In an increasingly globalized world international lawyers are called upon to address contemporary global challenges, to represent and advise governments across a diverse field of subject areas and to contribute to the codification and progressive development of International law. Who then are these international lawyers, how do they provide their advice and what sorts of ethical issues arise from their doing so?

This course examines the practice of international law in the Australian Government. Attention is provided to the government structures through which advice is provided and how advice is generated. The course includes a focus on the practice of international negotiation, the conduct of international litigation and the process through which the Australian Parliament considers treaties.

The course will also examine broader issues such as the role of the legal adviser to government and ethical issues involved in the provision of legal advice to government.

The course is taught by two highly experienced government practitioners, with more than 50 years of practical experience between them. Lectures are supplemented by guest presentations by other senior public servants.

Learning Outcomes

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

1. Demonstrate a practical understanding of how international legal advice is provided to the Australian Government;
2. Debate how best to structure the provision of international legal advice to the Australian Government;
3. Apply their understanding of how to negotiate and draft an international treaty through a simulated negotiation exercise;
4. Debate what sort of process for scrutinising and approving treaties would best serve the Australian people;
5. Debate whether the current attribution of immunities to diplomats is warranted;
6. Outline what important steps are involved in international litigation;
7. Debate the ethical issues arising in the provision of international legal advice;
8. Hypothesise about how international law will likely be applied to international legal problems in the future; and
9. Plan and execute legal research with independence in order to produce original scholarship.

Research-Led Teaching

Mr Richard Rowe

Richard Rowe PSM is a former senior officer of the Australian Department of Foreign Affairs and Trade where he was the Department’s Senior Legal Adviser with overall responsibility for the International Legal as well as the Corporate Law areas. He has also been Head of the International Organisations and Legal Division and the Pacific Division in the Department. He has been Ambassador to Sweden, Finland, Estonia, Latvia and Lithuania and has served in senior positions in Australian Missions in New York, Geneva, Noumea, London and Hanoi. He is an Honorary Professor in the ANU College of Law. He has a particular interest in diplomatic tradecraft and negotiation skills.

Any views expressed by the Presenters should be taken as theirs alone and not as representative of the views of the Government or any other previous employers.

Mr Stephen Bouwhuis

Stephen Bouwhuis is a General Counsel in the Department of Health, whose responsibilities include the design of the legal instruments for responding to the COVID-19 pandemic. His previous roles include Senior Counsel (International Law) in the Attorney-General’s Department, the Legal Counsel of the Commonwealth Secretariat in London and the Trade Measures Review Officer for Australia. Stephen has advised on all aspects of international law and published widely on international law, leadership and the management of government legal offices. His academic qualifications include a Masters of Public Administration from the John F. Kennedy School of Government at Harvard and a Masters of International Law from the Australian National University.

 

Any views expressed by the Presenters should be taken as theirs alone and not as representative of the views of the Government or any other previous employers.

Required Resources

See the Course Reading List on the course Wattle site.

Recommended Resources

See the Course Reading List on the course Wattle site.

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

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

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

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

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	The provision of international legal advice within the Government of Australia. This session will examine the structure through which international legal advice is provided. In particular, it will consider the following questions: who provides legal advice to the Government of Australia? how is that advice developed?	This is a semi-intensive course that will be delivered on 10-11 March, 7-8 April 2022 from 9am-3:30pm Canberra Time.
2	The relationship between International Law and Australian Law. This session will examine: the dualist and monist approaches to the incorporation of international law into domestic law the use of international law as an influence in developing the common law the relevance of international law to administrative decision making
3	Constitutional power over International Affairs. This session will examine the power of the Commonwealth of Australia to legislate with regard to external affairs.
4	The Treaty-Making Process. This session will examine: the process of negotiating treaties (including the different stages of treaty making) the role of the drafter in the treaty process the enactment of treaty obligations into domestic law
5	Reform of the Treaty-Making Process. This session will examine reforms to the Parliamentary process for making and considering treaties. In particular: The consideration of treaties by the Joint Standing Committee on Treaties The Parliamentary Joint Standing Committee on Human Rights
6	Negotiation essentials. This session will teach the basics of negotiation.
7	Diplomatic Immunities. This session will examine the immunities applicable to diplomats, foreign governments and foreign officials.
8	The conduct of international litigation. This session will examine: the different forums through which international legal issues are litigated (the WTO, ICJ, International Criminal Tribunals) the processes and experience of such litigation
9	Ethics and the provision of international legal advice to government. This session will examine the ethical challenges which arise for the international lawyer. In particular, it addresses the following questions: the difference between legal and policy advice the ethical questions which arise with the nature of the advising function
10	Providing legal advice in an international organisation. This session will examine the provision of legal advice in an international organisation. In particular, it will address the following questions: what are the differences in providing international legal advice to a government or an international organization? what is international administrative law?
11	International law and global governance. This session will examine: the use of international agreement to address governance issues at the global level different approaches to international law (China and India and rising powers)

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	15 %	*	15/04/2022	1,2,4,5,6,7,8,9
Negotiation Exercise – Negotiated Outcome	20 %	28/03/2022	02/05/2022	3
Negotiation Exercise – Reflective Piece	20 %	13/04/2022	02/05/2022	3
Research Paper	45 %	09/05/2022	03/06/2022	1,2,4,5,6,7,8,9

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills 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 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

Class Participation

Nature of task: Compulsory. 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.

