Institutions in International Law

This subject has the following teaching availabilities in 2015:

Seminars: Six to eight in Melbourne during early Semester 1 and the rest taught intensively in Geneva, Switzerland, during the Winter Recess (June-July). Please refer to the Law School subject page for specific dates.

144 hours.

Permission from the subject coordinator.

Studies in public international law are an advantage.

Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student's participation in the School’s programs.

The inherent academic requirements for the study at Melbourne Law School are:

1. The ability to attend classes and actively engage in the analysis of complex materials and debate;
2. The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
3. The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
4. The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
5. The ability to work independently and as a part of a group;
6. The ability to present orally and in writing legal analysis to a professional standard.

Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.

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

This subject examines the place of international institutions within the international legal order, considering their structure, normative underpinnings, and activities. It focuses on inter-governmental organisations but also considers non-governmental organisations and the role of civil society and national governments in both types of institutions. It considers how international institutions reflect conflicting notions of fragmentation and unity in international law. Principal topics to be covered include:

• The complex role of international institutions in the development of international law and global governance;
• Introduction to specialised international institutions in Geneva and elsewhere including their history, trends in their mission, influence and importance, recent developments, and reform proposals;
• The theory surrounding fragmentation of international law, including the proliferation of institutions and dispute settlement tribunals and the proliferation of substantive laws;
• Inter-organisational cooperation, coordination and conflict in areas such as trade, human rights, the laws of war and development;
• Participation and representation in international institutions by governments, business, civil society and secretariat staff.

The class will have the opportunity to hear from and interact with expert interlocutors on-site at a diverse range of governmental, intergovernmental, non-governmental and private commercial organisations.

A candidate who has completed this subject will:

• Have an advanced understanding of the relationship between international institutions and international law;
• Be able to clearly explain, reflect on and critique the theory of fragmentation in international law and its relevance to international institutions;
• Have expert knowledge of a range of international institutions and the complex legal issues they face;
• Have an integrated understanding of the role of different actors within international institutions and how various institutions relate to each other;
• Have advanced knowledge of key contextual factors influencing international institutions from the perspective of law, policy, politics, diplomacy and management.

1. 100% class attendance (hurdle requirement).
2. Short written report on assigned topic (20%): students may be required to work on this assignment individually or in small groups. Topics assigned will be diverse, and may address such matters as themes arising in the course, organisations visited or studied, and/or relevant aspects of law. Each student’s report (or share of a group report) will be approximately 500 – 1,000 words in length.
3. Class participation (10%), including:
   
   - Professional comportment throughout the course;
   - Active participation in seminars in Melbourne and Geneva;
   - Leading discussions and questions on particular topics;
   - Researching, introducing and thanking individual guest speakers;
   - Assisting with logistical and administrative matters.
   
   
4. 6,000 word research paper, due September/October (70%).

Specialist printed materials will be made available from Melbourne Law School.

This subject is not available as a breadth subject.

Students who successfully complete this subject will have developed the following skills:

• Advanced written communication skills: essay-writing, writing short reports and announcements, writing professional emails to institutions and guest speakers, writing an extended piece of legal research;
• Advanced oral communication skills: discussions, debates, question and answer sessions, introducing and thanking guest speakers;
• Cognitive skills: critical thinking, problem-solving analytical skills;
• Professionalism: engaging in a thoughtful and professional manner with individuals and organisations in a range of international contexts;
• Specialised capacities in information seeking and evaluation;
• Writing and working in small groups;
• Working with and in different institutional and national cultures;
• Complex and specialised legal research.

A maximum of 25 students may enrol in this subject. Details on quota subject selection are available on the JD website.

Students will be selected through a competitive application process. Further details regarding the subject, how to apply for a place in the subject, and related financial issues will be available late in the academic year preceding proposed enrolment.

Students will need to cover the cost of their flights to Geneva and meals and accommodation within Geneva.