Master of Law and Development

The concept of development has been crucial to structuring international legal relations from the end of World War II to the present day. During that time, international law and institutions have taken on ‘development’ as a primary project. In both the public and economic domains, the vast majority of international institutions engage with the development project in some shape or form.

This subject invites students to think about the nature and importance of development and its relation to international law. The history of development in relation to imperialism, decolonisation, the Cold War and globalisation means that this set of relations is complex and dynamic. Understanding it is crucial to understanding the place of international law, and the work development does in the contemporary world.

Indicative list of principal topics:

• Law and development as a field
• The ‘development’ concept and its precursors
• The relationship between the concepts of ‘law’ and ‘development’
• The institutionalisation of development
• Development, imperialism, decolonisation and the nation state
• Permanent sovereignty over natural resources and the new international economic order
• Debt crises and development(s) at the Bretton Wood institutions
• Trade and development
• Globalisation, governance and the rule of law
• Sustainability, democracy and human rights
• Resistance, alternatives and post-development.

This subject provides a conceptual, historical and theoretical frame for students undertaking Master of Law and Development in which to situate and critically assess learning in other subjects. For students in other courses, this subject will help you understand the importance of the concept of development to our understandings of international law and appreciate development’s central role in the construction and maintenance of contemporary global orderings.

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Biotechnology in Asia-Pacific is advancing at an unprecedented pace with major economies like China and Japan implementing ambitious national biotech strategies.

This introductory subject offers an accessible yet comprehensive examination of biotechnology regulations across the region, requiring no scientific background. Students will explore legal frameworks governing healthcare and pharmaceutical safety, agricultural biotechnology, GMO and gene-edited food regulations, intellectual property, data governance, and economic security, with a focus on international cooperation in commercial development and national economic security considerations. Through comparative case studies, we will examine how Asian jurisdictions balance innovation, ethical considerations, and national security while responding to public health emergencies and biosecurity incidents.

Indicative list of principal topics:

• The foundations of biotechnology regulation
• The medical and pharmaceutical biotechnology framework
• Agricultural biotechnology governance
• Biosecurity and biodiversity protection
• Biosecurity and public health systems
• Data governance
• Intellectual Property regimes
• Economic security dimensions

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The emergence of Asia as an economic powerhouse is driving enormous interest in doing business in the region. This subject provides students with an opportunity to examine commercial law in an Asian context. Although parallels can be drawn between Asian jurisdictions in terms of their economic and legal development, their commercial law systems are too diverse to be treated uniformly. Instead, the principal objective of this course is to provide a focused analysis of selected legal and practical issues from comparative and economic perspectives.

In order to facilitate comparative analysis both across and within the common law and civil law traditions, this subject will focus on commercial law in the four jurisdictions of China, Hong Kong, Singapore and Taiwan. Basic economic principles will be introduced and utilised to evaluate the efficacy of the respective legal rules. Covered topics will include contract, business associations, corporate finance, and taxation. The subject will be of interest to those interested in doing business in Asia.

Indicative list of principal topics:

• contract
• business associations (including corporate governance)
• corporate finance
• taxation

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This subject explores the dynamic interaction between Islamic law (Shari‘a) and contemporary social contexts in both Muslim-majority and minority societies. Moving beyond doctrinal or purely theological analysis, the course situates Islamic law within the lived realities of diverse communities—examining how Shari‘a is interpreted, negotiated, implemented, or contested across various legal, cultural, and political environments.

A central focus is the operation of Islamic law within plural legal systems, including those based on common law, civil law, and customary traditions, as well as its engagement with international legal norms. Students will examine case studies that highlight the complexity of these interactions and the varying responses of states and societies.
Through this subject, students will gain both regional and global perspectives on Islamic law and develop a critical and nuanced appreciation of how law, religion, and society intersect—especially in legally plural and culturally diverse settings.

Indicative list of principal topics:

• family law,
• gender rights,
• constitutional frameworks,
• criminal law,
• Islamic finance,
• halal certification, and
• the role of Islamic law in both democratic and authoritarian states.

These themes equip students to critically engage with diverse interpretations, contemporary debates, and reform movements within Islamic legal traditions, as they unfold across a range of political and cultural contexts.

Important information about enrolling

This subject is available only for Melbourne Law Masters students. Juris Doctor students should instead enrol in the equivalent Juris Doctor subject LAWS90344.

