australian legal system, impacts of historical and ongoing Anglo-Australian laws, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice.
b. An in-depth theoretical and professional knowledge of the law and its role in society, building on earlier legal knowledge and skills and/or practice. (1.1) - Critical Analysis and Evaluation
a. A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses.
b. Identify, synthesise and articulate complex legal and technical issues and apply advanced analytical skills to identify and generate clear, succinct and novel responses in professional practice or research. (3.1) - Communication
a. Advanced professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond respectfully.
b. Communicate accurately and appropriately with multidisciplinary audiences in a range of specialised formats, including productive collaboration with professional teams and clients. (5.1)
Teaching and learning strategies
Strategy 1: Student Seminar Preparation
Students prepare for seminars in three key ways. First, students read and critically evaluate prescribed texts prior to coming to class. These texts will include extracts from the required textbook and at least one additional reading per seminar available in the Readings Folder via Canvas. Set readings may be accompanied by additional online materials such as a short video that students will watch and reflect upon before the seminars. The Subject Guide provides students with seminar discussion questions to assist students in preparing for class. Students are required to consider these questions before coming to class and be prepared to discuss their responses in class. Students may also contribute to class disscussion via online postings as appropriate.
Second, students must keep abreast of current issues and legal developments concerning IOs. Students will do this primarily through reading and analysing news articles and online scholarly commentaries on the functions, practice and reform of IOs.
Strategy 2: Interactive Seminars
Drawing on students’ seminar preparation, seminars will be interactive and allow for active student participation and inquiry. Each seminar will begin with a presentation by the subject lecturer that covers the key concepts and principles in the law of IOs. This will provide students with a framework for understanding the key areas of the law of IOs. Students will then have an opportunity to test and apply their understanding of key concepts through seminar discussions of the prescribed readings, and group-based activities. These activities will allow students to receive immediate feedback from their lecturer and peers. Students' seminar preparation prior to class will equip them to contribute to the seminar discussions and activities.
Strategy 3: Research and Critical Analysis
Students undertake research and analyse primary and secondary sources of international law for the essay. Critical thinking skills are also developed through class participation and legal writing assessment tasks.
Strategy 4: Feedback
Students will learn through receiving feedback from the lecturer and their peers and giving feedback to their peers in this subject. Students will receive early feedback from peers in preparing for the role play. The seminar leader will provide feedback on their class participation as well as on their written assessments throughout the subject.
Subject Delivery
Intensive mode over four days (six hours per day).
Classes will include a combination of lectures, seminar activities and discussions.
Content (topics)
- Key Concepts of the Law of IOs
- Historical Development of and theoretical approaches to IOs
- The Legal Status and Powers of IOs
- Participation in IOs
- Internal Operation of IOs
- Rule-Making by IOs
- Enforcement of Decisions by IOs
- The Responsibility and Accountability of IOs
- Future development of and challenges facing IOs
Assessment
Assessment task 1: Class Participation and Class Exercise
| Intent: | The aim of this assessment task is for students to clarify and reinforce their understanding of the law of IOs through their participation in class-based discussions and activities. Student participation also allows students to develop a fluency in using and applying their understanding of the key concepts and principles in the law of IOs. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 5.1 |
| Weight: | 30% |
| Length: | 1,000 words |
| Criteria: |
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Assessment task 2: Legal Writing: In-class Test Legal Opinion
| Intent: | The aim of this assessment task is to encourage students to develop independent research skills relevant to the study of the law of IOs and to analyse the workings of one IO in its historical, legal and political context. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 5.1 |
| Weight: | 30% |
| Length: | 1,500 words maximum |
| Criteria: |
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Assessment task 3: Review Essay
| Intent: | The aim of this assessment task is three-fold. First, it enables students to develop a sophisticated and advanced understanding and analysis of the key principles and theories of IOs. Second, it requires students to engage in independent student-led research, locating and using primary materials and scholarly sources on the law of IOs. Third, it develops students’ written communication skills and ability to construct clear and persuasive legal and scholarly arguments concerning a topical issue in the law of IOs. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 5.1 |
| Weight: | 40% |
| Length: | 2,500 words maximum |
| Criteria: |
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Required texts
- Jan Klabbers, An Introduction to International Organisations Law (Cambridge University Press, 4th ed, 2022)
Recommended texts
- José E Alvarez, The Impact of International Organizations on International Law (Oxford University Press, 2005)
- C F Amerasinghe, Principles of the Institutional Law of International Organizations (2nd rev ed, 2005)
- Armin von Bogdandy et al (eds), The Exercise of Public Authority by International Institutions: Advancing International Institutional Law (Springer, 2010)
- Catherine Brölmann, The Institutional Veil in Public International Law: International Organisations and the Law of Treaties (Hart, 2007)
- Simon Chesterman et al, Law and Practice of the United Nations (Oxford University Press, 2nd ed, 2016)
- Alison Duxbury, The Participation of States in International Organisations: The Role of Human Rights and Democracy (Cambridge University Press, 2011)
- Tamar Gutner, International Organisations in World Politics (Sage, 2017)
- Ian Hurd, International Organizations: Politics, Law, Practice (Cambridge University Press, 2010)
- Jan Klabbers, Advanced Introduction to the Law of International Organisations (Edward Elgar, 2015)
- Jan Klabbers and Åsa Wallendahl (eds), Research Handbook on the Law of International Organizations (Edward Elgar, 2011)
- Moritz P Moelle, The International Responsibility of International Organisations: Cooperation in Peacekeeping Operations (Cambridge University Press, 2017)
- August Reinisch, International Organizations before National Courts (Cambridge University Press, 2000).
- August Reinisch (ed), Challenging Acts of International Organizations before National Courts (Oxford University Press, 2000).
- August Reinisch (ed), The Privileges and Immunities of International Organizations in Domestic Courts (Oxford University Press, 2013).
- Cedric Ryngaert, Ige F Dekker, Ramses A Wessel and Jan Wouters (eds), Judicial Decisions on the Law of International Organizations (Oxford University Press, 2016)
- Phiippe Sands and Pierre Klein, Bowett’s Law of International Institutions (Sweet & Maxwell, 6th ed, 2009)
- Henry G Schermers and Niels M Blokker, International Institutional Law (Martinus Nijhoff, 5th ed, 2011)
- Bruno Simma et al (ed), The Charter of the United Nations: A Commentary (Oxford University Press, 3rd ed, 2013)
- Guy Fiti Sinclair, To Reform the World: International Organizations and the Making of States (Oxford University Press, 2017)
- Karel Wellens, Remedies against International Organisations (Cambridge University Press, 2004)
- Nigel White, The Law of International Organisations (Manchester University Press, 3rd ed, 2017)