Law Research Assignment (2015)
(Dear writer, in previous assignment I got bad mark, and this is a final assignment so I have to get a high mark, at least 45%-40% from 50%. Try your best please).
1. Clearly write your name, student number, and tutorial day, time, and tutor’s name on the first or cover page of your assignment.
2. You are expected to write approximately 3000 words maximum. Not longer. You must show word count on the first or cover page of your assignment.
3. Mark is 50%.
4. Footnotes, references, and bibliography, if any, must be complete and consistent with Australian Guide to Legal Citation (AGLC).
5. Read carefully the requirements, marking rubrics, and guidelines for the preparation of assignments. Non-compliance will affect your expected marks.
Marking criteria/rubrics: 5 x10 marks:
1. Extent of theoretical and applied knowledge and understanding of international law relevant and applicable to the specific area of the research;
2. Depth of research, quality of arguments, and interdisciplinary approach;
3. Innovativeness: legally subsumable alternative views and law reforms;
4. Free and innovative thinkers, a policy-oriented approach, and the ventilators of new ideas contributing to the progressive development of international law; and
5. Orderly presentation – clarity of expression, coherently addressing the issues raised, and correct, complete, and consistent reference/citation style.
• •Both assignments must be typed on A4 paper with 12 point font in the text and 10 point font in foot/end notes. Bibliography/reference must also be 12 point font. Students should use both sides of the paper.
• •No assignment can exceed their respective word limit with absolutely NO leeway. Exceeding word limit is punishable through proportional mark deduction. The word limit does not include the footnotes and bibliography, although footnotes must not include any substantive content. The actual word length of your assignment must be stated on the cover sheet.
• •Footnotes, bibliography and other referencing must be consistent with the Australian Guide to Legal Citations, which can be downloaded at http://www.law.unimelb.edu.au/mulr
• •Inconsistent, incomplete, and hybrid style of footnotes/endnotes and bibliography/references will cost mark as they are integral parts of your work.
• •In-text referencing is NOT permissible in this unit.
• •Substantive and procedural requirements referred to are important and should be followed seriously in assignments. Non-compliance may affect your marks.
(2) Write and Submit a RESEARCH PAPER on any ONE of the following three topics:
1. Self-defence in this era of weapons of mass destruction (WMDs).
You are particularly required to address the following questions:
(a) Is the right to self-defence embodied in Article 51 of the United Nations Charter relevant in this age of the proliferation of nuclear weapons? (Marks: 20)
(b) Critically examine the advisory opinion of 8 July 1996 of the International Court of Justice (ICJ) on nuclear self-defence in the case: Legality of the Threat or Use of Nuclear Weapons. ((Marks: 20)
Note: the text of this advisory opinion is available in (1996) ICJ Reports 226; or http://www.icj-cij.org/docket/files/95/7495.pdf
(c) Do you think that the requirement of “armed attack” in Article 51 warrants reform to cater for the proliferation of WMDs? (Marks: 10)
2. Complementarity of Jurisdictions between the International Criminal Court (ICC) and National Criminal Justice on International Crimes (Article 17 of the ICC Statute).
Address the following specific issues:
(a) Explain the above complementarity and its conditionality as embodied in Article 17 of the ICC Statute. (Marks: 20)
(b) How does this complementarity work in real life cases? Illustrate your answers with the examples of successful and challenging cases of complementarity. (Marks: 20)
(c) Do you have any suggestions to offer as to how the functioning of this complementarity can be improved? (Marks: 10)
3. Combating Terrorism without a Definition of “Terrorism” in International Law.
Notwithstanding several attempts to formulate an agreed and acceptable definition of “international terrorism” by the international community of states and its forum, the United Nations, they are yet to be successful in working out a definition of “international terrorism”.
Given this situation, you are asked to address the following issues:
(a) Critically examine the strengths and weaknesses of international attempts to define “international terrorism”. (Marks: 20)
(b) What are the major impediments to the formulation and adoption of a definition of “international terrorism”? (Marks: 20)
(c) Can you offer a definition of “international terrorism” which has the potential of wider acceptance? (Mark: 10)
(3) Compulsory resources:
Required Compulsory Textbook
M Rafiqul Islam, International Law: Current Concepts and Future Directions, LexisNexis Australia, 2014. This book should be one of list of the resources.
Cases and Materials Book: (in their priority and may collect one of them)1. Dixon, M, McCorquodale, R, and Williams, S, Cases and Materials on International Law, Oxford University Press, 4th ed. 2011. 2. Rothwell, D R, Kaye, S, Akhtarkhavari, A, and Davis, R, International Law: Cases and Materials with Australian Perspectives, Port Melbourne: Cambridge University Press, 2013.
(4) High Recommends resources:
1. J Klabbers, International Law, Cambridge University Press, 2013.
2. Brownlie, I, Principles of Public International Law (8 ed James Crawford), Oxford
University Press, 2013.
3. J Craford and M Koskenniemi, The Cambridge Companion to International Law,
Cambridge University Press, 6th ed, 2012.
4. Triggs, G, International Law: Contemporary Principles and Practices, Australia:
LexisNexis Butterworths, 2nd ed, 2010.
5. Scott, S V, International Law in World Politics: An Introduction, London: Lynne
Rienner Publishers, 2nd ed. 2010.
6. Shaw, M N, International Law, Cambridge University Press, London, 6th ed., 2008.
7. Dixon, M, Textbook on International Law, London: Oxford University Press, 2007.
8. Cassese, A, International Law, Oxford University Press, 2 ed 2005.
9. Evans, M D, International Law, Oxford University Press, 2003.
10. O’Brien, J, International Law, London: Cavendish, 2001.