Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Dr Roy Baker
Contact via By email
W3A 509
2 - 3 pm, Wednesdays
Tutor
Dr Mostafa Naser
Contact via By email
W3A 626
To be determined
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
18cp including (LEX101 or LAW115)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit provides an understanding of various international legal principles, rules, and practices, as well as their role in shaping and reshaping the contemporary international system. The goal of this unit is to equip students with an understanding of the foundational principles guiding the operation of international law. Students develop an appreciation of the relevance and effectiveness of International Law in a range of issue areas. These inclusively include: sources of International Law, its interaction with domestic law, personality, statehood, recognition, use of force, law of treaties, diplomatic immunities, law of the sea, human rights, terrorism, and international justice system.
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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:
In order to pass this unit, internal students must:
1. attempt all ten in-class tutorial quizzes, as well as the problem solving assignment and the sit-in examination, and
2. attain an aggregate mark of at least 50 out of 100 in the unit as a whole.
Thirteen tutorials will be held during the session (ie one in each week). In ten of those tutorials a short quiz will be conducted. There will be no quiz in Week 1 (week commencing 27 July 2015) or Week 9 (week commencing 5 October 2015).
Each quiz will consist of two questions and will focus mainly on that week’s topic.
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.
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.
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.
Name | Weighting | Due |
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Tutorial short quizzes | 20% | Various (see below) |
Problem solving exercise | 30% | 11 pm, 27 September 2015 |
Sit-down examination | 50% | 9 - 27 Nov 2015 exam period |
Due: Various (see below)
Weighting: 20%
Students complete 10 weekly quizzes in the classroom, each consisting of two questions
Due: 11 pm, 27 September 2015
Weighting: 30%
Answer to a hypothetical question relating to Topics 1 – 6
Due: 9 - 27 Nov 2015 exam period
Weighting: 50%
Two-hour open book exam which students complete at Macquarie University
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.
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, 1st 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, 4th 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.
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:
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.
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.
There will be 13 tutorials in all. Tutorials begin in Week 1, although there will be no set reading for that week. Even so, students are strongly encouraged to attend that first tutorial since it will cover important introductory material. Students will need to attend tutorials in order to attempt the weekly in-class tests.
Whenever possible students should attend the tutorial group for which they are registered. However, when students are unable to attend their regular class then they may attend at an alternative time without seeking prior approval provided they do not do so twice in a row. If they need to attend at an alternative time two or more weeks in a row then they should endeavour to reregister into that class or they should apply under the disruption procedure for special consideration.
Please try not to be late arriving at a tutorial. They will start promptly with the weekly test at five minutes after their advertised commencement time and should end at least five minutes before their advertised finishing time (in order to provide time for students and staff to move from one class to another). Students who arrive late will not be given extra time to complete the test. If you find it difficult to arrive on time because of problems with public transport or with finding a parking space, the solution is to catch an earlier bus or train or set out for the university earlier. None of these constitutes a valid excuse for disrupting classes with repeated tardiness.
Tutorials only succeed if students actively participate. Tutorials are not meant to be simple rehashes of the lecture.
In order to participate you need to adequately prepare for each tutorial. 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 seminar, such as surfing the web, checking text messages, whispering, working on assignments, etc.
NB: it is never a problem to:
You will not fail the unit or lose marks if you make a mistake. Tutorials 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. A tutorial 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.
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:
Notes on accessing readings:
Note re tutorials:
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
By far the best way to communicate with the convenor is via email: Dr Roy Baker (convenor): roy.baker@mq.edu.au
The convenor checks his emails regularly and you can expect a response within a few business days. If you do not hear within four business days then it is likely that your email has gone missing. Only then should you send another chasing it up.
When emailing, it is vital that you use your Macquarie email account ([student.name]@students.mq.edu.au). Messages sent from other accounts (Hotmail, etc) generally go straight to spam. You can set up your Macquarie account so that emails received there are forwarded to your regular account.
Please compose your email carefully. Teaching staff should not need to deal with messages that are all lower case, full of typographical errors, etc. Teaching staff are entitled to decline to respond to emails that are inadequately prepared.
Phoning the convenor is not a good idea unless the call is prearranged, since his phone is not regularly checked for messages.
Unless you have a very quick question, generally speaking it is not a good idea to try to talk to teaching staff at the beginning or end of a seminar. At the beginning they are usually preoccupied with getting the seminar under way and at the end they often have to rush to another class or a meeting.
If you wish to talk to the convenor face-to-face then it is best to attend his consultation session. The day and time of this session will be posted on iLearn. If you wish to attend then you should notify the convenor in advance. If you are unable to attend due to clashes with other classes then you should email the convenor to arrange a mutually convenient appointment.
Applications for special consideration relating to disruptions to study should be made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.
It is anticipated that a student might need to apply for special consideration in relation to misadventures that potentially affect the student’s performance in (or ability to attempt) the weekly in-class quizzes, the mid-session problem solving exercise and/or the final examination. The following considers each form of application. All applications for special consideration are considered on their own merits. The following simply gives general guidance in relation to likely outcomes.
Students should attend their allocated tutorial each week in order to attempt that week’s in-class quiz. If you miss a tutorial as a result of misadventure then you may apply for special consideration in relation to any quiz you missed.
Students granted special consideration relating to missed quizzes will be permitted to sit a supplementary quiz immediately before or after the final exam. That supplementary quiz may relate to any component of the unit.
Students will be given 15 days to complete the problem solving exercise. As a general rule, disruptions suffered prior to release of a question will not result in special consideration in relation to that question.
Normally, students will be granted an extension of time equal to the duration of the disruption subsequent to the release of the assignment question. For instance, a student suffering a five-day disruption, with three days suffered after the release of the assignment question is likely to receive a three-day extension.
Students successfully applying for special consideration in relation to the final examination may be asked to sit a supplementary examination on a day and at a time determined by the convenor. The convenor reserves the right to set an alternative or additional assessment, which may take the form of an oral examination to be conducted by the unit convenor or the tutor.
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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This graduate capability is supported by:
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This graduate capability is supported by:
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This graduate capability is supported by: