This course introduces students to the theoretical frameworks, empirical cases, policy instruments, and cutting-edge debates in the field of international law from an International Relations perspective.  This is not a course in international law. Rather, the course goes beyond the conventional black letter approach and focuses on the political contexts, causes, and consequences of international law, thereby bridging international politics and international law. The course is structured in three parts. First, we will focus on the different theoretical perspectives in International Relations for understanding international law, such as realist, liberal, and constructivist approaches. Second, the course will examine the general principles of international law, including actors of international law, the creation and sources of international law, international law interpretation, the relationship between international and national law, and the problem of compliance. Third, we will examine the interrelationships between international politics and international law in several specialized areas of international law, such as human rights, the environment, international criminal justice, trade, and/or the use of force.

Learning Outcomes

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

1. understand different international relations theories of international law;
2. apply international relations theories to case studies and issue areas of international law;
3. understand how international law works in world politics; and
4. think, write, and argue critically and logically about international law issues from a political science perspective.

Additional Course Costs

Besides the required resource above, there are no additional costs associated with this course.

Examination Material or equipment

Details about the material or equipment that is permitted in an examination room will be outlined during the semester and on the course’s Wattle site.

Required Resources

The following textbook is required. As the Course Outline shows, its chapters are the required reading for Weeks 3, 5, 6, 7, and 11.

 

Sean D. Murphy, Principles of International Law, Third Edition (St. Paul: West Academic Publishing, 2018).

 

Due to copyright issues, the textbook’s chapters will not be uploaded on Wattle. You should purchase your own copy for the best learning experience. Please note that you are required to study the 3rd edition—but not the 2nd edition—because the 3rd edition contains considerable new information that is missing in the 2nd edition. The final exam questions will be presented, based upon that requirement. The textbook should be available for purchase at the campus bookstore or Amazon Australia. In addition, the ANU Library has three copies of the 3rd edition of the textbook for students who do not wish to purchase their own copy. (Please note that the ANU Library’s policy is to obtain one copy per 50 students.)

 

A number of articles and book chapters are also required and can be downloaded from Wattle, along with supplementary recommended readings.

Recommended Resources

A large number of journals and periodicals exist that include the cutting edge developments of the discipline. Being familiar with these sources and surveying at least some of them regularly will assist you in this course.

International Organization

International Studies Quarterly

European Journal of International Relations

American Journal of International Law

European Journal of International Law

Law & Society Review 

Staff Feedback

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

• News postings will provide feedback to the whole class on Wattle.
• Forums offer immediate feedback on your ideas and your understanding of course materials.
• Your course convener is available to provide feedback on your essay plans prior to its due date.
• Your course convener will provide written feedback on your essay on Wattle.

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

The information provided is a preliminary Course Outline. A finalised version will be available on Wattle and will be accessible after enrolling in this course. All updates, changes, and further information will be uploaded on the course Wattle and will not be updated on Programs and Courses throughout the semester. Any questions or concerns should be directed to the Course Convener.

Student consults by appointment.

Course Logistics

 

The ANU College of Arts & Social Sciences requires that all CASS courses be delivered in a mixed mode (that is, combining on-campus and online modes) in Semester 2 2021. This policy is to accommodate both those students who prefer to take courses in person on campus and those students who have no choice but to take courses remotely (often from abroad).

 

Per CASS policy, our course’s delivery type is “mixed.” As such, lectures will be held on campus in Research School of Social Sciences Building (#146) Lectorial 1 Room 1.21 on Wednesdays, 10:05-11:55 am in Weeks 1-12, using the Echo360 platform. Each lecturer-created video should be available on Wattle after each class. However, I cannot guarantee the integrity of the recording, meaning that while attendance at lectures is not compulsory, it is the only way to ensure you receive the full benefit of the lecture. Per the CASS, because Echo360 platform does not support lecture livestreaming, remotely-learning students have no choice but to keep up with lectures through lecturer-created videos. Yet, the CASS has confirmed that Echo360 offers the best-quality lecture recording, compared to other alternative platforms like Zoom. I really appreciate your understanding and cooperation.

 

Please note (1) that due to copyright issues, you are required not to circulate the lecture recordings beyond the ANU; (2) class discussions during each lecture will not be recorded; (3) due to copyright issues, a documentary (film) that may be shown in class will be neither recorded nor posted on Wattle; and (4) depending on the focus of the course, the audio-visual materials we will watch in class may contain graphic and/or disturbing images.

