In order to pass this unit, external students must:

1. attempt both quizzes, as well as the problem solving assignment and the final examination, and

2. attain an aggregate mark of at least 50 out of 100 in the unit as a whole.

Quizzes

Students will sit two quizzes. Quiz 1 will be held during the on-campus session and will be closed book. It will consist of 10 questions (mostly in multiple choice format) and will cover Topics 1 to 6 (inclusive). Quiz 2 will be held online immediately prior to the final examination. It will also consist of 10 questions (mostly in multiple choice format) which may relate to any part of the unit. Students will have 30 minutes to complete this quiz.  

Problem Solving Exercise

Students will answer a hypothetical question relating to Topics 1 to 6 (inclusive). Students’ answers must not exceed 2,000 words (excluding footnotes). This limit will be strictly applied and work that exceeds that level will not be marked. 

Further information relating to the exercise will be provided at the time when the question is released.

• Date for release of question: 8 am, Saturday 12 September 2015
• Deadline for submission: 11 pm, Sunday 27 September 2015

Submissions must be made electronically via the iLearn site for this unit. Plagiarism detection software is used in this unit.

In the absence of a successful application for special consideration due to a disruption to study, submissions received after the published deadline will receive a mark of zero.

Final Examination

There will be a formal, sit-down, open-book examination lasting two hours. This will be held some time during the examination period, which begins 9 November 2015 and ends 27 November 2015.

Guidance on how to succeed in the final examination will be posted online at least one week prior to the exam. The final examination may relate to issues covered in any part of the unit.

Lectures

This unit consists of 12 topics, as set out on the iLearn website. Each topic is divided into sub-topics. Most sub-topics are accompanied by a short, recorded lecture. These will vary in length, with some as short as a few minutes. Lectures are available for download from iLearn (click on the ‘Echo 360’ logo on the right hand side of the screen). Lectures are intended to give you an overview of the topic, indicate its most important aspects and, hopefully, make the related readings more interesting and accessible.

Accompanying the lectures are lecture slides. These are available from iLearn in .pptx (Powerpoint) and .pdf format. The two are identical, so you need not download both versions. When listening to lectures, be sure to have the accompanying slides in front of you, since they will be referred to during lectures. Each slide has a number, which you will find in the bottom right hand corner. Note that the slides for all sub-topics are combined together in one file, which is downloadable from the top of each topic in iLearn.

Readings

The lectures should give you a broad overview of the subject, but it is vital that you then develop your understanding by completing the related readings. These are divided into ‘essential’, ‘recommended’ and ‘additional’.

Essential readings largely consist of extracts from the prescribed textbook: International Law by Jan Klabbers (Cambridge University Press, 1^st ed, 2013, ISBN: 978-0-521-14406-3.

Recommended readings largely consist of extracts from the recommended additional textbook: Principles of International Law by Stephen Hall (LexisNexis, 4^th ed, 2014, ISBN: 978-0-409-33450-0). It is recommended that you buy this book in addition to the prescribed textbook (Jan Klabbers), since I think it will greatly assist you in understanding the material.

Additional readings largely consist of extracts from other textbooks that are made available to you online in pdf format from the Macquarie library website. These are provided to you as an additional resource should you have the time and interest to look at them.  

In addition to all three of the above, you should appropriately consult the primary legal sources referred to in the lecture and readings (ie treaties, cases, etc). At times this may be essential in order to satisfactorily complete the assignments. You should try to develop sufficient research skills to locate and download these primary sources. Guidance will be given to you on iLearn.    

Tips on active reading

Many of us find it difficult to concentrate when we read. If you find that there is a tendency for your mind to wander then there are various techniques for making the task more engaging and enjoyable. For instance:

