Studies in law, governance and development consider the role of law in a development context. The field has national and international legal perspectives.

At a national level, law, governance and development considers inter alia relationships among law, social order and institutional change in development contexts. Examples include:

• law and justice in fragile or post-conflict states;
• the role of land and natural resources law in state-building contexts;
• legal pluralism and the relationship between the state and private systems of governance.

International issues include:

• the 'right to development' in international law;
• the role of multilateral development organisations- including UN agencies, the WTO and the World Bank - in the international legal order; and
• the transplantation and harmonisation of law in developing countries through investment treaties and international or regional legal frameworks.

The course will provide an introduction to key theories and sources of literature, and will draw on expert guest lecturers, on these disparate topics. Common threads will include:

• exploration of potential correlations and causative effects involving law and social change in a development context
• exploration of analytical frameworks to enable adaptation of legal models to a development context.

Learning Outcomes

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

1. Analyse and explain the theoretical relationship between law, governance and development, particularly in terms of institutional theories of law and development and their critical analyses;
2. Contextualise the debates on law and development in the histories, governance, politics and social landscapes of developing countries;
3. Explain, analyse and assess practical issues of scoping, project design, peer review, implementation and monitoring and evaluation of law, governance and development projects; and
4. Examine, investigate and critically evaluate the successes, failures and lessons learned of specific donor-funded programs in Asia and the Pacific, particularly in relation to land titling, legal assistance programming after armed conflicts and natural disasters, state-building and law and order.

Research-Led Teaching

This course is research-led, with course content drawing on the specialist research interests of teaching staff. The course convenor has extensive experience in both research and practice in the law, governance and development field. The guest lecturers are all acknowledged experts in their fields, with significant experience not only in scholarly research but in various aspects of development practice. The course is highly interactive, with a range of activities that emphasise inquiry-based learning in which students investigate current issues and debates regarding law and development. Course content also emphasises the need to uncover and understand the processes by which knowledge about people and places in the so-called “developing world” is produced. Assessment tasks have been designed to provide students with multiple opportunities to develop and demonstrate these skills

Additional Course Costs

This course is an intensive course taught at the ANU Acton Campus in Canberra. Because of COVID-19, the course will be taught via Zoom.

Required Resources

In view of the intensive nature of the course, it is essential for students to complete the prescribed required reading prior to commencement of the course.

An E-brick will be available on the Wattle site. Since many of the students enrolled in the Law, Governance and Development stream are based interstate or overseas, we have found this to be the most effective means of ensuring that all students can access the materials prior to the commencement of the course.

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

Task submission times refer to Canberra time (AEST/AEDT).

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	Introduction to the Field Law, Development, Law & Development Conceptions of International Development & Underdevelopment	Lecture, class discussion
2	Competing Models of International Development The 'Moments' in Law and Development China's Belt and Road Initiative (BRI)	Lecture, class discussion
3	Rule of Law Theory Praxis	Lecture, class discussion
4	Courts, Justice and Development Constitutionalism(s) of the Global South Judicialization of Governance	Lecture, class discussion and presentations
5	Human Rights, Good Governance and Development Good Governance Rights and Corporations	Lecture, class discussion and presentations
6	Sustainable Development Legal Pluralism and Access to Justice Disasters, Displacement and Development	Lecture, class discussion and presentations
7	Course Wrap-up and Discussion on Assessment 2	Lecture, class discussion

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Article Review	30 %	14/02/2022	28/02/2022	1,2,3,4
Research Paper	70 %	24/03/2022	18/04/2022	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.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend.

Assessment Task 1

Article Review

Details of task: There is a short written assignment with a word limit of 1,500 words, inclusive of footnotes in AGLC format. There is no bibliography. The student will choose a single article from the reading list for Week 2 (Sessions 4-6) of the course. The student must write a critique of the article consisting of the following 3 elements:

1.  Summarize the article’s argument
2.  Explain the value of the article for practitioners
3.  Explain problems practitioners may encounter in applying the article in practice

The article review must include footnote citations to sources that support the student's explanations for 2) and 3) above. The article review will be due on Wattle via Turnitin on Monday 14 February. Students must present their article review in a verbal presentation (15 minutes maximum) to the class. The verbal presentation will occur on the date given for the chosen article in the reading list for Weeks 2.

Note: choice of article must be discussed with the Course Convenor, and approved by 9 February 2022.

Relationship between the Assessment Task and the Course Objectives: This assessment task is relevant to all learning outcomes. This course requires students to practice a reflexive approach to the study of “law” and “development”, and this assessment task provides students with an opportunity to reflect on the value and problems of scholarship in the field.

Nature of task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 30%

Word limit: 1500 words

Due Date: 9am, Monday 14 February 2022. Due to the nature of the task, late submission or extension is not permitted. 

Estimated return date: Monday 28 February 2022

Assessment Criteria:

Your critical review will be assessed against the following criteria:

(a) Understanding of the issues

Concise summary of key points that the articles make regarding the theoretical relationship between law, governance and development;

Consideration of how these ideas might apply to law and development practitioners.

(b) Communication and development of argument

Clear, logical and well-ordered argument that is drawn from, and builds upon, the prescribed reading and your reflections.

(c) Analysis

Demonstration of critical analytical skills in evaluation of the arguments;

Situation of your review within the broader literature;

Engaging with the larger themes addressed in the course.

(d) Presentation, style and referencing

Appropriate referencing and clarity of expression.

Assessment Task 2

Research Paper

Details of task: Students will do a research paper. The research paper will have a word limit of 4,200 words, inclusive of footnotes in AGLC format. Please include a cover page. The research paper will include a separate bibliography (reference list) that will not be counted within the word limit. The research topic should relate to course content. The research paper will be due on Wattle via Turnitin on Thursday 24 March. 

Note: topics must be discussed with the Course Convenor, and approved by 21 February 2022.

Nature of task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 70%

Word limit: 4200 words

Due date: 5pm, Thursday 24 March 2022. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated return date: Monday 18 April 2022

Assessment criteria:

(a) Understanding of the issues

The choice of the research topic or question, having regard to difficulty, originality and relevance to the course.

(b) Communication and development of argument

The quality and coherence of the arguments made;

The degree of complexity and insight demonstrated in dealing with the issues related to the research topic;

Extent to which competing arguments are considered and addressed;

Use of case studies or examples to explore the key issues.

(c) Research

Evidence of literature review to identify key points of debate or contention among authors in the field, particularly in relation to the conceptual relationship between law, governance and development;

The breadth and/or depth of research, and the choice of materials and sources;

Critical analysis of material, rather than simply summarising or extensively quoting material.

(d) Presentation, style and referencing

The clarity of the structure and the organisation of the paper;

Appropriate referencing.

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 are appropriate when approved by the Associate CoL 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 not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• 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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

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. 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.

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