Unit convenor and teaching staff |
Unit convenor and teaching staff
Professor
Rafiqul Islam
Contact via rafiqul.islam@mq.edu.au
W3A 444
Tuesday 1-2 pm or by appointment
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to JD or MIntEnvLaw or PGDipIntEnvLaw or PGCertIntEnvLaw or MIntTrdeComLaw or PGDipIntTrdeComLaw or PGCertIntTrdeComLaw or MIntRelMIntTrdeComLaw or MIntLawGovPubPol or LLM or MIntPubDip or GradDipIntRel or 42cp in LAW units at 400 or 500 level
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
International Law affords an understanding of legal principles, rules, norms, and practices. The unit analyses the contribution of these elements to the progressive development of international law. The theory is applied to contemporary international events and crises to test and evaluate its operational adequacy and effectiveness in keeping pace with the changing nature and shared expectation of the international community. The unit examines the ongoing transformation of the structure of international law in terms of its expanding frontiers, new actors, and reorientation to appreciate its continuing dynamism and relevance in the twenty-first century.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Assessment Tasks:
All three modes of assignment are compulsory and substantive academic requirements for all students to pass the Unit. A failure to take part in and/or submit any of the three modes of the assessment will, irrespective of marks obtained in partial assessment/s, result in a ‘Fail” grade, even in cases where special consideration for study disruption is determined as NOT “serious and unavoidable”. Where special consideration for study disruption is determined as “serious and unavoidable”, a time extension of up to 7 days maximum may be granted. In cases of non-compliance with the time extension and/or ongoing impact on performance, an alternative end of the semester test (2 hours/closed book) will be granted and arranged for each written assignment. Failure to comply with the time extension and/or alternative test will result in a “Fail” grade. These rules are applicable separately and independently for both written assignments (see special consideration below).
For more information and marking rubrics see unit guide on iLearn.
Extension through Special Consideration
Students are required to take all assessment modes very seriously from the start of the semester. Both major assignments are given in this unit guide. Students are strictly advised to plan and embark on both assignments right from the beginning of the semester to guard against any unexpected rainy days. As such, there is no scope for any extension of the due dates at the eleventh hour. No student is expected to avoid any modes of assignment and/or seek any extension of time to submit his/her assignment by the due dates, except in extraordinary circumstances of study disruption and severe medical conditions. Extensions due to work commitments, family and personal matters, competing study demands, last minute emergencies, or poor organisation will not be granted, as you should plan your study schedule to allow for other activities and emergencies of normal life.
In cases of extensions sought on disruption and/or disability grounds, students must read the new university policy and rules relating to study disruption (2014) and register their conditions in advance with the Campus Health and Wellbeing Unit and the application for extension must come to the Convenor through the this Unit. In seeking such extensions, students must include: (a) the extent of disruption to enable the Convenor to determine the extent of relief appropriate in a given case, (b) a specific indication of relief or waiver sought, that is special consideration in relation to compulsory tutorial attendance, or time extension for assignment submission, or marking etc; (c) a duly completed Professional Authority Form; and (c) a medical certificate/s signed by a medical practitioner/s. No other modes of special consideration application will be entertained. Students must also follow other rules and policy of study disruption application stated below.
Study disruption due to medical and/or disability provides only a ground to seek special consideration, the granting of which is not automatic but contingent upon other factors and considerations, particularly academic. Every student must learn and acquire the necessary stated ‘learning outcomes’ and ‘graduate capabilities’ of the unit, which is the substantive requirement of completing the unit successfully. Special consideration on any ground does not override this substantive academic requirement. As a result, a successful special consideration applicant will be required to participate in a sit-in closed book test of 2 hours duration on the unit contents covered in the semester to be held at the end of the semester and the date to be announced on iLearn. This condition applies to both written assignments separately and independently.
Extensions longer than seven (7) days from the due date will not be granted under any circumstances. Failure to comply with the time extension will result in the “Fail” grade.
Special Consideration Policy
http://www.mq.edu.au/policy/docs/special_consideration/policy.html
Applying for Special Consideration:
Read the University new policy and rules on special consideration for study disruption (2014).
Students applying for Special Consideration circumstances of three (3) consecutive days duration, within a study period, and/or prevent completion of a formal examination must submit an on-line application with the Faculty of Arts. For an application to be valid, it must include a completed Application for Special Consideration form and all supporting documentation.
The on-line Special Consideration application is found at:
http://www.arts.mq.edu.au/current_students/undergraduate/admin_central/special_consideration.