 

Forums will be held online live on Thursdays, 9:05-9:55 am in Weeks 2-12, using Zoom. There is no forum in Week 1. Our course’s Zoom meeting information (that is, Zoom meeting address, ID, and password) is provided in the Forum Questions section on our course Wattle.

 

Forums will be run like tutorials, and they will not be recorded. Although attendance at forums is neither compulsory nor graded, it is the only way you receive the benefit of the forum. Furthermore, to successfully complete the course requirements, it is essential for you to do all the assigned readings on time, think about the issues, attend every session, and proactively participate in the discussion in every session. Forum questions will be posted on Wattle in advance of each week to help guide thinking and the class discussion. Please come prepared to share your own questions and thoughts about each week’s course materials, especially the readings, and to proactively participate in exchange of ideas with your course convener and fellow students.

 

You are expected to arrive to class on time, as late arrivals are disruptive to your fellow students. Please note that the use of mobile phones, including text messaging, is strictly prohibited in class. Please do not use your laptop computer during class for non-class activities (for example, email or web-surfing unrelated to class) because it detracts from your fellow students’ learning experience.

Extensions and penalties

 

As Wattle is the only acceptable way that you can submit your research paper and take-home final examination, your written assessment tasks must not be emailed or handed in. Your submission time will be determined by the time at which your paper has arrived within the dropbox as marked by Wattle Turnitin in our course Wattle. Uploading a wrong paper (for example, a paper for a different course than ours) is no submission and will result in zero for a given assignment. Also, submitting your paper to a wrong place (for example, the Turnitin practice site) is no submission until and unless you complete uploading it on our proper course Wattle. It is your responsibility to ascertain that your assessment has been properly uploaded on Wattle.

 

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.

 

There will be no extensions granted, except for a documented medical or family emergency. If you need an extension, you must request it in writing on or before the due date. That is, you must contact your course convener via email before 11:00 am, 5 October 2021. Also, you must provide the course convener with appropriate verifying documentation at the time of your request. 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. Note that in case you might request a second extension after receiving the initial extension, the same ANU policy on extensions will apply to your case: you must contact your course convener before your extended due date expires and with appropriate updated documentation at the time of your second request. Please note that the maximum length of extension granted will be limited by the School’s policy on extensions.

 

Per ANU policy (specifically, Article 16 of Procedure: Student assessment (coursework)), “The due date of an assessment task is not extended beyond the date for return of the assessment item specified in the course outline.”

 

Late submission of assessment will be accepted with the following penalty per the ANU’s Student Assessment (Coursework) Policy and Procedure. 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.

 

Note that the ANU does not permit late submission or extension for take-home examinations.

 

Per ANU policy (specifically, Article 25 of Policy: Student assessment (coursework)), “Late submission of take home examinations is not permitted.”

 

Per ANU policy (specifically, Article 28 of Policy: Student assessment (coursework)), “Extensions of take home examinations are not permitted.”

 

Note that you have almost the entire semester to work on your research paper. Thus, time management is your responsibility.

Academic Integrity

 

Academic misconduct can seriously jeopardize your academic career, your future, and, if you are an international student, your ability to stay in Australia to study. It is the responsibility of each individual student to ensure that:

 

·        they are familiar with the expectations for academic honesty both in general, and in the specific context of particular disciplines or courses

·        work submitted for assessment is genuine and original

·        appropriate acknowledgement and citation is given to the work of others

·        they do not knowingly assist other students in academically dishonest practice.

 

Please note that I have zero tolerance for academic dishonesty including cheating, plagiarism, collusion, fabrication/submission of work that is not original, and recycling. Academic dishonesty will be punished by disciplinary action at the University level. For more details on the ANU’s Academic Misconduct Rules and what constitutes a breach of these rules, please see: https://www.comlaw.gov.au/Details/F2014L01785 (Academic Misconduct Rules 2014),

http://www.anu.edu.au/students/program-administration/assessments-exams/academic-honesty-plagiarism (Academic honesty & plagiarism), and

http://drss.anu.edu.au/asqo/breaches.php (What is a breach?). Specifically, the ANU defines plagiarism as follows:

 

“Plagiarism is copying, paraphrasing or summarising, without appropriate acknowledgement, the words, ideas, scholarship and intellectual property of another person. This remains plagiarism whether or not it is with the knowledge or consent of that other person. Plagiarism has also taken place when direct use of others' words is not indicated, for example by inverted commas or indentation, in addition to appropriate citation of the source (emphasis added).”

