The purpose of the course is to examine the far-reaching changes that have occurred since the nineteenth century to the body of law governing recourse to the use of force (jus ad bellum). In 1945 the United Nations Charter prohibited States from resolving their international disputes by the threat or use of force except, subject to certain conditions, in self-defence, and established a system of collective security whereby the Security Council would take action in the name of the international community to maintain or restore international peace and security.

The Cold War obstructed the effective realisation of these provisions. As a result of Security Council paralysis and in order to protect perceived essential national interests, some States adopted expansive concepts of self-defence or other justifications for recourse to force of doubtful legality.

The collapse of the Soviet Union in the early 1990s led to a renewal of hopes that a system of collective security might function as originally intended. Those hopes have not been entirely fulfilled, but the concept of international peace and security has been expanded in the last few decades to embrace violations of human rights, denial of democracy, and urgent humanitarian needs, thus justifying collective action under Security Council mandates.

The course will not revisit in any great detail the normative content of self-defence, both individual and collective (in this regard students are encouraged to revise their LAWS8183 Advanced Principles of International Law materials), but will examine other contentious or sometimes overlooked issues: such as implied authorisations and intervention by invitation. More traditional topics, such as the doctrine of humanitarian intervention and the idea of a responsibility to protect (R2P) will also be considered.

Topics may include:

• The history of the jus ad bellum: from the "Just War" theory to the United Nations Charter;
• The scope of the prohibition: can it cover cybercrime? What is a threat? Who are the addressees of the prohibition?
• Military intervention by invitation;
• Chapter VII of the United Nations Charter and so called implied 'authorisations' to use force;
• The role of regional arrangements in the use of force;
• Humanitarian intervention and the 'Responsibility to Protect'.

Learning Outcomes

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

1. Demonstrate an advanced knowledge of the legal principles and rules governing the resort to force, including in the more specialised and often overlooked aspects of the topic;
2. Explain through structured, succinct and precise analysis of particular cases and situations how the law is applied or misapplied in practice, including regional practice;
3. Demonstrate familiarity with the legal arguments and techniques used to stretch the limits of the law governing the use of force; and
4. Plan and execute complex legal research with independence in order to produce original scholarship.

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.

Recommended Resources

The textbook for this course is Olivier Corten, Law Against War, Hart Publishing, Oxford/Portland, 2010. Supplementary materials will be made available on the course Wattle site together with a bibliography and specialised resources including detailed outlines and pinpoint references.

Staff Feedback

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

• written comments for both pieces of assessment
• feedback to whole class for the short answer essays only
• students can also make an appointment to see the lecturer to discuss their results

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

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 any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	This is an intensive course taught over 4 days. It focuses on those areas of international law relative to the use of force that are only briefly covered or are not covered in LAWS8183 Advanced Principles of International Law. Topics covered in this course are detailed on the course Wattle site and include: the concepts of 'force' and 'threat'; third parties to an armed conflict; consent; regional arrangements and the use of force; presumed authorisations and humanitarian intervention. Please note that the important topic of self-defence will only be touched upon as it is dealt with extensively in Advanced Principles of International Law (LAWS8183).

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Short Answer Take-Home Assignment	40 %	27/04/2021	10/05/2021	1,2,3
Research Paper	60 %	24/05/2021	28/06/2021	1,2,3,4

* 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:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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

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

Short Answer Take-Home Assignment

Nature of Task: A compulsory and non-redeemable take-home assignment. Non-submission will result in a mark of zero on this piece of assessment.

Details of Task: Students are to answer in short essay format four (4) questions, each to be answered in no more than 600 words (approximately one page per question). There will be no choice of questions. The entire course is assessable. 

Weighting: 40%

Release: 5pm on Friday 9 April 2021 (last day of class)

Due date: 5pm on Tuesday 27 April 2021 (just after the ANZAC Day long weekend). Late submission is permitted but a mark penalty will be imposed.

Estimated return date: It is expected that marks and feedback will be provided to students within two weeks of handing in the assignment (ie, by 10 May 2021).

Word length: maximum 600 words for each one of the four questions. Referencing must be in accordance with the AGLC or OSCOLA. The word count includes headings and footnotes. No bibliography is required for this task

Submission: students are required to submit their assignment answers via Turnitin.

Assessment Criteria:

a) Understanding of the Issues

• addresses the question and covers all the important points
• evidence of consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c) Argument/Analysis

• originality of ideas and analysis of the material
• suggestions for change where appropriate
• consideration of opposing arguments
• well-reasoned conclusions

d) Research

• research covering core primary and secondary materials - to the extent warranted given the short length of the essays
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate

e) 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
• acknowledgement of authorities relied upon
• adherence to word limit

Assessment Task 2

Research Paper

Nature of Task: Compulsory and non-redeemable research essay. Non-submission will result in a mark of zero on this piece of assessment.

Details of Task: Research essay. A number of potential research assignment topics will be released during the class. Students may elect to research a question from this list of topics, or may elect to adjust one of these topics and research that adjusted topic, or may elect to research a topic of their own. However, if a student elects to adjust one of the topics or to research a topic of their own, approval must be sought from the convenor before Friday 16 April 2021.

Word limit: 4000 words maximum including headings and footnotes but excluding bibliography

Weighting: 60%

Release: 5pm 9 April 2021 (last day of class).

Due date: 5 pm on Friday 21 May 2021. Late submission is permitted, but a mark penalty will be imposed.

Submission: Students are required to submit the task via Turnitin.

Estimated return date: Marks and feedback will be available by 28 June 2021.

Assessment Criteria:

a) Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication & Development of Argument

• clear theme or argument, ideally outlined at the beginning of the piece and running throughout
• arguments logical and well-organised in support of the clear theme or argument
• ideas/paragraphs linked coherently in support of the clear theme or argument

c) Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

d) Research

• research covering primary materials and relevant 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 essay

e) 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 or other approved citation guide
• adherence to word limit
• adherence to principles of academic honesty and academic integrity

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 of Assessment Task 1 is not permitted as it is a take-home exam.
• Late submission of Assessment Task 2 without an extension is not permitted. If Assessment Task 2 is submitted late without an extension, a mark of 0 will be awarded.

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).

• 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