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Unit of study_

LAWS6062: International Law-the Use of Armed Force

Intensive November, 2020 [Block mode] - Camperdown/Darlington, Sydney

The objectives of this unit are to understand and gain a sound knowledge of the legal principles and rules governing the resort to armed force by States; be able to analyse a complex factual situation, recognise the issues arising, and determine the international legal rights and responsibilities of the parties involved; and gain awareness and understanding of current issues relating to the use of force and United Nations practice in matters affecting international peace and security. The course looks at the legal principles and rules governing the resort to force by States; operation of the relevant provisions of the United Nations Charter dealing with the use of force, self-defence and collective security; relevant state practice in interpreting the UN Charter; the legal issues arising from the use of force against terrorism; the "Bush Doctrine" of pre-emptive self-defence and its legality under international law; legality of the use of force to assist rebels; the role of the United Nations in peace-building, peace-making, peace-keeping, and peace enforcement; and the legal issues arising from humanitarian intervention and the emerging principle of the responsibility to protect. This unit does not cover the law regulating the conduct of armed conflict (jus in bello), which is the subject of the separate unit LAWS6218 International Humanitarian Law.

Unit details and rules

Unit code LAWS6062
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS3483 or LAWS5183
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Alison Pert, alison.pert@sydney.edu.au
Type Description Weight Due Length
Assignment Research essay
Research essay
50% -
Due date: 16 Nov 2020 at 16:00
4,000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Assignment Assignment
Assignment
40% -
Due date: 30 Nov 2020 at 09:00
3,000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Participation Class participation
Participation in class discussions
10% Ongoing Ongoing
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Presentation Oral interview
At lecturer's discretion, interview to discuss submitted work
0% Ongoing 20 minutes
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2

Assessment summary

  1. write a research essay on one topic from a range of topics handed out on day 1
  2. write an assignment – a problem question – over the weekend
  3. participate in class discussions to demonstrate knowledge
  4. attend oral interview, if required, to discuss submitted written work

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

Work receiving a high distinction grade will generally exhibit the following characteristics:
• 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

Work receiving a distinction grade will generally exhibit the following characteristics:
• 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

Work receiving a credit grade will generally exhibit the following characteristics:
• 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

Work receiving a pass grade will generally exhibit the following characteristics:
• 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.
• 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

Work may fail for any or all of the following reasons:
• 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:

A late penalty of 5% per day or part thereof for written work will apply in accordance with the Assessment Procedures 2011.

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
Multiple weeks History of the legality/illegality of war Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Scope and content of the prohibition of the use of force Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Self-defence Lecture (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Self-defence – anticipatory, pre-emptive Lecture (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Use of force against terrorism Lecture (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Collective security under the UN Charter Lecture (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Intervention in internal conflicts Lecture (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Humanitarian intervention and the responsibility to protect Lecture (4 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: Please refer to information on Canvas.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of  5% 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 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

All readings for this unit can be accessed through the Library eReserve, available on Canvas, or through the Library website.

Most prescribed readings are from: 

Marc Weller (ed), The Oxford Handbook of the Use of Force in International Law (Oxford University Press, 2015) and
Christine Gray, International Law and the Use of Force (4th ed, Oxford University Press, 2018).

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 sound knowledge of the substantive law in each of the topic areas
  • LO2. demonstrate stronger skills of advanced legal analysis and reasoning
  • LO3. demonstrate a deeper understanding of the strengths and limitations of the relevant law
  • LO4. demonstrate awareness of the political, ideological, ethical and philosophical implications of the law
  • LO5. demonstrate familiarity with the sources of the relevant law and be able to research further in the area
  • LO6. demonstrate developed and enhanced skills of legal research and writing in the relevant areas including the ability to write in a clear and logical manner, using plain and concise language.

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.

response to feedback provided within 2 weeks

Disclaimer

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

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