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Australians Detained Abroad (LAWS70407)
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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According to the Department of Foreign Affairs and Trade, at least two Australians per day are arrested in an overseas country in relation to alleged offences. Many of those arrested are subsequently detained and their detention poses challenges related to consular assistance and for effective legal representation. This subject considers the international legal obligations of detaining States to allow consular access to foreign detainees and the role Australian authorities regularly play. It will also expose some of the challenges of coordinating legal representation both in Australia and in the detaining country. This subject is unique in Australia and the lecturers will draw on their extensive practical experience and their academic scholarship to present relevant, topical and cutting-edge material.
Principal topics include:
- Alternative bases for the exercise of national criminal jurisdiction
- Privileges and immunities
- Consular assistance and the law of consular relations
- Australia’s national approach to the provision of consular assistance
- The appointment of legal counsel in the detaining State and in Australia
- Case studies of selected Australians detained abroad.
Intended learning outcomes
A student who has successfully completed this subject will:
- Be conversant with the obligations of detaining states pursuant to the Vienna Convention on Consular Relations 1963 and customary international law
- Be familiar with the International Court of Justice’s jurisprudence on the international law of consular relations
- Understand the Australian Government’s approach to the provision of consular assistance and the policy factors that influence different levels of assistance
- Appreciate some of the challenges involved in co-ordinating legal representation both in Australia and in the detaining country.
Last updated: 10 November 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 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: 10 November 2023
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination | 100% | |
Option 2: Research paper on a topic approved by the subject coordinator
| 100% |
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: 10 November 2023
Dates & times
Not available in 2021
Time commitment details
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: 10 November 2023
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
- Related Handbook entries
This subject contributes to the following:
- 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: 10 November 2023