Good governance', 'rule of law', 'strengthening access to justice' and 'land reform' are currently high on the agenda of governments and donors in the South Pacific region. Law reform is often presented as a remedy to political instability, corruption, disappointing economic growth, and conflict.

This course introduces students to the legal systems of the independent nations of the South Pacific and examines the relationship between law, governance and development in the region. It considers:

• the general features of law and legal systems in countries of the South Pacific, including the influence of custom and tradition;
• the multiple meanings of 'law' in the social, political and legislative contexts of the South Pacific;
• constitutions, leadership and the organisation of the state;
• “state building” and “access to justice” in the “arc of instability”; and
• current debates about the status and recognition of customary law, particularly in relation to (i) land and natural resource management and (ii) human rights.

Learning Outcomes

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

1. be familiar with the general patterns of law and legal systems in countries in the independent nations of the South Pacific, including:the influence of custom and tradition; and the influence of the colonial period and contemporary state-building initiatives;
2. have a broad understanding of the multiple meanings of ‘law’ in the social, political and legislative contexts of the independent South Pacific, and be able to consider which meaning may be appropriate in different contexts;
3. be able to evaluate contemporary academic and policy debates about the status and recognition of customary law, particularly as it relates to: governance and state-building; land and natural resource management; and human rights; and
4. be able to access and analyse South Pacific legal materials and to employ a variety of tools and methodological approaches useful for legal research and practice in South Pacific contexts.

Research-Led Teaching

Rebecca’s approach to teaching emphasises the idea of a shared journey or process of learning (see Teaiwa 2005, which we will discuss in the first class). The course is highly interactive with a combination of asynchronous and synchronous materials, and a range of activities that emphasise inquiry-based learning. Students will investigate current law and development issues, debates and programs in the region, and uncover, understand and carefully consider the processes by which knowledge about the Pacific is produced. The assessment tasks have been designed to enable and require students to develop and demonstrate these skills.

Required Resources

This course is provided through dual delivery. Students will need access to Zoom, the ANU Wattle site, and Echo360.

Recommended Resources

All resources will be made available online.

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

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/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.

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 College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to the region and to key themes in Pacific Studies; ‘Law’, ‘development’, ‘the Pacific’: unpacking key terms
2	Engaging with legal pluralities
3	Land, property and recognition
4	Extractive industries, conservation, and ‘the community’	Assessment for Group 1
5	Justice, stability, strengthening dispute resolution	Assessment for Group 2
6	Parliamentary democracy and customary leadership	Assessment for Group 3
7	Human rights and customary justice systems	Assessment for Group 4 (if there is Group 4)
8	Climate change and climate justice
9	Navigating a sea of islands

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Forum Participation: Reading Memo and Shorter Posts	30 %	19/02/2024	26/02/2024	1, 2, 3, 4
Take-home Test: Reflective Reading Journal	30 %	26/02/2024	02/03/2024	1, 2, 3, 4
Research Paper	40 %	11/03/2024	29/03/2024	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 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 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 graduate 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. 

In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Forum Participation: Reading Memo and Shorter Posts

Details of Task: This class is designed to be highly interactive. It adopts Teaiwa's (2004) model of the classroom as a canoe in which everybody embarks on a cooperative learning journey. This kind of voyage requires that we share our insights with each other in both synchronous classes and the online discussion forum.

Given this is a hybrid class (some participants will not be present for all face-to-face classes), students will be marked for a reading memo on the online discussion forum.

Students will be allocated to Groups 1-4 (and possibly 5, depending on enrolments). These groups correspond to a particular class and material (this is marked in the reading guide).

Students are required to prepare the following:

• a 1200 word reading memo for their allocated class
• at least 2 x 300 word posts on the forum

These are to be posted to the online discussion forum for the purpose of prompting discussion among students. The purpose is to share your view of the readings with other students: you should not only summarise, but also reflect upon the readings, your own opinions on them, and highlight any questions you would like to discuss further.

Students are required to compile these contributions in a single document and upload to Turnitin for assessment. These materials will be assessed holistically. If your contributions to the forum exceed 1800 words, please select your 1200 word memo and two of your best 300 word contributions.

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: 1,800 words (1200 + 600). The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. In the ANU CoL, we typically use the Australian Guide to Legal Citation for referencing, however given the format of the discussion forum in text referencing is sufficient.

Due Date: 5pm Monday 19 February. One purpose of this assessment is to ensure that you have the opportunity for feedback prior to the classes finishing. Due to the nature of the task, extensions are not permitted. Late submissions are permitted, but late penalties will apply.

