In order to pass this unit, external students must:

1. satisfactorily complete Foundation Quizzes 1.1 to 1.4 (see below under Foundation Quizzes 1.1 to 1.4),
2. participate satisfactorily at the on-campus session (see below under OCS Participation), and
3. attain an aggregate mark of at least 50 out of 100 in the unit as a whole, those marks coming from the weekly assessed quizzes, citation tests, problem question and final online assessment.

A fail grade for one or more of the weekly assessed quizzes (Quizzes A to M), citation tests, problem question or final online assessment will not result in an automatic fail of the unit.

Lectures

This unit consists of 13 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 provide 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. The prescribed textbook for this unit is:

• Stephen Hall, Principles of International Law (LexisNexis, 5^th ed, 2016, ISBN: 978-0-409-34324-3).  

References to 'Hall' on iLearn refer to the prescribed textbook. If you would like to buy a second textbook then you are particularly recommended the following, since it offers an affordable, concise and interesting survey of what we study (and more):

• Jan Klabbers, International Law (Cambridge University Press, 2013, ISBN: 978-0-521-14406-3).

Readings for the unit are categorised as follows:

• Essential readings largely consist of extracts from the prescribed textbook (Hall, see above). Students are expected to complete all essential readings each week.
• Recommended readings consist of chapters from the recommended additional textbook (Klabbers, see above). Students are not obliged to acquire or read this book, although you are likely to find the unit more interesting and easier to understand if you do so.
• Additional readings largely consist of chapters from other leading textbooks. These chapters are made available to you online in pdf format from the Macquarie library website (via Multisearch). Students are not expected to routinely complete the additional readings: they are offered as an additional resource, particularly in relation to assignments.

On occasion, assessable (and formative) quizzes may ask questions directly about the additional readings. It will be evident when they do so. All assignments assume knowledge of the essential readings and lecture content.

Each week's readings are listed in the Schedule of Readings available from iLearn. The pages of the essential readings relevant to each sub-topic are also listed on iLearn itself.

In addition to the secondary sources (book chapters, journal articles, etc) listed in the Schedule of Readings, you are expected to consult relevant primary legal sources (treaties, draft articles, cases, etc) as much as possible. It should be evident to you from the lectures and secondary sources which primary sources (and which parts of those primary sources) are most important. Sometimes you will need to consult primary sources in order to complete assignments. All relevant primary sources are available online and you are expected to have sufficient research skills to locate and download them. (We cover how to find and cite international law primary material in the two Citation Modules.) If you are having problems finding and citing international material even after completing the citation modules then the library website and staff are likely to be your best source of assistance, although your tutor may also be able to help.

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 and weekly 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 enjoyment of academic study.

Foundation Quizzes (Quizzes 1.1 - 1.4)

Students are required to satisfactorily complete the Foundation Quizzes. Satisfactory completion means getting 100% in each quiz. You may attempt each quiz as many times as necessary and your attempts are not timed. Even though you have until the stipulated deadline to complete the Foundation Quizzes, you are strongly encouraged to do so prior to your tutorial in Week 1.

The questions are designed to ensure that we all understand how the unit should run. The questions are available under the 'Topic 1' tab on iLearn. You should submit your answers via iLearn.

Formative Quizzes (Quizzes numbered 2.1 onwards)

Each sub-topic In Topics 2-13 has related to it certain online activities identified as numbered quizzes: Quiz 2.1, Quiz 2.2, 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. Participation in the formative quizzes is voluntary and is not assessed. 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.

Unlike with the assessable, weekly quizzes (identified as Quiz A, B, C, etc: see above under Assessment Tasks), where you only have one go at answering each question, you may attempt formative quizzes as many times as you like. However, sometimes you will be unable to commence your second and subsequent attempts at a formative quiz until a certain number of minutes have elapsed after your last attempt. That is to encourage students to actively engage with the questions and not just guess the answers.

Citation Modules

In addition to the 13 topics that make up this unit, you will find on iLearn two self-study Citation Modules. These are designed to train you in finding and then correctly citing important international sources. Citation Module A relates to UN documents, while Citation Module B relates to treaties. Completion of the citation modules is optional. However, you will be assessed on your ability to cite international sources in your answers to the problem question and the final online assessment. As with the formative quizzes, you are allowed an unlimited number of attempts at each exercise.

