76109 History and Theory of International Law
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Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70108 Public International Law OR ((70108c Public International Law OR 76006c Public International Law OR 76110c Introduction to Public International Law) AND 70110 Introduction to 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 (70106 Principles of Public International Law AND 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice))
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.
There are course requisites for this subject. See access conditions.
Description
This subject covers selected topics in the history and theory of public international law. It provides students with an introduction to current key theoretical debates in international law through a range of topics including: human rights and citizenship; international economic law and development; use of force and terrorism; minority rights and self-determination; and international law, race and gender. Students gain an appreciation of the recurrence of and changes in these themes through the course of modern international law from the 19th century to the present day. Through analysing international law with reference to historical debates, developments and perspectives, students develop a deeper understanding of how key areas of international law present themselves today and how legal theory informed past practices and contributes to current debates in the discipline.
Students engage in the reading and discussion of key texts by leading legal, political and moral philosophers, and engage with multimedia materials. Using select case studies, students consider contemporary global legal problems that test the limits of existing law and question their political, economic, social and cultural effects. Students develop their comprehension, analysis, critical thinking and writing skills as part of these inquiries to inform their thinking on key, perennial international law questions: Is international law 'international'? Who belongs and who is excluded in international legal regimes? How is legality defined and determined? How is justice defined and determined? What values does international law promote?
Students develop their theoretical and historical understanding of law by focusing on the dynamic and contested field of international law.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Consider and analyse the complex nature and scope of international law |
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| 2. | Critically evaluate and distill key theoretical ideas and debates used to explain and analyse the complex and changing nature and scope of contemporary international law |
| 3. | Reflect on and interrogate the place and role of historical anaylsis in understanding contemporary international law and problems |
| 4. | Apply theoretical approaches to themes of contemporary significance to generate advanced insights into international law |
| 5. | Identify, analyse and critically evaluate primary and secondary source materials on theory and history of international law and assess their quality and relevance for advance research in the field |
| 6. | Construct clear, informed, critical, and persuasive written and oral arguments distilling advanced legal knowledge and independent research |
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:
- 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) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1: Seminar preparation and self-directed learning
This subject is highly interactive and grounded in shared inquiry and discussion-based approaches to learning. Student preparation, review and reflection of prescribed readings and other multimedia materials outside class is vital to the learning in this subject. This means that seminars involve critically engaging, active learning, problem solving and communication skills development which builds upon content that students have engaged with prior to class. Students are given real-time feedback to assist in managing their learning. Students must read and critically evaluate prescribed texts before class. Students’ reading is guided by discussion questions which enable students to develop critical reading skills by reflecting on how arguments are structured, what evidence is used to support these arguments and how arguments relate to understanding international law. Set readings and discussion questions are available via Canvas.
Strategy 2: Collaborative inquiry, presentation and discussion of texts
Collaborative inquiry and discussion-based learning during seminars is central to the teaching and learning strategies employed in class. The approach involves active and detailed engagement with set texts and multimedia materials and draws upon and utilises students’ seminar preparation and self-directed learning (Strategy 1). These materials evidence vigorous and ongoing contestation around the central themes of international law over time. By critically engaging with these materials students and the seminar leader actively engage and reflect upon these deliberations. All participants must read the prescribed texts and engage with the materials, prepare reading notes, including questions, queries and issues raised by their careful engagement with those materials.
Discussion is led by the seminar leader interrogation of the theme which students respond to by reference to the text. Discussion is largely restricted to the portion of the prescribed readings, whilst support for opinions should actively and critically engage the texts. The form of discussion is civil, open and responsive. Participants must support their queries, opinions and assertions with reasoned analysis. Feedback is provided to students by the seminar leader on an ongoing basis during seminar discussion throughout the session.
Strategy 3: Exploration of Case Studies
Cases studies are explored during class time and in students’ seminar preparation, in order to practice the application of theory upon the real-world operation of international law. Case studies drawn from real contexts are used to assist students to explore current themes and debates in international law in a variety of scenarios. They may include artefacts or a variety of legal texts such as judgments or legal instruments. Students engage with, read and discuss these scenarios to learn concepts, interpret information, formulate arguments and reasoning, and develop creative solutions. Critical thinking is developed through analysis, interpretation of and reflection on issues or situations.
Strategy 4: Independent research and reflection
Engaging with the research process requires students to investigate, evaluate, justify and apply a research methodology. This facilitates logical, original, persuasive and complex arguments in response to their research question. Students identify their own topic for the research essay and develop it with feedback from peers and the seminar leader. They will identify appropriate primary and secondary sources for addressing their research question. Students develop and practise their research methodology skills in class, supporting them to make logical, original, persuasive and complex arguments in response to their research question.
Strategy 5: Feedback
Students will receive a range of feedback over the course of this subject. First, students will receive feedback on their ideas and interpretation of key theories of international law as part of the subject’s discussion-based learning and in-class case studies. Second, students will be given direct feedback from both the subject instructor/s and their peers on understanding of subject materials through the Group Presentation: Theory and Case Study Task (Assessment Task 2); which will feed into their guided research project (Assessment Task 3). And third, students will receive direct and targeted feedback on their guided research project in development and on the final submitted work.
Subject Delivery:
This subject is delivered in intensive mode: five days. Classes include a combination of seminars and workshops. The morning of the final full day is run as a mini-conference, in which students orally present their Group Presentation: Theoretical Case Study Analysis (Assessment Task 2) to seminar leaders and their peers.
Content (topics)
- Key concepts and methods in history and theory of international law
- Is international law ‘international’?
- Who belongs and who is excluded?
- How is legality defined and determined?
- How is justice defined and determined?
- What values does international law promote?
Students should refer to the Subject Guide for additional information on the topics for each seminar.
Assessment
Assessment task 1: Seminar Preparation and Participation
| Intent: | The aim of this assessment task is for students to develop an in-depth understanding of key past and current theoretical approaches, themes and debates that inform public international law today. Students will demonstrate this understanding through their participation in a range of online tasks, vigorous class-based discussions and small-group activities. Student participation also allows students to develop a fluency in using and applying their understanding of the key theoretical approaches to contemporary debates and problems. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.3.1 and LAW.5.1 |
| Weight: | 10% |
| Criteria: | Student seminar preparation and participation will be assessed on the basis of:
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Assessment task 2: Group Presentation: Theoretical Case Study Analysis
| Intent: | The aim of this assessment task is to provide students with an opportunity to work collaboratively in small groups to develop their understanding of a key theory concerning international law and for students to devise a group presentation outlining and analysing this theory in relation to a contemporary case study. Critical analysis, collaboration and verbal presentation are essential skills to work as professionals in the discipline of law. This group presentation format develops these professional skills while also allowing students to give and receive feedback from their lecturers and peers. |
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| Objective(s): | This task addresses the following subject learning objectives: 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
| Weight: | 30% |
| Length: | Maximum of 1,000 words equivalent / 5 minutes (per student) - See additional instructions on Canvas |
| Criteria: | This task will be assessed on the basis of:
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Assessment task 3: Guided Research Project
| Intent: | The aim of this task is to give students an opportunity to undertake in-depth research into a topic concerning the history and theory of international law, and to envision and develop their own research essay. The focus of the research essay will be chosen by the students under the guidance of, in consultation with and subject to the approval of the lecturer. |
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| Objective(s): | This task addresses the following subject learning objectives: 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
| Weight: | 60% |
| Length: | 3,000 words, including footnotes |
| Criteria: | This task will be assessed on the basis of:
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