Handbook home
Human Rights Beyond Borders (LAWS70360)
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
| Fees | Look up fees |
|---|
This subject considers whether and to what extent international human rights law applies to the actions of states outside their sovereign territories. The focus is on international law only, not domestic law.
The extra-territorial application of international human rights law is one of the most contested and fast-moving areas of human rights law today. It is concerned with important and high-profile activities performed by states outside their borders, from war to occupation and anti-piracy and migration-related activities. This relatively under-explored area of law is of considerable current interest to governments (including their armed forces), international organisations and human rights non-government organisations (NGOs).
Principal topics include:
- The nature and scope of extra-territorial State activity, from war to occupation, the interception and detention of migrants and ‘pirates’, and the operation of embassies, military bases and detention facilities
- The main contours of international human rights law
- Relevant principles of general international law, including treaty interpretation, and relevant features of human rights law, including applicability in times of war and occupation, and co-application with other areas of law
- Arguments of principle in favour of and against applicability, including concerns about ‘legal black holes’, indirect nationality discrimination, abuses of detainees, double standards and ‘human rights imperialism’
- The main treaty provisions on applicability, including ‘jurisdiction’ and colonial extension clauses
- Key general features of extra-territorial applicability, including the substantive meaning of human rights law extra-territorially, and the relevance to this of self-determination; the possibility of activating ‘derogation’ clauses; and whether human rights treaties can and should apply to the actions of contracting states in the territories of other states not also parties to the same treaties
- The meaning of the two ‘jurisdiction’ triggers for extra-territorial applicability, based on the exercise of control over territory or individuals
- The extra-territorial application of other human rights treaties that use different triggers, notably the anti-discrimination treaties and the 1951 Refugee Convention
- The application and significance of the non-refoulement obligation extra-territorially.
Intended learning outcomes
A student who has successfully completed this subject will:
- Be proficient in understanding and applying the relevant areas of international law
- Have an appreciation of the underlying issues of policy at stake and how they mediate, and are mediated by, the legal framework
- Appreciate the wide range of human rights issues and novel international legal challenges presented by the expanding actions of states outside their sovereign borders
- Have a highly developed understanding of the jurisdictional issues involved
- Have the cognitive and technical skills to independently examine and critically evaluate current issues in this field
- Understand the core principles of international human rights law and their application in different treaty regimes
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and/or advocate in the field of international human rights law
- Have a more sophisticated and critical understanding of, and aptitude for, the law in general.
Last updated: 24 January 2023
Eligibility and requirements
Prerequisites
None
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: 24 January 2023
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 8 - 11 November | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 2 December | 100% |
| Hurdle requirement: A minimum of 75% attendance | 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: 24 January 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: 24 January 2023
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from 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: 24 January 2023