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Histories of International Law (LAWS90109)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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This subject offers a history of the role of legal thought in international politics from the late middle ages (1300) to the present. It examines the development of legal thought in its context, as part of religious, economic and ideological projects that have often coincided with efforts to strengthen the power of European nations vis-à-vis each other and in the colonies, and with resistance to those efforts. Particular attention is given to describing the development of legal thought as a whole, combining aspects of public law sovereignty with those of private law and the right to property. What will emerge is a description of law as a vocabulary that has been used (and continues to be used) to seize, exercise and challenge international power in its many manifestations. The chronology will extend from debates over the power of the church vs. state in the late middle ages, the justification of empire and free trade from the 16 th and early 17 th centuries, the consolidation of “European Public Law” in the 18 th century, and the various transformations undergone by “modern” international law in its liberal and neoliberal forms from the late-19 th to the late-20 th centuries.
Principal topics include:
- International law and historical method;
- History of the notion of dominium as both “sovereignty” and “property”;
- Histories of empire, colonialism and international law;
- History of international law and raison d’état;
- The construction of ius naturae et gentium as an academic discipline (Germany);
- International law and the expansion of Britain;
- The rise of “modern” international law (19 th century);
- Debates over principles of sovereign equality and non-intervention in the era of decolonisation;
- The complexities of “professional international law” (20 th century); and
- International law and the history of economic liberalisation.
Intended learning outcomes
A candidate who has successfully completed the course should be able to
- Think about international law historically;
- Analyse the relations between public international law and private (especially property) law;
- Understand international law’s relationship to diplomacy and the practices of raison d’état;
- Understand the relationship between the development of European international law and European colonization;
- Reflect critically upon what it meant for international law to become a ‘profession’;
- Link 20 th century globalization to the development of legal doctrines and institutions; and
- Think about law as an intellectual discipline (and not merely a “craft”).
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
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 |
---|---|---|
Class Participation | 10% | |
Research paper, due within 3 weeks from end of teaching period
| 3 Weeks after the end of teaching | 90% |
Additional details
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
Time commitment details
150 hours
Additional delivery details
This subject has a quota of 60 students. Please refer to the Melbourne Law School website for the JD Quota Elective selection process.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
- Specialist printed materials will be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - 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