Skip to main content
Unit outline_

LAWS5175: Philosophy of International Law

Semester 1, 2024 [Normal evening] - Camperdown/Darlington, Sydney

This course examines and evaluates traditional theories of law through the lens of their deployment in the changing context of world society and global governance. It has been supposed that there is no difference in kind between the law internal to a state, and that which exists in the global arena. But the rapid development of norms and institutions used in global governance over the last half century has cast doubt on this assumption. The course surveys leading theories of law and attempt to apply them to the vast and evolving array of international law-related activity. Topics include the nature and role of customary law, enforcement and compliance, transnational authority, 'hard' and 'soft' law, human rights, and international responsibility, among others.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS3475
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Michael Sevel, michael.sevel@sydney.edu.au
The census date for this unit availability is 2 April 2024
Type Description Weight Due Length
Assignment Essay (long-release) (60%)
Written essay
60% Formal exam period
Due date: 03 Jun 2024 at 09:00

Closing date: 13 Jun 2024
4500 words / 5 weeks
Outcomes assessed: LO1 LO2 LO3
Short release assignment Mid-semester report (short-release assignment) (40%)
Short-release assignment
40% Mid-semester break
Due date: 02 Apr 2024 at 17:00

Closing date: 10 Apr 2024
1500 words / 5 working days
Outcomes assessed: LO1 LO2
Assignment Essay outline (non-graded) (0%)
Written outline
0% Week 10
Due date: 29 Apr 2024 at 09:00

Closing date: 10 May 2024
500 words
Outcomes assessed: LO1 LO2

Assessment summary

Mid-semester report (short-release assignment) (40%): Consists of one essay question requiring exegesis of key texts and/or arguments discussed in lecture, up to 1500 words in length. This word count does not include references. The question will be released on to students on the Canvas site on 22 March 2024 at 9:00am (Sydney, Australia time) and due on 2 April 2024 at 5:00pm (Sydney, Australia time). The assignment is designed to develop your understanding of what the rule of law is and to acquire a working understanding of various jurisprudential theories of the rule of law. (See learning outcomes 1 and 2). 

Essay outline (non-graded) (0%): Students will be required to submit 500 words outline of a proposed topic for their research essay for prior approval before commencing work on the Essay. The Outline should include an explanation of the connection between the topic chosen and the unit objectives. The due date is on 29 April 2024 at 9:00am (Sydney, Australia time). The submission of the Research Outline by this date enables feedback on both the initial formulation of the essay question, and the initial research with respect to the research essay. 

Essay 4500 words (long-release assignment) (60%): An independent research essay on a topic of the student’s choosing, subject to approval by the lecturer, up to 4500 words in length. This word count does not include references. The topic should engage substantially with some of the key texts, theories, arguments, or themes of the unit. The assignment is designed to develop your understanding of theories of the rule of law and why it is valuable, as well as to your ability to assess the practical significance of those theories in modern politics. (See learning outcomes 1, 2, and 3.) The Essay is due on 3 June 2024 at 9:00am (Sydney, Australia time). 

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 and any bibliography (if required). 

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 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 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.

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. For example, a submission after (due time) but by 11.59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. 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 Introduction, Theories of Law: Positivism Seminar (3 hr) LO1 LO2 LO3
Week 02 Theories of Law: Natural Law, Interpretivism Seminar (3 hr) LO1 LO2 LO3
Week 03 International Law: Classical Theories Seminar (3 hr) LO1 LO2 LO3
Week 04 International Law: Modern Theories Seminar (3 hr) LO1 LO2 LO3
Week 05 Critiques of Theories of Law 1 Seminar (3 hr) LO1 LO2 LO3
Week 06 Critiques of Theories of Law 2 Seminar (3 hr) LO1 LO2 LO3
Week 07 Sources, Custom, and Enforcement in International Law Seminar (3 hr) LO1 LO2 LO3
Week 08 Legitimacy and Sovereignty Seminar (3 hr) LO1 LO2 LO3
Week 09 Self-determination and Human Rights Seminar (3 hr) LO1 LO2 LO3
Week 10 Maritime Law and International Environmental Law Seminar (3 hr) LO1 LO2 LO3
Week 11 Legal Pluralism Seminar (3 hr) LO1 LO2 LO3
Week 12 Laws of War and Global Justice Seminar (3 hr) LO1 LO2 LO3
Week 13 Conclusion Seminar (3 hr) LO1 LO2 LO3

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 submitting 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, and 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

The prescribed readings will be contained in the Reading Guide that will be available on Canvas under 'Reading list'. 

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. acquire a working knowledge of traditional theories of law and their possible applications to international law
  • LO2. learn and critically engage with critiques of those theories and those applications
  • LO3. develop a reflective understanding of the nature and sources of international law as it has evolved over the last several decades

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.