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Comparative Foreign Affairs Law (LAWS90084)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
November
Lecturer
Professor David Sloss, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | November |
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Fees | Look up fees |
Constitutions in most countries grant power over external affairs to national (not sub-national) governments and to the political branches (not the courts). However, the allocation of governmental power over external affairs is changing in response to changing conditions. In recent years, executive officials have responded to novel national security threats by appropriating power previously exercised by legislatures. The rapid growth of cross-border activities has given domestic courts a greater role in cases implicating external affairs. The global diffusion of international human rights norms has shifted responsibility for compliance with international legal obligations from national to sub-national governments. The subject will explore these developments. Students interested in the intersection between law and foreign affairs will benefit from this subject.
Professor Sloss is an internationally renowned expert in both United States foreign affairs law and comparative constitutional law.
This subject provides a comparative perspective on the allocation of governmental power over the conduct of external affairs. Subject materials will draw primarily from four countries: Australia, Canada, the United Kingdom and the United States.
Principal topics include:
- An overview of constitutional structure in Australia, Canada, the United Kingdom and the United States
- The division of foreign affairs powers between national and sub-national governments (focusing on Australia, Canada and the United States)
- The division of foreign affairs powers between the legislative and executive branches (focusing on the four main countries, plus Israel)
- The role of the judiciary in cases implicating both external affairs and individual rights (focusing on the four main countries, plus South Africa)
- The scope of immunity granted to foreign sovereigns in the domestic courts of other states (focusing on the four main countries, plus New Zealand).
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of constitutional principles related to the allocation of governmental power over the conduct of external affairs in Australia, Canada, the UK and the US
- Be able to exam, analyse, and critically assess the practical implications of relevant constitutional and statutory principles and rules for the conduct of external affairs
- Be an engaged participant in debates regarding emerging and contemporary issues at the intersection of law and foreign affairs
- Have a sophisticated appreciation of factors and processes that are changing the de facto division of foreign affairs powers between national and sub-national governments, between legislative and executive branches, and between the political branches and the courts
- Have an advanced understanding of the domestic and international legal rules governing the immunity of foreign sovereigns in the domestic courts of other states
- Have an advanced understanding of the ways in which global diffusion of international human rights norms has shifted responsibility for compliance with international legal obligations from national to sub-national governments
- Have the cognitive and technical skills to generate critical and creative ideas relating to the optimal allocation of governmental power over external affairs
- Have the cognitive and technical skills to examine, research and analyse existing and emerging legal issues at the intersection of law and foreign affairs
- Have the communication skills to articulate and convey complex information regarding constitutional and statutory foreign affairs law to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of comparative foreign affairs law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Students should have taken subjects in both constitutional law and international law.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class participation (10%)
- 7,500 - 9,000 word research paper (90%) (26 February 2018) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- November
Mode of delivery On Campus (Parkville) Contact hours 29-33 hours Total time commitment 150 hours Pre teaching start date 1 November 2017 Teaching period 29 November 2017 to 5 December 2017 Last self-enrol date 30 June 2017 Census date 29 November 2017 Last date to withdraw without fail 19 January 2018 Assessment period ends 26 February 2018 November contact information
Lecturer
Professor David Sloss, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Public and International Law Course Graduate Diploma in International Law Course Graduate Diploma in Government Law Course Graduate Diploma in Legal Studies Course Juris Doctor Course Master of Laws - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022