- Class Number 7244
- Term Code 2960
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Prof Donald Rothwell
- Prof Donald Rothwell
- Class Dates
- Class Start Date 22/07/2019
- Class End Date 25/10/2019
- Census Date 31/08/2019
- Last Date to Enrol 29/07/2019
This course deals with the body of law known as International Law or sometimes ‘Public International Law', as distinct from ‘Private International Law'. The field of International Law deals with many aspects of the functioning of the international community (including the relations of States with each other and with international organisations); it also affects many activities that occur within or across State boundaries (including the treatment by States of their citizens, environmental law, military operations, and many other areas). The impact of international law on the Australian legal system and the globalised nature of many governmental, judicial and social activities means that a basic knowledge of the terminology, institutions, and substance of international law is not only worthwhile acquiring in its own right, but is also a necessary part of the knowledge and skills of any law graduate.
Upon successful completion, students will have the knowledge and skills to:The primary objectives of this course are to:
- Introduce you to the basic concepts and terminology of public international law;
- Provide you with an overview of the processes by which international law is formed and the most important bodies and institutions involved in the international legal system;
- Introduce you to the international law relating to treaties;
- Introduce you to the interaction between the international legal system and the Australian legal system;
- Introduce you to various theoretical perspectives on the formation and operation of the international legal system;
- Show the relevance of international law to current political and social developments at the international and national levels;
- Introduce you to the major specialised bodies of international law; and
- Provide you with an introduction to sources and methods of research in the field of international law.
Intended learning outcomes
By the conclusion of this course, students who have successfully completed all of the requirements will have the knowledge and skills to:
- Explain, distinguish and apply the fundamental concepts and terminology of public international law covered in the course;
- Select and apply a range of legally specific research principles, methods and tools appropriate to respond to a factually complex public international law problem;
- Select and apply a range of approaches in oral and written communication, and apply the critical thinking required to bring about creative solutions to complex legal problems; and
- Plan and conduct a legal research project with intellectual independence, including learning about and using legal databases, accessing, understanding and using primary and secondary legal resources and complying with the applicable legal citation conventions, on an aspect of public international law.
This course is led by the research undertaken by the convenor in international law as reflected in the course text book and publications addressing the relationship between international law and Australian law, and the law of the sea
Donald R. Rothwell, Stuart Kaye, Afshin Akhtar-Khavari, Ruth Davis, and Imogen Saunders, International Law: Cases and Materials with Australian perspectives 3rd ed (CUP, 2018)
Donald R. Rothwell and Emily Crawford (eds), International Law in Australia 3rd (Thomson Reuters: 2017)
James Crawford, Browlie's Principles of International Law 8th (OUP, 2012)
Malcolm Evans (ed), International Law 4th (OUP, 2018)
Anthony Aust, Modern Treaty Law and Practice 3rd (CUP, 2013)
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments, in lectures and tutorials
- feedback to whole class, tutorial groups, and individuals
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading
Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||Course Administration and Introduction (1 hour) The nature of international law (1 hour) The sources of international law (1 hours)||Lectures are held between 8-11am in Weeks 1 and 2.|
|2||The sources of international law (1 hour) Law of treaties (2 hours)||Lectures are held between 8-11am in Weeks 1 and 2.|
|3||International law and municipal law (2 hours) Tutorial 1 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
|4||International legal personality (2 hours) Tutorial 2 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
|5||Sovereignty (2 hours) Tutorial 3 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
|6||Jurisdiction (2 hours) Tutorial 4 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
|7||State responsibility (2 hours) Tutorial 5 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
|8||Human rights (2 hours) Tutorial 6 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
|9||Law of the sea (2 hours) Tutorial 7 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
|10||International environmental law (2 hours) Tutorial 8 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
|11||Use of force (2 hours) Tutorial 9 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
|12||Dispute resolution (2 hours) Tutorial 10 (1 hour)||Lectures are held between 9-11 in Weeks 3-12 with a one hour tutorial also scheduled|
You must register in one tutorial group via WATTLE. Tutorial groups will open for registration on 22 July.
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Essay||40 %||30/08/2019||16/09/2019||1, 2, 6, 7|
|Open-book problem based examination||60 %||16/11/2019||09/12/2019||1, 2, 3, 4, 5, 6|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
Effective participation in this course requires a commitment of approximately 10 hours each week, comprised of attending lectures, tutorials, and reading. Students are expected to prepare for both lectures and tutorials and to engage critically in the discussion that takes place there, especially in the tutorials.
Please note that date in the assessment summary is indicative only. Students should consult the examinations timetable when it has been finalised for the exact date and time.
Assessment Task 1
Learning Outcomes: 1, 2, 6, 7
Details of Task: Essay based on a single question relating to course content from Weeks 1-6.
Nature of Task: Compulsory and non-redeemable essay. Non-completion of this task will result in a 0 for this assessment task.
Word limit: 1500 words, excluding footnotes and bibliography
Release: 10:00 AM on Monday, 29 July via WATTLE.
Due date: 11.55PM, on Friday 30 August by Turnitin (refer further below regarding Turnitin).
Estimated return date: Monday, 16 September 2019 via Turnitin.
- Understanding and discussion of relevant law
- Critical and analytical response to topic
- Structure including logical development of content
- Research of primary legal (treaties and cases) and scholarly secondary sources.
- Referencing and compliance with AGLC.
- Expression and written communication including use of legal terminology, proof-reading, grammar, punctuation and English usage.
Assessment Task 2
Learning Outcomes: 1, 2, 3, 4, 5, 6
Open-book problem based examination
Details of Task: Open-book problem based examination with 2 out of 3 equally weighted questions to be completed.
Nature of Task: Compulsory and non-redeemable. Non-submission of this task will result in a 0 for this assessment task.
Timing: The exam will be held in the final examination period
Duration: The exam is 120 minutes (writing time) and 30 minutes reading time
Due date: During exam period. Please note that date in the assessment summary is indicative only. Students should consult the examinations timetable when it has been finalised for the exact date and time.
Permitted Materials: Any except ANU library books. Electronic materials are also prohibited.
Estimated return date: After final results are released via the services office
- Understanding and discussion of relevant law in problem question
- Analytical response to problem question
- Structure including logical development of content.
- Expression and written communication
Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
The Essay will be returned and made available for students as from Monday, 16 September.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
International Law - Law of the Sea - International Law in Australia - Polar Law
Prof Donald Rothwell