For an overview of this course, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the class start date.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

Jessup Moot is a summer session elective.  It is the Australian round of the Philip C. Jessup International Law Moot Court Competition.

Members of the Jessup team are all expected to prepare the written memorials and participate in the internal ANU practice moots. The team then participates in the Australian rounds of the Jessup Moot competition and, if the team reaches the Final of the Australian rounds, would compete in the International Rounds in the United States.

There is a maximum of 5 team members.

Applications for selection for the Summer Jessup Moot team close in first semester the year prior.

More details of Jessup Moot can be viewed at the Jessup website http://www.ilsa.org/jessup/  

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

The ANU College of Law's internship course offers students an unparalleled opportunity to put their learning into action and carry out a law-based research project in a legal professional workplace. The course requires and develops both legal knowledge and a lawyer's approach to problem identification, analysis and recommendations.

Internship placements are available within a variety of Commonwealth and Australian Capital Territory government departments, statutory bodies, community legal centres and other non-government organisations. Internships are also available under the supervision of a member of the ANU College of Law. In addition, students may arrange their own internship with a suitable organisation and professional supervisor, opening up the possibility to choose organisations and locations that best suit their future career interests. The professional supervisor of an intern must be a lawyer. Applications to complete self-arranged internships will be approved where they meet the requirements of the course.

Internships are available during each semester and during summer and winter term, enabling students to complete placements in remote locations in Australia or internationally. To assist in arranging placements, applications for an internship are generally made earlier than for other subjects. Full details about the internship course and the application process are posted to the ANU College of Law current students' website.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

The course examines the extent to which and how international human rights standards are present in, or affect, Australian law.

The course considers history, philosophy and theories of human rights.  It discusses the absence of - and analyses the need for - national human rights legislation in Australia, and reviews where and how human rights are found in Australian law.  This involves considering legislative, executive and judicial action in all jurisdictions, ranging from a National Human Rights Action Plan and the powers of the Australian Human Rights Commission, to human rights legislation in the ACT and Victoria and nationwide anti-discrimination laws.  Particular attention will be paid to various actors such as NGOs and public interest lawyers.

After a thorough examination of 'domestic' human rights, the course looks at the way Australia engages with the international system of human rights, where its conduct is subjec to scrutiny by UN committees.

The course will focus on the human rights of certain groups of people whose human rights are vulnerable in Australia, and will analyse case studies.  The course will feature at least one practical exercise inviting students to engage in human rights action as means of better understanding the material.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

When normal peacetime relations between States break down and they resort to the use of force, it is the law of armed conflict that determines which acts of hostility are lawful. The idea that law should regulate what is done in war may seem strange, but it is nowadays well accepted. Accordingly, the law determines which targets may be attacked and which classes of person and object must be protected. Some persons and objects are specially protected, and it is vitally important that all involved understand what these rules provide.

The Australian Government is committed to ensuring that hostilities undertaken by members of the Australian Defence Force are conducted in accordance with applicable legal rules. Participants who have completed this course will be able to form an informed view of whether events, involving ADF personnel and otherwise, accord with the relevant law.

The other topic of similar importance comprises the principles and rules that determine which weapons and methods of warfare can lawfully be used during an armed conflict. Weapons law places important obligations on States, and the course will show how these can be complied with. The course will, in connection with targeting and weaponry, unpack and explain the principles on which these two elements of the law are based, and will then show how specific rules of conduct are based on those principles. 

The course will consist of a series of lectures that collectively cover the relevant topics. At suitable intervals during the course, the participants will go into workgroups in order to discuss and solve pre-set problems linked to the substance of the preceding lecture. The solutions of each work group are then presented in plenary and are discussed. The purpose of this approach is to reinforce understanding of each topic in turn.

An internationally renowned international humanitarian law and weapons law scholar who has written authoritative monographs on both subjects, Dr Bill Boothby, has kindly agreed to visit Australia to teach this course.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

Intellectual property may be thought of as different forms of legal rights over creativity or innovation. Within Australia, the main forms of intellectual property protected, and the focus of this course, are statutory rights relating to Copyright, Patents, Designs and Trade Marks, as well as rights relating to confidentiality and unfair competition. Intellectual Property is also a major global concern, with complex interrelationships between the different forms of intellectual property, treaty law and the process of reform of those rights. In doing so, this course will provide opportunities for students to explore key policy themes: the globalisation of trade; the rise of information technology; the scientific revolutions in agriculture, medicine and biotechnology; the development of personality rights; enrichment of a Creative Commons; and the protection of traditional knowledge and culture. Intellectual Property is an incredibly dynamic and controversial area of law. Being able to sift through the commentary and recent developments to gauge their effect is vital. This course will therefore also attempt to ensure students are equipped to understand and respond to changes in intellectual property and able to contribute to the process of reform.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

TOPIC: Comparative Australian-United States Perspectives on International Law

The course will be taught jointly by a visiting ANU academic and an academic from the University of Alabama Law School. (While the specific subject area of the course will vary from year to year, depending on the particular field of interest of the ANU/UA visitors, it will involve a comparative study of Australian and US approaches to the particular subject matter. Assessment details, teaching methods and type of course materials will vary from year to year depending on the subject matter and personnel involved in each offering of the course, but will be specified prior to student enrolment in the course).

