Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Joanna Mitchell
Consultation by appointment
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to MIntLawGovPP or MIntEnvLaw or LLM or MIntTrdeComLaw or MIntRelMIntTrdeComLaw or MCTerrorism or MIntell or MSecStrategicStud or 42cp in LAW or LAWS units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS units at 800)
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Corequisites |
Corequisites
LAW891
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Co-badged status |
Co-badged status
This unit is co-taught with LAWS588.
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Unit description |
Unit description
This unit explores the peaceful resolution of international disputes within the broader principles of international law, particularly the maintenance of international peace and security. It will consider the role and objects of different international actors in dispute settlement. The Unit will also undertake a detailed consideration of the applicable law in international courts and tribunals (such as trade, investment, human rights, and international criminal law). Students will be placed in the position of a lawyer deciding on international litigation options. Having also considered compliance and enforcement of decisions of international courts and tribunals, students will critically evaluate the utility and effectiveness of different dispute resolution mechanisms.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Hurdle | Due |
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Class participation | 10% | No | 17 and 18 September 2018 |
Research Paper | 45% | No | 5pm, 28 September 2018 |
Pleadings / legal advice | 45% | No | 5pm, 11 November 2018 |
Due: 17 and 18 September 2018
Weighting: 10%
Students are required to attend an on-campus session (two days).
It is expected that students will have read all the required readings for each week and will come to classes prepared to discuss the questions for each topic. Class participation marks will be based on the quality of contributions to discussion and, where relevant, the frequency of contributions; evidence of preparation for each topic; and performance in specific tasks set by the tutor (for instance, group work). Attendance alone will not attract any marks.
Students must attend both days.
A failure to meet these requirements will lead to a mark of zero for class participation unless: a) the student submits a successful application for special consideration AND b) submits work in lieu of the on campus session. Note that the on-campus session equates to 12 hours class time. Any work assigned in lieu of the on-campus session is estimated to take at least 12 hours to complete. It will also require a separate appointment with the Convenor to assess participation.
Due: 5pm, 28 September 2018
Weighting: 45%
Students are required to submit a written research paper. The research paper requires high level independent legal research, critical analytical ability, and coherent legal writing and presentation skill. Students will be required to demonstrate original ideas that have been developed from the course material and a wider survey of the literature.
A list of topics will be posted on the course iLearn page during Week 1 from which you are to select one topic for the research paper.
The submissions for the Research Papers:
Due: 5pm, 11 November 2018
Weighting: 45%
Students are required to complete a written task comprising two parts: a draft pleading for an international dispute and preparation of a legal advice. Students will be asked to demonstrate their skills in preparing an application in an international dispute and providing legal advice to a client.
The instructions will be released at 9 am Wednesday 7 November and submissions are due 5 pm Sunday 11 November 2018. This is a timed assessment and no late submissions will be accepted.
The pleadings and legal advice:
An iLearn page will be available for this unit and includes information vital for the successful completion of this unit. Internet access is therefore required to undertake this unit. Topical items will be posted on iLearn for discussion and engagement with the unit content.
The Research Paper and Pleadings/Legal Advice must be submitted via turnitin.
Lectures on each of the 12 topics will be pre-recorded and available on iLearn (through Echo). The schedule of topics to be covered in the lectures is available on iLearn and a list is available below (unit schedule).
This Unit is delivered as a Block. There are no weekly tutorials. All students are required to attend one on-campus session (two days) on 17 and 18 September 2018. The on-campus session is compulsory.
Students who are unable to attend the on-campus session must apply for a special consideration. If that application is approved, alternative work will be set in lieu of on-campus attendance. Note that the on-campus session equates to 12 hours class time. Any work assigned in lieu of the on-campus session is estimated to take at least 12 hours to complete. It will also require a separate appointment with the Convenor to assess participation.
There is no prescribed text for this unit. Readings are available via the Library website and can easily be accessed via multi search by typing in the Unit course code. Where students are required to only read extracts from the readings, the relevant pages or sections are indicated on iLearn.
The following texts will be referred to throughout the Unit:
These texts have all been placed on Reserve at the Library.
A full Unit Schedule will be posted on iLearn.
1. History of international dispute settlement in international and proliferation of international courts and tribunals
2. Negotiation, mediation and conciliation
3. Individuals in international dispute settlement
4. Judges, advocates, participants
5. Jurisdiction and admissibility
6. Provisional measures
7. Intervention and third parties
Mid-Session break
8. Contentious proceedings
9. Interactions with national courts
10. Advisory opinions and other judicial functions
11. Remedies and reparations
12. Enforcement and compliance
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/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.
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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Students in this unit are expected to have access to internet sources to engage with learning and teaching in the unit and to prepare their assessment tasks.
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
Unit delivered as a Block in 2018. Changes to assessment: In Class presentation removed; assessment adapted to incorporate drafting legal pleadings.