Handbook 1996 : Faculty of Law (Volume 3 page 219)
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Optional Law subject.
Prerequisite: Torts and the Process of Law; History and Philosophy of Law.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
Students completing this subject should: acquire an understanding of the structure, institutions, principles and vocabulary of international law; develop the ability to assess the international legal implications of current events and Australian foreign policy; gain a wider perspective on the role of law generally by examining a legal system where the distinction between law and politics is constantly challenged; understand the distinct nature and functions of the international legal system in contrast to domestic law, (and the relationship between the international and national legal systems); identify the sources of international law and understand the debates between the developed and developing worlds about their validity; be able to discuss the history and modern operation of the major institutions of international law and their contribution to dispute resolution; be able to explain the concept and implications of statehood in international law, particularly the notions of international personality, recognition, acquisition of territory, state jurisdiction, immunity and responsibility; and be able to identify and apply the international law relating to the use of force.
Content:
International Law is traditionally conceived as dependent upon the consent of sovereign and equal States. Thus while international law provides a system of rules governing the conduct of inter-state relations, a dispute cannot always be settled through these rules. As international law does not exist in isolation from political and economic factors, students are encouraged to keep themselves informed of current affairs as they relate to international legal problems. Nature and function of international law - the consensual nature of international law as distinct from municipal legal systems which are dependent upon sanctions. The question whether international law is law with reference to its function in inter-state relations. The sources and evidence of international law - How the relevant rules of international law may be identified in order to resolve a legal dispute between States. The law-making role of the United Nations and the application of international law to the new States of Africa and Asia. International institutions - History and function of the League of Nations, the United Nations and the International Court of Justice. Relationship between international law and municipal law - How international law and municipal law interact in both international and municipal fora. The position of international law in Australian law. International personality and recognition - What constitutes Statehood? The positions of individuals and non-selfgoverning territories. Recognition by established States of new States and governments.State territory - The territory of a State as the foundation of its factual existence and a basis for the exercise of its legal powers. Modes of acquiring territory with particular reference to current disputes over territory. State's jurisdictional competence - State legislative and prescriptive jurisdiction over persons, property and acts within its territory, and the extension of its law over nationals and activities outside that territory, with particular emphasis on war crimes trials. State immunity - The doctrine of sovereign immunity under which a State and its representatives will be immune from the jurisdiction of foreign courts, including diplomatic immunities. State responsibility - tortious and contractual liability of a State, including the responsibility of States for wrongs done to aliens, with emphasis on the nationalisation of foreign-owned property. Peaceful resolution of international disputes between States - Remedies available for resolution of international claims and disputes. Procedures include diplomatic negotiation, arbitration, adjudication through the international Court of Justice. Regulation of the use of force - International law relating to use of force and the United Nations mechanisms to maintain and restore international peace and security. Legal problems raised by self-defence, economic aggression and guerilla warfare. The law of treaties - Legal and political function of treaties in the international legal order, including rules of treaty interpretation and their binding effect upon newly independent States.
Assessment:
Either Research Essay 6,000 words (60 per cent) and Final Exam 2 hours (40 per cent) or 2 Assignments 2,000 words (2 x 20 per cent) and Final Exam 3 hours (60 per cent).
Prescribed texts:
Law subject : Next:730-375 | Prev:730-379 | Search | Help
Handbook 1996 : Faculty of Law (Volume 3 page 219)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.