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Unit outline_

LAWS5216: International Law and China

Semester 1, 2023 [Normal day] - Camperdown/Darlington, Sydney

The unit covers the practice and perspectives of China on international law (including international economic law) and the impact of a rising China on the rule-based world order. It critically assesses Chinas international legal behaviour and evaluates the growing influence of China in the development of international law and institutions. Topics covered may include China's historical engagement with international law, Chiense domestic law and politics and their impact on China's foreign policy and international legal behaviour, China's territorial and maritime disputes with other nations, Chinese practice on the law of treaties, jurisdiction and immunities, human rights, the environment and the use of force, the question of Taiwan, the questions of Xinjiang and Tibet, Hong Kong and Macau and One Country Two Systems, Chinas integration in the global trade and financial systems, Belt and Road initiatives and international economic law, etc. The syllabus of the unit and its assessment are designed to develop your knowledge, skills and competence in the critical understanding of the complex relationship between the international legal order and an emerging superpower that subscribes to a distinctive set of social, historical and cultural assumptions and practices. The unit requires that you have studied the unit of Public International Law. Pre-existing knowledge of Chinese law or Chinese language is not required.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS3516
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Bing Ling, bing.ling@sydney.edu.au
Lecturer(s) Bing Ling, bing.ling@sydney.edu.au
Type Description Weight Due Length
Assignment hurdle task Mid-Term Assignment
Essay
50% Week 09
Due date: 28 Apr 2023 at 12:00

Closing date: 05 May 2023
3000 words / 7 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment hurdle task Short Release Final Assignment
Problem
50% Week 13
Due date: 26 May 2023 at 12:00

Closing date: 28 May 2023
3,000 words / 3 days
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
hurdle task = hurdle task ?

Assessment summary

Mid-Term Assignment (50%): The topic of the assignment will be released by Monday, 27 February 2023. The Mid-Term Assignment involves an essay question and must be no more than 3,000 words. It is due at 12 noon, 28 April 2023, and is worth 50% of the final mark. Students must retain pre-submitted drafts of their assessments on file. Special consideration, if granted, will take the form of an extension not exceeding 7 calendar days (noon 5 May 2023). Special consideration after the closing date (as specified in the Assessment Table), will be at the discretion of the Unit Coordinator. 

 

Short Release Final Assignment (50%): The Short Release Final Assignment is an assignment that students must complete within 72 hours. It will be released by 12 noon, 23 May 2023. The Final Assignment involves a problem question and must be no more than 3,000 words. It is due at 12 noon, 26 May 2023, and is worth 50% of the final mark. Students must retain pre-submitted drafts of their assessments on file. Special consideration, if granted, will take the form of an extension not exceeding 48 hours (noon 28 May 2023). Special consideration after the closing date (as specified in the Assessment Table), will be at the discretion of the Unit Coordinator. 

 

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 editors (including proof-readers) is not permitted in the preparation of work submitted for Assessment.

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 a 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 5% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 12 noon but before 11.59pm on the due date for submission will attract a 5% penalty. A submission on the following day after 12 midnight will attract a 15% 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.

WK Topic Learning activity Learning outcomes
Week 01 China’s historical engagement with international law Lecture (4 hr)  
Week 02 Nature and sources of international law Lecture (4 hr)  
Week 03 Treaty in domestic law Lecture (4 hr)  
Week 04 Territorial disputes Lecture (4 hr)  
Week 05 Law of the sea Lecture (4 hr)  
Week 06 Taiwan Lecture (4 hr)  
Week 07 Jurisdiction and extradition Lecture (4 hr)  
Week 10 Human rights Lecture (4 hr)  
Week 11 Peaceful settlement of disputes Lecture (4 hr)  
Week 12 Hong Kong & One Country Two Systems Lecture (4 hr)  

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online or face-to-face attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting 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 https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376.

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

There is no prescribed textbook for the course. Reading materials are available through download links that are provided on the unit’s Canvas page.

At present, there are relatively few texts in this area. However, there is a substantial amount of literature and material available on the internet and in the library. Students who wish to prepare for the course should, in addition to reading the prescribed materials, read generally about China and recent Chinese history, particularly in relation to developments in Chinese law and Chinese foreign policy. Some books and materials may be available through the University of Sydney Library Closed Reserve for this subject. They include hard copies of books and electronic sources.

Important sources of information relevant to this unit include:

Primary Sources on International Law

Primary sources on Chinese Law and Policy

Useful Databases and Websites

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. demonstrate a broad understanding of Chinese practice and perspectives on international law, and their impact on the development of international law and institutions
  • LO2. analyse and assess both the immediate and long-term challenges posed by a rising China to the rule-based world order
  • LO3. analyse and assess the interrelationship between China’s international legal behaviour and its domestic law and politics
  • LO4. demonstrate a broad understanding on the role of international law in the social and economic reform and cultural transformation in modern China
  • LO5. carry out independent research in the area of international law and China.

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.

None.

Additional costs

None.

Site visit guidelines

Not applicable.

Work, health and safety

None.

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.