• Before reading a chapter or article, skim its contents, looking just at the headings and dipping into the contents here and there. On this initial skim the goal is simply to establish what the reading is about and how it is structured. Then ask yourself, say, ten basic questions about the subject that you would like answered. Here the formative quizzes should help, since these will raise questions to which you will need answers. But you should also make up your own questions: just follow your curiosity. Then read, looking primarily for answers to the questions you have set yourself. Once you have all ten answers, if you have time, set yourself ten more questions to answer. This time you might be getting into detail, but your questions will also be better informed and so more useful. Repeat this exercise until you feel you have exhausted the reading. If you still have unanswered questions, try to find answers by, if necessary, going beyond the set readings.  
• At least on an initial reading, do not be afraid to skim passages that do not seem important or interesting. If they turn out to be important then you can always go back to them.
• Imagine your job is to explain the reading to someone else. Better still, find someone to explain it to, such as a fellow student. How would you explain it? Think of the similes and hypothetical or real examples you might use. Think of the questions the other person might raise, and then find the answers to them. 
• Challenge yourself to summarise the reading within a certain number of words. Be strict with your self-imposed word limit (eg 50 words for every page of the reading). Once you have achieved your goal, halve the word limit and then repeat the exercise. Keep doing this until you don’t feel you can go further. This will also provide practice in concise writing, a skill some students lack.
• Design diagrams, mind maps, etc. Flow charts are particularly helpful when it comes to working out how to apply the law. They take a while to devise, but in the process you should come to thoroughly understand how the law works.
• We are most likely to find something boring if we do not see how it relates to ourselves personally. For that reason, think about ways in which the issues we cover affect you, or might affect you in the future. Imagine you have to give advice on these issues tomorrow: that should bring sufficient anxiety to sharpen your mind!

All of the above should also encourage you to look for the big picture, rather than getting hung up on too much detail. But most importantly, they should help you to read actively and purposefully, which is the key to enjoying academic study.

Formative Quizzes

Each sub-topic has related to it certain online activities identified as numbered quizzes: Quiz 1.1, Quiz 1.2, etc. These quizzes are designed to test and enhance your understanding of the material, and to ensure that you are well prepared for attendance at the relevant tutorial.

These quizzes are referred to as ‘formative’ quizzes since they are designed to develop as opposed to test your learning. For that reason no marks are given for completion of these quizzes. Even so, you are encouraged to attempt and complete as many of them as you can, since they should make your learning more effective and enjoyable. Students are encouraged to tick the boxes on the right-hand side of the iLearn site in order to record when they have completed each formative quiz.

You may attempt formative quizzes as many times as you like, although you are encouraged to think about them carefully rather than just guess.

Since there are no marks awarded for completion of these quizzes then I have no objection to students working collaboratively on completing them. The same does not apply to the in-class assessed quizzes, answering the written problem question or the final exam, where collaboration would constitute academic dishonestly.  

In order to facilitate collaboration on non-assessable activities, as well as general discussion about the issues we cover, a discussion forum has been provided. Students are welcome to post to that forum if they are experiencing particular difficulties.

On-campus session

The on-campus session (OCS) will be held on 20 and 21 September 2015. Each day will commence at 9 am and end at 4 pm, with appropriate breaks for lunch and refreshment. Please try not to be late arriving at any session. The OCS will cover the entire unit, although emphasis will be placed on Topics 1 to 6 (inclusive). A timetable for the OCS will be made available via iLearn closer to the time. Students will need to attend the OCS in order to attempt Quiz 1.

How to make the OCS interesting and useful

OCS only succeed if students actively participate. They are not meant to be simple rehashes of the lecture. In order to participate you need to adequately prepare for the OCS. This means listening to the lecture, completing the readings and online activities and thinking about the issues covered before you arrive.

Participation can take the form of answering tutor’s questions, but you are also free to pose your own questions, either to tutors or fellow students. You should also regularly contribute appropriately to discussions. This involves listening respectfully to what others say and responding courteously. We should all be trying to develop our own and each other’s learning, rather than scoring points off each other.

Most of all you should definitely refrain from indulging in activities unrelated to the session, such as surfing the web, checking text messages, whispering, working on assignments, etc.

NB: it is never a problem to:

• answer questions incorrectly or otherwise display a lack of understanding;
• indicate that you find something difficult to understand;
• disagree with your tutor’s views on any topic under discussion.

You will not fail the unit or lose marks if you make a mistake. OCS are meant to be non-threatening environments in which students can get things wrong and own up to any difficulties with the material being studied. An OCS is a place to learn, not just to demonstrate what you have previously learned. While tutors may need to correct mistakes, every effort will be made to avoid causing any degree of embarrassment. In short, tutors should be highly tolerant of failures to understand, highly intolerant of failures to try to understand.

General discussion forum

A general discussion forum will be set up on iLearn. Students are encouraged to contribute to these discussions, provided the general rules of etiquette are observed. The forum is intended for discussion relating to the issues we are studying. Please post questions relating to administrative matters to the forum called ‘Discussion Forum re Administrative Matters’.

