units

LAW7026

Faculty of Law

30 January 2012 13 February 2012

Postgraduate - Unit

print version

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2012 (On-campus block of classes)
City (Melbourne) Second semester 2012 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

Synopsis

Topics include: an introduction to public international law and international human rights law concepts; the theories, philosophical foundations and historical development of international human rights law; universality and cultural relativism; the international human rights institutions and enforcement mechanisms; an overview of the different types of rights (civil and political rights; economic social and cultural rights); restrictions on rights, including derogation, qualifications and limitations; and the relevance of international human rights law to Australian law and practice.

Outcomes

On completion of this subject students should understand and be able to critically analyse, research and apply the following knowledge:

  • the basic concepts underlying public international law and international human rights law concepts;
  • the competing theories and philosophical foundations of international human rights, and the historical development of modern international human rights law;
  • the debates surrounding the universality, cultural relativism and/or pluralistic nature of human rights;
  • the international human rights institutions and enforcement mechanisms, focussing on the treaty and charter based systems;
  • the scope and content of civil and political rights;
  • the scope and content of economic, social and cultural rights, including debates surrounding their justiciability;
  • the ability to restrict the application of rights in certain circumstances subject to certain requirements, including derogation, qualifications and limitations; and
  • the relevance of international human rights law to Australian law and practice.

Assessment

Research essay (max 7,500 words): 100%
OR
Two research essays (max 3,750 words each): 50% each

Chief examiner(s)

Dr Heli Askola (Semester 1)
Dr Julie Debeljak (Semester 2)

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)