The course is intended to be a follow-up course to LAWS8182 Principles of International Law. It too will focus on general international law, seeking to identify, in particular, the impact of the relevant norms on the conduct of international relations and national decision-making in this area.
Subject matter coverage will centre on those parts of general international law that are not covered in Principles of International Law, yet are regarded as necessary for a well-rounded knowledge of the subject matter befitting a specialist degree in Public International Law. Some continuing attention will be devoted to further developing the students' capacity to apply international legal norms in concrete settings.
Topics covered in lectures will usually include:
- territory in international law
- State responsibility
- the use of force, including UN enforcement measures
- jurisdiction and immunities.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Describe, explain and evaluate the nature, role and impact of legal considerations in the conduct of international relations;
- Distinguish core concepts of international law and appropriately summarise and synthesise their role within the broader international legal framework;
- Explain and demonstrate through the critical analysis of particular cases and situations how the law is applied or misapplied in practice;
- Understand how the mechanisms governing the generation and modification of international legal norms apply in particular contexts; and
- Resolve through the appropriate use of legal principles, practical problems in a structured, succinct and precise manner.
Research-Led Teaching
The teaching in this course draws on and is informed by Associate Professor Saunders' research in public international law.
Required Resources
A reading list and electronic resources will be provided through the Wattle site.
Recommended Resources
There are a number of standard texts on international law that students may wish to consult for further reading or in the completion of your assessment tasks. They will be placed on reserve in the Law Library, and a list posted on the course wattle site. There is no set text for the course, and you are not required to buy a textbook.
The following are good starting-points for electronic research in international law, including: ANU Law Library, International Law and Foreign Law (part of the Weblaw project): http://libguides.anu.edu.au/international_law
- Australian Treaties Library: http://www.austlii.edu.au/au/other/dfat/
- American Society of International Law, Electronic Information System for International Law: http://www.eisil.org/
- Oxford Reports in International Law http://opil.ouplaw.com/home/oril [also available via ANU Law Library]
- United Nations Documentation: Research Guide http://research.un.org/en/docs/
Staff Feedback
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments
- feedback to the whole class and small groups in online sessions
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: 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 | Part A: Territory and International Law | Tuesday 15th and Wednesday 16th March. |
| 2 | Part B: Jurisdiction and Immunities | Friday 18th and Monday 21st March. |
| 3 | Part C: State Responsibility | Wednesday 23rd and Friday 25th March. |
| 4 | Part D: International Dispute Resolution at the ICJ | Monday 28th and Wednesday 30th March. |
| 5 | Part E: International Law in Time and Context | Friday 1st April. |
Assessment Summary
| Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
|---|---|---|---|---|
| Reflective Class Note 1 | 15 % | 28/03/2022 | 04/04/2022 | 1,2,3,4 |
| Reflective Class Note 2 | 15 % | 11/04/2022 | 19/04/2022 | 1,2,3,4 |
| Contribution to Class Discussions | 10 % | * | 08/04/2022 | 1,2,3,4,5 |
| Problem Scenario and Analytical Task | 60 % | 04/05/2022 | 31/05/2022 | 1,2,3,4,5 |
* 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
Learning Outcomes: 1,2,3,4
Reflective Class Note 1
Nature of the Task: This course will rely heavily on class participation and discussion. At the end of the second and third teaching weeks you are expected to submit a reflective class note of 850 words apiece. Each note must develop in writing one of the class questions/exercises. The choice of the class exercise/question is entirely up to you. You can use this opportunity to reflect critically on one of these questions/exercises and draw connections with the broader material we discuss in class.
Weighting: 15%
Word Limit: 900 words, including any footnotes. Footnotes, if used, should be in AGLC format.
Due Date: 5pm Monday 28th March 2022 (following the second week of teaching). Late submissions (without an extension) are permitted, but late penalties will apply.
NOTE: All students are expected to be available during the assignment period to complete this assessment task.
Estimated return date: Monday 4th April 2022
Assessment Criteria:
- Familiarity with and understanding of class discussions;
- Ability to combine theory and practical examples;
- Reflexivity and analytical thinking;
- Appropriate and/or creative format.
Assessment Task 2
Learning Outcomes: 1,2,3,4
Reflective Class Note 2
Nature of the Task: This course will rely heavily on class participation and discussion. At the end of the second and third teaching weeks you are expected to submit a reflective class note of 850 words apiece. Each note must develop in writing one of the class questions/exercises. The choice of the class exercise/question is entirely up to you. You can use this opportunity to reflect critically on one of these questions/exercises and draw connections with the broader material we discuss in class.
Weighting: 15%
Word Limit: 900 words, including any footnotes. Footnotes, if used, should be in AGLC format.
Due Date: 5pm Monday 11th April 2022 (following the final week of teaching). Late submissions (without an extension) are permitted, but late penalties will apply.
NOTE: All students are expected to be available during the assignment period to complete this assessment task.
Estimated return date: Tuesday 19th April 2022
Assessment Criteria:
- Familiarity with and understanding of class discussions;
- Ability to combine theory and practical examples;
- Reflexivity and analytical thinking;
- Appropriate and/or creative format.
Assessment Task 3
Learning Outcomes: 1,2,3,4,5
Contribution to Class Discussions
Details of Task: Given the importance of interactive learning for this course, you will be given a mark for your contributions in class.
Weighting: 10%
Estimated return date: approximately 1 week after the end of the teaching period.
Assessment Criteria:
- Quality of your class interventions (meaning that quantity is not enough);
- Demonstrated ability to collaborate with your fellow students in the completion of class activities;
- Demonstrated ability to express your own opinions in a convincing, concise and respectful way.
Assessment Task 4
Learning Outcomes: 1,2,3,4,5
Problem Scenario and Analytical Task
Details of the Task: This task comprises of a legal analysis based on a factual problem scenario as well as a analytical component requiring you to discuss the political/legal/social/economic or other policy issues arising from the scenario.
Nature of Task: Compulsory. Non completion of this task will result in a 0 for this assessment task.
Weighting: 60%
Word limit: 3600 words. A bibliography should be provided for the analytical component: this will not count towards the word limit. Footnotes should be in AGLC format.
Release: Friday 1 April 2022.
Due date: 5pm Wednesday 4th May 2022. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated return date: Tuesday 31th May 2022.
NOTE: All students are expected to be available during the assignment period to complete this assessment task.
Assessment Criteria:
- Ability to identify the correct legal issues and identify the applicable law.
- Quality of analysis applying the law to the factual scenario.
- The quality of your research, including, but not limited to: the breadth and depth of your research; the choice and combination of primary and secondary materials; the ability to synthesise different materials rather than simply quoting or summarising them.
- Construction of a clear argument/analysis that is persuasive and grounded on your materials. Engagement with counter-arguments will generally be considered a strength.
- Presentation, style and referencing: the clarity of the structure and the organisation of the paper/appropriate referencing that acknowledging the work of others and its impact on the arguments of the student.
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.
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
Convener
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AsPr Imogen Saunders
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