Main points in the IR302 unit outline
International law as an academic subject is broad and technical. Many start by talking about the origins of international law. Then they look at the nature and scope of international law. Most importantly, they cover the subjects and sources of international law.
International law is a key concept in the liberal school of thought in international relations which is a sub field of political science. The unit IR302 International Law in International Relations begins with discussing key terminologies and texts; then we look at how international law relates to international relations; and finally we explore how it governs the behaviour of actors like states, non-state actors and individuals according to liberal scholars.
At the end of the semester, it is expected that you will be able to:
- Identify the key factors that define the relationship between international law and international relations.
- Analyze cases involving subjects like states, non-state actors and individuals using the relevant sources of international law and the theories of international relations as reference points.
- Appraise the application and effectiveness of international law in global governance.
A case-based learning and teaching strategy is employed to help you identify the key factors that define the relationship between international law and international relations. The case study is on the 'asylum seekers issue involving PNG and Australia'. The selected case study is part of the bigger issue of international migration which involves states, non-state actors and individuals.
The story of the MV Tampa outlines the involvement of Norway and Indonesia as well. The MV Tampa was a Norwegian vessel because it flew the Norwegian flag as per Article 91 of the UN Law of the Seas. The vessel sailed past Indonesian territorial seas in order to enter Australian territorial seas. The practical application of terms like; sovereignty, state recognition, territorial seas and nationality makes the case important.
The case shows how important PNG is to Australia's security strategy. Australia needed a bilateral partner like PNG to help deter illegal migration and to curb the activities of human smugglers. This resulted in the creation of the Manus Island detention center and the strong bilateral relationship between both countries enshrined in the Regional Resettlement Arrangement.
You will be producing 5 podcasts aimed at dissecting the case in order to help you form a deeper understanding. Below is a table listing the questions, you are to select one and answer in your podcast for the duration of 5-10 minutes:
Week
|
Questions
|
3
|
Question 1:
Which article(s) of the United
Nations Convention on the Law of the Seas can we use to help us
understand the Tampa
affair?
Explain.
Question 2:
Which article(s) of the 1951
Convention and Protocol relating to the Status of Refugees can we use
to help us understand why Australia could not return the asylum seekers on MV
Tampa back to their country of origin as soon as they were caught in
Australian territorial waters? Explain.
Question 3:
Which articles of the UN Universal Declaration of Human Rights can we use to help is understand the case of the asylum seekers
on MV Tampa? Explain.
|
5
|
Question 1:
What are the significant differences between the Guantanamo Bay Centre in
comparison to the Centre on Manus Island?
Question 2:
What are the significant amendments to Australia’s Migration Act of 1958?
Question 3:
Which sections of the Boarder Protection Bill of 2001 legalized the removal
of unwanted ships from the Australia territorial sea?
|
8
|
Question 1:
What role did the International
Organization for Migration (IOM) play in the Pacific Solution?
Question 2:
Do you think the theory of liberal institutionalism best explains the role of
IOM and UNHCR in
managing Australia’s illegal migration issue?
Question 3: Do
you think the norm of human rights influenced PNG to help Australia address
the issue of people smuggling?
|
10
|
Question 1:
Do you think Australia and PNG
achieved the objectives of the current Regional Resettlement Arrangement?
Question 2: What
is the Vienna Convention on the Law of Treaties and how does it help you to
understand the current Regional Resettlement Arrangement?
Question 3: What new suggestions would you
offer to improve the current Regional Resettlement Arrangement?
|
12
|
Question 1:
Why did PNG include a Refugee
Status Guidelines section in the Migration Regulation of 1979?
Question 2: Why
is it important for PNG to manage its refugee issues by meeting its
obligations under the 1951 Convention of the Status of Refugees and related
1967 Protocol?
Question 3: Can PNG or any other country
refer Australia to the International Court of Justice for denying the human
rights of asylum seekers on Manus Island?
|
Another point worth highlighting is the change in venue for the group public presentation. Previously students were required to select a big lecture room (SPBA or SVDMA) to conduct the group public presentation. For this semester, you will set up outside the Diwai Mart car park to talk about your selected case including your convention/agreement/treaty. Your audience will range from students to the general public.
Furthermore, please note that the tutorial activities are not part of the assessment. We will work together in class to complete the activities. You are all grouped into 5 different groups and are expected to read the instructions including the required readings before attending the tutorials.
Once I receive confirmation from our guest lecturer, I will advise you all and circulate his biography for your perusal. The guest lectures will help you to understand domestic and international law from a practitioner's point of view.
I hope my strategy will also help you to develop the 3 selected graduate attributes:
- Information technology - have experienced the use of archives and libraries and the application of a range of computer software, particularly software appropriate to their disciplinary area, and establish receptiveness to the expanding opportunities for electronic technology.
- Communication - have excellent communication skills, in written and oral language, and understand and use English as the widely used language of international scholarship as well as respecting the linguistic diversity of PNG.
- Research - demonstrate independent analytical, critical, logical and creative thinking in systematically identifying and solving problems to establish or to create appropriate new and ethical solutions.
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