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Development, Labour and Human Rights (LAWS90018)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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The proper role to be played by labour standards and human rights in the construction of the international economic order, and in the development process, is an intricate issue and a matter of controversy. This subject examines the relationship between (economic) development and labour law – exploring the place of rights within both investment and trade-led development models, and the contrasting social justice-based developmental approaches.
In investigating the role of labour law in development, this subject interrogates the rationales, content, institutions and regulatory frameworks relating to labour standards and human rights at regional and international levels. This entails not only a technical analysis of transnational instruments and supervisory structures but also detailed consideration of underlying political and economic concerns. Such regulatory frameworks for labour that have prevailed in the global ‘North’ have been the basis of transplantation and experimentation in the 'South', and might obscure the actual characteristics of labour relations in the ‘South’. The subject examines the redefinition of labour law, paying close attention to North-South relations in the regulation of labour; to the relationship between labour rights and human rights; and to the limits of rights discourse.
Attention will be given to various case studies. Illustrative topics include:
- Introduction: Re-imagining labour law for development
- Labour and the turn to human rights discourse
- The changing nature of work: informalisation, ‘precariatisation’, and the rise in low quality work
- Defining labour in the global North and the global South: Unpaid labour, family employment and care work
- Setting, supervising and enforcing international labour standards
- ‘Core’ labour rights and the International Labour Organisation
- Development, free trade and labour rights: socio-economic rights as a condition of international trade
- Competing regimes and norms on migrant labour
- The regional and sub-regional dimension: the European Union, the African Union and the Association of Southeast Asian Nations
- Labour dimensions of codes of conduct, social labelling and investor initiatives: effectiveness and legitimacy
- ‘Post-industrial’ labour law in the global North and South: Alternative models of social protection and social justice, Universal Basic Income and employment guarantees
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the ideas, doctrines and framework sustaining international labour rights and human rights in particular with respect to development processes
- Be able to critically examine, appraise, interpret and assess labour and human rights law, not only on their own terms, for example for clarity, consistency and coherence, but also from other points of view
- Be an engaged participant in debates regarding emerging and contemporary issues in the field, such as the informalisation of labour, ‘core’ labour rights, and the growth of the regional dimension of a labour law for development
- Be able to relate the legal rules to the experience in practice of those whom they most directly concern, considering the impact of labour regulation and human rights norms on workers, developing states, multinational enterprises, and their function in society and the global economy more generally
- Have developed analytical and research skills, as well as the capacity to understand and evaluate complex legal sources and literature, and literature in related disciplines
- Have the cognitive and technical skills to generate critical and creative ideas relating international labour rights and human rights in relation to development, and to critically evaluate existing legal theories, principles and practices with creativity and autonomy
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to international labour rights and human rights in particular with respect to development processes
- Have the communication skills to clearly articulate and convey complex argumentation regarding labour law and human rights in developing and industrialised economies.
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 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: 30 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 20-23 September | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 21 October | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Converting assessment statement from legacy format (free-text) to structured format (assessment builder tool).
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
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: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from the 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: 30 January 2024