Weighting: 15%

Available: Classes run on 10 and 11 March 2022 and 7 and 8 April 2022

Estimated return date: 15 April 2022

Assessment criteria:

a) Preparation and understanding of the material

• consulting and reading pre-assigned materials in advance of the lectures/seminars
• linking material between various aspects of the class and different lectures

b) Thinking critically about the material

• looking at questions from different angles
• questioning assumptions
• debating improvements to existing processes
• identifying and debating the ethical issues involved in existing processes

c)  Expressing ideas clearly

• so that other students and the instructor can understand them and as to be convincing
• use of relevant examples

d) Engaging with other students in the discussion

• building upon or responding to what others have said
• being respectful of different views and opinions

Assessment Task 2

Negotiation Exercise – Negotiated Outcome

Students will play the role of negotiators for 2 different States, based on the roles and scenarios distributed during the second week of the course. Negotiations will be between two teams (composed of 2 negotiators each), which students can self-select.

 

The task will be assessed in two parts (Task 2 and 3). Task 2 consists of the negotiated outcome reached as part of the negotiation. This task is to be submitted as a jointly negotiated outcome reached by both sides of the negotiation. In the event that a negotiated outcome cannot be reached each side will submit an outline of the final negotiated positions reached and the reasons for the impasse. This component of the assessment task is worth 20 marks. 

 

Whilst class time will be allocated to the negotiation, students may also wish to arrange for further discussions to take place either in person, or by email, phone, skype or other similar platform.   

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

Weighting: 20%

Due date: 5pm 28 March 2022. Late submissions without an extension are permitted, although late penalties will apply.

Word limit: There is no word limit for the negotiated outcome

Estimated return date: 2 May 2022

Assessment criteria:

a)   Preparation and understanding of the exercise

• consulting and reading relevant materials in advance
• linking facts, law and propositions as relevant and appropriate
• undertaking original research to support argument

b)   Negotiated outcome

• ability to negotiate objectives of value to your party, specifically:
• ability to consider your negotiating objectives
• ability to work cooperatively with others in conducting a negotiation
• ability to sequence your approach to the negotiation
• ability to conclude the negotiation.

c)   Presentation performance

• clarity of drafting and expression
• use of relevant supporting materials, (for example supporting documents, maps, exhibits)

Assessment Task 3

Negotiation Exercise – Reflective Piece

Students will play the role of negotiators for 2 different States, based on the roles and scenarios distributed at the end of the second day of the first session of the course. Negotiations will be between two teams (composed of 2 negotiators each), which students can self-select.

The task will be assessed in two parts (Task 2 and 3). Task 3 consists of a reflective piece individually prepared by each student on the exercise. This reflective piece should set out the learnings and reflections of the student on the exercise. This component of the assessment task is worth 20 marks.

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

Weighting: 20%

Due date: 5pm 13 April 2022. Late submissions without an extension are permitted, although late penalties will apply.

Word limit: 2,000 words

Estimated return date: 2 May 2022

Assessment criteria:

a)   Preparation and understanding of the exercise

• consulting and reading relevant materials in advance
• linking facts, law and propositions as relevant and appropriate
• undertaking original research to support argument

b)   Ability to think critically about the negotiation

• ability to identify and reflect on key learnings from the exercise
• ability to review critically on your performance and that of the other participants in the negotiation
• material chosen relates clearly to the negotiation and is analysed and applied

c)   Understanding of the Issues

• understanding of the materials
• insight into the issues
• evidence of close consideration of the issues and the research materials drawn on

d)   Communication & Development of Argument

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

e)   Argument/Analysis

• addressing opposing arguments
• well-reasoned conclusions

f)   Research

• depth of research
• range of research sources
• integration of material from research into the paper

g)   Presentation, style and referencing

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

Assessment Task 4

Research Paper

A list of possible suggested topics will be provided during the second week of the Course. A student may choose from this list or choose a topic based on the course material and approved by one of the lecturers before the end of the third week of the Course. 

 

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

Weighting: 45%

Due date: 5pm 9 May 2022. Late submissions without an extension are permitted, although late penalties will apply.

Word limit: 4,000 words

Estimated return date: 3 June 2022

Assessment criteria:

a)  Understanding of the Issues

• understanding of the materials
• insight into the issues
• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on

b)  Communication & Development of Argument

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

c)   Argument/Analysis

• addressing opposing arguments
• well-reasoned conclusions

d)  Research

• depth of research
• range of research sources
• integration of material from research into the paper

e)  Presentation, style and referencing

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

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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 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

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

Detailed written feedback will be provided in relation to each piece of assessment setting out the grade received along with any suggestions for improvement.

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 Access 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