Principles of International Law

This subject has the following teaching availabilities in 2013:

This subject provides an introduction to the basic concepts and norms of the public international legal order. It is designed for those with no (or very limited) background in international law. Students who have completed an undergraduate subject in international law or have some professional experience are advised to consider other international law offerings.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

This subject is an introduction to the basic principles and rules of the public international legal order. It is designed as an introduction to international law and, therefore, provides students with an understanding of the foundational concepts of international law, the history of international law and its contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice so as to better demonstrate how international law works in dealing with a range of issues such as dispute settlement, self-determination, international criminal law and human rights law. Students will be encouraged to critically evaluate the position and relevance of international law in international politics and society by addressing past and current developments through case studies. The members of the teaching team are scholars in international law who have developed specific areas of specialisation in international law.

Principal topics will include:

• The nature, purpose and language of international law
• Sources of international law
• International legal personality and jurisdiction
• The responsibility of states and individuals (civil and criminal)
• The UN and regional organisations and the International Court of Justice
• Peaceful settlement of disputes and the use of force
• The relationship between international law and municipal law.

A student who has successfully completed this subject should understand:

• The process, structures and language of international law
• Sources of international law and how they are applied
• Who the subjects of international legal rights and duties are
• When states may and may not exercise jurisdiction over people, things and events
• The position and relevance of international law in international politics and society
• Foundational concepts of public international law
• How public international law works in practice, its sources and the institutional structure of the United Nations (UN) system and significance of the UN charter
• The distinction between public international law at the international level and as it is applied in domestic courts
• Substantive areas of international law such as the law of war crimes, international economic law, human rights law and the use of force
• The history of international law and its contemporary relevance
• How international law is political and yet detached from politics
• The circumstances in which states may use force in international law.

Take-home examination (100%) Semester 1 (14–17 June) Semester 2 (4–7 October)

or

10,000 word research paper (100%) Semester 1 (17 June) Semester 2 (20 November) on a 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. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.