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International Law and Israel-Palestine (LAWS70344)
Graduate coursework level 7Points: 12.5Not available in 2023
To learn more, visit 2023 Course and subject delivery.
Overview
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In 1993, the Israelis and the Palestinians signed a Declaration of Principles initiating a peace process that promised to deliver a solution to the Israeli– Palestinian conflict within five years. Nearly 20 years later, the peace process is in tatters and the prospects of a peace agreement between the parties have never seemed bleaker. The failure to reach a political settlement on issues such as refugees, Jerusalem and settlements, which also have a strong international legal dimension, has given rise to a range of questions about the role of international law in the Israeli–Palestinian peace process and in peace processes more generally. This subject explores these questions critically and comparatively with reference to other conflicts, including East Timor, Western Sahara and Cyprus. In addition to her academic work, the lecturer has direct practical experience of the Israeli–Palestinian conflict and has lived in the Gaza Strip, working with a human rights organisation.
The subject will be split into parts.
History and the international legal framework
Principal topics will include:
- The legal history of the Israeli–Palestinian conflict
- The right of self-determination: From East Timor to the Western Sahara and the West Bank
- Revisiting the history of the international law of self-determination: The untold story of population transfer
- The law of statehood and recognition
- The international law of occupation
- The applicability of international human rights law to occupied territory
- The Israeli–Palestinian peace process: From Oslo to the road map to peace.
International law and the two-state solution
Principal topics will include:
- Refugees
- Settlements and settlers
- Jerusalem
- Case study: The Wall.
Alternative models
- Transitional justice: Peace-building, reconciliation and dealing with the past
- One-state solution; earned sovereignty; international trusteeship.
This subject will finish with an assessed, student-run Israeli–Palestinian peace conference.
Intended learning outcomes
A student who has successfully completed this subject should:
- Understand and be able to use foundational concepts of public international law
- Understand the Israeli-Palestinian conflict in historical and comparative perspective
- Be familiar with the history and legal history of the Israeli-Palestinian conflict
- Understand the principal sources and rules of international law applicable to the Israeli-Palestinian conflict
- Understand the substance and significance of the debates over the current status of the Gaza Strip
- Be equipped to engage in legal analysis of the core issues in the Israeli-Palestinian conflict
- Be better able to analyse critically and legally the two-state solution and its alternatives.
Last updated: 22 February 2024
Eligibility and requirements
Prerequisites
Successful completion of LAWS70173 International Law 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: 22 February 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Assessment 1: Peace conference participation | 10% | |
Assessment 2, Option 1: Take-home examination | 90% | |
Assessment 2, Option 2: Research paper on a topic approved by the subject coordinator
| 90% |
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: 22 February 2024
Dates & times
Not available in 2023
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.
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
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: 22 February 2024
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. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Laws Course Graduate Diploma in Legal Studies Course Graduate Diploma in International Law Course Master of Public and International Law - 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: 22 February 2024