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Unit of study_

LAWS1023: Public International Law

Semester 1, 2022 [Normal day] - Camperdown/Darlington, Sydney

The compulsory unit of study is an introduction to the general problems, sources and techniques of public international law. The unit surveys the fundamental rules and principles public international law through an examination of the following topics (1) the nature, function and scope of public international law, (2) the sources of public international law, (3) the law of treaties including principles of treaty interpretation, (4) the relationship between public international law and municipal law, (5) the extent of civil and criminal state jurisdiction, (6) immunities from state jurisdiction including diplomatic privileges and immunities (7) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (8) regulation of the use of force in international relations, and (9) dispute settlement.

Unit details and rules

Unit code LAWS1023
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS5005
Prerequisites
? 
LAWS1006
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Emily Crawford, emily.crawford@sydney.edu.au
Lecturer(s) Tim Stephens, tim.stephens@sydney.edu.au
Tutor(s) Tim Stephens, tim.stephens@sydney.edu.au
Ed Couzens, ed.couzens@sydney.edu.au
Jacqueline Mowbray, jacqueline.mowbray@sydney.edu.au
Irene Baghoomians, irene.baghoomians@sydney.edu.au
Ben Saul, ben.saul@sydney.edu.au
Jose-Miguel Bello Villarino, jose-miguel.bellovillarino@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home short release) Type D final exam hurdle task Final take-home exam
2.5 hours (plus 30 minutes reading time), written take-home examination
60% Formal exam period 2.5 hours
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 LO10 LO11
Participation Participation
A one page summary response to the week's tutorial question
0% Ongoing One-page summary
Outcomes assessed: LO9 LO10 LO11
In-semester test (Take-home short release) Type D in-semester exam hurdle task Mid semester test
Short-release take-home test based on first seven topics
40% Week 07
Due date: 04 Apr 2022 at 16:00
1.5 hours
Outcomes assessed: LO1 LO2 LO3 LO4 LO9 LO10 LO11
hurdle task = hurdle task ?
Type D final exam = Type D final exam ?
Type D in-semester exam = Type D in-semester exam ?

Assessment summary

Mid-semester test (40%):  Compulsory 1.5 hour  (plus 30 minutes reading time) take-home test on 4 April commencing at 4pm and concluding at 6pm. May cover any material addressed in both the lectures and tutorials from weeks 1 to 6. There is a maximum word limit of 2000 words. The outcome of a successful Special Consideration application will be a replacement test. 

Participation: Compulsory class participation requiring students to lead discussion in one tutorial of a nominated tutorial question and to submit a one-page summary. Assessed on pass/fail basis. 

Final take-home exam (60%): Compulsory 2.5 hour take-home exam during the examination period. The examination will comprise a mixture of problem-based and essay questions. The examination may cover any material addressed in the lectures and tutorials throughout the entire unit. The outcome of a successful Special Consideration application will be a replacement exam, which may be by way of a viva voce examination.

Detailed information for each assessment may be found on Canvas.

Assessment requirement to pass a unit of study
A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties do not apply to exams or tests and any late submission will not be accepted.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing Development, nature and scope of public international law Lecture (2 hr) LO1
Introduction to the unit; sources of public international law Lecture (2 hr) LO1
Introduction to the unit Tutorial (1 hr) LO1
The Law of Treaties Lecture (2 hr) LO1
Question 1: Sources Tutorial (1 hr) LO9 LO10 LO11
International law and domestic law Lecture (2 hr) LO2
Question 2: Treaties Tutorial (1 hr) LO9 LO10 LO11
Personality, statehood, self-determination Lecture (2 hr) LO3
Question 3: International law and municipal law Tutorial (1 hr) LO9 LO10 LO11
Title to territory Lecture (2 hr) LO4
Question 4: Personality, statehood, self-determination Tutorial (1 hr) LO9 LO10 LO11
State jurisdiction Lecture (2 hr) LO5
Question 5: Title to territory Tutorial (1 hr) LO9 LO10 LO11
Question 6: State jurisdiction Tutorial (1 hr) LO9 LO10 LO11
Immunity from jurisdiction I Lecture (2 hr) LO5
Question 7: Immunity from jurisdiction I Tutorial (1 hr) LO9 LO10 LO11
Immunity from jurisdiction II (recorded) Lecture (2 hr) LO5
Question 8: Immunity from jurisdiction II Tutorial (1 hr) LO9 LO10 LO11
State responsibility I Lecture (2 hr) LO6
Question 9: State responsibility 1 Tutorial (1 hr) LO9 LO10 LO11
State responsibility II Lecture (2 hr) LO6
Question 10: State responsibility II Tutorial (1 hr) LO9 LO10 LO11
Use of force Lecture (2 hr) LO7
Question 11: Use of force Tutorial (1 hr) LO9 LO10 LO11
Implementation, enforcement, accountability Lecture (2 hr) LO8
Question 12: Implementation, enforcement, accountability Tutorial (1 hr) LO9 LO10 LO11

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in-person or online attendance as per the mode of delivery for the unit. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Students will need to obtain a copy of Martin Dixon, Robert McCorquodale, Sarah Williams, Cases and Materials on International Law (Oxford University Press, 6th ed., 2016)

Additional readings for the unit will be made available on Canvas.

 

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. demonstrate a sound understanding of the sources of public international law, including the law of treaties, and the relationship between them
  • LO2. demonstrate a sound understanding of the relationship between public international law and Australian law
  • LO3. demonstrate a sound understanding of the rules and principles relating to international legal personality, statehood and self-determination
  • LO4. demonstrate a sound understanding of the rules and principles relating to the acquisition of title to territory
  • LO5. demonstrate a sound understanding of the rules and principles of state jurisdiction and immunity from jurisdiction
  • LO6. demonstrate a sound understanding of the rules and principles concerning the responsibility of states for wrongful acts
  • LO7. demonstrate a sound understanding of the rules and principles relating to the use of armed force
  • LO8. demonstrate a sound understanding of the rules and processes for promoting compliance with international law
  • LO9. identify and apply rules and principles of public international law in innovative ways to analyse complex factual scenarios
  • LO10. communicate your understanding of public international law in a clear and logical manner using plain and concise language
  • LO11. think critically about the strengths and limitations of public international law as a legal system

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.