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In recent decades, China has become an active participant in, and even a leader of, the international economic law system. It joined the World Trade Organization and has negotiated numerous trade agreements and investment treaties. In both trade and investment, China has been a party to many disputes, and plays an important role in broader issues of global economic governance. In the domestic arena, it has become a leading practitioner of "trade remedies"; its agricultural and industrial sectors, and related policies, have become similar to those of Western countries; and its intellectual property and antitrust regimes have become more sophisticated.

This subject focuses on the nature and evolution of China's involvement in the international economic law system. It covers the following subjects: trade in goods, trade in services, intellectual property, trade remedies, government procurement, foreign investment into and by China, investment protection, treaty negotiations, disputes, and institutional issues.

Indicative list of principal topics:

• History of China's international economic relations
• China's WTO Accession
• Tariff and non-tariff barriers
• Intellectual property
• Trade in services
• Trade remedies: Anti-dumping, subsidies and countervailing duties, and safeguards
• Government procurement
• Foreign investment in China
• Trade and investment negotiations
• Trade and investment disputes
• China's role in WTO governance
• Participation in other international economic institutions
• China's domestic trade institutions

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This subject involves the study and analysis of the structure, purpose and key provisions of market standard cross border lending documentation, including large syndicated credit agreements (governed by New York or English law). Students will focus on anticipating potential concerns and tensions in the negotiation process and will have the chance to review and study the key agreements and documents such as the credit agreement, guaranties, other ancillary documents, schedules, and document deliveries that they will encounter in practice. Students will also study the structure and standard documents used in the cross-border repo market and the securities lending market, two important international capital markets.

Over the past three decades, Professor Christian Johnson has taught and lectured on cross-border lending and capital markets in Australia, Europe, Asia, the Middle East, Africa, and North and South America. Currently, he is the Commonwealth Professor of Law and Business Advising at Widener University Commonwealth School of Law. Professor Johnson has presented and lectured at sovereign wealth funds, central banks, multilateral development banks, the University of Oxford, the London School of Economics, the National University of Singapore, and other prominent institutions. Professor Johnson graduated with his law degree from Columbia University, practiced for global law firms in New York and Chicago, and worked as a certified public accountant for Price Waterhouse prior to law school.

Indicative list of principal topics:

• The various structures and purposes of different cross-border lending transactions
• The key provisions and clauses found in cross-border lending documentation
• The key interbank credit markets
• The key differences between New York, English law and Australia in lending transactions
• The key clauses found in Australian/New York/English guarantees
• The key legal, credit and business issues in repo and securities lending transactions.

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The Challenge of a Decade, if not our Generation. Can sustainable finance be the answer to climate change, poverty and inequality? The purpose of this subject is to immerse students in sustainable finance in international practice, from sustainable lending, green bonds, renewable energy, innovative structured products and impact investing. Across these markets, key legal concepts, structural features and documentation are covered in detail. By engaging in-depth, through term sheet negotiations, and pitches the students jointly develop the skills to assess, prioritise, challenge and negotiate these transactions.

The subject coordinator draws on his own experience in global sustainable finance, and invites experts from international law firms and organisations, to help you become ‘more than a lawyer’.

Indicative list of principal topics:

• The Sustainable Development Goals, the evolving regulatory framework of sustainable finance, and implementation by banks, development institutions, funds and corporates in international practice
• Understanding the structural features of sustainable lending, including sustainability-linked loans (SLLs) as well as inclusive finance, along with the relevant principles and contentious issues in negotiation
• Thoroughly analysing and comparing the green, blue, orange, social and sustainable bond structures and terms, including social impact bonds, bond linked to sustainable performance, as well as their challenges in practice
• Negotiating and mastering the negotiation of key terms of renewable energy project finance
• The implementation of impact investing in fund management and private equity, in day to day practice
• How structured finance can further sustainable goals, for instance through refugee finance, vaccine bonds, drought risk transfer and microfinance securitisation
• The litigation challenges in sustainable finance for both investors, issuers and ‘green’ rating agencies, for instance the risk of mis-selling ‘green’ products, and how to address this and other risks in documentation as well as through strategic means.

