LAWPUBL 402 : International Law

Law

2021 Semester One (1213) (20 POINTS)

Course Prescription

An introduction to the basic principles and nature of public international law and its role in contemporary society including an overview of the current legal framework, the sources of international law, the law of treaties, issues surrounding international personality, international dispute resolution and the use of force.

Course Overview

Understanding international law is increasingly foundational to an education in law in today's world of increasing interactions and interdependence between states, and between the peoples and individuals of different states. The course will equip you with a solid grounding in the basic rules and skills of public international law that will be important regardless of your chosen career path in law. The course begins by demonstrating how international law governs relations in an extraordinarily diverse range of fields. You will become familiar with the sources of international law, its subjects and actors and the law of state responsibility. We will examine the role of international courts and tribunals, and move on to consider collective security and the law on the use of force, as well as other forms of transboundary harm and the COVID-19 pandemic.

Course Requirements

Prerequisite: 30 points at Stage II in Global Politics and Human Rights or LAW 211, 231, 241 Restriction: LAW 435

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Develop and demonstrate a foundational working knowledge of public international law (Capability 1.1, 1.2 and 1.3)
  2. Understand, explain and address simple problems in public international law (Capability 1.3, 2.1, 2.3, 3.1, 3.2, 3.3 and 4.1)
  3. Critically evaluate how international law identifies and responds to the need for populations to live together in an interdependent world (Capability 1.1, 2.2, 6.2 and 6.3)
  4. Develop further further the skills and capabilities associated with legal studies (Capability 4.1, 4.2, 4.3, 5.1, 5.2 and 6.1)

Assessments

Assessment Type Percentage Classification
Assignments 30% Individual Coursework
Final Exam 70% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Assignments
Final Exam
There will also be a  quiz early in the course which will be an opportunity to revise what you are learning, test out the knowledge you have gained and get some feedback on how you are understanding the course content. The quiz will have no marks attached to it.

The  assignment will require you to write an essay.  The topic and details will be made available at least three weeks prior to the due date.  Feedback on the assignment will be provided after marking in the form of comments for the class summarising the issues in the assignment and providing guidance on the form that an appropriate answer could have taken.

The final exam will be discussed in class at an appropriate time in the semester. Earlier exams  will be included in your reading list and are available on the library website.

Workload Expectations

This is a standard 20-point course. There will be around 48 hours of lectures in this course, including time in the lecture theatre dedicated to work-shopping shorter and longer questions on the course content.  As a general guide, you should expect a workload of three hours  for each of the 48 hours  of the course. The guideline for the total workload for this course is 200 hours.  

A blended learning approach may be adopted, using online material for part of the 48 hours.  Please ensure the correct email address is loaded for your enrolment in the course so that you will receive announcements via Canvas about this.

Delivery Mode

Campus Experience

Attendance is expected at lectures.
Lectures will be available as recordings; although work-shopping involving small group work and informal comments will not be captured in the recordings.
The course will not include live online events.
Attendance on campus is required for the exam.
The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

 Textbooks:
Malcolm Shaw International Law (8th ed, Cambridge University Press, 2017) KC100 SHA 2017, on 2 hour and 5 day loan. 
Jan Klabbers International Law (2nd ed, Cambridge University Press, 2017), easier reading than Shaw, KC100 KLA 2017, on 2 hour loan. 
Alberto Costi (ed) Public International Law: A New Zealand Perspective (LexisNexis, Wellington, 2020) KC100 COS, on 2 hour loan. 
All are available at the University Bookshop with a discount.

Core resources:
UN Audiovisual Library of International Law
http://www.un.org/law/avl/

The Max Planck Encyclopedias of International Law
https://opil-ouplaw-com.ezproxy.auckland.ac.nz/home/MPIL

Oxford Public International Law (which includes access to Oxford Scholarly Authorities on International Law)
https://www.library.auckland.ac.nz/databases/record/?record=OxfPubIntLaw
 
Cambridge Books
https://www.library.auckland.ac.nz/databases/record/?record=CamBooOnl
 
Elgar Online
https://www.library.auckland.ac.nz/databases/record/?record=ElgarOnline
 
A wide array of journals publishing articles on current issues in international law are available, including the:
International and Comparative Law Quarterly
American Journal of International Law
British Yearbook of International Law
Australian Year Book of International Law
New Zealand Yearbook of International Law
 
There are other useful resources recommended in these subject guides:
 
International law subject guide
https://www.library.auckland.ac.nz/guides/law/international-law
 
International legal journals subject guide
https://www.library.auckland.ac.nz/guides/law/international-legal-journals
 
Environmental law subject guide > Journals
https://www.library.auckland.ac.nz/guides/law/environmental#=4
 
A number of learned societies maintain websites that you may find it stimulating to visit, including:
ESIL, the European Society of International Law
http://www.esil-sedi.eu/
ASIL, the American Society of International Law
http://www.asil.org/
ANZSIL, the Australian and New Zealand Society of International Law http://www.anzsil.org.au/
BIICL, the British Institute of International and Comparative Law
http://www.biicl.org/

See also EJIL:Talk!
Blog of the European Journal of International Law
https://www.ejiltalk.org/

You may also find it helpful to consult the International Legal Materials (ILM), a series featuring important new cases, treaties and other materials.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

The subject matter of the international law course is different in nature to other courses covering domestic law topics, and the 2020 class said they would have liked to understand more about what the course is going to cover and how that’s going to be assessed at the beginning.  As to the full-length workshops offered later in the course, feedback suggested a different balance of time in the workshops as between group work and plenary work, and accordingly we will look at having more plenary time in 2021. For some people more of an introduction in class to the subject-matter of the assignment topic would be helpful and this will be provided in 2021.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

The instructor retains copyright in all lectures and breach of copyright may lead to University action.  Recordings cannot be used for purposes other than individual study relating to the class.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 08/12/2020 09:53 p.m.