General notes:

• This schedule is liable to change in light of unforeseen circumstances. You will be notified of any changes via iLearn.
• Lectures are delivered only via iLearn. Unless notified otherwise, there are no ‘live’ lectures in this unit.
• The prescribed textbook for this unit is:
  • Jan Klabbers, International Law (Cambridge University Press, 2013), ISBN: 978-0-521-14406-3
• The recommended additional textbook is:
  • Stephen Hall, Principles of International Law (Lexis Nexis, 4^th edn, 2014), ISBN: 978-0-409-33450-0.

Notes on accessing readings:

• ‘Klabbers’ refers to the prescribed textbook (see above).
• ‘Hall’ refers to the recommended additional textbook (see above).
• Other readings are available from Macquarie University library as a unit reading. You can find them using MultiSearch: http://libguides.mq.edu.au/MultiSearch. 

Topic 1:  The Setting of International Law

A primary purpose of international law is to govern relationships between sovereign states. We begin by examining the scope and history of this fascinating subject. We ask whether international relations are really under the rule of law, or is it more a matter of might equalling right?

• Readings:
  • Essential:
    • Klabbers, chapter 1, (pp 3 – 20);
  • Recommended:
    • Hall, pages 1 – 13, 19 – 26;
  • Additional:
    • Malcolm N Shaw, International Law (Cambridge Uni Press, 7^th ed, 2014), chapters 1 & 2 (pp 1 – 48);
    • Gillian D Triggs, International Law: Contemporary Principles and Practices (LexisNexis, 2^nd ed, 2011), chapter 1 (pp 1 – 19);
    • Martin Dixon, Robert McCorquodale & Sarah Williams, Cases & Materials on International Law (Oxford Uni Press, 5^th ed, 2011), chapter 1 (pp 1 – 17)

Topic 2:  The Making of International Law

All systems of law require a degree of certainty as to what rules govern any particular act or event. This topic considers how those rules are created and where they can be found. It also looks at some basic principles of international law which, though traceable to classical times, are very much alive today.

• Readings:
  • Essential:        
    • Klabbers, chapter 2, (pp 21 – 40);
  • Recommended:
    • Hall, pages 26 – 70;
  • Additional:
    • James Crawford, Brownlie’s Principles of Public International Law (Oxford Uni Press, 8^th ed, 2012), chapter 2 (pp 20 – 47)

Topic 3:  The Law of Treaties

Treaties form much of the substance of international law. But what are treaties, how are they formed and how do they come to an end? This topic also considers the rules of treaty interpretation, as well as reservations: mechanisms whereby states seek to modify or avoid certain effects of treaties.

• Readings:
  • Essential:        
    • Klabbers, chapter 3, (pp 41 – 66);
  • Recommended:
    • Hall, pages 75 – 135;
  • Additional:
    • Martin Dixon, Robert McCorquodale & Sarah Williams, Cases & Materials on International Law (Oxford Uni Press, 5^th ed, 2011), chapter 3 (pp 55 – 100)

Topic 4:  The Subjects of International Law

International law is essentially about states. Some states are universally recognised as such, while the existence of others is far more contentious. This topic looks at how states are formed: is ‘Islamic State’ actually a state? It also examines how they disappear, such as Yugoslavia. We also consider how states gain and lose territory (eg Crimea), and conclude by looking at the growing importance of international organisations like the United Nations and the European Union.   

• Readings:
  • Essential:
    • Klabbers, chapter 4, (pp 67 – 90);
  • Recommended:
    • Hall, pages 207 – 222, 235 – 237, 13 – 19;
  • Additional:
    • Martin Dixon, Textbook on International Law (Oxford Uni Press, 7^th ed, 2013), chapter 5 (pp 115 – 147)

Topic 5:  The Limits of State Power

States enjoy sovereignty under international law, but that does not mean that they can do as they please. Jurisdiction refers to the scope of a state’s lawful authority, and this topic also explains concepts such as sovereign, diplomatic and consular immunity. But even within a state’s own territory, human rights obligations increasingly restrict what it can do to its own people. This topic explores individual and collective human rights, as well as the concept of nationality and the plight of refugees.