View detailed information in the Handbook

This subject offers an in-depth examination of China’s competition law regime, with a particular focus on the Anti-Monopoly Law, its implementing regulations, and landmark enforcement decisions. Since its enactment in 2007—and subsequent amendment in 2022—China’s competition law has undergone rapid development, positioning the country alongside the United States and the European Union as a major global competition jurisdiction.

Students will explore key areas of substantive and procedural competition law, including monopoly agreements, abuse of market dominance, merger control, administrative monopoly, and anti-monopoly procedures. This subject will also consider the application and the enforcement of competition law in evolving domains, such as intellectual properties and the platform economy.

Case studies will include milestone decisions from China such as those involving Qualcomm, Tetra Pak and Alibaba; and from the EU including Microsoft and Google, as well as Google and Apple from the US. These will be used to illustrate the practical operation of the law and its economic and political implications. We will also take a comparative analysis throughout the subject, enabling students to contrast the Chinese approach with that of other major jurisdictions, particularly the European Union and the United States.

This subject is designed to equip students with the critical tools necessary to navigate the regulatory landscape of China’s competition law—an increasingly indispensable competency for legal professionals engaged in global commerce and regulatory practice. Most important, it also aims to deliver student a comparative perspective on the major developments across the world.

Indicative list of principal topics:

• General introduction to competition law
• Monopoly agreements
• Abusing dominant positions
• Merger control
• Administrative monopoly and fair competition review
• Competition law enforcement
• Competition law and intellectual properties
• Competition law and platform economy

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Climate change is a pressing environmental, economic and social problem. Global warming is predicted to have wide-ranging impacts, and it presents enormous challenges for conventional models of law and socio-economic governance due to its pervasive character, long-term effects and the need for dynamic change in many of the fundamental areas of life. This subject examines the challenges for law in driving that change, from the United Nations Framework Convention on Climate Change (UNFCCC) and its associated Paris Agreement, to international trade, climate finance and litigation, to federal and state legislative responses, through to local effects including relating to Indigenous peoples. The lecturer is active in research and advice in climate change law and governance in the international and domestic law spheres.

Indicative list of principal topics:

• The scientific basis for global warming and physical impacts of climate change
• The international legal framework, including the UNFCCC, Kyoto Protocol, Paris Agreement and associated international instruments
• Social and cultural impacts and legal responses, such as human rights protection
• Climate finance and schemes for reducing emissions from deforestation and forest degradation (REDD).
• The role of the World Trade Organization (WTO) in climate change governance, particularly with respect to renewable energy technologies and the disciplining of fossil fuel subsidies
• The interaction of climate change regimes with other international law frameworks; eg World Heritage, refugee law, human rights and security
• The federal legislative framework for climate change mitigation and adaptation, including direct action plans, market mechanisms and carbon trading
• State-based legislative and regulatory responses to climate change
• Bio-sequestration and carbon capture and storage
• The nature of climate change litigation

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Environmental law deals with pressing legal and social issues within Australia and internationally that range from biodiversity protection to waste reduction. This subject provides an overview of fundamental environmental law concepts and principles, such as the precautionary principle. It charts the evolution of Australian environmental law in response to global environmental challenges, such as climate change, as well as national regulatory reforms. The subject equips students with a thorough grounding in environmental impact assessment law by reference to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It examines the regulatory tools and approaches relevant to pollution control and ecological protection– including market mechanisms and offset models. This subject introduces international environmental law; dealing with issues such as trans-boundary harm and World Heritage protection, that have shaped Australian environmental law.

Indicative list of principal topics:

• The scope of environmental law – nationally and internationally – including transboundary regulation.
• The multidisciplinary character of environmental law and regulation that needs to respond to complex, multilevel environmental problems.
• The diversity of environmental law approaches from the common law through direct regulation to market measures and community engagement.

These themes are illustrated by case studies in the following areas:

• Environmental law: Principles and concepts
• Environmental actors, including public interest litigation with a focus on biodiversity protection
• The procedures and substantive law governing impact assessment and development approvals.
• Legal and regulatory tools used in environmental law, including duty of care concepts in pollution laws.
• The interaction of law and science, with a focus on the precautionary principle
• Implementation, compliance and enforcement in Environmental Law
• International environmental law, including biodiversity protection, world heritage cases and climate change governance.

