Outline

Overview

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
Lecturer(s)	Alison Pert, alison.pert@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Class participation (10%) Participation in class discussions	10%	Ongoing	Ongoing
Outcomes assessed:
Presentation	Oral interview (non-graded) At Unit Coordinator's discretion, interview to discuss submitted work	0%	Ongoing	30 minutes
Outcomes assessed:
Assignment	Research essay outline (non-graded) Rough outline of research essay	0%	Week 07 Due date: 19 Sep 2022 at 16:00	500 words
Outcomes assessed:
Assignment	Research essay (50%) Research essay	50%	Week 09 Due date: 03 Oct 2022 at 16:00 Closing date: 04 Nov 2022	4,000 words / 7 weeks
Outcomes assessed:
Final exam (Take-home extended release)	Final exam (40%) Take-home problem question. Maximum 3000 words	40%	Week 12 Due date: 29 Oct 2022 at 09:00	48 hours
Outcomes assessed:
= Type E final exam ?

Assessment summary

Research essay (50%): A 4000-word research essay which is designed to allow for a detailed and critical analysis of the chosen topic. The assessment task will further the objectives of the unit by developing a student’s  ability to conduct research in an area of the international law on the use of force, and develop  a coherent argument or set of arguments that are written clearly and persuasively in a balanced and scholarly manner. A choice of topics will be released to students on Canvas  on Friday 12 August 2022  and the assessment is due on 3 October 2022 at 16:00 (Sydney, Australia time). Students will be required to submit regular drafts of their research essay to Canvas and should retain pre-submission drafts on file. The closing date is 4 November 2022. Students who receive a grant of Special Consideration may receive an extension or alternative task at the discretion of the Unit Coordinator.
Research essay outline (non-graded): A non-assessable, rough outline of the essay must be submitted by 19 September; also, drafts of the essay must be submitted once you reach around 1500 words and again at around 3000 words. If one or more of the outline, drafts or final essay are written in another language and translated into English before submission, you must also submit the version of each document in the original language. The essay will not be marked if these requirements are not satisfied.
Final exam (Take-home extended release) (40%):  Compulsory 48 hour release take-home examination. Maximum 3000 words in length. The examination will comprise one problem question which will be released on Saturday 29 October 2022 at 09:00 and will must be submitted by Monday 31 October 2022 at 09:00. Students will be required to submit a draft during the final extended release exam and should retain pre-submission drafts on file. The outcome of a successful Special Consideration application is a replacement examination. The outcome of a successful Special Consideration application for a replacement examination is a second replacement examination or a viva voce, at the discretion of the Unit Coordinator. 
Class participation (10%): Students will be placed “on call” for one or two classes, at the Unit Coordinator’sdiscretion. These will be allocated on the first day. When “on call”, students must be ready to answer questions from the Unit Coordinator and other students, and demonstrate that they have read the required material and reflected on the issues raised. At the end of the course, students will be asked to evaluate, in writing, their contribution to class discussions, indicating what mark they feel they deserve for class participation, and to provide reasons why such a mark is justified. Students who are unable to make their allocated class will receive 0/10 for the assessment and may receive an Absent Fail grade.
Oral interview (non-graded): At the discretion of the Unit Coordinator, this will be an individual interview to discuss the content of the written work.

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	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:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 4pm on the due date but before the same time the following day will attract a 10% penalty. 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.

Learning support

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.

Weekly schedule

WK	Topic	Learning activity
Ongoing	History of the legality/illegality of war	Seminar (2 hr)
	Scope and content of the prohibition of the use of force	Seminar (2 hr)
	Self-defence	Seminar (2 hr)
	Self-defence – anticipatory, pre-emptive	Seminar (4 hr)
	Use of force against terrorism	Seminar (2 hr)
	Cyber-warfare	Seminar (2 hr)
	Collective security under the UN Charter	Seminar (4 hr)
	Intervention in internal conflicts	Seminar (4 hr)
	Humanitarian intervention and the responsibility to protect	Seminar (2 hr)
	Emerging areas	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. 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. If the class is online, all students must have their camera on at all times. Failure to meet these requirements may result in a student being precluded from sitting the final assessment.

Word count 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:

excludes bibliography, cover page and footnotes (provided they are generally non-discursive)
includes everything else – body text, headings and sub-headings, quotations and discursive footnotes.

Referencing: Please use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style: 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

Please refer to the Reading List in Canvas.

Learning outcomes

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.

Outcomes
Graduate qualities

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 and ethical implications of the law
LO5. demonstrate greater familiarity with the methods of international law research
LO6. demonstrate the ability to think, and write, clearly and critically about the topics covered in the unit.

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
Learning outcomes

Responding to student feedback

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

Changes to assessments and readings 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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6062: International Law-the Use of Armed Force

Semester 2a, 2022 [Block mode] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect