76110 Introduction to Public International Law
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particular session, location and mode of offering is the authoritative source
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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): 70110 Introduction to Law OR 70211 Contracts
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
International law is a well-established branch of law with a wide scope of application and far-reaching implications for States, individuals and entities. International law differs from other legal systems because of its horizontal nature and its distinct sources and subjects. This horizontal characteristic is based on the fact that States, the primary subjects of international law, are legally equal. It is States that create international law through treaty and custom, the principal sources of rights and obligations. International law can thus be contrasted to domestic legal systems, in which laws created by a central legislature bind natural and legal persons, and where higher courts subordinate lower courts. This subject pays particular attention to the development of law through the machinery of the United Nations in its relationship with States, other international organisations, entities and individuals. Topics explored include: the sources of international law; the relationship of international law to national law; personality and recognition; jurisdiction and immunities; law of treaties; State responsibility; settlement of international disputes; and use of force.
In this first-year core subject, students work individually and in collaboration to review key principles and concepts in class, and develop their reasoning skills. Students refine their legal analysis and writing skills in preparing a case note. Students develop their analytical and written communication skills through the practical application of the rules of public international law to various problems during the teaching session and in the final examination.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Understand how the international legal system regulates the behaviour of nation States through the formation of international rights and obligations. |
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| 2. | Apply rules and principles of international law to matters of contemporary international concern. |
| 3. | Critically evaluate the rules of international law and formulate legal arguments based in treaty and custom, synthesising judicial decisions, scholarship and soft law |
| 4. | Individually and in collaboration with peers to facilitate large group discussion and problem solving scenarios |
| 5. | Develop logical, reasoned and persuasive written legal submissions, managing competing time and task demands |
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) - Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1) - 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) - 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) - Self management
The ability to implement appropriate self-management and lifelong learning strategies including:
a. An ability to undertake and initiate self-directed work and learning;
b. Well-developed judgment and responsibility as a legal professional in a broader social context;
c. The ability to support personal and professional development by:
(i). Reflecting on and assessing their own capabilities, wellbeing and performance;
(ii). Making use of feedback as appropriate;
(iii). Identifying and accessing appropriate resources and assistance; and
(iv). Making use of resources and support in developing resilience; and
d. A capacity to adapt to and embrace change and a commitment to ongoing learning. (LAW.8.1)
Teaching and learning strategies
Strategy 1: Student Seminar Preparation
Students prepare for each seminar through guided and independent reading; analysis of prescribed reading materials; consideration of conceptual questions and reflection on their independent learning. A Learning Guide containing details of the prescribed reading including extracts from the required text and/or available on UTS Online and others suggested will be posted by the Subject Coordinator on the Public International Law intranet page. This enables students to develop, explain and apply their understanding of foundational elements of public international law.
Strategy 2: Interactive seminars
The key approach for building understanding of the unique features and ways of thinking about application of international law and related contemporary issues is small-group interactive learning activities focused on problem-based scenarios. Based on differing student and group dynamic the activity provides the opportunity for students to seek immediate feedback from tutors and peers or seek clarification of ongoing learning. Students’ prior preparation equips them to help steer and then lead seminar group discussion and problem solving of weekly topics and areas of interest. Stimulating and informed interactive large group discussion segments will be led by student teams to develop a foundational understanding of key international law topics.
Strategy 3: Developing written legal analyses of International Law
Developing foundational legal analysis of International law cases and legal instruments will be undertaken through prescribed pre-class readings, in class discussion and analysis of those readings. and written communication skills will be collaborative. Students also collaboratively learn and practice preparing and actively engaging in the class discussions (Assessment task 1). These legal analysis skills will be augumented with the preparation of a case note (Assessment task 2). The case note will introduce the students to an authentic practice in legal research and reasoning and building their legal written communication skills. The application of these legal reasoning skills to problem scenarios to real world scenarios is reinforced during the course of the session and through the examination structure (Assessment task 3).
Strategy 4:Feedback
Ongoing formative feedback is provided during seminars to individuals and seminar groups throughout the teaching session. Students also complete a case note due prior to the mid-session break which assesses their legal analysis and written communication skills (Assessment task 2). Students contributing to the in class discussions are provided feedback. Problem scenarios covering key topics of international law discussed in a in class, small-group setting in the second part of each seminar enable students to receive ongoing, oral feedback during the course of the session.
Subject delivery
One 3 hour weekly seminar
Content (topics)
- Introduction: nature and subjects
- Sources
- Relationship between international and municipal law
- Personality and recognition
- Jurisdiction and immunities
- Law of Treaties
- State responsibility
- Peaceful settlement of international disputes
- Use of force
Assessment
Assessment task 1: Class participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.5.1 and LAW.8.1 |
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| Weight: | 30% |
| Criteria: |
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Assessment task 2: Case note
| 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.5.1 and LAW.8.1 |
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| Weight: | 30% |
| Length: | 1,000 words plus references |
| Criteria: | 1. Understanding and application of Public International Law and issues:
2. Critical analysis and evaluation
3. Appropriate communication of critical analysis in essay format, including:
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Assessment task 3: Final Examination
| 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.2.1 and LAW.3.1 |
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| Weight: | 40% |
| Length: | 2 hours |
| Criteria: |
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Required texts
Students must purchase a copy of the book Gleider Hernandez, International Law (2019), Oxford University Press. This book is available direct from the publisher Oxford University Press, as well as from Zookal and Angus & Roberston.
Please see the Learning Guide for this unit which is available on UTS Online. The reading guide sets out the reading and other preparation required for each weeks class.
Recommended texts
Stephen Tully, Law Brief: International Law (2019), Thomson Reuters. A copy of this book has been placed in closed reserve in the UTS Library. Another useful book is John Grant, International Law (2010), Dundee University Press. This later book is available as an e-book which you can access through the UTS Library catelogue.
Other resources
In addition to the set reading from the textbook each week students are required to watch a series of very short videos before the start of each class as preparation for class. These videos introduce you to the topic we will discuss each week in class. Full details are set out in the Learning Guide for this subject.