• Class Number 6754
  • Term Code 2950
  • Class Info
  • Unit Value 6 units
  • Mode of Delivery In Person
  • COURSE CONVENER
    • Angeline Lewis
  • LECTURER
    • Angeline Lewis
  • Class Dates
  • Class Start Date 08/07/2019
  • Class End Date 23/08/2019
  • Census Date 19/07/2019
  • Last Date to Enrol 08/07/2019
SELT Survey Results

The course will focus on general international law, seeking to identify, in particular, the impact of the relevant norms on the conduct of international relations and national decision-making in this area.

It forms the first part of the International Law stream's compulsory general international law component, and is complemented by Advanced Principles of International Law.

Subject matter coverage will centre on those parts of general international law that are most essential in equipping candidates with the necessary knowledge and skills to tackle more specialised areas on international law: nature, function and sources of international law, relationship between international & domestic law, international agreements, and subjects of international law (including statehood & recognition).

Special emphasis will be put on developing the students' capacity to apply international legal norms in concrete settings, and the course will include problem-solving workshops.

Learning Outcomes

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

  1. Define, explain, distinguish and apply the basic concepts and terminology of public international law;
  2. Define and distinguish amongst the 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;
  3. Define, explain and apply the principles of treaty law with respect to treaties and understand its relevance in the context of contemporary issues in public international law;
  4. Recognise and appraise the interaction between the international legal system and the Australian legal system, with a particular focus on the international law of human rights;
  5. Explain and demonstrate through particular cases the relevance of international law to current political and social developments at the international and national levels;
  6. Select and apply a range of approaches in written communication, and apply the critical thinking required to bring about creative solutions to complex legal problems on a world stage; and
  7. Use, interpret and apply a wide range of materials in both on-line and traditional media from international and national sources.

Additional Course Costs

This course is an intensive course taught at the ANU Acton Campus in Canberra. Students will need to cover costs associated with travel, accommodation, meals etc, if attending from out of state.

Required Resources

Donald R. Rothwell, Stuart Kaye, Afshin Akhtarkhavari, Ruth Davis and Imogen Saunders, International Law: Cases and Materials with Australian Perspectives 3rd edition (Cambridge University Press, Melbourne: 2018).

There are a number of standard texts on international law that students may wish to consult for further reading or in the completion of your assessment tasks. They will be placed on reserve in the Law Library, and a list posted on the course wattle site.

The following are good starting-points for electronic research in international law, including: ANU Law Library, International Law and Foreign Law (part of the Weblaw project): http://libguides.anu.edu.au/international_law

- Australian Treaties Library: http://www.austlii.edu.au/au/other/dfat/

- American Society of International Law, Electronic Information System for International Law: http://www.eisil.org/

- Oxford Reports in International Law http://opil.ouplaw.com/home/oril [also available via ANU Law Library]

- United Nations Documentation: Research Guide http://research.un.org/en/docs/

Staff Feedback

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

  • written comments
  • verbal comments
  • feedback to whole class, groups, individuals, focus group 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

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 Part A: Nature, System and Actors Introduction to International Law, including the nature of the international legal system, and the role of states and national sovereignty. Includes an introduction to library research methods for international law
2 Part B: Sources of International Law Customary international law, including its formation and identification; Introduction to treaties; Subsidiary sources of international law
3 Part C: Treaties A detailed study of the law of treaties, building on the Part B introduction, including formation and entry into force, interpretation and invalidity of treaties. Includes class exercise using a problem scenario
4 Part D: International Law and Municipal Law Integration of international law into municipal legal systems, focusing on Australia
5 Part E: International Dispute Resolution Introduction to compulsory and discretionary dispute resolution mechanisms in international law, including peaceful settlement of disputes, arbitration and judicial settlement` Includes class exercise using a problem scenario (examination format)

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Case and Treaty Note 50 % 05/08/2019 26/08/2019 1, 2, 3, 5, 6, 7
Examination 50 % 01/09/2019 29/09/2019 1, 2, 3, 4, 5, 6, 7

* 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. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

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

For all courses taught face-to-face in intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).

In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:

(a) it does not exceed a maximum of 25% of the classes;

(b) permission is requested in advance; and

(c) the request is supported, where appropriate, by adequate documentation.

Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.

