International Law and the Use of Force (LAWS70078)
Graduate coursework level 7Points: 12.5Not available in 2018
About this subject
Overview
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The international law on the use of force has (again) become central in decision-making around war and peace. Conflicts in Iraq, Kosovo and Afghanistan were partly defined by the legal debates that preceded and followed them. This subject will examine the regulation of inter-State violence. It will pay particular attention to the Iraq War of 2003 and will seek to read international law (particularly the relevant provisions of the United Nations (UN) Charter and associated Security Council resolutions) through the various ‘secret’ documents released by the Iraq (Chilcot) Inquiry (United Kingdom) into the war.
Principal topics will include:
- Historical approaches to the legal regulation of the use of force
- The concept of ‘force’ and exclusion from legal regulation of economic or political coercion
- Scope of the general prohibition on the use of military force in Article 2(4) of the UN Charter
- UN Charter framework for collective security and resort to force
- Scope of the right of self-defence, including anticipatory or collective self-defence
- Right to rescue nationals in foreign territory and right of humanitarian intervention
- International crime of aggression
- Legal analysis of the so-called ‘War on Terror‘
- Case studies on legitimacy of NATO bombing in Kosovo, Coalition of the Willing intervention in Iraq and the Georgia-Russia conflict
- The relationship between the jus ad bellum and the jus in bello.
Intended learning outcomes
A student who has successfully completed this subject should:
- Be conversant with the scope of the various exceptions to the legal prohibition on the resort to military force
- Be able to critically evaluate purported justifications for resort to military force and understand arguments for and against the legal validity of such claims
- Be familiar with the approach of the United Nations Charter framework for the international legal regulation of resort to force and understand the relationship between this principal treaty regime and customary international law
- Understand the interplay between law and politics in this sensitive area of national decision making and policy.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of Principles of International Law or an equivalent subject, or appropriate practical experience
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS70173 | Principles of International Law |
March (On Campus - Parkville)
September (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
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
10,000 word research paper (100%) on a topic approved by the subject coordinator
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2018
Time commitment details
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
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Graduate Diploma in International Law Course Master of Law and Development Course Master of Laws Course Master of Public and International Law - Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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