View detailed information in the Handbook

International environmental law is the field of public international law concerned principally with the protection of the natural environment. It is a vitally important branch of international law, seeking as it does to safeguard the environment on which humanity depends for its very existence. International environmental law seeks to integrate the activities of diverse actors — states, international organisations, businesses, communities and non-government organisations (NGOs) — and uses a wide range of legal tools (including economic instruments and participatory mechanisms) to address pressing environmental concerns. This subject explores the critical governance and regulatory dimensions of international environmental law, as well as introducing you to cases and treaties that have been pivotal to the development of this area of international law. The lecturers in the subject are international environmental law experts, with both academic and practical experience in the field, which will be drawn into the delivery of a stimulating and relevant subject.

Indicative list of principal topics:

• The need for international environmental law and its historical development
• Fundamental principles and concepts necessary for an understanding of international environmental law, eg sustainable development, precautionary principle and 'polluter pays' principle
• The principal institutions and actors involved in the creation, implementation and enforcement of international environmental law
• The principal cases and treaties that have been influential in the development of international environmental law
• Current issues of concern in international environmental law, including atmospheric pollution and climate change, the protection of the oceans, species protection and biodiversity as well as environmental issues relevant to finance, human rights and international trade.

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This subject examines the law applicable to planning and development projects within Victoria. A detailed analysis of the Planning and Environment Act 1987 (Vic) and its application will be supplemented by an examination of the various political, environmental, social and economic aspects that bear upon decision-making under the Victorian planning system. The subject will also address the interaction of the Victorian planning system with a number of other statutory processes relevant to the development of land within Victoria, including those contained within the Environment Protection Act 1970 (Vic) and the Subdivision Act 1988 (Vic).

Indicative list of principal topics:

• The conceptual framework for planning law in Victoria
• Evaluation of the various components of the Victorian planning regime, focusing on the operation of the Planning and Environment Act 1987 (Vic) and the Victoria Planning Provisions
• The role of key actors under the Victorian planning regime (such as the Victorian Minister for Planning and municipal councils) and the key processes established under the regime
• The review of decisions made under the regime (both in the Victorian Civil and Administrative Tribunal and the Supreme Court of Victoria) and the powers available to relevant planning authorities under the Planning and Environment Act 1987 (Vic)
• Particular problems that arise in the Victorian planning system such as the fair and equitable distribution of undesirable land uses, the limitation of urban sprawl within metropolitan Melbourne, the appropriate level of public participation in decision-making processes, and the need to deliver sound planning outcomes in a timely and efficient manner
• The key processes under the Planning and Environmental Act 1987 (Vic).

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From one of the earliest concerns of political philosophy to the subject of a treaty ratified by almost every country in the world, corruption has played a fascinating role in human affairs. Corruption’s importance as a matter of law and policy has grown in recent decades, thanks to increasing awareness of its devastating effects on development efforts, human rights, democracies, economies, and environmental protection efforts. Responding to that growing importance, this subject provides an overview of domestic, regional, and global approaches to corruption.

Although this seminar provides an overview of many aspects of anti-corruption law and policy, it covers issues of political corruption in greater depth, such as bribery of public officials, campaign and party financing, lobbying, and conflicts of interest. It also covers in greater depth several current issues in Australian anti-corruption law—including the ideal role of the recently-established National Anti-Corruption Commission—and several “global pressure points”—including the effects of corruption on climate change mitigation efforts.

The domestic approaches examined in this subject include those undertaken by Australia, New Zealand, and the United States, as well as several Latin American and Asian countries. The regional approaches targeted include those sponsored by the Organization of American States, the Asian Development Bank, Asia-Pacific Economic Cooperation, Council of Europe, the Organisation for Economic Co-operation and Development, and the World Bank. Finally, at the global level, this seminar covers the United Nations Convention Against Corruption (UNCAC).

Entering into force in 2005 and obtaining 191 States Parties by August 2024, UNCAC has brought about a comprehensive, global approach to corruption. This subject explores the five pillars of that approach—international cooperation, preventative measures, criminalisation and law enforcement measures, asset recovery, and technical assistance and information exchange—and their relationship with domestic and regional initiatives. A major question at this stage will be UNCAC’s ability (or potential) to improve those pre-existing initiatives.

At each of its three levels of legal inquiry (domestic, regional, and global), this seminar examines questions of substantive law (what conduct is targeted), procedure (how are suspected violations of the law exposed and addressed), institutions (how is each legal framework administered and modified), and effectiveness. This subject addresses not only the merits of anti-corruption law, but the criticisms and dangers of it as well.

