International Human Rights Law

This subject has the following teaching availabilities in 2013:

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/

Since the Universal Declaration of Human Rights was adopted in 1948, there has been a continual expansion in the number of instruments and mechanisms adopted by States to protect international human rights. This subject is designed to examine and critically assess the fundamental features of this international system. It will be of interest to all students who want to develop a detailed understanding of how the international human rights law system operates, including those with limited or no background in the area. The two lecturers have significant experience across a diverse range of topics and issues within international human rights law, which they draw upon to create an engaging and thoughtprovoking subject.

Principal topics will include:

• Human rights and the challenges posed by State sovereignty and national security
• The contested universality of human rights
• The international institutional framework for the protection of human rights, with a special focus on the Human Rights Council and treaty monitoring system
• The interpretation and application of selected rights from the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)
• Domestic measures for the implementation of human rights, such as judicial implementation of economic, social and cultural rights
• Non-government organisations (NGOs) and their role in the protection of human rights
• The contribution of truth and reconciliation commissions to the protection of human rights
• Current issues, such as refugees and discrimination on the grounds of race and sex
• Human rights and the challenges posed by economic globalisation and climate change.

A student who has successfully completed this subject should:

• Have a sound understanding of the history and philosophy of international human rights
• Be able to understand and assess claims as to the contested universality of international human rights
• Have a detailed knowledge of the international legal and institutional frameworks for the protection of human rights
• Be able to assess the effectiveness of different mechanisms for implementing or enforcing human rights, such as judicial implementation, international criminal courts, and truth and reconciliation commissions
• Understand the central role played by nongovernment organisations (NGOs) in the international system
• Develop the capacity to examine current issues by reference to international human rights standards
• Be able to understand the challenges posed to the implementation of international human rights in the context of globalisation.

Take-home examination (100%) (19–22 April)
or
10,000 word research paper (100%) (5 June) 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.