• Readings:
  • Essential:        
    • Klabbers, chapters 5 and 6, (pp 91 – 123);
  • Recommended:
    • Hall, pages 317 – 347, 222 – 235, 238 – 241, 575 – 637;
  • Additional:
    • Gillian D Triggs, International Law: Contemporary Principles and Practices (LexisNexis, 2^nd ed, 2011), chapter 8 (pp 427 – 503)

Topic 6:  The Law of Responsibility

To what extent can a state be blamed for the wrongdoings of its agents or officials? Are states responsible for the acts of their citizens or corporations? If foreign property is damaged in a riot or an insurrection, can the state be required to make restitution? This topic answers these and other questions relating to state responsibility in international law.

• Readings:
  • Essential:        
    • Klabbers, chapter 7, (pp 124 – 139);
  • Recommended:
    • Hall, pages 249 – 279;
  • Additional:
    • James Crawford, Brownlie’s Principles of Public International Law (Oxford Uni Press, 8^th ed, 2012), chapter 28 (pp 607 – 633)

Topic 7:  International Courts and Tribunals

Ultimately, states can settle their differences by going to war. Since 1945, however, concerted efforts have been made to find peaceful means of dispute resolution. This topic looks as institutions such as the International Court of Justice, as well as mechanisms designed to encourage negotiation and compromise.

• Readings:
  • Essential:        
    • Klabbers, chapter 8, (pp 140 – 164);
  • Recommended:
    • Hall, pages 381 – 412;
  • Additional:
    • Ademola Abass, International Law: Text, Cases, and Materials (Oxford Uni Press, 2^nd ed, 2014), chapter 14 (pp 489 – 522)

Topic 8:  Enforcing International Law

While enforcement is not the international legal system’s strongest point, sanctions do exist. This topic explores how international law is enforced mainly through self-help remedies, including on occasion the ultimate sanction: military force. Thus we come to the right of self defence, as well as collective security, exploring the extent to which these can be used against non-state actors such as terrorists.

• Readings:
  • Essential:        
    • Klabbers, chapters 9 and 10, (pp 165 – 202);
  • Recommended:
    • Hall, pages 419 – 461;
  • Additional:
    • Ademola Abass, International Law: Text, Cases, and Materials (Oxford Uni Press, 2^nd ed, 2014), chapter 10 (pp 333 – 370)
    • Yoram Dinstein, War, Aggression and Self-Defence (Cambridge Uni Press, 5^th ed, 2011), chapter 4 (pp 85 – 123)

Topic 9:  The Conduct of War

Many of the oldest rules of international law govern how to wage war, including the treatment of civilians and prisoners, what constitute legitimate targets and what weapons may be lawfully deployed. Relatively new on the scene is international criminal law, which seeks to shift responsibility for atrocities conducted during armed conflicts, as well as in peacetime, from the state to individual military leaders, politicians and heads of state.

• Readings:
  • Essential:         
    • Klabbers, chapters 11 and 12, (pp 203 – 233);
  • Recommended:
    • Hall, pages 467 – 568 (available via Macquarie library (Multisearch))

Topic 10:  The Global Commons

Over two thirds of the Earth’s surface is covered by water. The Law of the Sea governs shipping on the high seas and territorial waters, as well as exploitation of marine resources. Meanwhile, the twentieth century took our species into space and treaties now control the use not only of outer space but even the Moon. Humanity also shares other resources, including the atmosphere that shapes our climate. This topic explores how international law is being used to tackle the many environmental challenges facing life on this planet.

• Readings:
  • Essential:        
    • Klabbers, chapters 13 and 14, (pp 234 – 265);
  • Recommended:
    • Hall, pages 647 – 704

Topic 11:  The World Economy

Our daily use of products from overseas is testament to the extent of international trade. Less obvious is that this extends not only to goods and resources but also services and capital. Free trade agreements are now commonplace, but of equal importance are global organisations such as the World Trade Organisation. This topic asks whether this ‘new world order’ of international capital operates to the detriment of developing countries.

• Readings:
  • Essential:         
    • Klabbers, chapter 15, (pp 266 – 284)

Topic 12:  The Surroundings of International Law

While it can be helpful to understand international law as separate from domestic law, the two are indisputably intertwined, each shaping the other. This topic explores different ways in which the two can interact, focussing in particular on Europe, where the division between national and international law is becoming increasingly indistinct. We then conclude the unit with some general observations on international politics, values and ethics.

• Readings:
  • Essential:         
    • Klabbers, chapters 16 – 18, (pp 287 – 318);
  • Recommended:
    • Hall, pages 145 – 203