You are strongly advised to complete Citation Module A in between studying Topics 3 and 4, and to complete Citation Module B in between your study of Topics 4 and 5. (ILearn is structured in accordance with this sequence of learning.)

In order to encourage you to complete the citation modules in a timely manner, two citation tests have been set up. Students are permitted to attempt those tests even if they have not completed the citation modules, although they will find the tests far easier once they have done so. Each test will consist of two questions and each question will be worth one mark. Students only stand to gain marks from the citation tests if they complete the required citations with absolute accuracy. The smallest variation from the prescribed answer (eg entering two spaces instead of one, or incorrect capitalisation) will mean that the mark is forfeited. Unlike citation exercises, students are permitted only one attempt at the citation test questions. No half marks will be awarded.

Note on collaboration re formative quizzes and citation modules

When it comes to the assessable tasks (the weekly quizzes, citation tests, problem question and final exam), the normal rules relating to academic honesty apply. That means that your answers to those assignments should be your own individual work. Collaboration in relation to answering those assignments will constitute academic dishonesty.

The formative quizzes (including the citation exercises that make up the citation modules) are treated differently. I have no objection to students working collaboratively in relation to those tasks. Indeed, if you are finding the citation exercises difficult then you are positively encouraged to work on them in groups. That said, if you decide to collaborate in relation to formative quizzes or citation exercises then please do so actively. If you simply copy someone else's answers then you will be learning almost nothing.

In order to facilitate collaboration on formative quizzes and citation exercises, a specific discussion forum will be provided. Students are welcome to post to that forum if they are experiencing particular difficulties. When responding to another student’s request for help, please don’t just provide the answer. You need to exercise a basic skill of teaching, which is to let your fellow student work out the answer for themselves as much as possible. For instance, if there is a problem with a student’s punctuation in a citation then you might refer them to the relevant rule in the Australian Guide to Legal Citation. That way the student is required to find and read the rule and then apply it. That is far more beneficial to the student’s learning than simply saying something like ‘you need to place a full stop at the end’.  

OCS

The on-campus session (OCS) will be held on 27 and 28 April 2017. Both days will start promptly at 9 am and finish at 4 pm, with appropriate breaks. Please try not to be late arriving at the OCS or returning from breaks. External students must attend both days in full.

Having developed a basic understanding of each topic by completing the on-line activities, the OCS is your chance to discuss the issues raised, as well as ask questions in order to clear up any lingering doubts as to whether you understand the material correctly. The OCS is meant to come towards the end of the learning process, not the beginning. Certainly they are no substitute for listening to the lectures or doing the readings, although if you are totally stumped by even a basic point then there is no shame in raising it during the OCS.

How to make the OCS interesting and useful

OCS only succeed if students actively participate. The OCS is not meant to simply rehash lectures. 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 the tutor’s questions, but you are also free to pose your own questions, either to the tutor 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.

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’, while posting questions relating to the formative quizzes and citation exercises to the forum headed 'Discussion Forum re Formative Quizzes and Citation Exercises'.

General notes:

• Lectures are delivered only via iLearn: there are no ‘live’ lectures in this unit.
• ‘Hall’ refers to the prescribed textbook:
  • Stephen Hall, Principles of International Law (LexisNexis, 5^th ed, 2016, ISBN: 978-0-409-34324-3).
• ‘Klabbers’ refers to the recommended additional book:
  • Jan Klabbers, International Law (Cambridge University Press, 2013, ISBN: 978-0-521-14406-3).

• Unless otherwise indicated, 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: Unit Introduction

This topic introduces the unit: its learning outcomes, its learning material and activities, and also its methods of assessment. Besides discussing administrative matters, the topic also considers the expectations of staff and students.

• Formative Quizzes 1.1 to 1.4 relate to Topic 1. The absolute deadline for completion of those quizzes is 11 pm, Sunday 26 March. Ideally, however, you should complete them during or before Week 1 (27 February – 3 March).
• Readings:
  • Essential:
    • LAWS259 / LAW459 Unit Guide (available from iLearn).

