Unit convenor and teaching staff |
Unit convenor and teaching staff
Co-convenor
Natalie Klein
Contact via natalie.klein@mq.edu.au
W3A526
Thursdays, 9-10am during teaching weeks or by appointment
Co-convenor
Chris Mitchell
Contact via christopher.mitchell@mq.edu.au
Consultation by appointment
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
39cp or (6cp in LAW or LAWS units at 300 level)
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Corequisites |
Corequisites
LAWS259 or LAW409 or LAW459 or LAW509
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Co-badged status |
Co-badged status
This unit is co-taught with LAW888.
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Unit description |
Unit description
The intense interaction between different actors in the international system inevitably leads to opposing views on issues and conflict. This unit considers traditional, non-adversarial dispute settlement in the international system, and then focuses on how various international courts and tribunals resolve disputes. An ongoing question is the effectiveness of these procedures, and the parties' compliance with the decisions of the different bodies.
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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:
Name | Weighting | Due |
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Class Participation | 10% | Ongoing |
Short Answer Questions | 40% | 5pm, Tuesday, September 29 |
Research Assignment | 50% | 5pm, Monday, November 16 |
Due: Ongoing
Weighting: 10%
(a) Substantive requirements in relation to class participation
Students will be assessed on the basis of their knowledge, understanding and ability critically to evaluate the issues raised in each topic, as demonstrated through participation in class discussions and responses to assigned questions in the tutorials or oncampus session. Students will be expected to lead discussion on set tutorial questions. Students should generally be prepared to talk about the assigned readings, provide their own assessment of those readings and lecture content, and contribute to the discussion of questions and problems set in relation to assigned readings and lectures. Students are also encouraged to participate in discussions that extend beyond these set questions and readings through their own evaluation of the issues raised. Further details on the assignment of tutorial questions to students and the class participation rubric will be posted on iLearn.
(b) Formal requirements in relation to class participation
Students are required to attend tutorials for each of the 12 weeks that the unit runs during the semester OR both days of the oncampus session in their entirety. Internal students will be permitted a maximum of two unexplained absences from attendance at seminars. Students with more than two unexplained absences will get a zero mark for class participation, and, irrespective of marks gained in other assessment items, will be awarded a ‘Fail’ grade.
If a student is unable to attend any tutorial, he or she should, within a reasonable time, provide a written explanation of the reason(s) for the absence together with any appropriate corroborating evidence, e.g. medical certificate. If you send this explanation via email, you should not expect that it is received unless a reply email confirming receipt is sent to you. If:
(a) the reason(s) for the absence are, in the opinion of a Co-Convener, not justifiable reasons for not attending the relevant seminar(s); or
(b) no written explanation is provided to either Co-Convener within a reasonable time,
the absence will be deemed to be an unauthorised absence for the purpose of the attendance requirement set out above.
Due: 5pm, Tuesday, September 29
Weighting: 40%
You will be asked to respond in writing to FIVE questions, which will be posted on iLearn. Each written response will be limited to a maximum of 500 words and will be worth 8% of your final mark for the course (5 x 8% = 40%). The word limit does not include your footnotes, which should only contain your references and not substantive commentary. A bibliography is not required. The questions will be a mix of problem questions, reflective questions and essay-style questions. Substantive criteria for the Assignment will be provided on iLearn.
Due: 5pm, Monday, November 16
Weighting: 50%
This written assignment is designed to enhance students’ ability to write legal advice; that is, to examine a legal problem and provide information, explanation and critical analysis in a clear, concise and relevant manner. The problem question will involve assessing a hypothetical scenario and identifying the factual and legal issues raised by the scenario, undertaking research and providing your evaluation and recommendations as to the course of action to follow. The response is to be limited to 3,000 words maximum, not including footnotes. Substantive commentary is not to be included in footnotes. A bibliography is not required. Substantive criteria for the Assignment will be provided on iLearn.
Technology Used
While iLecture recordings will be made, students are expected to attend the lecture as well as tutorial.
An iLearn page will be available for this unit and include information vital for the successful completion of this unit. Internet access is therefore required to undertake this unit. Topical items will be posted on iLearn for discussion and engagement with the unit content.
Delivery
The classes in this unit are being taught by Natalie Klein, Chris Mitchell and John Reid. The Unit Schedule indicates which teacher will be taking each topic. The teacher for each week will be responsible for the lectures and tutorials. The unit is being co-convened by Natalie Klein and Chris Mitchell.
