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Unit outline_

LAWS3434: International Human Rights Law

Semester 2, 2024 [Normal day] - Camperdown/Darlington, Sydney

This unit of study introduces students to the principles and practice of international human rights law - a species of international law and policy and a field of ever-expanding dimensions. It will introduce students to key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: What happens when we regard a situation or predicament as one involving a breach of international human rights law What possibilities and problems does this entail Addressing these questions, we will look at: (a) particular fora where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) particular settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS1018 or LAWS1023
Corequisites
? 
None
Prohibitions
? 
LAWS5134
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator David Kinley, david.kinley@sydney.edu.au
Tutor(s) David Kinley, david.kinley@sydney.edu.au
The census date for this unit availability is 2 September 2024
Type Description Weight Due Length
Assignment Research assignment (30%)
Annotated Bibliography - 15 referenced sources & 300-500 word commentary
30% Week 09
Due date: 27 Sep 2024 at 23:59

Closing date: 11 Oct 2024
300-500 words / 9 weeks
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment Essay (70%)
Research essay - long release
70% Week 13
Due date: 03 Nov 2024 at 23:59

Closing date: 17 Nov 2024
3000 words /12 weeks
Outcomes assessed: LO1 LO4 LO3 LO2

Assessment summary

An Annotated Bibliography (30%) must be submitted before 27 September 2024, at 23:59 (Sydney, Australia time). It must comprise no more than 15 research sources that you believe will best enable you to address one of the essay topics released in Week 2. No more than of 5 of the listed sources may be drawn from the Unit’s reading list and/or lectures; the remainder must be drawn from your own research efforts. Each source must be fully and accurately cited in compliance with the Australian Guide to Legal Citation.

A commentary (300-500 words) must accompany your chosen references. The purpose of the commentary is to explain how and why your chosen references best inform the approach you propose to take in addressing your chosen essay topic.

The Annotated Bibliography will be assessed both on the appropriateness of the listed sources in addressing the essay topic and on the reasoning employed to explain such appropriateness in the accompanying a commentary (300-500 words). As such be sure to give due consideration to the breadth and depth of sources as befits how you propose to address the essay topic.

Detailed information for each assessment can be found on Canvas.

A Research Essay (70%) of no more than 3,000 words (no bibliography is required for the final essay) addressing one topic is to be submitted by 3 November 2024, at 23:59 (Sydney, Australia time).  The essay topics will be released in Week 2.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes provided they are merely descriptive (that is, not discursive). No bibliography is required for the final Essay assignment.   

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard. 

Result name 

Mark range 

Description 

High distinction 

85 - 100 

• Completely answers the question. 
• Contains striking originality of approach or analysis. 
• Demonstrates exhaustive or innovative research (where independent research 
required). 
• Exceptionally well written, structured and expressed. 
• Is otherwise exceptional in some way. 

Distinction 

75 - 84 

• Completely answers the question. 
• Achieves a critical and evaluative approach to the issues. 
• Content and structure is well organised in support of the argument. 
• Demonstrates extensive research and analysis to support a well-documented 
argument. 
• Generally well expressed and free from errors. 
• Has a clear structure and is well articulated. 

Credit 

65 - 74 

• Covers main issues fairly well in answering the question. 
• Contains no significant errors 
• Demonstrates an attempted critical approach to the issues. 
• Demonstrates reasonably sound research and analysis in addressing the key issues. 
• Has a clear structure and reasonably clear expression. 

Pass 

50 - 64 

• Identifies the key issues, but does not follow through with a reasoned argument. 
• Contains some significant errors. 
• Displays satisfactory engagement with the key issues. 
• Offers descriptive summary of material relevant to the question. 
• Superficial use of material, and may display a tendency to paraphrase. 
• Demonstrates little evidence of in-depth research or analysis. 
• Adequate expression. 
• Overall, demonstrates the minimum level of competence in the assessment and 
satisfies the requirements to proceed to higher-level studies in the degree or subject 
area. 

Fail 

0 - 49 

• Does not answer the question. 
• Contains significant or numerous errors. 
• Few or no identifiable arguments. 
• Content that is inappropriate or irrelevant. 
• Lack of research or analysis. 
• Difficult or impossible to understand through poor grammar, expression or 
structure. 
• Overall, does not demonstrate the minimum level of competence in the 
assessment. 

 Guide to Grades. 

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof. For example a submission after the assignment deadlines of 23:59pm but before the same time the following day will attract a 10% penalty. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 Histories of human rights and the ‘International Bill of Rights’ Lecture (2 hr) LO1 LO2 LO3 LO4
What are human rights? Seminar (2 hr) LO1 LO2 LO3 LO4
Week 02 International human rights law in theory and practice Lecture (2 hr) LO1 LO2 LO3 LO4
International enforcement: hopes and expectations Seminar (2 hr) LO1 LO2 LO3 LO4
Week 03 ‘The Nexus’: International Human Rights in domestic legal orders Lecture (2 hr) LO1 LO2 LO3 LO4
Human rights in Australia: laws & institutions Seminar (2 hr) LO1 LO2 LO3 LO4
Week 04 Human rights critiques, critics and criticisms Lecture (2 hr) LO1 LO2 LO3 LO4
Case study: current issues and dilemmas Seminar (2 hr) LO1 LO2 LO3 LO4
Week 05 Human rights, aid and development Lecture (2 hr) LO1 LO2 LO3 LO4
Case study: right to adequate standard of living Seminar (2 hr) LO1 LO2 LO3 LO4
Week 07 Equality and human rights Lecture (2 hr) LO1 LO2 LO3 LO4
Case study: affirmative action in Australia and the USA Seminar (2 hr) LO1 LO2 LO3 LO4
Week 08 The privatisation of human rights Lecture (2 hr) LO1 LO2 LO3 LO4
Case study: corporations and human rights Seminar (2 hr) LO1 LO2 LO3 LO4
Week 09 International human rights law and international humanitarian law Lecture (2 hr) LO1 LO2 LO3 LO4
Case study: Rights to health & environment Seminar (2 hr) LO1 LO2 LO3 LO4
Week 11 Right to a fair trial and international criminal law Lecture (2 hr) LO1 LO2 LO3 LO4
Case study: protection from torture, inhuman and degrading treatment Seminar (2 hr) LO1 LO2 LO3 LO4
Week 12 Human rights, democracy, and transition Lecture (2 hr) LO1 LO2 LO3 LO4
Case study: freedom of expression and the right to privacy Seminar (2 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

McBeth, Nolan & Rice, The International Law of Human Rights (OUP; 2nd edn, 2017).

David Kinley, The Liberty Paradox: Living with the Responsibilities of Freedom (JHUP, 2024)

All other readings for this unit can be accessed directly through hyperlinks or through the Library Reading List, available on Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. formulate, articulate, and substantiate written and oral arguments using key international human rights law and principles, in relation to a range of scenarios and issues
  • LO2. develop and deploy an independent, strategic sense of the potential and pitfalls of international human rights law by reference to contemporary literature in this field
  • LO3. listen to, strive to comprehend, and respond constructively to legal and policy arguments formulated by others, including fellow students
  • LO4. explain and critique particular dimensions of international human rights law scholarship and practice by reference to contemporary literature in this field

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.