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.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Identify the core principles of public and private international law and how they apply at the national and international levels
2. Demonstrate an integrated understanding of the legal issues relating to public and private international law with emphasis on Australian dualism
3. Research primary and secondary sources of public and private international law to unpack the legal and policy issues around international law
4. 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

Assessment

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