Assessment Task 1

Value: 50 %
Due Date: 05/08/2019
Return of Assessment: 26/08/2019
Learning Outcomes: 1, 2, 3, 5, 6, 7

Case and Treaty Note

Nature of Task: Essay

Weighting: 50%

Word limit: 3000 words

Release: Selected cases will be released on Friday 12 July 2019

Due date: 2355 (AEST) Monday 5 August 2019

Estimated return date: Monday 26 August 2019

Assessment Criteria:

Analysis of the Judgement

  • Identification of key facts
  • Critical analysis of judicial reasoning in the Judgment
  • Reference to customary international law, treaties or decisions of international courts or tribunals relied upon in the judgment
  • Critical analysis of the decision-making in the Judgment

Analysis of the Impact of the Judgment

  • Brief assessment of the significance of the impact of the judgment for international law

Analysis of the Treaty

  • Signature and Ratification provisions
  • Entry into Force provisions
  • Reservations, Objections and Declarations provisions
  • Amendment and Withdrawal provisions
  • Entry into Force provisions
  • Analysis of the object and purpose of the treaty
  • Brief analysis of the impact and significance of the treaty

Demonstration of appropriate research and writing skills

  • research covering primary and secondary materials
  • good organisation of sources and ability to synthesise all the research materials used
  • use of theoretical material where appropriate
  • range of research sources
  • integration of material from research resources into the Note

Presentation, style and referencing

  • good use of structure, section headings and paragraphs
  • clarity and conciseness of expression, interesting and engaging of reader
  • use of appropriate terminology and correct grammar, syntax and spelling
  • full and accurate footnotes together with a bibliography
  • style according to Australian Guide to Legal Citation
  • adherence to word limit

Assessment Task 2

Value: 50 %
Due Date: 01/09/2019
Return of Assessment: 29/09/2019
Learning Outcomes: 1, 2, 3, 4, 5, 6, 7

Examination

Nature of Task: Take home (completion of ONE problem-style question from a choice of two)

Weighting: 50%

Word limit: no longer than 3000 words

Release: 0800 (AEST) Friday, 30 August 2019

Due date: 2355 (AEST), Sunday 1 September 2019

Estimated return date: 4 weeks after submission.

NOTE: No extensions will be granted for the completion of the Take-Home Examination. ALL students are expected to be available during the examination period to complete this assessment task. The Take-Home Examination should be capable of being completed by a properly prepared candidate in between 3-4 hours. Failure to submit the Take-Home Examination by 2355 (Australian Eastern Standard Time) on 1 September 2019 will result in a mark of 0. Normal ANU Examination Rules regarding Special and Supplementary examinations will still apply

Assessment Criteria:

Content

  • answering the question asked
  • identification of the legal issues raised from the question
  • legal principles stated/explained with accuracy
  • legal principles stated/explained in appropriate detail
  • relevant facts recognised and linked to the legal principles
  • recognition and evaluation of judicial and statutory ambiguities and ‘grey areas’
  • originality/innovation in approach to issues
  • clear conclusions

Structure/organisation

  • emphasis on the significant issues
  • answer is coherent and structure logical

Expression

  • good use of structure, section headings and paragraphs
  • clarity and conciseness of expression, interesting and engaging of reader
  • use of appropriate terminology and correct grammar, syntax and spelling

No Bibliography is required for primary or secondary sources used in the take-home examination

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

No submission of assessment tasks without an extension after the due date will be permitted. If an assessment task is not submitted by the due date, a mark of 0 will be awarded.

OR

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.

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).

Angeline Lewis
angeline.lewis@internode.on.net

Research Interests


Dr Angeline Lewis completed her SJD thesis at ANU College of Law in 2009, and completed requirements for a PhD in history at the University of New South Wales (Canberra) in 2019. She has served as a Legal Officer in the Australian Defence Force since 2003, and has taught at ANU College of Law casually in different roles (all related to international law) since 2009. Her research and publications span different aspects of international law and the laws of armed conflict, including post-conflict judicial reconstruction, the rule of law in military operations, air power in a rules-based world order, maritime security operations, emerging technologies, and the women, peace and security (WPS) doctrine.

Angeline Lewis

Wednesday 17:00 19:00
Angeline Lewis
+61 2 6125 3483
angeline.lewis@internode.on.net

Research Interests


Angeline Lewis

Wednesday 17:00 19:00

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