Estimated Return Date: 26 February 2024

Assessment Criteria: Your reading memo and other posts should seek to critically examine the key points, arguments and themes across each session; identify where they differ or converge; and reflect on the implications for your own practices in relation to law and development.

(a) Understanding of the issues

• evidence of reading, understanding and reflection on the core issues raised in the prescribed readings and in the course.
• consideration of how these ideas might apply to the student’s own work, or that of others;
• consideration of outstanding questions not addressed by the reading

(b) Communication and development of argument

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

(c) Argument and analysis

• original, reasoned arguments that identify, consider and analyse competing views
• ability to articulate the aspect of the literature that you consider most important or relevant.
• engaging with the larger themes addressed in the course.

(d) Presentation, style and referencing

• structure, use of paragraphs and headings (if appropriate), grammar, clear and concise expression, style and accurate in-text referencing.

Assessment Task 2

Take-home Test: Reflective Reading Journal

Details of Task: This course requires students to practice a reflexive approach to the study of “law” and “development”, and to reflect on their own present or future roles as law and development practitioners. This activity requires students to write in first person and consider their 'positionality' or 'situatedness' (Haraway 1988) in law and development, including in relation to the texts and issues discussed throughout the course.

We will practice these skills throughout the course. During the classes, time will be set aside for students to write brief ‘journal entries’ in which they critically reflect on the prescribed readings, discussions in class, and the implications for their own practice. Following the completion of classes, students may use one or several of these ‘journal entries’ to develop this reflective essay, which focuses on the role of law and development practitioners in the development process, and the implications for their own practice. Students choose their own topic for reflection. Students who do not have any professional experience in the law and development field will be able to draw on their experiences as a student.

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: 1,800 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 10am Monday 26 February. Extensions are not permissible. The purpose of this exercise is to reflect on the class, and extensions will compromise the students' ability to do that. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated Return Date: 3 March 2024.

Assessment Criteria: Your review should seek to critically examine the key points, arguments and themes across each session; identify where they differ or converge; and reflect on the implications for your own practices in relation to law and development.

Your critical review will be assessed against the following criteria:

(a) Understanding of the issues

• evidence of reading, understanding and reflection on the core issues raised in the prescribed readings and in the course.
• consideration of how these ideas might apply to the student’s current or future role as a law and development practitioner.

(b) Communication and development of argument

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

(c) Argument and analysis

• original, reasoned arguments, considering, contrasting and analysing competing views and articulating the aspect of the literature that you consider most important or relevant.
• demonstration of an analytic focus on the relationships between, and the interests of, the many stakeholders in law and development initiatives.
• engaging with the larger themes addressed in the course.

(d) Presentation, style and referencing

• structure, use of paragraphs and headings (if appropriate), grammar, clear and concise expression, style and full and accurate footnotes according to AGLC (4th ed).

Assessment Task 3

Research Paper

Details of Task: The research paper addresses a research topic related to the course and approved by the Course Instructor. Sample topics will be provided, but students are also encouraged to pursue a topic of their choice. This should be done in consultation with course instructors. Topic proposals should be submitted to the Course Convenor by Friday 9 February, in order to allow time for feedback.

Students must provide an explanation of why they chose the particular topic in the introduction of the paper.

This assessment will allow students to employ the skills they have developed during the course and demonstrate their understanding of a variety of research and writing methods, ability to communicate an argument, and undertake research using appropriate methodology. Students are strongly encouraged to work on this paper throughout the course rather than wait until course completion before starting.

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

Weighting: 40%

Word Limit: 2,500 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm Monday 11 March. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated return date: Friday 29 March 2024

Assessment criteria:

(a) Understanding of the issues

• explanation of the research topic and why it is of interest to the student
• the choice of the research topic or question, having regard to difficulty, originality and relevance to the course;
• evidence of literature review to identify points of debate or contention among authors in the field; and
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively.

(b) Communication and development of argument

• the quality and coherence of the arguments made;
• extent to which the student is explicit about their own position on the topic and how their own knowledge and life experiences might shape their approach to the topic
• 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

• the breadth and/or depth of research, and the choice of materials and sources;
• use of a range of resources, including primary and secondary material and theoretical literature;
• critical analysis of material, rather than simply summarising or extensively quoting material; and
• good organisation of sources and ability to synthesise all the research materials used, both in relation to the literature review and case studies or examples.

(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. 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.

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

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

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