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International Law and the Use of Force (LAWS70078)
Graduate coursework level 7Points: 12.5Not available in 2021
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
Overview
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The question of the use of force is one of the most controversial both in international law and international relations. Different states, civil society and international lawyers have held over time (wildly) diverse opinions about the legality and the legitimacy of events such as the bombing of Syria by the US/UK/France in early 2018, Russia's annexation of Crimea in 2014, the exercise of the international community's 'responsibility to protect’ in Libya in 2011 and the 2003 invasion of Iraq, as well as debates over the possibility of a 'pre-emptive strike’ against North Korea or Iran. This subject provides a doctrinal, theoretical, and historical account of the relationship between international law and war that is centered on a wide range of case studies. On the one hand, we will focus on major contemporary debates about the regime established since 1945 and the promulgation of the UN Charter. Namely, we will examine the specific arguments states and international organisations (such as the UN, NATO or the African Union) have used in order to justify their resort to violence and the way other states, international organisations, courts or other groups (especially those at the receiving end of this violence) have responded to these arguments. For example, this subject is structured around questions such as the legality of 'humanitarian intervention’, the possibility of lawfully launching 'preemptive strikes’ against a perceived threat, the question of whether a state can invoke its right to self-defence against non-state actors, the use of nuclear weapons, targeted killing and the authority of the UN Security Council to authorise violence. On the other hand, this subject invites students to think contextually, historically and critically about these legal debates. We will discuss both earlier legal regimes pertaining to war (for example, that of the League of Nations) as well as arguments about the radical transformation of the relevant law since 9/11. We will also ask broader questions about the ways in which legitimate violence is allocated between different actors by international law and how this allocation shapes international and domestic politics.
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 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 historical evolution of relationship between international law and war and the different visions of the state, the economy and the international order that are linked to these historical changes.
Last updated: 1 June 2023
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
AND
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70173 | International Law |
July (Online)
March (Online)
|
12.5 |
or an equivalent subject, or appropriate practical experience.
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: 1 June 2023
Assessment
Description | Timing | Percentage |
---|---|---|
Research paper on a topic approved by the subject coordinator
| 3 February 2021 | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 1 June 2023
Quotas apply to this subject
Dates & times
Not available in 2021
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: 1 June 2023
Further information
- Texts
Prescribed texts
Specialist materials will be made available from 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 Master of Laws Course Master of Law and Development Course Master of Public and International Law Course Graduate Diploma in Legal Studies - 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: 1 June 2023