For internal students, this unit will be taught with a two-hour lecture and one hour tutorial. Depending on student numbers, the lecture may be conducted in seminar format. The location and time of classes available for internal students are provided in the University's Timetable.
External students must attend an oncampus session on 25-26 September as per attendance requirements for the class participation assessment task. Students must sign up at the Centre for Open Education for each day of the oncampus session.
All students will be expected to participate in online discussions via iLearn.
Required Text
There is no prescribed text for this unit, but readings will be placed on eReserve and the reading list will be posted on iLearn.
Recommended Texts
The following texts are highly recommended:
These texts have all been placed on Reserve at the Library.
Recommended Journals and Primary Materials:
Searching for international law articles is most easily facilitated through Lexis-Nexis (International Law Reviews, Combined library), and also through Hein Online. Both databases are available through the Library website. The following journals may be particularly useful:
1. American Journal of International Law
2. Australian Yearbook of International Law
3. British Yearbook of International Law
4. European Journal of International Law
5. Yale Journal of International Law
6. Harvard Journal of International Law
7. Michigan Journal of International Law
8. Virginia Journal of International Law
9. NYU Journal of International Law and Politics
10. International & Comparative Law Quarterly
11. Melbourne University International Law Journal
This list is by no means exclusive. You may also wish to search on the Ebscohost database for political articles and news reports. Research from scholarly books and journals should be preferred over random searches of the internet.
The American Society of International Law has set up an Electronic Information System for International Law, www.eisil.org, which provides access to a range of primary documents and further websites on different international law topics. For information on international courts and tribunals, the Project on International Courts and Tribunals, which is run out of NYU Law School, may be of use, and can be found at: www.pict_pcti.org
The different international courts and tribunals tend to have their own websites, which include basic information about their functions and often links to judgments and other decisions. The International Legal Materials (ILM) also compiles international cases, as well as international treaties and other decisions. It can be searched in the Hein Online database.
The proposed schedule is set out below, but may be subject to change. The relevant teacher for each week is indicated by the initials as follows: NK - Natalie Klein; CM - Chris Mitchell; JR - John Reid.
Week | Date | Lecture | Tutorial |
1 | 30 July | NK: Introduction/History/Proliferation | No tutorial |
2 | 7 August | CM: Non-Adversarial Processes | NK: Introduction/History/Proliferation |
3 | 13 August | CM: Individuals in International Dispute Settlement | CM: Non-Adversarial Processes |
4 | 20 August | CM: Judges, Advocates and Participants | CM: Individuals in International Dispute Settlement |
5 | 27 August | NK: Jurisdiction and Admissibility | CM: Judges, Advocates and Participants |
6 | 3 September | NK: Intervention and Third Parties | NK: Jurisdiction and Admissibility |
7 | 10 September | NK: Provisional Measures | NK: Intervention and Third Parties |
Mid semester break: 14-27 September
On campus session: 25-26 September |
8 | 1 October | JR: Contentious Proceedings | NK: Provisional Measures |
9 | 8 October | CM: Interaction with National Courts | NK: Contentious Proceedings |
10 | 15 October | CM: Advisory Opinions and Other Judicial Functions | CM: Interaction with National Courts |
11 | 22 October | CM: Remedies and Reparations | CM: Advisory Opinions and Other Judicial Functions |
12 | 29 October | CM: Enforcement and Compliance | CM: Remedies and Reparations |
13 | 5 November | No lecture | CM: Enforcement and Compliance |
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.
When a student suffers a disruption to study which is ‘serious and unavoidable’ they may apply for special consideration. In order to do so the student must meet the criteria under the Macquarie University "Disruption to Studies" policy and be approved by the Unit Convenor. Applications are made online at ask.mq.edu.au. Outcomes for recognized serious and unavoidable disruptions to studies are as set out in the University schedule to the policy - http://www.mq.edu.au/policy/docs/disruption_studies/schedule_outcomes.html
When a disruption to study is not serious or unavoidable, no further special consideration is available, unless preparation for a written assessment task is affected in which case a short extension of no more than one week may be granted at the discretion of the co-convenor, Chris Mitchell.
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.
Students in this unit are expected to have access to internet sources to engage with learning and teaching in the unit and to prepare their assessment tasks.
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
In last year's iteration of this unit, the tutorials were held on the same day as the lecture but following student feedback we have now staggered the offering of lectures and tutorials so the tutorial on a topic is a week after the lecture on that topic.
We have also changed the assessment of class participation to encourage greater engagement with all learning materials.