Topic 2: The Nature of International Law

A primary purpose of international law is to govern the relationship between different sovereign states. We begin by examining the scope and history of this fascinating subject. Besides introducing some key institutions such as the United Nations, this topic also addresses the oft raised question: are international relations really under the rule of law, or is it more a matter of might equalling right?

• Deadline for Quiz A: 11.00 pm, Sunday 5 March
• Readings:
  • Essential:
    • Hall, chapter 1 (part), paras 1.1 1.78 (pp 2 – 26)
  • Recommended:
    • Klabbers, chapter 1 (pp 3 – 20)
  • 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, 6^th ed, 2016), chapter 1 (pp 1 – 17)

Topic 3: Sources 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 back to classical times, are very much alive today.

• Deadline for Quiz B: 11.00 pm, Sunday 12 March
• Readings:
  • Essential:
    • Hall, chapter 1 (part), para 1.79 onwards (pp 26 – 74)
  • Recommended:
    • Klabbers, chapter 2 (pp 21 – 40)
  • Additional:
    • James Crawford, Brownlie’s Principles of Public International Law (Oxford Uni Press, 8^th ed, 2012), chapter 2 (pp 20 – 47)

Topic 4: The Formation of Treaties

Treaties form much of the substance of international law. But what are treaties, how are they formed and how do they impact on states that sign them as well as those that do not? This topic also considers the issue of reservations: mechanisms whereby states seek to modify or avoid certain effects of treaties.

• Deadline for Quiz C: 11.00 pm, Sunday 19 March
• Readings:
  • Essential:        
    • Hall, chapter 2 (part), paras 2.1 – 2.74 (pp 80 – 108)
  • Recommended:
    • Klabbers, chapter 3 (part), pp 41 – 52
  • Additional:
    • Martin Dixon, Robert McCorquodale & Sarah Williams, Cases & Materials on International Law (Oxford Uni Press, 6^th ed, 2016), chapter 3 (pp 55 – 82)

Topic 5: Interpretation and Enforceability of Treaties

Continuing our examination of the law as it relates to treaties, this topic looks at what is probably the most difficult issue of all: their interpretation. It also explores the various ways in which states might try to escape liability under a treaty, for instance by declaring it invalid, or by simply refusing to comply with it.

• Deadline for Quiz D: 11.00 pm, Sunday 26 March
• Readings:
  • Essential:
    • Hall, chapter 2 (part), para 2.75 onwards (pp 108 – 139)
  • Recommended:
    • Klabbers, chapter 3 (part), pp 52 – 66
  • Additional:
    • Martin Dixon, Robert McCorquodale & Sarah Williams, Cases & Materials on International Law (Oxford Uni Press, 6^th ed, 2016), chapter 3 (pp 82 – 102)

Topic 6: International and National Law

What is the relationship between national and international law? If Australia were to breach international law, what effect can that have on the rights and responsibilities of ordinary Australians? This topic answers those questions, also giving thought to the part played by international law in other legal systems, such as those found in civil law countries.

• Deadline for Quiz E: 11.00 pm, Sunday 2 April
• Readings:
  • Essential:        
    • Hall, chapter 3 (pp 149 – 209)
  • Recommended:
    • Klabbers, chapter 16 (pp 287 – 303)
  • Additional:
    • Donald R Rothwell et al, International Law: Cases and Materials with Australian Perspectives (Cambridge Uni Press, 2^nd ed, 2014), chapter 4 (pp 196 – 267)

Topic 7: Statehood and Personality

The concept of state sovereignty is central to international law. What is more, much is made of the right of certain peoples to self-determination. But what is a state? And what does it mean to have legal personality in international law? This topic considers issues such as what is involved when a state decides to recognise the existence of another state or government, as well as the increasing role of international organisations in international law.

• Deadline for Quiz F: 11.00 pm, Sunday 9 April
• Readings:
  • Essential:        
    • Hall, chapter 4 (pp 213 – 252)
  • Recommended:
    • Klabbers, chapter 4 (pp 67 – 90) and chapter 6 (part), pp 115 – 123
  • Additional:
    • Martin Dixon, Textbook on International Law (Oxford Uni Press, 7^th ed, 2013), chapter 5 (pp 115 – 147)

Topic 8: International Responsibility

To what extent can a state or an international organisation 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 the responsibilities of states and international organisations in international law.

