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Unit of study_

LAWS5178: Development, Law and Human Rights

Intensive February, 2024 [Block mode] - Nepal

This unit provides an introduction and critical overview of the law, policy and practice of the global development economy as it intersects with human rights, with a particular focus on the funding, administration and reform of international aid, the growing significance of private-sector lead development, and the over-arching importance of governance and the rule of law. The drive towards sustainable development has grown substantially over the past 20 years and is now a billion-dollar enterprise, yet the precise nature of it's relevance for human rights remains a matter of intense debate and its efficacy in protecting human rights is patchy. This unit of study analyses the global development reform experiences of the past half-century and interrogates the natures and justification(s) of human rights-based approaches to economic development through global trade, finance and the private sector, paying particular attention to the role of domestic and international legal regulation on the policy and practice of development. The unit comprises both theoretical approaches and practice-based teaching covering case-studies from across the globe.

Unit details and rules

Unit code LAWS5178
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS3478 or LAWS6846
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Ben Saul, ben.saul@sydney.edu.au
Lecturer(s) Ben Saul, ben.saul@sydney.edu.au
Type Description Weight Due Length
Assignment Reflective Journal (30%)
Reflective journal (long release)
30% Week 05
Due date: 12 Feb 2024 at 23:59

Closing date: 19 Feb 2024
2,000 words / 3 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Research Essay (70%)
Research essay (long release)
70% Week 10
Due date: 18 Mar 2024 at 23:59

Closing date: 01 Apr 2024
4,000 words / 6 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5

Assessment summary

Compulsory Reflective Journal, 2,000 words (max), (30%)(Long Release Assignment)

The purpose of this assignment task is to encourage and assess critical thinking of what you have experienced and learnt throughout the 2 weeks of the HFS. It is neither a ‘simple’ personal diary, nor a full-blown research endeavour. Rather, it requires you to reflect on what struck you most about the unit as a whole, as well as specific events, lectures, site visits or encounters that you found to be especially telling. You are expected to explain how and why these experiences were significant in terms of your personal and/or professional development, knowledge and world views. It is expected that you compile notes and/or write the journal throughout the course of the two weeks (to which end times are specifically allotted in the daily schedule), such that most/all of the groundwork for the assignment is completed by the time the unit ends. Accordingly, the due date (12 February 2024, by 11:59pm Sydney, Australia time) is set for just over a week after the unit concludes. No footnotes, citations or bibliography are to be included in the Reflective Journal.

Research Essay, 4,000 words (max), (70%)(Long Release Assignment)

An essay of no more than 4,000 words addressing an essay topic (released at the conclusion of the unit) to be submitted by 11:59pm on Monday 18 March 2024 (Sydney, Australia time) via Canvas. 

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).  

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).  The use of Studiosity does not breach this rule but must be acknowledged.  

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Assessment requirements 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 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.
  • Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.

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 sydney.edu.au/students/guide-to-grades.

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:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 02 1. Inauguration; 2. Introduction to the Nepalese legal system from a historical perspective; 3. Local governance in federal Nepal; 4. Introduction to law, development and human rights Seminar (7 hr) LO1 LO2 LO3 LO4 LO5
Rule of law, good governance, aid and development Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
1. Constitutional and modern legal development in Nepal; 2. Poverty and the global economy and human rights: the case of Nepal Seminar (4 hr) LO1 LO2 LO3 LO4 LO5
Human rights implications of private sector development Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
1. Overview/briefing of Melamchi Water Supply case study and World Bank biogas and housing projects site visits Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
1. Melamchi water supply tunnel project work site; 2. Reflections on community meetings 3 The 'promises and perils of philanthropy in development' 4. KSL as a 'development model' after 25 years Seminar (5 hr) LO1 LO2 LO3 LO4 LO5
Week 03 1. New ways of financing development 2. Gender and socio–economic rights under Nepalese law 2. The right to development and rights-based approaches to development; 3. Environmental law and justice in Nepal Seminar (4 hr) LO1 LO2 LO3 LO4 LO5
1. Modern slavery 2. Litigating human rights and sustainable development Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
1. The theory and practice of protecting socio–economic rights under Nepalese law; 2. Criminal justice system and civic advocacy in Nepal; 3. Regional geopolitics, Nepal and international law Seminar (6 hr) LO1 LO2 LO3 LO4 LO5
The future of development and human rights Seminar (2 hr) LO1 LO2 LO3 LO4 LO5

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 attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.  

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit. 

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 Referencing and Citation Styles: AGLC4  

 

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

All readings are set out in the Daily Schedule and 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. Appreciate and understand first hand, the breadth and depth of human rights and legal problems as well as possibilities facing developing countries.
  • LO2. Gain practical experience of how government agencies, international organisations and civil society operate in developing countries.
  • LO3. Formulate, articulate and substantiate written and oral arguments using key features of the interaction between development and human rights laws and principles, in relation to a range of scenarios and issues.
  • LO4. Develop and deploy an independent, strategic sense of the potential and pitfalls of how human rights laws and principles intersect with the machinations of the global economy generally and its impact on development specifically, by reference to contemporary literature, policies and practices in this field.
  • LO5. Listen to, comprehend and respond constructively to legal and policy arguments formulated by others, including fellow USyd and KSL students and KSL lecturers, and to be able, accordingly, to communicate effectively your considered opinions and views.

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.

Additional costs

Information available on Canvas site.

Work, health and safety

Information available on Canvas site.

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.