Justice and the World's Resources

Subject 732-719 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2009:

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 candidates background and experience.
Prerequisites:

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.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Understand the historical, political and legal dimensions of the claim for global wealth distribution in the context of the New International Economic Order (NIEO)
  • Understand the concept of distributive justice according to Aristotle and Rawls, and their relevance to the twentieth-century debate on global wealth distribution
  • Have a sound understanding of the legal and institutional framework of resource-management regimes – both universal and shared
  • Be able to analyse the definitional content and normative value of the concept of the common heritage of mankind, and of equitable use and allocation applicable to universal and shared resources respectively, by reference to the theories of sources of international law
  • Comprehend and be able to apply the principles of justice and core allocation criteria in the negotiation of bilateral and multilateral resource-management regimes.

Syllabus:

Principal topics will include:

  • Setting the stage for the debate on the allocation of global and shared resources – the NIEO
  • The Aristotelian concept of distributive justice, and Rawls’ Theory of Justice
  • The resource-management regimes of deep seabed, the Moon and other celestial bodies, the Geostationary Orbit and Antarctica
  • The concept of the Common Heritage of Mankind – in theory and in practice
  • The notion of ‘shared resources’ and the resource-management regimes of common oil and natural gas deposits, fishery and international watercourses
  • The application of Rawls’ Theory of Justice to the distribution of the world’s universal and shared resources
  • Principles of justice in the allocation of the world’s resources, and the normative value of the principle of distributive justice.
Assessment:
  • Take-home examination (100%) (29 January–1 February 2010)

    or
  • Research paper 10,000 words (100%) (4 March 2010) (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: P12.507Semester 2NLawLawYNNNParkvillePARKVILLEJustice and the World's Resources732-719200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/732719Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

A student who has successfully completed this subject should:

  • Understand the historical, political and legal dimensions of the claim for global wealth distribution in the context of the New International Economic Order (NIEO)
  • Understand the concept of distributive justice according to Aristotle and Rawls, and their relevance to the twentieth-century debate on global wealth distribution
  • Have a sound understanding of the legal and institutional framework of resource-management regimes – both universal and shared
  • Be able to analyse the definitional content and normative value of the concept of the common heritage of mankind, and of equitable use and allocation applicable to universal and shared resources respectively, by reference to the theories of sources of international law
  • Comprehend and be able to apply the principles of justice and core allocation criteria in the negotiation of bilateral and multilateral resource-management regimes.

Syllabus:

Principal topics will include:

  • Setting the stage for the debate on the allocation of global and shared resources – the NIEO
  • The Aristotelian concept of distributive justice, and Rawls’ Theory of Justice
  • The resource-management regimes of deep seabed, the Moon and other celestial bodies, the Geostationary Orbit and Antarctica
  • The concept of the Common Heritage of Mankind – in theory and in practice
  • The notion of ‘shared resources’ and the resource-management regimes of common oil and natural gas deposits, fishery and international watercourses
  • The application of Rawls’ Theory of Justice to the distribution of the world’s universal and shared resources
  • Principles of justice in the allocation of the world’s resources, and the normative value of the principle of distributive justice.
  • Take-home examination (100%) (29 January–1 February 2010)

    or
  • Research paper 10,000 words (100%) (4 March 2010) (topic approved by the subject coordinator)

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 candidates background and experience.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.

Successful completion of Principles of International Law or equivalent.

N.A.N.A.Law732-7192

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