International Law and the Use of Force

Subject 730-693 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: Prerequisite

Successful completion of 'Principles of International Law' or equivalent
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Dr Gerry Simpson
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Be conversant with the scope of the various exceptions to the legal prohibition on the resort to military force
  • Be able to critically evaluate purported justifications for resort to military force and understand arguments for and against the legal validity of such claims
  • Be familiar with the approach of the UN Charter framework for the international legal regulation of resort to force and understand the relationship between this principal treaty regime and customary international law
  • Comprehend the interplay between law and politics in this sensitive area of national decision making and policy.

Syllabus:

Principal topics will include:

  • Historical approaches to the legal regulation of the use of force
  • The concept of force and exclusion from legal regulation of economic or political coercion
  • Scope of the general prohibition on the use of military force in Article 2(4) of the UN Charter
  • UN Charter framework for collective security and resort to force
  • Scope of the right of self-defence, including anticipatory or collective self-defence
  • Right to rescue nationals in foreign territory and right of humanitarian intervention
  • International crime of aggression
  • Legal analysis of the so-called War on Terror
  • Case studies on legitimacy of NATO bombing in Kosovo and coalition of the willing intervention in Iraq
  • Relationship between the jus ad bellum and the jus in bello.
Assessment:
  • Take-home examination (100%) (16-19 January 2009)
    or
  • Research paper 10,000 words (100%) (19 February 2009) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-693International Law and the Use of ForceMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Be conversant with the scope of the various exceptions to the legal prohibition on the resort to military force
  • Be able to critically evaluate purported justifications for resort to military force and understand arguments for and against the legal validity of such claims
  • Be familiar with the approach of the UN Charter framework for the international legal regulation of resort to force and understand the relationship between this principal treaty regime and customary international law
  • Comprehend the interplay between law and politics in this sensitive area of national decision making and policy.

Syllabus:

Principal topics will include:

  • Historical approaches to the legal regulation of the use of force
  • The concept of force and exclusion from legal regulation of economic or political coercion
  • Scope of the general prohibition on the use of military force in Article 2(4) of the UN Charter
  • UN Charter framework for collective security and resort to force
  • Scope of the right of self-defence, including anticipatory or collective self-defence
  • Right to rescue nationals in foreign territory and right of humanitarian intervention
  • International crime of aggression
  • Legal analysis of the so-called War on Terror
  • Case studies on legitimacy of NATO bombing in Kosovo and coalition of the willing intervention in Iraq
  • Relationship between the jus ad bellum and the jus in bello.
  • Take-home examination (100%) (16-19 January 2009)
    or
  • Research paper 10,000 words (100%) (19 February 2009) (topic approved by the subject coordinator)
Prerequisite

Successful completion of 'Principles of International Law' or equivalent

N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Dr Gerry SimpsonLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730693P12.500Semester 2NLawLaw730-693

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