International Law and the Use of Force

Subject LAWS70078 (2010)

Note: This is an archived Handbook entry from 2010.

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

This subject has the following teaching availabilities in 2010:

November, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

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, coalition of the willing intervention in Iraq and the Georgia-Russia conflict
  • The relationship between the jus ad bellum and the jus in bello.
Objectives:

A student who has successfully completed this 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 United Nations Charter framework for the international legal regulation of resort to force and understand the relationship between this principal treaty regime and customary international law
  • Understand the interplay between law and politics in this sensitive area of national decision making and policy.
Assessment:

Take-home examination (100%) (21-24 January 2011)
or
10,000 word research paper (100%) (21 February 2011) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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