Post-Conflict State-Building (LAWS70313)
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.
About this subject
Overview
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This subject will be delivered online in 2020 over the scheduled dates.
This subject deals with the body of law and practice that applies to states as they emerge from conflict and try to build strong, prosperous and responsive communities. It lies at the intersection of several bodies of law including international law, international humanitarian law, international human rights law and domestic constitutional law. Many of the issues with which it deals are at the cutting-edge of these fields: the extra-territorial effect of constitutional law; the possibility of a ‘lex pacificatoria’ to govern the ambiguous character of intra-state peace agreements; the legitimacy of constitutions developed with international assistance; the notion of transformative military occupation. The two teachers in this highly innovative subject bring different bodies of expertise to bear on it. Professor Bruce Oswald is an international and international humanitarian law specialist; Laureate Professor Cheryl Saunders works in the area of comparative constitutional law. Both have practical experience of aspects of post-conflict state-building, which informs their approach to teaching and research in the field.
Principal topics include:
- The concepts inherent in post-conflict state-building
- International humanitarian law and the law of occupation
- Current trends in peace-building
- The relevance of constitution building to post-conflict state-building
- Role and use of human rights to protect vulnerable groups
- The relevance of context in post-conflict state-building programs
- Role and contribution of civil society.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the various phases through which a state is likely to pass in the aftermath of major conflict, in theory and by reference to particular recent case studies
- Have an advanced and integrated understanding of the legal regimes that apply or may apply to each phase
- Be able to critically examine, analyse, interpret and assess the linkages between each phase, so as to anticipate difficulties and conceive the process as a whole
- Be an engaged participant in debate regarding the processes, problems, achievements and failures of post-conflict State building
- Have a sophisticated appreciation of the legal and practical limitations on the role of the international community during post-conflict state-building
- Have a sophisticated appreciation of the problems of legal principle associated with post-conflict state-building and the critical capacity to identify and evaluate the options for resolving them in the future
- Have a detailed understanding of post-conflict state-building in an international and human rights context
- Have the cognitive and technical skills to generate critical and creative ideas about the interaction between various areas of public international and domestic law in the context of post-conflict state-building
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging questions of legal principle and practice relating to post-conflict state-building
- Have the communication skills to clearly articulate and convey complex information regarding post-conflict State building to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and student in the field of post-conflict state-building.
Last updated: 8 November 2024
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a Melbourne Law Masters program
AND
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS70173 | International Law |
July (Online)
March (Online)
|
12.5 |
Or an equivalent subject.
Option 2
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - 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: 8 November 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 4 - 7 December | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 20 January 2021 | 100% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 8 November 2024
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: 8 November 2024
Further information
- Texts
- 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.
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.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 8 November 2024