International Public and Private Law

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Abstract

This subject introduces students to public international law and its significance for Australian law. Using case studies and in-depth analysis of international human rights in Australia, this subject concentrates on key themes and emerging trends in the international community. Private international law (also known as Conflict of Laws) and its … For more content click the Read More button below.

This subject introduces students to public international law and its significance for Australian law. Using case studies and in-depth analysis of international human rights in Australia, this subject concentrates on key themes and emerging trends in the international community. Private international law (also known as Conflict of Laws) and its distinction to public international law is compared and contrasted. Students are also introduced to the principles by which an Australian court applies the law of another country or state.

Syllabus

Introduction to international lawThe relationship between domestic and international law, including the distinction between public and private international lawState sovereignty, responsibility, limitations and jurisdictional issuesThe law of conflict of laws: origins and rationaleMulti-state legal problems, including the enforcement of foreign judgementsIntroduction to 'Choice of Law' theory and methodSources of public … For more content click the Read More button below.

Introduction to international law
The relationship between domestic and international law, including the distinction between public and private international law
State sovereignty, responsibility, limitations and jurisdictional issues
The law of conflict of laws: origins and rationale
Multi-state legal problems, including the enforcement of foreign judgements
Introduction to 'Choice of Law' theory and method
Sources of public international law, including treaties, declarations, and related international legal instruments
Structure and role of the United Nations
International disputes between sovereign states, including rights, obligations and responsibilities
Adjudication and enforcement of public international law
International Court of Justice
International trade law
International human rights law
International humanitarian law
International criminal law and the International Criminal Court
International maritime law and the law of the sea

Learning outcomes

Upon successful completion of this subject, students should:

be able to demonstrate a critical understanding of operative framework of international law;

be able to interpret and critically analyse treaties, declarations, and related international legal instruments, and identify areas of deficiency in the context of humanitarian law and human rights protection, including the limitations of the concept of state sovereignty;

be able to articulate the relationship between international and domestic law to a variety of audiences;

be able to analyse critically case law pertaining to disputes between states, including critically reflecting upon the potential for international law to be a socially progressive force;

be able to discuss the elements of private international law and their distinctions with public international law;

be able to apply the rules of treaty interpretation and customary law practices to solve hypothetical problems within this area of law;

be able to critique the role of the United Nations, and other international bodies and tribunals, including the effectiveness of the International Criminal Court;

be able to demonstrate reflective and critical thinking skills, together with the use of professional judgement, to discuss how international law shapes Australia's domestic laws, including rights, obligations and responsibilities;

be able to undertake independent legal research to communicate informed legal opinion on issues surrounding private international law, otherwise known as the law of conflict of laws; and

10.

be able to demonstrate an understanding of Australia's international human rights obligations regarding Indigenous Australians.

Enrolment restrictions

Restricted to Bachelor of Laws and Bachelor of Laws/Bachelor of Criminal Justice students only