- Code LAWS8042
- Unit Value 6 units
- Offered by Law School
- ANU College ANU College of Law
- Course subject Laws
- Academic career PGRD
- Mode of delivery In Person
This course probes the relationship between multilateral treaty implementation and economic, social, and institutional development at the domestic level. Particular attention will be devoted to treaties involving arms control, the environment, human rights, labor, and transnational crime for which economic considerations offer limited motivation for state compliance.
A central theme of the course is the relation of treaty operationalisation to national development.
Key issues covered in the course include:
- implications for international treaty law of socio-legal Law and Development research on legal and institutional reform processes, particularly in relation to the question of the endogeneity of those processes
- practices among multilateral treaties to integrate national treaty implementation strategies with the international development assistance architecture, particularly through national development strategies
- approaches to “mainstreaming” treaty obligations into national strategies, planning, and budgeting, particularly through the human rights-based approach to development
- methodologies for translating treaty obligations into national budgets, examples from the International Covenant on Economic Social and Cultural Rights (ICESCR) and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- practical impediments to implementing varied treaty obligations simultaneously
- legal standards and practical issues relating to treaty implementation at the subnational level
- the role of domestic political and legal forces, including mass publics and public interest litigation, in driving treaty implementation
- the role of private voluntary regulatory schemes and company compliance practices in achieving treaty standards.
Upon successful completion, students will have the knowledge and skills to:
At the end of the course, students will:
- understand the full process of national treaty implementation involving a range of multilateral accords
- gain an understanding of the social, economic, legal, and political factors affecting national treaty implementation
- analyze the role that implementing treaty obligations plays in processes of legal reform and development
- be able to advise governments on designing legal, institutional, and development strategies and programs in ways that advance treaty implementation.
The proposed scheme of assessment will be:
- a reflective reading journal, due shortly after the end of the teaching period. Students will be required to make a number of short journal entries reflecting on the readings. They will be required to discuss how what they read makes sense (or otherwise) and how it relates to what they are learning in lectures, in the wider media, and in other contexts (such as their workplace); and
- a large research assignment, due within two months after the teaching period. This is designed to test socio-legal analytical skills and research capacity, as developed through the course. The assignment topics will be based on the reading materials, which will be the subject of semi-structured discussions in the classroom. Students may also determine their own assignment topic after consultation and approval by the course convenor.
Details will be made available in the Means of Assessment approximately 6 weeks before the commencement of the course.
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Intensive delivery over 4 full days.
Requisite and Incompatibility
Reading Materials prepared by the lecturer. Details will be provided in the Course Outline 6 weeks before the commencement of the course.
General development assistance issues. A knowledge of international law and human rights would be helpful but not essential.
Tuition fees are for the academic year indicated at the top of the page.
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- Student Contribution Band:
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.