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Unit outline_

LAWS3478: Development, Law and Human Rights

Intensive February, 2023 [Block mode] - Nepal

The Himalayan Field School is an exercise in experiential learning. The unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries through an immersive and interactive field school conducted over two weeks in Nepal. Hosted by our partner, the Kathmandu School of Law, the unit comprises lectures, seminars and multiple site visits to development agencies, NGOs and government bodies. Themes explored include: • The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of Nepal’s monarchy (including issues of transitional criminal justice, the drafting of a new constitution, and building new legal and political systems reflecting Nepalese and international legal traditions). • The protection of socio-economic rights (including rights to food, water, housing, work and a healthy environment), minority rights (of 'tribals', and 'dalits' castes), and the 'right to development' under constitutional and international law. • The interactions between, and consequences of, local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies, the legal protection of incoming refugees and outgoing migrant workers, and the allocation limited resources in a developing country. • The particular experiences of women in development and human rights processes. • The impact of private sector economic development whether driven by domestic and/or transnational corporations, and attendant issues of regulating corporate social responsibility and combatting modern slavery.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS5178
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator David Kinley, david.kinley@sydney.edu.au
Type Description Weight Due Length
Assignment Reflective Journal (30%)
Reflective journal (long release)
30% Week -01
Due date: 13 Feb 2023 at 23:59

Closing date: 20 Feb 2023
2,000 words / 3 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Research Essay (70%)
Research essay (long release)
70% Week 05
Due date: 20 Mar 2023 at 23:59

Closing date: 03 Apr 2023
4,000 words / 6 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5

Assessment summary

Compulsory Reflective Journal, 2,000 words (max), (30%)(Long Release Assignment)

The purpose of this assignment task is to encourage and assess critical thinking of what you have experienced and learnt throughout the 2 weeks of the HFS. It is neither a ‘simple’ personal diary, nor a full-blown research endeavour. Rather, it requires you to reflect on what struck you most about the unit as a whole, as well as specific events, lectures, site visits or encounters that you found to be especially telling. You are expected to explain how and why these experiences were significant in terms of your personal and/or professional development, knowledge and world views. It is expected that you compile notes and/or write the journal throughout the course of the two weeks (to which end times are specifically allotted in the daily schedule), such that most/all of the groundwork for the assignment is completed by the time the unit ends. Accordingly, the due date (13 February 2023, by 11:59pm Sydney, Australia time) is set for just over a week after the unit concludes. No footnotes, citations or bibliography are to be included in the Reflective Journal.

NB. The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Convenor.

Research Essay, 4,000 words (max), (70%)(Long Release Assignment)

An essay of no more than 4,000 words addressing an essay topic (released at the conclusion of the unit) to be submitted by 11:59pm on Monday 20 March 2023 (Sydney, Australia time) via Canvas. 

The word count is INCLUSIVE of footnotes.

A bibliography is not required provided your footnote citations are complete and accurate. Abbreviated cross-referencing is permitted, provided it too is accurate. 

NB. The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Convenor.

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).  

Assessment requirement 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 2014 (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.
  • Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.

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.

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 calendar day or part thereof.

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.

WK Topic Learning activity Learning outcomes
Week 01 1. Inauguration; 2. Introduction to the Nepalese legal system from a historical perspective; 3. Local governance in federal Nepal; 4. Introduction to law, development and human rights Seminar (7 hr) LO1 LO2 LO3 LO4 LO5
Rule of law, good governance, aid and development Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
1. Constitutional and modern legal development in Nepal; 2. Poverty and the global economy and human rights: the case of Nepal Seminar (4 hr) LO1 LO2 LO3 LO4 LO5
Human rights implications of private sector development Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 02 1. Overview/briefing of Melamchi Water Supply case study and World Bank biogas and housing projects site visits Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
1. Melamchi water supply tunnel project work site; 2. Reflections on community meetings 3 The 'promises and perils of philanthropy in development' 4. KSL as a 'development model' after 25 years Seminar (5 hr) LO1 LO2 LO3 LO4 LO5
1. New ways of financing development 2. Gender and socio–economic rights under Nepalese law 2. The right to development and rights-based approaches to development; 3. Environmental law and justice in Nepal Seminar (4 hr) LO1 LO2 LO3 LO4 LO5
1. Modern slavery 2. Litigating human rights and sustainable development Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
1. The theory and practice of protecting socio–economic rights under Nepalese law; 2. Criminal justice system and civic advocacy in Nepal; 3. Regional geopolitics, Nepal and international law Seminar (6 hr) LO1 LO2 LO3 LO4 LO5
The future of development and human rights Seminar (2 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

  • Attendance: All students are required to attend 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 sitting the final assessment, and being discontinued from the unit of study, resulting in an Absent Fail or Discontinue - Fail grade. 
  • Referencing: The assessment cover sheet requires you to declare that the work of others has been fully acknowledged by way of reference, including where appropriate, quotation marks. 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, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376
  • Assignment submission: Students are required to submit their assignment in electronic form via Canvas by the submission deadline. Failure to submit by this deadline may result in penalties for lateness; the Sydney Law School reserves the right not to mark assignments that are not submitted via Canvas. A hard copy should also be submitted at the University of Sydney Law School reception. An assignment cover sheet must be submitted with the hardcopy version only. By submitting via Canvas you have agreed to the conditions.

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

All readings are set out in the Daily Schedule and 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. Appreciate and understand first hand, the breadth and depth of human rights and legal problems as well as possibilities facing developing countries.
  • LO2. Gain practical experience of how government agencies, international organisations and civil society operate in developing countries.
  • LO3. Formulate, articulate and substantiate written and oral arguments using key features of the interaction between development and human rights laws and principles, in relation to a range of scenarios and issues.
  • LO4. Develop and deploy an independent, strategic sense of the potential and pitfalls of how human rights laws and principles intersect with the machinations of the global economy generally and its impact on development specifically, by reference to contemporary literature, policies and practices in this field.
  • LO5. Listen to, comprehend and respond constructively to legal and policy arguments formulated by others, including fellow USyd and KSL students and KSL lecturers, and to be able, accordingly, to communicate effectively your considered opinions and views.

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.

Minor changes to the assessment regime of this unit have been made since it was last offered.

Additional costs

Information available on Canvas site.

Work, health and safety

Information available on Canvas site.

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.