• Deadline for Quiz G: 11.00 pm, Monday 30 April
• Readings:
  • Essential:        
    • Hall, chapter 5 (part), paras 5.1 – 5.114 (pp 260 – 297)
  • Recommended:
    • Klabbers, chapter 7 (pp 124 – 139) (available from the library website)

Topic 9: Diplomatic Protection

Diplomatic protection refers to the right of a state to intervene on behalf of its nationals when they face mistreatment by other states. In this topic we consider the standard of treatment that you should receive when you visit a foreign country, and the circumstances in which your country can intercede on your behalf if those standards are not met. We also look at a state’s ability to nationalise foreign-owned industries or other assets.  

• Deadline for Quiz H: 11.00 pm, Sunday 7 May
• Readings:
  • Essential:        
    • Hall, chapter 5 (part), paras 5.115 onwards (pp 297 – 329)
  • Recommended:
    • Klabbers, chapter 6 (part), pp 107 – 115
  • Additional:
    • James Crawford, Brownlie’s Principles of Public International Law (Oxford Uni Press, 8^th ed, 2012), chapter 28 (pp 607 – 633)

Topic 10: State Jurisdiction and Immunity

Jurisdiction refers to the scope of a state’s lawful authority. This topic considers issues such as the extent to which one state can make laws relating to events that occur in another, as well as what laws apply on a ship or onboard a plane. It also explains concepts such as sovereign, diplomatic and consular immunity.

• Deadline for Quiz J: 11.00 pm, Sunday 14 May
• Readings:
  • Essential:         
    • Hall, chapter 6 (pp 337 – 370)
  • Recommended:
    • Klabbers, chapter 5 (pp 91 – 106) (available from the library website)
  • Additional:
    • Gillian D Triggs, International Law: Contemporary Principles and Practices (LexisNexis, 2^nd ed, 2011), chapter 8 (pp 427 – 503)

Topic 11: International Dispute Settlement

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.

• Deadline for Quiz K: 11.00 pm, Sunday 21 May
• Readings:
  • Essential:        
    • Hall, chapter 8 (pp 405 – 437)
  • Recommended:
    • Klabbers, chapter 8 (pp 140 – 164)
  • Additional:
    • Ademola Abass, International Law: Text, Cases, and Materials (Oxford Uni Press, 2^nd ed, 2014), chapter 14 (pp 489 – 522)

Topic 12: International Use of Force

Despite humanity’s efforts, the scourge of international armed conflict is yet to be eradicated. This topic examines the general prohibition on the use or threat of force, as well as exceptions to that rule in cases such as self defence or when military action is authorised by the United Nations. It also looks at situations that raise difficult legal and moral questions, such as the disputed right to anticipatory self defence, as well as military interventions against oppressive regimes or to prevent humanitarian disasters.

• Deadline for Quiz L: 11.00 pm, Sunday 28 May
• Readings:
  • Essential:         
    • Hall, chapter 9 (pp 443 – 486)
  • Recommended:
    • Klabbers, chapters 10 and 12 (pp 187 – 218)
  • 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 13: International Criminal Law

Traditionally, individuals were merely the objects of international law. The 20^th century saw a growing concern for the protection of the individual under human rights conventions. The signs are that the 21^st century will be the age of individual responsibility under international law, as the global community becomes increasingly reluctant to allow those who commit the most heinous of crimes to escape personal responsibility.

• Deadline for Quiz M: 11.00 pm, Sunday 4 June
• Readings:
  • Essential:         
    • Malcolm N Shaw, International Law (Cambridge Uni Press, 7^th ed, 2014), chapter 8 (pp 285 – 320)
  • Recommended:
    • Klabbers, chapter 12 (pp 219 – 233)
  • Additional:
    • James Crawford, Brownlie’s Principles of Public International Law (Oxford Uni Press, 8^th ed, 2012), chapter 30 (pp 671 – 690);
    • Hall, chapter 10 (pp 491 – 596)

The following changes have been made since the last offering in Session 2, 2016:

1. Introduction of the Foundation Quizzes;
2. Use of a new edition of Hall;
3. Renumbering of the topics;
4. Reinstatement of a final online assessment rather than a formal, invigilated examination.