 

It must be noted that intention does not matter for determining whether plagiarism has occurred: Whether intentional or not, plagiarism is plagiarism and, if the end result of your writing constitutes plagiarism, it will be punished as such. Also, please note that self-plagiarism (that is, reusing, in whole or in part, one’s own previous work for our course assignments) is plagiarism and will be punished equally. As the guideline for avoiding plagiarism in all your course assignments, you must refer to the section, “Successful vs. unsuccessful paraphrases,” which is available at the following webpage https://writing.wisc.edu/handbook/assignments/quotingsources/. This resource is also available at the end of the PDF version of this course outline on Wattle.

Additional referencing requirements

 

It is a requirement of this course that your essay conform to academic writing standards and referencing. The Chicago referencing style is required: you may use either in-text notes or footnotes. You may contact the ANU Academic Skills and Writing Centre for further advice. For details about the Chicago citation style, please see the ANU style guide website at

https://academicskills.anu.edu.au/resources/handouts/referencing-style-guides 

 

Research Quality Assurance: The lecturer may ask to speak with you regarding your research for your essays (the process by which you gathered and analysed your research materials). These meetings are usually designed to help students improve their research skills and ensure their approach to research is of university standard. To this end, please keep all the notes, plans, drafts and research that you use for this essay.

COURSE OUTLINE

 

Part I. Theoretical Approaches to International Law

(WEEK 1) July 28: Introduction and Course Overview       

James Crawford, “The Current Political Discourse Concerning International Law,” Modern Law Review 81: 1 (2018), pp. 1-22 (22 pages).

 

RECOMMENDED

Stephen Van Evera, Guide to Methods for Students of Political Science (Ithaca: Cornell University Press, 1997), “Chapter 1. Hypotheses, Laws, and Theories: A User’s Guide,” pp. 7-48 (42 pages).

 

 

(WEEK 2) August 4 (I): Realist Approaches to International Law

Stephen D. Krasner, “Realist Views of International Law,” American Society of International Law Proceedings 96 (2002), pp. 265-268 (4 pages).

Richard H. Steinberg, “Wanted – Dead or Alive: Realism in International Law,” in Jeffrey L. Dunoff and Mark A. Pollack, eds., Interdisciplinary Perspectives on International Law and International Relations: The State of the Art (Cambridge: Cambridge University Press, 2012), pp. 146-172 (22 pages).

(WEEK 2) August 4 (II): Case Study of Realism: International Criminal Tribunals

Kenneth A. Rodman, “When Justice Leads, Does Politics Follow? The Realist Limits of Prosecutorial Agency in Marginalizing War Criminals,” Journal of International Criminal Justice 17: 1 (2019), pp. 1-32 (32 pages).

 

RECOMMENDED

Hans J. Morgenthau, “Positivism, Functionalism, and International Law,” American Journal of International Law 34: 2 (1940), pp. 260-284 (25 pages: a discussion of the basic tenets of realism, including the distinction between political and non-political international laws).

Jack L. Goldsmith and Eric A. Posner, “Moral and Legal Rhetoric in International Relations: A Rational Choice Perspective,” Journal of Legal Studies 31: S1 (2002), pp. S115-S139 (25 pages: an application of realism).

 

 

(WEEK 3) August 11 (I): Liberal Approaches to International Law

Andrew Moravcsik, “Liberal Theories of International Law,” in Jeffrey L. Dunoff and Mark A. Pollack, eds., Interdisciplinary Perspectives on International Law and International Relations: The State of the Art (Cambridge: Cambridge University Press, 2012), pp. 83-113 (31 pages).

(WEEK 3) August 11 (II): Case Study of Liberalism: Territorial Disputes

Beth A. Simmons, “Territorial Disputes and Their Resolution: The Case of Ecuador and Peru,” United States Institute of Peace, Peaceworks No. 27 (1999), pp. v-vii, ix-xi, 1-24 (30 pages).

Sean D. Murphy, Principles of International Law, Third Edition (St. Paul: West Academic Publishing, 2018), Chapter 4, pp. 141-157 (para. 1) (17 pages).

 

RECOMMENDED

Andrew Moravcsik, “The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe,” International Organization 54: 2 (2000), pp. 217-252 (33 pages: an application of liberalism, particularly the policy lock-in argument).

Eric A. Posner, “International Law and the Disaggregated State,” Florida State University Law Review 32: 3 (2005), pp. 797-842 (46 pages: a realist critique of liberalism as well as constructivism).

 

 

(WEEK 4) August 18 (I): Constructivist Approaches to International Law

Jutta Brunnée and Stephen J. Toope, “Constructivism and International Law,” in Jeffrey L. Dunoff and Mark A. Pollack, eds., Interdisciplinary Perspectives on International Law and International Relations: The State of the Art (Cambridge: Cambridge University Press, 2012), pp. 119-145 (22 pages).

(WEEK 4) August 18 (II): Case Study of Constructivism: The Convention on Cluster Munitions

Margarita H. Petrova, “Rhetorical Entrapment and Normative Enticement: How the United Kingdom Turned From Spoiler Into Champion of the Cluster Munition Ban,” International Studies Quarterly 60: 3 (2016), pp. 387-399 (11 pages).

 

RECOMMENDED

Jen Iris Allan and Jennifer Hadden, “Exploring the Framing Power of NGOs in Global Climate Politics,” Environmental Politics 26: 4 (2017), pp. 600-620 (17 pages: an application of constructivism).

Kenki Adachi, “Why Japan Signed the Mine Ban Treaty: The Political Dynamics behind the Decision,” Asian Survey 45: 3 (2005), pp. 397-413 (17 pages: an application of constructivism, albeit theoretically thin).

 

 

 

Part II. Basics of International Law

 

(WEEK 5) August 25 (I): Actors of International Law

Sean D. Murphy, Principles of International Law, Third Edition (St. Paul: West Academic Publishing, 2018), Chapter 2, pp. 35-79 (45 pages).

(WEEK 5) August 25 (II): Creating International Law: Treaties, Customary International Law, and Other Sources of International Law

Sean D. Murphy, Principles of International Law, Third Edition (St. Paul: West Academic Publishing, 2018), Chapter 3, pp. 81-138 (57 pages).

 

(WEEK 6) September 1 (I): International Law and National Law: Jurisdiction under International Law

Sean D. Murphy, Principles of International Law, Third Edition (St. Paul: West Academic Publishing, 2018), Chapter 8, pp. 319-334 (B. Permissible Bases of Prescriptive Jurisdiction under International Law) and Chapter 13, pp. 530-533 (Extradition) (18 pages).

(WEEK 6) September 1 (II): Compliance and Enforcement

 

September 8, 15: No Class. Teaching Break.

 

 

Part III. Topics in International Law

 

(WEEK 7) September 22 (I): The Use of Force: Jus Ad Bellum

Sean D. Murphy, Principles of International Law, Third Edition (St. Paul: West Academic Publishing, 2018), Chapter 14, pp. 573-627 (55 pages).

(WEEK 7) September 22 (II): The Use of Force: Jus In Bello

Cameron Gable, “The US Drone Policy Under the Obama Administration: A Critical Appraisal,” Yonsei Journal of International Studies 6: 1 (2014), pp. 17-37 (21 pages).

 

 

(WEEK 8) September 29 (I): Human Rights: The United Nations’ Core International Human Rights Treaties

Beth A. Simmons, Mobilizing for Human Rights: International Law in Domestic Politics (Cambridge: Cambridge University Press, 2009), “Chapter 4. Theories of Compliance,” pp. 112-155 (43 pages).

(WEEK 8) September 29 (II): Human Rights: The Hissène Habré (Africa’s Pinochet) Case

Beth A. Simmons, Mobilizing for Human Rights: International Law in Domestic Politics (Cambridge: Cambridge University Press, 2009), “Chapter 7. Humane Treatment: The Prevalence and Prevention of Torture,” pp. 256-266 (para. 1) (10 pages).

Reed Brody, “Victims bring a Dictator to Justice: The Case of Hissène Habré,” Brot für die Welt, Analysis 70, (2017) pp. 5-33 (29 pages).