Although this subject relies primarily on legal analysis, it also applies perspectives and findings from the fields of economics, history, and political science. That interdisciplinarity enables the consideration of the broader questions that inform anti-corruption law. Those questions include: How are definitions and patterns of corruption changing over time? What effects does corruption have on development, businesses, local economies, and global capitalism? What effects does it have on human rights, democratisation, elections, and lawmaking? What lessons have been learned about the effectiveness of different legal approaches to corruption? How could domestic, regional, and international anti-corruption initiatives be improved?

indicative list of principal topics:

• What is corruption? How is corruption defined by different legal regimes?
• How does corruption manifest in distinct environments, including campaign and party finance, elections, lawmaking, law enforcement, government procurement, business, international development and climate change mitigation efforts, and banking and finance? What are corruption’s economic, political, and social effects?
• What are the regulatory challenges involved in preventing, exposing, and punishing corruption in its distinct environments? To what extent have domestic, regional, and international legal regimes been successful in meeting those challenges?
• How could those laws and institutions be improved? In particular, what are the main successes and shortcomings of the UN system for preventing and combating corruption? What are its prospects for improvement?
• What are the different roles that lawyers play in addressing corruption? What skill sets do they employ?

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The importance of health to the functioning of societies has never been more apparent than it is today. Nor has the global nature of health. Today’s major risks to health are global in nature, including the rapid spread of pathogens across borders in our highly interconnected world, and the commercial practices of multinational corporations that market harmful products. These health risks cannot be combated without international cooperation, including in preventing / limiting the spread of pathogens and regulating harmful commercial practices.

Law – at all levels, from international to national and sub-national – has a fundamental role to play in global health. It can be among the most powerful tools for protecting and promoting health, but it can also fall well short of achieving its potential, or even actively contribute to harm, if poorly designed or implemented, or where it pursues other policy objectives in ways that conflict with those of health.

This subject is called ‘Law and global health’ rather than ‘Global health law’. This reflects the reality that, while there are a range of international instruments (including both legally binding and non-legally binding) that are specifically designed to protect and promote global health, global health can be equally influenced by international instruments across diverse areas such as human rights, climate change and environment, biodiversity, animal health, intellectual property, international trade, and international investment.

While the subject will focus primarily on the instruments and organisations that are explicitly dedicated to health, it will examine the critical connections with other relevant areas of law, policy and practice.

The subject will cover both communicable diseases (including pandemics such as COVID-19, and other international health emergencies) and non-communicable diseases (such as heart disease, stroke, cancer, diabetes and chronic lung disease).

Indicative list of principal topics:

• An introduction to global health priorities, including infectious diseases, noncommunicable diseases, and climate change
• Global health narratives, concepts and approaches
• An introduction to the World Health Organization
• Global governance of infectious diseases, including the International Health Regulations (2005) and the new pandemic treaty
• Global governance of noncommunicable diseases, particularly the WHO Framework Convention on Tobacco Control, as well as international approaches to addressing alcohol use, unhealthy diets and the health effects of air pollution
• An overview of trade, investment, intellectual property and health

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The private sector represents one of the most important and daunting challenges facing human rights law and practice. As the reach and influence of companies has grown – sometimes dwarfing the states in which they operate – their impact on human rights has become impossible to ignore. Shareholder activists, NGOs, social movements, the media and governments are demanding greater transparency and reporting on human rights from a wide range of companies, from Facebook to Kmart to Lafarge. The United Nations, the Organisation for Economic Co-operation and Development and the multilateral banks have adopted human rights standards for companies, and a growing body of soft and hard law (domestic and international) is beginning to define the precise scope of corporate human rights obligations. This subject will explore the fast-growing field of business and human rights, highlighting the most critical legal and practical issues surrounding efforts to advance corporate responsibility and accountability.

Indicative list of principal topics:

• The history of the business and human rights movement
• The political and ideological challenge to applying human rights to business
• The legal framework and institutions for corporate human rights accountability
• The UN “Protect, Respect, Remedy” Framework and UN Guiding Principles
• Multi-stakeholder initiatives and soft law human rights standards
• Key legal challenges: effective remedies, 'non-state actors', 'sphere of influence' and 'complicity'
• Litigating corporate human rights
• Non-judicial advocacy strategies
• Business and human rights case studies
• Business and human rights in the digital economy
• Climate change, business and human rights
• The business management perspective on human rights and implementation challenges.

