Public and Private International Law
Overview
This unit introduces students to the nature and content of public international law – the law governing the relationships between sovereign states and relating to the conventions and organisations established to regulate international affairs. It also deals with private international law (or conflict of laws) – the law governing the resolution of conflicts arising when the parties to a dispute reside in, or wish to use the law of, different jurisdictions. The aim of this unit is to enable students, through the study of cases, statutes and other material, to become familiar with the areas of public and private international law.
Requisites
26-May-2024
Learning outcomes
Students who successfully complete this unit will be able to:
- Identify the core principles of public and private international law and how they apply at the national and international levels
- Demonstrate an integrated understanding of the legal issues relating to public and private international law with emphasis on Australian dualism
- Research primary and secondary sources of public and private international law to unpack the legal and policy issues around international law
- Analyse judgments from the High Court of Australia and international courts that deal with international law to understand the complexity of international law principles
Teaching methods
Hawthorn
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| On-campus Class | 3.00 | 12 weeks | 36 |
| Online Lecture | 1.00 | 12 weeks | 12 |
| Unspecified Activities Independent Learning | 8.50 | 12 weeks | 102 |
| TOTAL | 150 |
Swinburne Online
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| Online Directed Online Learning and Independent Learning | 11.50 | 12 weeks | 138 |
| Live Online Class | 1.00 | 12 weeks | 12 |
| TOTAL | 150 |
Assessment
| Type | Task | Weighting | ULO's |
|---|---|---|---|
| Assessment | Individual | 50 - 70% | 1,2,3,4 |
| Research Assignment | Individual | 30 - 50% | 1,2,3,4 |
Content
- The nature, development and sources of international law
- The relationship between international and national law
- The subjects of international law
- The right to territory
- The law of the sea
- The law of treaties
- The United Nations and other international institutions
- Jurisdiction
- Recognition and enforcement of foreign judgments
- Choice of law
- Family law
- Obligations
- Property
Study resources
Reading materials
A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.