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Statehood in International Law (LAWS70403)
Graduate coursework level 7Points: 12.5Not available in 2024
Overview
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The State has come to assume a profoundly ambivalent form in the contemporary world. While it remains the centrepiece of international legal thought and practice, it is regarded both as a vehicle for authoritarian rule and increasingly as a marginal political form in the context of a globalised and economically inter-dependent world. Despite these tendencies, the State remains the primary mode of ‘emancipation’ for communities around the world (for whom ‘self-determination’ and ‘statehood’ stand as the supreme objects of political action). In this subject, various legal dimensions of this apparent paradox will be explored. An analysis of traditional doctrines of statehood, recognition and self-determination, will be accompanied by an examination of the stakes of independence:
- What are the distributional consequences of self-determination?
- What conditions impinge upon the process and form of independence?
- How does the architecture of sovereignty serve to enhance or hold back broader developmental agendas (the combating of malnutrition, poverty, homelessness, illiteracy etc)?
- What place does ‘Empire’ have in this account?
In the subject of discussion, attention will be given to various case studies, such as Southern Sudan, Kosovo, Palestine and Somalia.
Principal topics will include:
- States and statehood: A historical excursus
- Doctrinal forms: Statehood; recognition; self-determination
- The critics of statism: Anti-authoritarianism, globalisation, nationalism and post-colonial radicalism
- Emancipatory statism: Self-determination, decolonisation and anti-imperialism
- The stakes of statehood: autonomy, succession and the political economy of emancipation
- Failed states, post-colonial and developmental states
- Statehood and the ‘developmental agendas’
- Case studies: Southern Sudan, Kosovo, Palestine and Somalia.
Intended learning outcomes
A student who has successfully completed this subject should:
- Have a thorough understanding of the historical and contemporary legal debates surrounding the question of statehood and sovereignty.
- Show knowledge of, and be able to critically engage with, the relevant legal doctrine on questions such as statehood, recognition, self-determination and succession.
- Be able to deploy such legal analysis in relation to particular case studies.
- Show awareness of the various economic, political, social and cultural dimensions of such analysis.
Last updated: 30 January 2024
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: 30 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Research paper on a topic approved by the subject coordinator
| 100% |
Last updated: 30 January 2024
Dates & times
Not available in 2024
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: 30 January 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:
- 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: 30 January 2024