View detailed information in the Handbook

This subject focuses on the re-imagination of human rights from a gender and women’s rights perspective. The traditional human rights canon has been challenged in important ways by its deficiencies in the protection of the rights of women and sexual and gender minorities.

The primary focus on violations by state actors was shown to obscure and make invisible violations against women in the private sphere of family and home, in particular gender-based violence. The partial and contingent protection of sexual and reproductive rights under international human rights law has revealed persistent gendered limitations. Meanwhile, the adherence to date of international human rights law to the male/female binary has proven exclusionary to the promotion and protection of the rights of sexual and gender minorities.

This subject considers these critiques and examines their explanatory force. It considers ways in which the international human rights system has responded to critiques and demands of feminist, gender and queer scholars and activists. The subject will focus, first, on the international system for the protection of women’s rights, in terms both of ‘mainstream’ guarantees of non-discrimination and the specialised system for the protection of women’s rights, most notably CEDAW. Second, the subject will focus on certain emblematic violations of women’s and gender rights (gender-based violence, reproductive rights and the rights of sexual and gender minorities) and critically examine developments in the recognition and redress of such violations under international human rights law. Third, the subject will consider the relationship between the formal mechanisms of the human rights system and the mobilisation of human rights ideas and values by social movements and non-governmental organisation. It will consider the role and value of international human rights norms in underpinning diverse social movements working in alliance for the improved protection of women’s and gender rights.

Indicative list of principal topics:

• An overview of the protection of women’s rights and rights of sexual orientation and gender identity under the so-called ‘mainstream’ system for the protection of human rights
• A discussion of feminist, queer and postcolonial critiques of the international human rights system
• Analysis of specialised treaties and instruments responding to these critiques, most notably CEDAW (the Convention on the Elimination of All Forms of Discrimination Against Women)
• Critical reflection on the particular role of the CEDAW Committee in monitoring and interpreting women’s and gender rights under international human rights law
• Analysis of developments for the enhanced protection of the rights of women to live free from violence, including the debate about the need for a new dedicated human rights treaty for the prevention of violence against women
• An examination of developments across the mainstream and specialised human rights systems for the protection of reproductive and sexual rights
• An understanding of the limited progress made to date under international human rights law for the protection and promotion of rights of sexual and gender minorities
• A review of sustained critiques of the human rights regime by scholars such as Ratna Kapur, Dianne Otto, Christine Chinkin and Hilary Charlesworth
• Examination of human rights in practice, focusing on the way these ideas are mobilised by women’s movements, queer activists and human rights advocates to deal with local issues such as gender violence, reproductive rights and discrimination on the basis of sexual orientation and gender identity.

View detailed information in the Handbook

Developments such as the decision to appoint a UN special rapporteur on human rights and climate change are significant milestones in the long-time efforts by international institutions and advocates to recognise and address the impacts of greenhouse gas emissions on the enjoyment of human rights. UN institutions and international treaty bodies responsible for human rights and environmental matters have over many years taken steps to deal with the serious impacts that climate change has on the rights to life, culture, health, food and an adequate standard of living for individuals and communities across the world. Advisory opinions of the International Court of Justice and the Inter-American Court of Human Rights have also provided insights on these matters. Meanwhile, advocates have initiated proceedings before courts and other complaints bodies claiming that human rights have been violated as a result of climate change. In the process, existing human rights have been repurposed towards environmental ends, and rights to a healthy environment and a safe climate have emerged for international recognition.

This course will introduce and explore the main concepts, laws, institutions and policies at the intersection of international human rights law and international law on climate change. Through an examination of treaties and case law, it will consider how international law and policy is being developed to protect human rights affected by climate change.

Indicative list of principal topics:

• The human rights of particular groups – including Indigenous Peoples, children and displaced people – affected by climate change.
• The different responsibilities of nations and businesses to address the human rights impacts of climate change.
• Key developments in UN bodies, treaty institutions and courts dealing respectively with human rights and environmental protection, including existing and emerging human rights such as the right to a healthy environment.
• Critical perspectives on the use of human rights law and procedures to tackle harms arising from greenhouse gas emissions.
• The international movement on rights of nature as part of the context in which international human rights law is evolving to address climate change.

