Handbook : Unit informationEdith Cowan University

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

• Unit Title

  International Law

• Unit Code

  LAW4108

• Year

  2017

• Enrolment Period

  1

• Version

  1

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

• Unit Coordinator

  Mr Michael Gerard CROWLEY

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Description

This unit is primarily concerned with public international law. It also introduces students to private international law and the relationship between public and private international law.The unit is designed for students with no prior background in these areas. Particular attention will be given to the function, scope and sources of both public and private international law, including, the relationship of public international law with Australian institutions and Australian law. Students will be introduced to basic concepts such as choice of law and proof of foreign law as well as the law of treaties, international organisations and the intervention of states in the affairs of other states.

Prerequisite Rule

Students must pass 1 units from LAW1116

Learning Outcomes

On completion of this unit students should be able to:

1. Define and apply the basic concepts of public international law.
2. Describe the basic principles of the law of the sea and its impact on state practice.
3. Describe the role and function of the United Nations and related institutions and entities in international affairs.
4. Describe the role and powers of States in international law.
5. Identify the key principles in the law of treaties and their relationship to state practice.
6. Identify the relationship and explain the interaction between foreign law and local (municipal) law.
7. Identify the relationship between Australian institutions and public international law.
8. List and explain the basic means by which international commercial transactions take place. Identify and discuss in an informed manner some contemporary issues in public and private international law.
9. List and explain the sources of international law.
10. Outline the differences between public international law and private international law.
11. Outline the key institutions and mechanisms used to resolve disputes and hostile actions between states.

Unit Content

1. Arbitration and judicial settlement of disputes.
2. Choice of law in contract and torts.
3. Differences between public and private internation law.
4. Disputes and hostile relations including armed conflicts and neutrality.
5. Human rights.
6. International transactions.
7. Jurisdictional immunities.
8. Proof of foreign law.
9. Role and function of the United Nations and associated institutions.
10. State jurisdiction and the rights and duties of states.
11. States as subjects of international law.
12. The law of the sea.
13. The law of treaties.
14. The sources of and background to international law.

Additional Learning Experience Information

Lectures, workshops, case studies and practical exercises. Students will have three hours per week contact divided between lectures and tutorials. Lectures will be used to introduce content, concepts and principles relevant to the subject and provide direction to students in research. Tutorials will allow students to develop oral and written responses to lecture and research materials. There will be an emphasis on research and critical analysis of legal instruments and political responses to the subject. Students will be expected to exhibit an ability to undertake relevant self-directed research and appropriate skills in oral and written communication. Online students will access the program via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

Core Reading(s)

• Triggs, G. (2010). International law: Contemporary principles and practices. (2nd ed.). Australia: LexisNexis Butterworths.

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