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Reimagining Human Rights Law (LAWS90049)
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
May
Lecturer
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | May |
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Fees | Look up fees |
This subject considers ways of reimagining the international human rights regime, which is under attack from many quarters. It is said to be ineffectual, hegemonic and ill-equipped for a world that is very different from that of the era in which it was devised, and reliant for its implementation upon outmoded forms of regulation. Another set of critiques focuses on groups at the margins of the international human rights system, including women, indigenous peoples and minority sexual groups, whose human rights are often breached.
This subject reviews these critiques and examines their explanatory force. It considers ways in which the international human rights system can be reconceived to be more effective, drawing on anthropological and socio-legal scholarship. It will focus, first, on the turn to quantification in the human rights field, especially the use of indicators, and whether this is likely to increase protection of human rights. Second, the course will discuss attempts to respond to ‘outsider’ critiques of the human rights system, including the drafting of specialised treaties and instruments. Third, the course will consider the relationship between the formal mechanisms of the human rights system and the mobilisation of human rights ideas and values by social movements and non-governmental organisation. It will examine the social and cultural processes by which international norms and laws become translated into local situations. A unique feature of this course is that it combines the perspectives of international law and legal anthropology in its approach to human rights.
Principal topics include:
- A review of the key mechanisms used to promote the treaty obligations that states have accepted and how these operate
- An examination of some of the major criticisms that have recently been directed at international human rights mechanisms by governments and other key actors
- An overview of the question of evaluating impact in this field, including consideration of the work of scholars who have sought to measure the effect of ratification of human rights instruments
- The development of an ‘indicator culture’ in the human rights field
- An understanding of the role that quantification plays in defining human rights and fostering compliance through increasing accountability
- A review of recent sustained critiques of the human rights regime by scholars such as Stephen Hopgood, Samuel Moyn, Eric Posner, Harri Englund and others
- A discussion of Third World, feminist and queer critiques of the international human rights system
- Analysis of specialised treaties and instruments responding to these critiques, including CEDAW (the Convention on the Elimination of All Forms of Discrimination Against Women), the Istanbul Convention on Domestic Violence and the Yogjakarta Principles
- An introduction to anthropological approaches to the international human rights system
- Examination of human rights in practice, focusing on the way these ideas are mobilised to deal with local issues such as gender violence and indigenous rights.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a sophisticated appreciation of the challenges that the international human rights regime faces
- Be equipped to engage in a probing and constructive manner with the key criticisms and the challenges that they represent
- Understand how to make effective use of some of the principal international treaty regimes in the human rights field
- Be able to analyse the dynamics of applying international normative regimes within domestic contexts
- Have an understanding of anthropological approaches to the international human rights system
- Understand how human rights laws work in practice and in a variety of social contexts
- Develop a socio-legal analysis of law as a source of authoritative norms grounded in a global consensus and an understanding of compliance as based on social pressure, shaming, and civil society mobilisation.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of either of the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50041 | Public International Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50049 | International Human Rights Law | Semester 2 (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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 3 November 2022
Assessment
Additional details
- Class participation (10%)
- Take-home examination (4,000 - 5,000 words) (90%) (5 - 8 July)
or - Research paper (7,000 - 9,000 words) (90%) (14 August) 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
- May
Principal coordinator Hilary Charlesworth Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 24 April 2019 Pre teaching requirements 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. Teaching period 22 May 2019 to 28 May 2019 Last self-enrol date 28 February 2019 Census date 22 May 2019 Last date to withdraw without fail 5 July 2019 Assessment period ends 14 August 2019 May contact information
Lecturer
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
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 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:
- 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.
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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022