730-307 International Law

Credit Points

Coordinator

Prerequisites

Torts and the Process of Law; History and Philosophy of Law.

Semester

Contact

Subject Description

Nature and function of international law. The question whether international law is law with reference to its function in inter-state relations. The sources and evidence of international law. The law-making role of the United Nations and the application of international law to new States. 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. The position of international law in Australian Law. International personality and recognition. Recognition by established States of new States and governments. State territory. Modes of acquiring territory with particular reference to current disputes over territory. States jurisdictional competence. State immunity. State responsibility. Peaceful resolution of international disputes between States. Regulation of the use of force. Legal problems raised by self-defence, economic aggression and guerilla warfare. The law of treaties.

Assessment

Either Research Essay 6000 words (60%) and Final Exam 2 hours (40%) or two Assignments 2000 words (2 x 20%) and Final Exam 3 hours (60%).

Prescribed Texts

• Harris D J, Cases and Materials on International Law. 4th ed 1991 Sweet & Maxwell.
• Dixon and McCorquodale, Cases and Materials on International Law. 2nd ed, Blackstone, 1996.