Name | Weighting | Due |
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Class participation | 10% | Every tutorial |
Legal Opinion | 40% | 02 April 2015 by 5 pm |
Research assignment | 50% | 01 June 2015 by 5pm |
Due: Every tutorial
Weighting: 10%
Students must read, understand in advance (at least prior to their seminars/tutorials) various issues scheduled for discussions (see Unit Guide for week-by-week topics), and be prepared to actively participate in class discussions (for marking rubrics, see unit guide).
Due: 02 April 2015 by 5 pm
Weighting: 40%
Legal opinion is a take-home assignment on the applied aspects of international law. It is intended to provide students with an opportunity to acquire independent skill in applying relevant rules and principles of international law to a new, real, or hypothetical factual situation of modern international relations. The opinion would be thought-provoking, warranting an innovative and interdisciplinary approach. The assignment MUST be submitted through Turnitin (Law School policy).
Due: 01 June 2015 by 5pm
Weighting: 50%
The research paper is meant to give students an opportunity to write on a topic of their own choice (within the limits given), to go deeper into it and to present it in a logically coherent manner. It is intended to develop independent legal research capacity, analytical ability, and legal writing skill. This method of assignment enables the students to be free and innovative thinkers, adopt a policy-oriented approach, and the ventilators of new ideas, thereby contributing to the progressive development of modern international law. The assignment MUST be submitted through Turnitin (Law School policy).
Delivery:
1 Lecture (2-hour) and 1 Tutorial (1-hour) per week.
Resources:
Required text/s and cases and materials book are the CORE readings and prescribed with the intention that every student MUST consult them, preferably by acquiring their own personal copy. Students may need to consult more than one text for the better understanding of some issues. For advanced knowledge and better performance in the assignments, some select scholarly articles have also been prescribed in lecture/tutorial sessions. The prescribed textbook is also available in the Reserve section of the Macquarie Library. There is no prepared materials book for this unit. Should you encounter difficulty in accessing these sources, contact your tutors and/or the Convenor.
Required Compulsory Textbook
M Rafiqul Islam, International Law: Current Concepts and Future Directions, LexisNexis Australia, 2014.
Cases and Materials Book (in their priority and may collect one of them)
1. Dixon, M, McCorquodale, R, and Williams, S, Cases and Materials on International Law, Oxford University Press, 4th ed. 2011.
2. Rothwell, D R, Kaye, S, Akhtarkhavari, A, and Davis, R, International Law: Cases and Materials with Australian Perspectives, Port Melbourne: Cambridge University Press, 2014.
Technology used and required
Online units can be accessed at: http://ilearn.mq.edu.au
The web page for this unit is available through WebCT (the Online Teaching Facility) at: http://online.mq.edu.au/SCRIPT/LAW891/scripts/serve_home
iLectures are available for downloading over the internet/ilearn.
Information relating to the unit and assignments will be posted on the website. Please ensure that you check this site regularly for any important information relating to the unit.
Teaching Weeks |
Lecture Topics |
Seminar/Tutorial Topics |
Week 1 |
International legal system: normative status, actors, institutions, and processes |
No seminar/tutorial |
Week 2 |
Statehood, sovereignty, and responsibility in a globalised world |
International Legal System: normative status, actors, institutions, and processes |
Week 3 |
Use of force and self-defence in a nuclear age |
Statehood, sovereignty, and responsibility in a globalised world |
Week 4 |
International treaty-making and grounds of termination |
Use of force and self-defence in a nuclear age |
Week 5 |
Sovereign and diplomatic immunities in an age of human rights and technology |
International treaty-making and grounds of termination |
Week 6 |
Law of the sea and North-South conflict of economic interests |
Sovereign and diplomatic immunities in an age of human rights and technology |
Week 7-8 |
Mid-semester break: 3-17 April: NO Lecture |
Mid-semester break: 3-17 April: NO Seminar/tutorial |
Week 9 |
International Court of Justice: Its law-making competence |
Law of the sea and North-South conflict of economic interests |
Week 10 |
International Criminal Court and complementarity with national criminal jurisdictions |
International Court of Justice: Its law-making competence |
Week 11 |
International human rights law and responsibility to protect |
International Criminal Court and complementarity with national criminal jurisdictions |
Week 12 |
International environmental law: status and climate refugees |
International human rights law and responsibility to protect |
Week 13 |
International economic law and global poverty |
International environmental law: status and climate refugees |
Week 14 |
International law of terrorism and counter-terrorism: global security |
International economic law and poverty |
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
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