 

RECOMMENDED

Sean D. Murphy, Principles of International Law, Third Edition (St. Paul: West Academic Publishing, 2018), Chapter 10, pp. 389-432 (para. 1), 445-447 (46 pages).

The core international human rights treaties, available at http://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

Convention on the Rights of the Child (CRC)

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW)

Convention on the Rights of Persons with Disabilities (CRPD)

International Convention for the Protection of All Persons from Enforced Disappearance (CPED)

 

 

OCTOBER 5: Research Papers Due by 11:00 am at Wattle Turnitin

 

 

(WEEK 9) October 6 (I): International Criminal Justice: The International Criminal Court

Beth A. Simmons and Allison Danner, “Credible Commitments and the International Criminal Court,” International Organization 64: 2 (2010), pp. 225-256 (30 pages).

(WEEK 9) October 6 (II): International Criminal Justice: The International Criminal Court: Film Screening

Documentary: Prosecutor, Barry Stevens (Director) (2011).

 

 

(WEEK 10) October 13 (I): Trade: The General Agreement on Tariffs and Trade and the World Trade Organization

Chad P. Bown, Self-Enforcing Trade: Developing Countries and WTO Dispute Settlement (Washington, D.C.: Brookings Institution Press, 2009), pp. 10-21, “Chapter 1. The WTO and GATT: A Principled History” (12 pages).

(WEEK 10) October 13 (II): Trade: The Dispute over Intellectual Property Rights in China

Timothy Webster, “Paper Compliance: How China Implements WTO Decisions,” Michigan Journal of International Law 35: 3 (2014), pp. 525-578 (54 pages).

 

 

(WEEK 11) October 20 (I): Environment: General Principles

Sean D. Murphy, Principles of International Law, Third Edition (St. Paul: West Academic Publishing, 2018), Chapter 12, pp. 489-525 (36 pages).

(WEEK 11) October 20 (II): Environment: Ozone Layer Depletion and Global Warming

Thomas Hickmann, “Science-Policy Interaction in International Environmental Politics: An Analysis of the Ozone Regime and the Climate Regime,” Environmental Economics and Policy Studies 16: 1 (2014), pp. 21-44 (20 pages).

 

 

(WEEK 12) October 27: Conclusion and Exam Review

 

 

EXAMINATION PERIOD (NOVEMBER 4 to NOVEMBER 20): Take-Home Final Exam: More Details TBA

 

(EXAMINATION PERIOD) November 4: Take-Home Essay Exam Paper to Be Released at 11:00 am via Wattle

 

(EXAMINATION PERIOD) November 11: Take-Home Essays Due by 11:00 am at Wattle Turnitin

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction and Course Overview	No forum
2	Realist Approaches to International Law Case Study of Realism: International Criminal Tribunals	Forum begins: Although attendance at forums is neither compulsory nor graded, it is the only way you receive the benefit of the forum.
3	Liberal Approaches to International Law Case Study of Liberalism: Territorial Disputes
4	Constructivist Approaches to International Law Case Study of Constructivism: The Convention on Cluster Munitions
5	Actors of International Law Creating International Law: Treaties, Customary International Law, and Other Sources of International Law
6	International Law and National Law: Jurisdiction under International Law Compliance and Enforcement
7	The Use of Force: Jus Ad Bellum The Use of Force: Jus In Bello
8	Human Rights: The Effects of Core International Human Rights Treaties Human Rights: The Hissène Habré (Africa’s Pinochet) Case
9	International Criminal Justice: The International Criminal Court	October 5: Research papers due by 11:00 am at Wattle Turnitin
10	Trade: The General Agreement on Tariffs and Trade and the World Trade Organization Trade: The Dispute over Intellectual Property Rights in China
11	Environment: General Principles Environment: Ozone Layer Depletion and Global Warming	October 22: Paper results and feedback returned via Wattle Turnitin
12	Conclusion and Exam Review	Take-home final examination during the examination period November 4: Take-home essay exam paper to be released at 11:00 am via Wattle November 11: Take-home essays due by 11:00 am at Wattle Turnitin

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Research Paper	50 %	05/10/2021	22/10/2021	1, 2, 3, 4
Final Examination	50 %	11/11/2021	*	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 Academic Integrity . 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.

