• Class Number 8078
  • Term Code 2960
  • Class Info
  • Unit Value 6 units
  • Mode of Delivery Online or In Person
  • COURSE CONVENER
    • Prof Donald Rothwell
  • LECTURER
    • 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
SELT Survey Results

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 treatment by 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.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

By the end of the course you should be able to:

• Define, explain, distinguish and apply the basic concepts and terminology of public international law;

• define and distinguish amongst a variety of processes by which international law is formed and the roles played by the most important bodies and institutions involved in the international legal system;

• define and contrast the many aspecys of the international law relating to treaties and the use of force, and identify and debate the relevance of those topics to current events;

• recognise and appraise the interaction between the international legal system and the Australian legal system, and to formulate and appraise the particular focus on the international law of human rights;

• identify, interpret, apply, appraise and intergrate the various theoretical perspectives on the formation and operation of the international legal system;

• explain and demonstrate through particular cases the relevance of international law to current political and social developments at the international and national levels;

• compare and creatively apply a variety of methods of research in the field of international law;

• 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 on a world stage;

• Use, interpret and apply a wide range of materials in both on-line and traditional media from international and national sources.

Research-Led Teaching

This course is framed around the convenor's longstanding research, writing and commentary on international law, particularly international law and Australian law, the law of the sea, and international polar law

Required Resources

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)

James Crawford, Brownlie’s Principles of Public International Law, 8th ed., Clarendon Press, Oxford, 2012

Malcolm Evans (ed.), International Law, 4th ed., Oxford University Press, Oxford, 2014

Donald Rothwell & Emily Crawford (eds.), International Law in Australia, 3rd ed., Lawbook Co., Sydney, 2017

Anthony Aust, Modern Treaty Law and Practice, 3rd ed, CUP: 2013


Staff Feedback

Students will be given feedback in the following forms in this course:

  • written comments
  • verbal comments
  • feedback to whole class, groups, individuals, JD Seminars etc

Student Feedback

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.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

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.

Class Schedule

Week/Session Summary of Activities Assessment
1 LLB Lecture: Course Administration (1 hour) + The nature of international law (1 hour) + Sources of international law (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
2 LLB Lecture: Sources of international law (1 hour) + Law of treaties (2 hours) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
3 LLB Lecture: International law and municipal law (2 hours) JD Seminar 1 (1 hour) JD Tutorial 1 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
4 LLB Lecture: International legal personality (2 hours) JD Masterclass 1 (1 hour) JD Tutorial 2 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
5 LLB Lecture: Sovereignty (2 hours) JD Seminar 2 (1 hour) JD Tutorial 3 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
6 LLB Lecture: Jurisdiction (2 hours) JD Seminar 3 (1 hour) JD Tutorial 4 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
7 LLB Lecture: State Responsibility (2 hours) JD Seminar 4 (1 hour) JD Tutorial 5 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
8 LLB Lecture: Human rights (2 hours) JD Seminar 5 (1 hour) JD Tutorial 6 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
9 LLB Lecture: Law of the sea (2 hours) JD Seminar 6 (1 hour) JD Tutorial 7 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
10 LLB Lecture: International environmental law (2 hours) Masterclass 2 (1 hour) [will be rescheduled due to the 7 October Labour Day public holiday] JD Tutorial 8 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
11 LLB Lecture: Use of force (2 hours) Masterclass 3 (1 hour) JD Tutorial 9 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended
12 LLB Lecture: Dispute resolution (2 hours) JD Seminar 7 (1 hour) JD Tutorial 10 (1 hour) Attendance at the Friday LLB lectures for JD students is optional; attendance at the Monday JD seminar and tutorials is highly recommended

Tutorial Registration

You must register in a JD tutorial group via WATTLE. Registration will open on 22 July 2019

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Non-redeemable Research Essay 40 % 30/08/2019 16/09/2019 1, 2, 3, 4, 5, 6, 7, 8, 9
Open-book problem based examination 60 % 16/11/2019 28/11/2018 1, 2, 3, 4, 5, 6, 7, 8,

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

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:

Assessment Requirements

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.

Participation

Effective participation in this course requires a commitment of approximately 10 hours each week, comprised of engaging with LLB lectures (in person or via WATTLE), JD Seminars and Masterclasses, tutorials, and reading. Students are expected to prepare for Seminars, Masterclasses and tutorials and to engage critically in the discussion that takes place there, especially in the Masterclasses and tutorials.

Examination(s)

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

Value: 40 %
Due Date: 30/08/2019
Return of Assessment: 16/09/2019
Learning Outcomes: 1, 2, 3, 4, 5, 6, 7, 8, 9

Non-redeemable Research Essay

Brief Details: A research essay with no choice of questions.

Nature of Task: Compulsory and non-redeemable. Non completion of this task will result in a 0 for this assessment task.

Weighting: 40%

Word limit: 2000 words

Release: 10:00 AM on Friday 26 July via Wattle.

Due date: 11.55PM on Friday 30 August by Turnitin (refer further below regarding Turnitin). Late submission (without an extension) is permitted, although late penalties will apply.

Estimated return date: Monday, 16 September (beginning Week 7) via Turnitin.

Assessment Criteria:

  • Understanding and discussion of relevant law
  • Critical and analytical response to chosen 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

Value: 60 %
Due Date: 16/11/2019
Return of Assessment: 28/11/2018
Learning Outcomes: 1, 2, 3, 4, 5, 6, 7, 8,

Open-book problem based examination

Brief Details: This task will be divided into Part A (with internal choice of 1 of 2 problem-style questions) [40%], and Part B (with an internal choice of 1 of 3 essay-style questions) [20%].

Nature of Task: Compulsory and non-redeemable Non- submission of this task will result in a 0 for this assessment task.

Weighting: 60%

Duration: The exam is 120 minutes writing time and 30 minutes reading time, making a total of 150 minutes.

Due date: The exam will be held in the final examination 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.

Estimated return date: after final results are released via Services Office.

Assessment Criteria:

  • 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

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.

Online Submission

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.

Hardcopy Submission

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.

Late Submission

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.

Referencing Requirements

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.

Returning Assignments

Assignments will be returned via the Services Office, ANU College of Law

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.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

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).

Prof Donald Rothwell
61258948
donald.rothwell@anu.edu.au

Research Interests


International Law - International Law and Australian Law - Law of the Sea - Polar Law

Prof Donald Rothwell

Monday 14:00 15:00
Monday 14:00 15:00
Prof Donald Rothwell
61258948
donald.rothwell@anu.edu.au

Research Interests


Prof Donald Rothwell

Monday 14:00 15:00
Monday 14:00 15:00

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