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LAW 3539 - Advanced International Law: Interpretation in International Law

North Terrace Campus - Semester 1 - 2020

This course provides students with an understanding of the practice of interpretation in international law. It is an advanced study of the interpretation of legal obligations, which forms the foundation for understanding international law. The interpretation and negotiation of international treaty law is also a highly practical skill. This course will consider interpretation from a variety of perspective of examining who in the international legal order has the authority to interpret and how choices are made. The emphasis is on practice and skills. The practice of interpretation will also be examined drawing from different contexts such as Security Council resolutions, multilateral and bilateral treaties. Case studies will be undertaken for example; The international law governing Armed Drones, Fact Finding, The Right to Water and Sanitation, Transparency in Investor State Dispute Settlements in Free Trade Agreements, access to medicines and topical current case studies. The aim of the course is to provide students with a practical skills and a sound appreciation of interpretative issues in the international legal system.

  • General Course Information
    Course Details
    Course Code LAW 3539
    Course Advanced International Law: Interpretation in International Law
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1501 and LAW 2520 or LAW 1508
    Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Assessment Refer to information in the Course Outline
    Course Staff

    Course Coordinator: Dr Rebecca LaForgia


    Dr Rebecca La Forgia

    Room 2.10, Ligertwood Building

    Email: rebecca.laforgia@adelaide.edu.au
    Phone: 08 8313 0877
    Course Timetable

    The full timetable of all activities for this course can be accessed from .

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course, students will be able to:
    1. Explain and identify the practice of international legal interpretation in a variety of contexts. 
    2. Examine the operation and application of international law in practical and real case based contexts. 
    3. Refine and develop reflective written skills and communication skills of writing legal arguments, listening and persuasion. 
    4. Present persuasive and detailed written arguments based on contemporary international legal research.
    5. Develop written and oral skills to explore and defend legal interpretative positions from a variety of perspectives. 
    6. Undertake self-directed international legal research that supports interpretative arguments over contemporary applications of international law in society.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,2,6
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1,2,3,5,6,
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    2,3
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    1,2,3,4,5,6,
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    2,3,
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    3,4,5,6
  • Learning Resources
    Required Resources
    All required readings and resources will be available online via MyUni. There will also be the choice to purchase the compiled readings in one collated bundle.
    Recommended Resources
    A list of recommended readings will be made available through My Uni. My Uni will also feature a page of links to useful internet resources and news articles. These will be particularly helpful in locating material on contemporary international events and issues relevant to the course.
     
    Online Learning
    The course is supported by the Course Home page on MyUni website. The website contains links to the following resources:

    1. Course information, including the Course Profile and the seminar and lecture guide.

    2. Course materials – such as items of assessment, lecture PowerPoint slides, and other course materials which will be posted from time to time. 

    Lectures – audio streaming of lectures and video streaming of lecture slides will be posted (where available) under the Course Materials link as soon as possible after each lecture. This is subject as always to the technology working, so attendance is encouraged.  Also please note this course has interactive seminars as a core part of the teaching and learning and this makes up the majoirty of content.  There will be extensive use of audio visual materials and due to copyright this can not be recorded. This aspect of the course will not be recorded.

    3. Grade book – where students’ grades will be entered for each assignment.

    MyUni will also be used to post announcements, and assignment tasks. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course. Students should also regularly check their email

    4. Students will also have access to short pre-recorded videos to support their learning.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be taught in a three hour block.  The general format will be a 30 minute overview lecture  of the set material and then followed by two and half hours of seminars per week.  The method of teaching will be interactive, the seminars will use practical real life scenarios/ contexts, and will be supplemented by audio/visual materials and guest speakers where possible. Given the reliance on a wide range of materials the seminars will not be recorded. Therefore attendance is highly recommended.  Seminars are an important component of your learning in this course. The communication and listening skills developed in seminars by regularly and actively participating in discussions and listening to your peers and giving constructive and thoughtful responses are considered to be most important and worthwhile skills. This course will develop your capacity to interpret and analyse international law to a high level, the seminars are crucial in developing this skill.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time: 3 hour seminar each week. This amounts to 36 hours of formal class time across the semester.  

    Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments.

    The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.

    Learning Activities Summary

    How do we create meaning in the wide range of contexts in which international law is used? ranging from security, international human rights, international environmental concerns, corporate social responsibility and international political issues. This course develops the set of skills to assess and understand the creation of meaning in these ( and other) contexts. Furthermore it develops the skills to ask and answer - how do we assess the validity of any given interpretation? These are some of the core questions of this course.

    Schedule
    Week Lecture and Seminar Topic
    1 The Practice of Interpretation in International law. Overview of approaches to the question of interpretation in international law. From Government Lawyer to a Non Governmental Organisation. and other participants - Ways of interpreting international law depending on your position.
    2 The different methods of interpreting international law in different  context; Case example Security Council Resolutions.
    3 Overview and Introduction to International Human Rights; ICCPR and ICESCR and International Human Rights Committees, Consideration of the contemporary uses and challenges in context of International Human Rights and Air Pollution and Extreme Poverty.
    4 International law and the use of armed drones; international laws perspectives from IHRL, IHL and long term and short term security interests. (this material is the basis of the indvidual position paper due in week 7).
    5 No lecture topic,  Online Q and A to be organised online.
    6 International right to sanitation - the practical use of international law to evolve and implement a right. 
    7 No classes scheduled -  written assessment due re Commission of Inquiry into the International Law Governing the Use of Armed Drones.
    8 Business and Human Rights - The way forward Soft Law Or Treaty?
    9 International Legal interpretation and formation of public meaning through narratives Sands; East West Street  Genocide and Crimes Against Humanity and Saab Narratives of International Law Hunger and Climate Change.
    10 The role of Politics and International law; China, Australia and the United States in the context of the Asian Infrastructure Investment Bank and the WTO Appellate Body
    11 Continuation and overview of Topic  8 and Development of Research Skills via in class activities and library activities.
    12 Revision for the course and Q andA
    Specific Course Requirements

    There are no additional requirements for completion of this course other than described elsewhere in this document and site.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Due to the current COVID-19 situation modified arrangements have been made to assessments to facilitate remote learning and teaching. Assessment details provided here reflect recent updates.
    Assessment Task Due Weighting Length Redeemable Learning Outcome
    Contemporary Case
    Study on International
    Legal Interpretation.
    Wednesday 25th March
    Week 4 at 2.00pm
    20% 1,000 words. Yes. (On basis of
    bonafide effort of not
    less than 40%).
    1, 3, 4, 5
    Individual Written Commission of Inquiry Position Paper  Thursday 30th April
     Week 7 2.00pm 
    10% 500 words
    No 2,4,5
    Research Essay Monday 15th June at 2.00pm 70% or 90% 5,000 words No 1,2,3,4,5,6
    All assessment tasks are compulsory.
    Assessment Detail
    1.  The contemporary case study on international legal interpretation.
    Worth 20%. This compulsory assessment will be distributed to students on the first day of class.
    This is an individual piece of assessment.   It will cover material covered in weeks 1-3.
    DUE DATE: Wednesday the 25th March week 4  at 2.00pm  The word length is 1,000 words.

    2.  Individual Commission of Inquiry Position Paper
    Individual written paper  (10%) due week 7 the 30th of April 2.00pm 
    Students will be required to write a 500 word individual commission of inquiry position paper.

    3.  Research Essay
    A 5,000 word research paper ( 70% or 90%) on topics to be distributed.  Due Date Monday 15th June at 2.00pm.
    Submission
    Students must retain a copy of all assignments submitted.

    They must be submitted in accordance with the specific directions contained in instructions which will be made available on MyUni.

    Extensions: Requests for extensions must be made electronically, according to law school policy, at

    Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

    Final results for this course will be made available through .

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:






    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.

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