Examination(s)

A take-home essay final exam will be administered during the examination period. Specifically, the take-home essay exam paper will be released to you via Wattle at 4 November 2021, 11:00 am, and your take-home essays will be due by 11 November 2021, 11:00 am, at Wattle Turnitin. More details of the final exam will be announced during the semester.

Assessment Task 1

Research Paper

Due date: 5 October 2021, 11:00 am. Value: 50%

Word limit: 2,500 words of text in length, excluding footnotes (or endnotes), the references, tables, figures, appendices, and the cover sheet, if any, from the word count. Per ANU College of Arts & Social Sciences, an assignment must not deviate from the prescribed word limit either up or down by more than 10%. In other words, the acceptable word count for your paper is minimum 2,250 and maximum 2,750 words of text.

Details of task: You must write a research paper on a topic of your choice and relating to the themes of the course. In your paper, you will write about the causes of an international law phenomenon by making a theoretically-informed argument and supporting it with empirical evidence. You cannot write about a futuristic, predictive, philosophical, or ethical topic since it is not amenable to empirical testing. Also, because our course is in International Relations and political science, you cannot write what is commonly called a legal case analysis/note in the College of Law, that is, a textual analysis that primarily concentrates on the legal reasoning of conflicting parties and the ruling of an international judicial body (e.g. the International Court of Justice) in an international legal dispute. In other words, you should write a theoretically-informed and evidence-based political science paper about the causes of an international law phenomenon.

 

Specifically, you can start by selecting an international treaty of your interest and a country of your interest. Then you may want to consider (one or any combination of) the following possible questions as your paper topic. Of course, these are suggestive, not prescriptive:

 

Question of international law creation:

What political factors explain the creation of that international treaty of your interest and its timing?

 

Questions of international law ratification:

Why and when did that country of your interest ratify that international treaty? In other words, what are the political causes of that country’s ratification of that international treaty and its timing?

 

Questions of international law effects:

What political factors explain that country’s level of compliance with that international treaty? In other words, what political factors determine that international treaty’s record of success in shaping the behaviour of that country?

 

Please note that (1) you must select a major multilateral treaty that currently exists; (2) you must use and apply one of realist, liberal, or constructivist IR theories (as will be covered in class) as your theoretical perspective; and (3) you must explicitly address the counter-arguments from the other two competing IR theories that you did not choose in (2). As for (1), you cannot write about customary international law, so-called soft law (i.e. non-binding international declarations, recommendations, and guidelines like the Universal Declaration of Human Rights), an intergovernmental organisation, or a nongovernmental organisation as your paper topic. However, you may analyse and discuss an intergovernmental or nongovernmental organisation in your paper if this political actor plays a key role in your story of an international law phenomenon. If you select an international treaty not covered in the Course Outline, you must get the permission of your course convener before you start to write about it.

 

Your research paper should include the following sections:

 

(1)      An introduction

 

What is your research question? Why is it important? What is your thesis in one sentence?

 

(2)     A section on your theoretical explanation

 

You need to have your own argument and it must be informed by one of the three IR theories of international law (i.e. realism, liberalism, and constructivism). Specifically, what is your main argument? What existing literatures do you build on in developing your argument? What is your theoretical story in detail? For instance, you may want to address the following issues, although these are not prescriptive but suggestive or illustrative: who are the main political actors in your explanation?; are they primarily driven by material interests or identities and norms?; how do those actors cause the international law outcome of your interest?

 

For more advice on writing a good IR theory, please read Van Evera (1997, 7-27 (para. 2)) recommended for Week 1 (28 July).

 

(3)     A section on your empirical analysis and findings

 

The application of your theory to your empirical case. Please note that usually the best research papers have separate sections on theory and empirical analysis, rather than mixing them up.

 

Given the page limit, you are advised to select no more than two empirical cases: an in-depth analysis of a single empirical case is feasible and recommended.

 

Also, you must explicitly and effectively deal with the counter-arguments from the other two competing IR theories (that is, the two theories that you did not choose in section (2)), and defend why your preferred theory is still superior: You must address each of the two counter-arguments as part of your empirical analysis.

 

For more advice on testing your theory with an empirical case, please read Van Evera (1997, 27 (para. 3)-48) recommended for Week 1 (28 July).

