In order to pass this unit, students must:

1. satisfactorily complete Foundation Quizzes 1.1 to 1.4 prior to 11 pm, 25 March 2018 (see below under Foundation Quizzes 1.1 to 1.4),
2. satisfactorily complete all formative quizzes (quizzes numbered 2.1 through to 13.3, excluding quizzes constituting Citation Modules A, B or C) prior to 11 pm, 10 June 2018, 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 1, Problem Question 2 and final online exam.

A fail grade for one or more of the weekly assessed quizzes (Quizzes A to M), citation tests, Problem Question 1, Problem Question 2 or final online assessment will not result in an automatic fail of the unit.

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.

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 are available for download from iLearn (see the Echo active learning platform). 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. The prescribed textbook for this unit is:

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

If you would like to acquire a second book, you are recommended the following as an affordable and interesting survey of the issues we study (and more):

• Jan Klabbers, International Law (Cambridge University Press, 2^nd ed, 2017, ISBN: 978-1-316-50660-8).

The pages of the readings that relate to each sub-topic are set out in iLearn. References to 'Hall' and 'Klabbers' refer to the above books.

In relation to each topic, students are expected to read the following so as to ensure that they gain at least two perspectives on the issues we study:

1. the prescribed extract from the primary textbook (Hall, see above), and
2. at least one out of the following:
   1. the relevant extract from Klabbers (see above), or
   2. the relevant chapter from another leading textbook, those chapters being available to students online in pdf format from the Macquarie library website (via Multisearch: http://libguides.mq.edu.au/MultiSearch).

The above is intended to afford students some choice: buy Klabbers or rely on the pdf chapters from the library. Klabbers tends to be rather more succinct than the chapters obtainable via the library website. Obviously students would, in an ideal world, read Klabbers and the pdf chapters (as well as Hall). Even so, priority should be given to the readings from Hall.

In addition to completing the readings, you should appropriately consult the primary legal sources referred to in the lecture and readings (ie treaties, cases, etc). I would say that study of the primary sources is more valuable than trying to read three different textbook chapters relating to the same topic. At times study of primary sources will be essential in order to satisfactorily complete the assignments. All relevant primary materials 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 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 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.

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 seminar. Participation in the formative quizzes is not assessed. However, students must satisfactorily complete all formative quizzes for any given topic in order to gain access to the assessed weekly quiz (Quizzes A, B, C, etc) associated with that topic. (See above under Assessment Tasks). 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 assessed, weekly quizzes, 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 three 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. Citation Module C is offered in order to train students in citing the sources they are most likely to need when answering problem questions or in the final online assessment.

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.) It is suggested that you attempt the relevant questions in Citation Module C as and when you need to develop the relevant skills for the written assignments.

In order to encourage you to complete Citation Modules A and B 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. Your citations will be automatically marked by iLearn. 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 assessed 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’.  

Seminars

Having developed a basic understanding of each topic by completing the on-line activities, seminars are 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. Seminars are 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 in a seminar.

There will be 13 seminars during the Session, starting in Week 1. All internal students should register in a seminar group. Places are available on a first-come, first-served basis. You should attend the seminar in which you are registered. However, if it proves difficult to do so then you may occasionally attend another seminar without asking permission.  

Please try not to be late arriving at a seminar. They will start promptly 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).

How to make seminars interesting and useful

Seminars only succeed if students actively participate. Seminars are not meant to be simple rehashes of the lecture. In order to participate you need to adequately prepare for each seminar. 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.

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'.

This schedule sets out the essential and additional reading for each topic. This information supplements that on iLearn, which provides precise essential and additional reading page numbers for each sub-topic.

