76025 International Organisations
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Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70108 Public International Law OR (70110 Introduction to Law AND (70108 Public International Law OR 76110 Introduction to Public International Law)))
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78206 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; and 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; membership and internal governance structures; privileges and immunities; and 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 an advanced 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 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 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 coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
Teaching and learning strategies
Strategy 1: Student seminar preparation
Students prepare for seminars in two 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 one additional reading per week available in the Readings Folder via Canvas. Set readings may be accompanied by additional online materials such as a short video that students will access and reflect upon before the seminars. The Subject Guide provides students with discussion questions to assist in preparing for class. Students must consider these questions before coming to class and be prepared to discuss their responses in class.
Second, students will need to 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
Content (topics)
- Basic concepts of the law of IOs
- History and theory of IOs
- Legal Status and Powers of IOs
- Participation in IOs
- Internal operation of IOs
- Law-making by IOs
- Current issues eg Peacekeeping, humanitarian crises, etc
- Financing and governance
- Responsibility and accountability of IOs
- The Future of IOs
Assessment
Assessment task 1: Class Preparation and Online Participation
| Intent: | The aim of this assessment task is to enable students to demonstrate an in-depth understanding of key theories, concepts and problems concerning the law of IOs prior to coming to class. Students’ online participation prepares students to engage effectively in the weekly interactive seminars. It also provides students with an opportunity to share their reflections with their peers and receive ongoing feedback from each other outside of the classroom setting. |
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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: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 20% |
| Length: | 1000 words equivalent |
| Criteria: | Student preparation will be assessed on the basis of:
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Assessment task 2: Class Participation, including Roundtable Participation
| 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 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1 and LAW.3.1 |
| Weight: | 10% |
| Length: | 500 words (equivalent) |
| Criteria: | Student participation, including in the Roundtable, will be assessed on the basis of:
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Assessment task 3: Case Study of a Selected International Organisation
| 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 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 20% |
| Length: | Maximum of 1,000 words |
| Criteria: | The case study of a selected IO will be assessed on the basis of:
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Assessment task 4: Research 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, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 50% |
| Length: | Maximum of 2,500 words |
| Criteria: | The research essay will be examined on the basis of:
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Required texts
- Jan Klabbers, An Introduction to International Organizations 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)