 

(4)      A conclusion

 

Re-state your main argument. Also, explain why the reader should care about your findings. In the conclusion you may also briefly address policy or normative implications of your findings if you wish to.

 

The aim of this research paper is to demonstrate knowledge of the different IR theories of international law, and connect these theories to a sophisticated empirical analysis of an international law phenomenon. In other words, you are writing about international law by making a theoretically-informed argument and supporting it with empirical evidence – this is the basis of a good research paper in the social science.

 

 

Submission instructions:

 

·        A critical book review will not be accepted. In case your paper topic overlaps with empirical case studies covered in the course, your paper must demonstrate substantial independent research.

·        To structure your essay, please put an appropriate section title at the beginning of each section of your research paper.

·        Your paper should cite at least eight (8) different outside references that are not assigned in the course.

·        As Turnitin does not accept certain file types (for example, Mac’s word processing program), please use only the Microsoft Word or PDF file formats for uploading your paper on Wattle.

·        You are required to use the Chicago Style of referencing that employs either in-text or footnote citations (of the author and year, page if direct quotation). You then type the complete citation in a bibliography at the end of your document. Also, use footnotes (but not endnotes) for any brief explanations needed which are not integral to your argument.

o  Details on the ANU website: https://academicskills.anu.edu.au/resources/handouts/referencing-style-guides

·        Your word count excludes your bibliography and tables/figures.

·        I prefer you use 12 point Times New Roman, double-spacing, and standard one-inch (2.54 cm) margins. I prefer you do not use a coversheet, as this looks like plagiarism on Turnitin!

·        Please put your University ID number and course code in the Header of your paper. Please write a word count at the end of the essay (before the bibliography).

·        Please put page numbers in the Footer of your paper.

·        Please note that your submission time will be determined by the time at which your paper has arrived within the dropbox as marked by Wattle Turnitin in our course Wattle. Thus, please be sure to allocate at least an hour for uploading your research paper at Wattle Turnitin.

·        Please be sure to submit your paper to our proper course Wattle, but never the Turnitin practice site.

 

Some advice:

 

·        Do not cite any online sources (for example, Wikipedia), except for major news sources (such as Al Jazeera English, BBC News, Reuters, and The New York Times) and credible nongovernmental, intergovernmental, or governmental reports.

·        Articles and books should be your main references. It is perfectly legitimate to use academic articles downloaded from e-journal databases like JSTOR or HeinOnline.

·        Do not include direct quotations unless absolutely necessary; write in your own words. Abuse of direct quotations will be strongly penalised.

·        You are welcome to approach your course convener to discuss your paper topic well in advance of the due date.

 

 

Grading criteria: Your research paper will be graded based on the following criteria:

(1) the quality of the argument including both your theory development and empirical analysis;

(2) the overall quality of writing, including structure, spelling and grammar; and

(3) the quality and appropriateness of the research, including proper attribution and referencing.

Assessment Task 2

Final Examination

Start date: 4 November 2021, 11:00 am. A take-home essay exam will be administered during the examination period. Specifically, the take-home essay exam paper will be released to you via Wattle at 11:00 am, 4 November 2021.

 

Due date: 11 November 2021, 11:00 am. Your course convener will not use Proctorio to administer the final exam. More details of the final exam will be announced during the semester.

Value: 50% of the final course grade

 

Grading Criteria:

(1) Your mastery of the course materials, including key theories and concepts;

(2) The quality of your writing; and

(3) The quality of your argument.

 

It is the College policy that all exams are blind marked and they are not returned to the students, nor are comments provided. You may contact the convener within 30 working days of the release of results to learn your specific exam mark, or to request an appeal. The structure of the final exam will be discussed during lecture.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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

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.

Note that the ANU does not permit late submission for take-home examinations. Per ANU policy (specifically, Article 25 of Policy: Student assessment (coursework)), “Late submission of take home examinations is not permitted.”

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 through the course Wattle site.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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.

Resubmission of Assignments

Online Submission: Unless an exemption has been approved by the Associate Dean (Education) a submission must be through Turnitin. Assignments are submitted using Turnitin in the course Wattle site. 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.

Students may resubmit their assignments on Turnitin once before the due date if they are not happy with their text-matching report. Turnitin allows only one resubmission per 24 hours. There are no other conditions under which assignments may be resubmitted.  

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