The horrors that a nuclear conflict could unleash upon the world were made plain in 1945 in Hiroshima and Nagasaki. The intervening years have seen a significant increase in the number of states known or believed to possess such weapons, and a continuing reliance, (pivotal during the Cold War but no less important in the post-Cold War era), on nuclear deterrence as a factor in maintaining peace among the global powers. Given the proliferation of nuclear weapons that has taken place, there is a recognisable need for mutual assurance among States, both nuclear and otherwise. A key contributing element in that required mutual assurance is nuclear command, control and communications (NC3). The global community needs to be assured that all nuclear weapon-armed States have effective and robust NC3 arrangements in place. But what are the rules that regulate this most terrifying of weapons?
This course will take students through the diverse elements of the applicable law, showing how that law can make sense in the extreme circumstances of nuclear war. After examining ideas of sovereignty and jurisdiction, we will consider the law as it applies to the use of nuclear force and to the conduct of nuclear operations during an armed conflict. International crimes, neutrality and national doctrine will be addressed and the continued relevance, or otherwise, of a pivotal opinion of the International Court of Justice (dating from the mid-1990s) will be assessed. We will review the significance of a treaty, adopted a few years ago, that would ban nuclear weapons, and we will try to draw conclusions for the future of NC3.
The course is structured into lectures, with distinct topics within each lecture. In the associated seminars, students will work through practical problems in sub-groups thereafter presenting and discussing their proposed solutions in the plenary setting. Some background understanding of international law as it affects conflict would be a desirable advantage, but the course is taught on the basis of no prior knowledge.
Dr Bill Boothby, an internationally renowned humanitarian law and weapons law scholar who has written authoritative monographs on both subjects will teach the course.
It will consist of a series of lectures and workgroups to discuss and solve pre-set problems. The solutions of each work group will then be presented in plenary and discussed.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Investigate and critically assess how international law impacts on nuclear weapons policy.
- Critically reflect on how notions of sovereignty, state responsibility and the use of force can be applied to the possession and use of nuclear weapons.
- Review and evaluate how the law on the conduct of hostilities constrains nuclear warfare options.
- Critically analyse the prohibition of indiscriminate nuclear attacks and the precautions in attack that are required to achieve compliance with the principle of distinction.
- Research and reflect on the various methods of nuclear warfare, on the importance and relevant rules of neutrality law and on reprisals.
- Synthesise legal materials into a concise and cohesive argument that address Nuclear Weapons Law.
Other Information
N/A
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the Class Summary and on the course WATTLE page. (100) [LO 1,2,3,4,5,6]
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Workload
- Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 hours of face-to-face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised.
Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.
Assumed Knowledge
N/A
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2024 | $4980 |
- International fee paying students
| Year | Fee |
|---|---|
| 2024 | $6360 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Winter Session
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 6502 | 12 Sep 2024 | 27 Sep 2024 | 27 Sep 2024 | 15 Nov 2024 | Online | View |