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, 2^nd ed, 2017, ISBN: 978-1-316-50660-8).
• 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 25 March. Ideally, however, you should complete them before you attend your seminar in Week 1 (26 February – 2 March).
• Seminars relating to this topic will be held in the week commencing 26 February (Week 1).
• Readings:
  • Essential:
    • LAWS601 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 4 March
• Seminars relating to this topic will be held in the week commencing 5 March (Week 2).
• Readings:
  • Essential:
    • Hall, chapter 1 (part), paras 1.1 1.78 (pp 2 – 26);
  • Additional:
    • Klabbers, chapter 1;
    • Malcolm N Shaw, International Law (Cambridge Uni Press, 8^th ed, 2017), 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 11 March
• Seminars relating to this topic will be held in the week commencing 12 March (Week 3).
• Readings:
  • Essential:
    • Hall, chapter 1 (part), para 1.79 onwards (pp 26 – 74)
  • Additional:
    • Klabbers, chapter 2;
    • 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 18 March
• Seminars relating to this topic will be held in the week commencing 19 March (Week 4).
• Readings:
  • Essential:        
    • Hall, chapter 2 (part), paras 2.1 – 2.74 (pp 80 – 108)
  • Additional:
    • Klabbers, chapter 3 (part);
    • Martin Dixon, Robert McCorquodale & Sarah Williams, Cases & Materials on International Law (Oxford Uni Press, 6^th ed, 2011), 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 25 March
• Seminars relating to this topic will be held in the week commencing 26 March (Week 5). NB: there are no classes on 30 March (Good Friday).
• Readings:
  • Essential:
    • Hall, chapter 2 (part), para 2.75 onwards (pp 108 – 139)
  • Additional:
    • Klabbers, chapter 3 (part);
    • 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 1 April
• Seminars relating to this topic will be held in the week commencing 3 April (Week 6). NB: there are no classes on 2 April (Easter Monday).
• Readings:
  • Essential:        
    • Hall, chapter 3 (pp 149 – 209)
  • Additional:
    • Klabbers, chapter 16;
    • 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 8 April
• Seminars relating to this topic will be held in the week commencing 9 April (Week 7).
• Readings:
  • Essential:        
    • Hall, chapter 4 (pp 213 – 252)
  • Additional:
    • Klabbers, chapter 4 (part) and chapter 6 (part);
    • 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, Sunday 29 April
• Seminars relating to this topic will be held in the week commencing 30 April (Week 8).
• Readings:
  • Essential:        
    • Hall, chapter 5 (part), paras 5.1 – 5.114 (pp 260 – 297)
  • Additional:
    • Klabbers, chapter 7 (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 6 May
• Seminars relating to this topic will be held in the week commencing 7 May (Week 9).
• Readings:
  • Essential:        
    • Hall, chapter 5 (part), paras 5.115 onwards (pp 297 – 329)
  • Additional:
    • Klabbers, chapter 6 (part);
    • 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 13 May
• Seminars relating to this topic will be held in the week commencing 14 May (Week 10).
• Readings:
  • Essential:         
    • Hall, chapter 6 (pp 337 – 370)
  • Additional:
    • Klabbers, chapter 5 (part) (available from the library website);
    • 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 20 May
• Seminars relating to this topic will be held in the week commencing 21 May (Week 11).
• Readings:
  • Essential:        
    • Hall, chapter 8 (pp 405 – 437)
  • Additional:
    • Klabbers, chapter 8;
    • 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 27 May
• Seminars relating to this topic will be held in the week commencing 28 May (Week 12).
• Readings:
  • Essential:         
    • Hall, chapter 9 (pp 443 – 486)
  • Additional:
    • Klabbers, chapters 10 and 12;
    • 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, 6^th ed, 2017), chapter 4 (pp 87 – 130)

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 3 June
• Seminars relating to this topic will be held in the week commencing 4 June (Week 13).
• Readings:
  • Essential:         
    • Malcolm N Shaw, International Law (Cambridge Uni Press, 8^th ed, 2017), chapter 8
  • Additional:
    • Klabbers, chapter 12 (part);
    • 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, 2017:

1. the system of scoring for the weekly quizzes has been amended;
2. the removal of a hurdle requirement pertaining to tutorial participation;
3. penalties for late submission have been changed to accord with Faculty policy;
4. the use of new editions of Malcolm N Shaw, International Law, and Yoram Dinstein, War, Aggression and Self-Defence.