Special Consideration Policy:

Applications for Special Consideration are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Special Consideration Policy for complete details of the policy and a description of the supporting documentation required. The Policy is available here: https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration 

The Special Consideration Policy is effective from 4th December 2017 and replaces the Disruption to Studies Policy.

Late Assessment Penalty

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 assignment 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. All relevant primary materials are available online and you are expected to have sufficient research skills to locate and download them. If you are having problems finding and citing international material, then the library website and staff are likely to be your best source of assistance. 

OCS Tutorial Participation 

Having developed a basic understanding of each topic by completing the readings, lectures and participating in the online forums, OCS 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.

Please try not to be late arriving at OCS. They will start promptly at five minutes after their advertised commencement time.

How to make OCS interesting and useful

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

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: 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?

• 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 2: 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.

• 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 3: 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.

• 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 4: 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.

• 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 5: 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.

• 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 6: 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.

• 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 7: 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.

• Readings:
  • Essential:        
    • Hall, chapter 5 (part), paras 5.1 – 5.114 (pp 260 – 297)
  • Additional:
    • Klabbers, chapter 7 (available from the library website)

Topic 8: 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.

• 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 9: 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.

• 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 10: 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.

• 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 11: 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.

• 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 12: 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.

• 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)

Topic 13: Revision

The following changes have been made since the last offering in Session 2, 2017:

1. the system of marking has been amended;
2. penalties for late submission have been changed to accord with Faculty policy;