TE PIRINGA - FACULTY OF LAW
Public International Law 2015 Outline
1.
Identification of Paper
Paper: LAWS437-15B
This paper carries 20 points
2.
Staffing
Associate Professor Claire Breen
(Convenor)
Dr. Sadeq Bigdeli
(Senior Lecturer)
Phone: (07)838 4466 Extn 6037
Room: Law G.31
email: cbreen@waikato.ac.nz
Available by appointment
Phone: (07)838 4466 Extn 8233
Room: G.26
Email: s.bigdeli@waikato.ac.nz
Available by appointment
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
An introduction to public international law: evolution, sources, relationship between international
and municipal law, the law of treaties, the law of the sea and international institutions,
particularly the United Nations.
(b) Structure of the Paper
General:
This is a B semester paper. The teaching component comprises 2 x 2 hour lectures per week as
per the following:
Mon
11:00
13:00
LAW.G.03
Wed
09:00
11:00
LAW.G.02
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers. Attendance is therefore required for satisfactory completion of the
paper. An understanding of topics and materials discussed in class is essential for success in
assessment.
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4.
Learning outcomes
LAWS437-14A aims at introducing students to the contextual constraints associated with public
international law. A student who has completed the course successfully will understand and have
knowledge of the basic laws, rules and procedures that operate in public international law. They
will also acquire knowledge of the applicable rules governing international relations, and develop
an understanding of the specifics of the law-making process in public international law and the
intended and unintended consequences of present-day rule-making processes with regards to the
politics and philosophy that dominates some of these areas. In sum, the course will enable
students to critically examine public international law.
5.
Workload
Students should expect to spend 200 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 including GST.
The required reading will be
M Shaw, International Law 7th ed (CUP: 2014).
Jan Klabbers, International Law, Cambridge University Press (Cambridge, 2013)
In addition to these materials, the Law Library holds a number of highly relevant textbooks on
public international law. Specific recommended reading texts include:
Don Rothwell, International Law: Cases and Materials with Australian Perspectives 2ed
(2014)
Ian Brownlie, Principles of Public International Law, (8th ed, OUP, Oxford: 2012)
D.J. Harris, Cases and Materials on International Law, (7th ed, Thomson/Sweet & Maxwell,
London: 2010)
R.M.M. Wallace and O. Martin-Ortega, International Law (6th ed, Thomson Reuters,
London: 2009)
A Cassese, International Law, (2ed OUP: 2005)
A Abass International Law: Text Cases and Materials (OUP, Oxford: 2012)
Other recommended readings will be placed on library desk reserve throughout the year.
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
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Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa - Faculty of Law Undergraduate Handbook @ p.33 which is
available from http://www.waikato.ac.nz/law/undergraduate.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Coursework: Final Examination Ratio: This course is 100% internally assessed.
c)
Assessment Components
Component
Percentage of overall mark
Due date
Class participation
5%
n.a.
Mid-term essay
47.5%
31 August at 12.00
End-of-semester essay
47.5%
2 November by 12.00
Class participation (5%): This will be assessed based on active participation in class debates and
contributing to class discussions.
Mid-term take-home essay 47.5%: The Mid-term take home essay will be handed out in class on
12 August. It is due on 31 August, by 12.00pm. The Mid-term take-home essay may not have
more than 2,000 words including footnotes and it must include a bibliography (not included in the
word count). It has to be typed.
End-of-semester essay 47.5%: The end-of-semester essay will be handed out in class on
Wednesday, 14 October. It is due on Monday 2 November by 12.00. The essay may not have
more than 2,000 words including footnotes and it must include a bibliography (not included in the
word count).
All assessment components will allow students to further strengthen their research skills
developed during the course and develop particular expertise in given subject-matter areas. They
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are intended to examine whether students have understood the contextual constraints
associated with public international law, grasped the functions of public international law, gained
sufficient knowledge of the laws, procedures and institutions which comprise public international
law; thus being able to develop a deeper understanding of public international law, and critically
analyse public international law.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See
Te
Piringa
Faculty
of
Law
Undergraduate
Handbook,
available
at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
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Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the intervening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 14
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2015 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2015, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Education Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal tests or exams.
v) If you wish to submit your Internal Assessment in Māori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Māori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Māori for Assessment in the University Calendar)
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9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2015
Assessment Regulations 2005
Student Discipline Regulations 2014
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
This paper is designed to offer a basic introduction to the key building blocks in PIL. This is such a
fundamental paper that in many law schools in the world, it is considered to be compulsory and
prerequisite for other international law papers. From PIL basic principles, students shall be able to
move with greater ease into the more specialised papers of:
- International Environmental Law
- Human Rights
- International Trade
- Law of Armed Conflict and International Humanitarian Law.
- Indigenous People’s Rights
- Law of Intellectual Property
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2014 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2015
Calendar)
The Te Piringa Faculty of Law’s policy regarding plagiarism is Te Piringa Faculty of Law
Undergraduate Programmes Manual, available from:
http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Law School’s Health and Safety representative is to be advised. Alternatively, please report
the incident to the Law Reception - Room Law G.44 or call ext 4167.
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14.
Class representation
Contact details for the Student Representation Coordinator, Academic Services Division, are as
follows: Jeanie Richards, Student Services, ext. 8221, email: student.reps@waikato.ac.nz.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2015. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
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Lecture Schedule B Semester
Week Commencing
Programme of lecture topics
13 July (Semester B Starts)
Introduction and early history
PIL in the 20th century and beyond
20 July
Sources: Treaties
Sources: Customary International Law
27 July
International Law in Domestic Courts I
International Law in Domestic Courts II
3 August
International Law of the Sea
International Environmental Law
10 August
International Economic Law
Managing the Global Economy
17 August
24 August
Global Governance
New Approaches to International Law
Teaching Recess
31 August
Teaching Recess
7 September
Recognition CB
Jurisdiction CB
14 September
International Organisations I CB
International Organisations II CB
21 September
The Law of Responsibility CB
Enforcement of International Law CB
28 September
International Court of Justice CB
Use of Force CB
5 October
International Humanitarian Law CB
Human Rights CB
12 October
International Criminal Law CB
Peacekeeping CB
Study Week
Examinations 26 October Labour Day
Examinations
19 October
26 October
2 November
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