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

This course provides an introduction to and critical overview of the legal system of the European Union and the processes of European integration.  It is intended to provide students with a deep insight into the internal structure and functioning of the EU and the integrative processes that have contributed to this.  The course also considers the role of the EU as a global actor, particularly in the Asia Pacific Region.  The course takes an interdisciplinary approach examining selected topics in constitutional and substantive law from a range of political, economic and social perspectives.  The course will also provide students with the opportunity, where appropriate, to draw comparisons with the Australian federal system and local approaches to substantive law. 

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

Although the ideas of cyber warfare and of computer network attack are very new, there is growing awareness of the significant issues they raise in the modern world.

The Australian Government is not alone in acknowledging the threat of cyber attacks and the need to develop cyber security capability. Accordingly, there is a strong interest, particularly among Canberra communities, in anticipating potential legal issues that might arise in cyber warfare and in consolidating knowledge as to the applicability of existing rules of international law in this particular context.

An internationally renowned international humanitarian law and weapons law scholar who has recently participated in a central role in the preparation of the Tallinn Manual on the Law of Cyber Warfare, Dr Bill Boothby has kindly agreed to visit Australia to teach this course.

The course will identify and assess the extent to which norms of existing law can properly be applied to the peculiarities of cyber operations. 

The course will draw on elements of general international law, the international law that governs the recourse to armed force and international humanitarian law, all in the specific context of cyber warfare.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

Anyone who thought that the end of the Cold War would bring about a period of global peace and stability has suffered a series of rude awakenings throughout the intervening period. There have been, and continue to be, wars between states, civil wars within states and terrorist outrages that have shaken the very foundations of the nation state. Modern conflict is characterised by new weapons, new technologies, new environments in which to fight and new kinds of participants in the hostilities. The emerging, increasingly fragmented and rapidly changing notion of conflict challenges, and is challenged by, a body of international law that seems to have difficulty in adapting to these new developments.

This course will tackle the most pressing and controversial contemporary issues by looking at the problems that are posed, by considering the legal arrangements that are currently in place and by assessing whether these arrangements are adequate. The topics have been selected to enable students to grapple with important matters of international concern that are currently challenging policy makers, jurists, academics and others at the highest levels. The aim is to introduce students to strategic level decision-making with all its complexities and ambiguities.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

This course introduces students to the key components of public international law related to the protection of foreign investment, and considers the procedural means by which disputes about those protections are settled. Among the topics covered in the course include:

• policy rationales and legal frameworks for foreign investment;

• historical background, including the liberalisation of foreign direct investment, the growth of international agreements related to foreign investment, and historic means of protection (including diplomatic protection and gunboat diplomacy);

• sources of international investment law;

• standards of investment protection, including the minimum standard of treatment under customary international law, protection from expropriation, and protection from unfair and inequitable treatment;

• investor-State dispute settlement, including arbitration and mediation;

• remedies for breach of investment treaties;

• the future of the international investment regime: challenges and opportunities.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

Conflict of Laws, also sometimes called Private International Law, is concerned with what happens in cases where not all of the facts are tied to one jurisdiction. In the federal system of Australia, this can occur both within a domestic intra-Australia context and in an international context. While this course deals with a number of specific theoretical frameworks, it is taught largely from a practical standpoint aimed at preparing lawyers for handling cases with trans-jurisdictional issues. The three core components of the course investigate:

Jurisdiction: When domestic courts can hear cases that involve parties and property from outside the territory of the court.

Choice of Law: Which law is applicable when a case has connections with a number of different jurisdictions. In particular, this course considers contract, family and tort disputes that involve a variety of jurisdictions.

Enforcement of Judgements: How to enforce a court judgement or arbitral award from another jurisdiction in local courts.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

This course picks up where the introductory courses Australian Public Law and Commonwealth Constitutional Law leave off. We will look at constitutional law in further detail, focusing on how Australia and other democracies use constitutional law – both written and unwritten – to regulate the democratic process (elections, referendums, parliaments, political parties, etc). 

We especially consider attempts to use law to improve the practice of democratic politics – for example, to make politics less partisan, more fair and equal, more rational, or more democratic. We also consider whether such legal solutions have met with success or have tended to raise new problems of their own. Looking at international comparisons will help to answer questions about whether alternative constitutional systems for regulating democracy have been effective overseas, and whether or not they could be adopted in Australia.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

The aim of this course is to engender critical thought about law.  In particular, the course introduces students to feminist theories about law.  A range of topics will be discussed using a diverse range of feminist and critical materials.  Topics will include feminism within the academy, the concept of equality and violence against women as well as other topics.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

The course introduces students to the fundamental principles of international trade law. The primary goal of the course is to acquaint and familiarise students with the main pillars in this arena of international law and their effect on domestic law and policy.  The course covers the key agreements and principles of international trade law and the jurisdiction, policies and processes of the WTO. It also encompasses major critical analyses of international trade law together with an in-depth review of relevant GATT/WTO panel and appellate body decisions.

Themes that will be addressed throughout the course will include the origins of international trade law, fundamental principles of the GATT/WTO regime, Services (GATS), the WTO Dumping and Subsidies regimes and the Sanitary and Phytosanitary Agreement.  The effects of trade liberalisation in general on developing countries will also be the subject of review together with an analysis of the on-going conflict between the basic dictates of international trade agreements on the one hand and the need to enshrine and protect international environmental and labour standards on the other.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

Areas of interest Law

Academic career UGRD

Course convener

Joshua Neoh

Mode of delivery In Person

Co-taught Course

LAWS8594

Offered in First Semester 2021
See Future Offerings

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Law and Society in South East Asia (LAWS4229)

Introduction

Learning Outcomes

Indicative Assessment

Workload

Inherent Requirements

Requisite and Incompatibility

Prescribed Texts

Preliminary Reading

Assumed Knowledge

Other Information

Fees

Offerings and Dates

This course introduces students to the legal systems and legal traditions of South East Asia in the context of their plural societies, and considers the relationship between law, governance and development in the region over the span of modern history. Among the topics covered in the course include:
• pre-colonial, colonial and post-colonial law, including customary and religious law;
• the influence of legal transplants, state-building, and development initiatives;
• critical consideration of theoretical frameworks used to make sense of the diversity in the region;
• key issues relating to constitutionalism and nation-building;
• domestic challenges such as ethnic and sectarian conflict;
• the role of law in socio-economic change in the region.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

The course looks at the intersection of Information Technology with law. Five broad subject areas have been identified within which this intersection is explored: from the impact of digital content, through the challenges and opportunities of a vastly more interconnected, perhaps "borderless" society. Anyone who was intrigued by the movie "The Social Network" will be interested in this course.

The 5 areas of study are:

information technology and intellectual property;

censorship;

privacy;

computer crime and evidence; and

e-commerce and IT contracts.

An important component of the course is the cultivation of an understanding of the technology underlying information technology.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

The course covers aspects of the law of restitution as it has developed in Australia, England and (to a lesser extent) Canada, and considers the inter-relationship between restitution, contract, equity, and other categories of legal obligations.

The course considers the relevant law from three perspectives: historical, conceptual and doctrinal.  It provides a useful overview of the private law of obligations and property. 

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

This course is a follow-up to the compulsory International Law course LAWS2250 (LLB(Hons)) and LAWS6250 (JD).

Having reviewed the structure and principles of international law, this course is intended to round out the coverage of ‘general’ public international law by focusing on areas only partially dealt with in the compulsory course and which warrant further consideration in light of their importance. Coverage may consequently vary from year to year and include, for instance, the following topics: aspects of territory in international law; State responsibility, international organizations; aspects of treaty law (notably treaty interpretation); and jurisdiction. Occasionally parts of the course will consist of focused case studies of a current situation or event which raises important issues of international law.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.

A participant who has successfully completed this course should have a clear understanding of:

the conventional and customary law obligations of States in respect of refugees and other asylum-seekers and of the rights of applicants

the protection mechanisms, both national and international, that operate for the immediate and long-term protection of refuge-seekers and the policy considerations that affect contemporary State attitudes to such groups

the legal problems affecting national interpretations and application of refugee concepts, with particular emphasis on definitional problems, status determination procedures and non-refoulement.

The course will focus mainly on the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol, supplemented by additional materials that assist in the interpretation, construction and critique of these instruments. Particular attention will be paid to national implementation of refugee protection and status determination procedures in Australia, comparing and contrasting the approach taken, where appropriate, with that of other nations.

For an overview of this course, learning outcomes, indicative assessment and workload requirements, please refer to Programs and Courses. The class summary will be published on Programs and Courses two weeks prior to the teaching start date.