Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Paul Maluga
Consultation by appointment
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
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Corequisites |
Corequisites
LAWS510 or LAWS516 or LAWS519 or LAWS562 or LAWS569 or LAWS586 or LAWS587
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Co-badged status |
Co-badged status
This unit is co-taught with LAW888.
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Unit description |
Unit description
The intense interaction between different actors in the international system inevitably leads to opposing views on issues, as well as to conflict. This unit will consider traditional non-adversarial dispute settlement in the international system. It will then focus on how various international courts and tribunals resolve disputes in different areas of international law (such as trade, investment, human rights, and international criminal law). An ongoing question will be the effectiveness of these procedures, and the parties' compliance with the decisions of the different bodies.
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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 | 20% | No | See MQ timetable |
Pleadings and legal advice | 40% | No | Week 7 |
Final Assessment | 40% | No | Week 13 |
Due: See MQ timetable
Weighting: 20%
Internal Students:
Class participation will be assessed on a weekly basis in your respective tutorials and will make up 20% of your overall mark.
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.
External Students:
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).
Both Internal and External Students:
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.
Class participation will be assessed on the following criteria:
- Preparation: the student demonstrates reading and engagement with the materials, lectures and any other content provided for each week's tutorial. Students will volunteer answers to questions; respond to, and participating effectively in, class debates; and ask questions to clarify anything not understood in the readings or lectures;
- Ability to critically discuss the material: the student critically discusses the tutorial materials and contributes to class discussions in a way that assists the learning of others. This will be demonstrated through the ability to respond to questions, suggest counter-arguments and link readings and lecture materials to class activities, current events, and hypothetical scenarios;
- Oral expression: the student verbally expresses their ideas about the materials in a clear, coherent, and concise manner;
- Engaging with other students: the student engages with others in the class, displays respect for others' opinions and differences; actively listens, and provides constructive feedback;
- Collaboration: the student works collaboratively and productively in small groups, fosters discussion, shares opinions, and explores and resolves points of consensus and disagreement;
- Demonstration of skills: the student demonstrates legal skills taught in the unit, including statutory interpretation, problem solving, oral and written communication skills and general legal reasoning.
Due: Week 7
Weighting: 40%
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.
Instructions will be posted on iLearn during Week 4.
The pleadings and legal advice:
Due: Week 13
Weighting: 40%
Students will be required to respond to problem questions based on a factual scenario. It will cover material in the prescribed readings, lectures or tutorials.
The assignment is designed to be answered within a 4 to 6 hour window. The assignment is available over a 32 hour period to allow for obligations (e.g. work, family and other commitments) within that window. In line with the Faculty of Arts Late Assessment policy, no late submissions will be accepted.
The response to the problem questions:
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 Pleadings/Legal Advice and Final Assessment 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). The on-campus session is compulsory. Students should enrol in a class via the MQ timetable.
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. The weekly schedule is as follows:
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
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 published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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
If you are a Global MBA student contact globalmba.support@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.
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This unit was previously offered as a block unit. This is no longer available unless the students are external students.