In an increasingly globalised world, international lawyers are called upon to address contemporary global challenges, represent and advise governments across diverse areas, and contribute to the development and codification of international law. This course introduces students to the role of international lawyers, the ways in which legal advice is provided, and the ethical issues that arise in practice.

The course examines the practice of international law within the Australian Government, including the structures through which advice is generated and delivered. Topics include international negotiation, the conduct of international litigation, and the role of Parliament in the treaty-making process. Broader themes such as the role of legal advisers and the ethical dimensions of providing legal advice to government are also explored.

Students develop their knowledge and skills through lectures, case studies, and practical exercises. The course includes collaborative negotiation exercises and analyses of real-world government practice to provide applied understanding of international legal processes.

Learning Outcomes

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

1. Examine and critique the structure and process through which international legal advice is provided to the Australian Government.
2. Negotiate and draft an international treaty through a simulated negotiation exercise.
3. Debate whether the current attribution of immunities to diplomats is warranted;
4. Review the forums and processes through which international legal issues are litigated.
5. Debate the ethical issues arising in the provision of international legal advice;
6. Plan and execute research on the practice of international law in the Australian Government.

Research-Led Teaching

Mr Richard Rowe

Honorary Professor Richard Rowe PSM (ANU College of Law, Governance and Policy) is a former senior officer of the Australian Department of Foreign Affairs and Trade where he was the 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 served in senior positions in Australian Missions in Sweden (as Ambassador), New York (United Nations), Geneva (United Nations), Noumea, London and Hanoi. He has been the Australian head of delegation to many international conferences and has chaired international meetings. He has a particular interest, as a practitioner, in diplomatic tradecraft and negotiation skills and has completed the "Mastering Negotiation" Course at the John F. Kennedy School of Government at Harvard University. His academic interests are: Antarctica; Law of the Sea; International Humanitarian Law; International Criminal Law; International Dispute Resolution; and the United Nations' Institutions. He is a member of the Advisory Board of the ANU's Centre for International and Public Law. He is also an Honorary Senior Fellow (Law) at the University of Melbourne Law School. 

Required Resources

There is no prescribed textbook for this course. Readings will be made available on Canvas two weeks prior to the course commencement date.

Recommended Resources

See Reading Guide available on Canvas for bibliography and resources.

Staff Feedback

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

• written comments
• verbal comments

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

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

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

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

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

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

 

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.
• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.
• The ANU Law School Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Use of Generative AI Tools in Assessment

All work submitted for assessment at the ANU Law School must be your own independent and original work.

This means that generative artificial intelligence (AI) tools must not be used to draft assessment content, unless explicitly instructed by the course convenor. While limited use of AI tools to support learning may be permitted, for example, to assist with expression, structure, or the refinement of ideas, AI must not be used to generate primary text, legal analysis, or substantive content.

Inappropriate use of AI may constitute a breach of the Academic Integrity Rule 2021. For law students, academic integrity breaches may have serious professional consequences, as breaches must be disclosed to the relevant admissions authority.

Students are at university to develop critical skills in legal reasoning, analysis, and written communication. This requires active engagement with assessment tasks and the drafting and refinement of one’s own work. While AI tools may assist with polishing expression or organisation, they must not replace your reasoning, judgment, or authorship.

Used appropriately, AI can be a helpful tool for editing, planning, and limited refinement. However, AI should only be applied to small portions of text. Submitting work generated in large part by AI increases the risk of poor academic outcomes and academic integrity concerns.

Where AI or other assistive technologies are used, students must comply with all disclosure requirements that are available on the course Canvas site. 

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? 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	This is a semi-intensive course that will be delivered on the following dates:9:00am - 1:00pm, Tuesdays & Thursday 24 & 26 February 20269:00am - 1:00pm, Tuesday 3 - 31 March 20269:00am - 1:00pm, Thursday 2 April 2026Due to the nature of the course, the workshops will NOT be recorded.
2	The provision of international legal advice within the Government of Australia (Cont.) .
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 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
5	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 Reform of the Treaty-Making process the role of the Joint Standing Committee on treaties
6	Negotiation essentials. This session will teach the basics of negotiation.
7	The conduct of international litigation. This session will examine: the different fora in which international legal issues are litigated (the ICJ, ITLOS, WTO) the processes and experience of such litigation
8	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)

Tutorial Registration

There are no tutorials in this course.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	15 %	*	09/04/2026	1,2,4,5,6,7,8,9
Negotiation Exercise – Negotiated Outcome	20 %	07/04/2026	21/04/2026	3
Negotiation Exercise – Reflective Piece	20 %	07/04/2026	21/04/2026	3
Research Paper	45 %	04/05/2026	*	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
• Extenuating Circumstances Application
• 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 ‘Canvas’ 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, Governance and Policy 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.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Class Participation

Nature of task: Compulsory. The ANU College of Law, Governance and Policy 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%

Due Date: Ongoing

Estimated return date: 9 April 2026

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

Details of task: 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 Negotiation Exercise task will be assessed in two parts (Task 2 - Negotiated Outcome and Task 3 - Reflective Piece). 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, Zoom 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, Tuesday 7 April 2026. 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: 2026

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

Details of task: 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 Negotiation Exercise task will be assessed in two parts (Task 2 - Negotiated Outcome and Task 3 - Reflective Piece).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, Tuesday 7 April 2026. Late submissions without an extension are permitted, although late penalties will apply.

Word limit: 1,600 words

Estimated return date:

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

Details of Task: 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%

Word limit: 3,600 words. The ANU School of Law’s excess word penalty policy can be found here.

Due date: 5pm, Monday 13 April 2026. Late submissions without an extension are permitted, although late penalties will apply. Please be aware that if you are in your final course(s), any late submissions may delay your conferral date.

Estimated return date: Results for non-standard sessions will be released approximately one month from the course end date.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

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. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

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

• Maximum Submissions: Students can submit up to three times per assessment.
• Final Submission Counts: Only the last uploaded version will be marked — provided it is uploaded before marking begins.
• Late Submissions: If submitted after the due date, the final version will still be marked, but late penalties will apply (unless an extension has been approved).
• No Submissions After Return Date: Once the return-of-assessment date has passed, NO submissions will be accepted.
• Marking Already Started: If a marker has already begun marking a version, that version will be the one assessed — even if a newer one is uploaded later.

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 all ANU students