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Comparative Foreign Affairs Law (LAWS90084)
Graduate courseworkPoints: 12.5Not available in 2020
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
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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: 30 January 2024
Eligibility and requirements
Prerequisites
Admission into a Melbourne Law Masters program
OR
Admission into the MC-JURISD Juris Doctor
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: 30 January 2024
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Class participation | Throughout the teaching period | 10% |
Research paper on a topic approved by the subject coordinator
| 90% | |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2020
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: 30 January 2024
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 Graduate Diploma in International Law Course Juris Doctor Course Graduate Diploma in Government Law Course Master of Public and International Law Course Graduate Diploma in Legal Studies 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.
- 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: 30 January 2024