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Since 11 September 2001, there has been a global trend towards enacting new laws and adopting new measures against terrorism, reflected in developments on the national, regional and international levels. Many such counter-terrorism laws and measures have raised questions about the nature of human rights law, and the extent of its adaptability in face of security imperatives. Others have revealed clear human rights violations and exposed the fragility of respect for the rule of law. Responses by the courts and international mechanisms have had a role to play in redressing this reality in various ways, but they too have met challenges. This subject addresses the international law framework within which responses to terrorism, and to counter-terrorism, unfold. It considers human rights law in the context of other relevant areas of international law and practice, such as humanitarian law and the law on peace and security. It examines legal questions not in abstract but by reference to examples from practice, and in light of the many real-life challenges to giving effect to the law in the security context today. It provides a stock-taking review and questions the human rights implications of global counter-terrorism practice.

Indicative list of principal topics:

• What is ‘terrorism’ and how does it fit within the framework of international law?
• Do terrorists violate human rights, and can they be held accountable?
• Which human rights are affected by counter-terrorism measures by states and how they are affected in practice?
• Is the prohibition against torture absolute, and what have been the challenges in practice since 9/11?
• How has the criminal law adjusted, and expanded, in recent years and what are the implications?
• Have restrictions on freedom of expression, association and assembly been legitimate?
• How has terrorist listing and sanctions against individuals and entities developed and what human rights issues arise?
• What implications are there for refugee and immigration law in the era of terrorism?
• What is the phenomenon of ‘foreign terrorist fighters’ and legal responses to it?
• How has the right to privacy been eroded in the name of countering terrorism, and when is surveillance lawful?
• What are strategic approaches to preventing and combating terrorism, and what are the long –term implications of trends in counter-terrorism practice to date?

View detailed information in the Handbook

The field of international human rights law is today composed of a multitude of legal instruments, implementation bodies, special procedures, human rights NGOs and transitional justice mechanisms. This subject provides the opportunity to examine this field in many of its dimensions, equipping students to navigate the system and critically assess its fundamental features. It will be of interest to all students who want to develop a detailed understanding of how the international human rights law system operates, including those with limited or no background in the area. The two lecturers have significant experience across a diverse range of topics and issues within international human rights law, which they draw upon to create an engaging and thought-provoking subject.

Indicative list of principal topics:

• Human rights and the challenges posed by state sovereignty and national security
• The contested universality of human rights
• The international institutional framework for the protection of human rights, with a special focus on the Human Rights Council and treaty monitoring system
• The interpretation and application of selected rights from the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)
• Domestic measures for the implementation of human rights, such as judicial implementation of economic, social and cultural rights
• The norm of non-discrimination as it relates to race, gender, sexual orientation and gender identity
• The contribution of truth and reconciliation commissions to the protection of human rights
• Human rights law relating to refugees and asylum-seekers
• The challenges posed by economic globalisation.

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Issues concerning children, whether they arise at the international, regional or local level, are increasingly being examined from a human rights perspective. Much of the momentum for this movement has been generated by the United Nations Convention on the Rights of the Child (CRC), which was adopted by the UN General Assembly in 1989, and has been ratified by every state in the world except the United States and South Sudan. This subject is designed to provide students with an understanding of the CRC and the idea of a human rights-based approach to matters involving children. It will be of interest to anyone who works in areas that impact on children, either directly or indirectly, at the international, regional or local level. The lecturer has extensive networks with civil society, international bodies and government agencies that he draws on to provide an appropriate blend of academic and practical content.

The subject consists of two parts. Part one involves a general discussion of:

• The notion of children’s rights
• The international framework for the protection of children’s rights, with particular emphasis on the United Nations Convention on the Rights of the Child
• The factors that impact on the implementation of the Convention, both in Australia and overseas.

Part two involves an examination of specific issues relevant to children and how the Convention and a rights-based analysis can be used to respond to these issues. The issues will be drawn from areas such as:

• Sexual exploitation, including trafficking, prostitution and pornography
• Child labour
• Juvenile justice
• Child refugees
• Violence against children
• Children in armed conflict
• HIV/AIDS and children
• Child poverty and homelessness.

View detailed information in the Handbook

This subject explores and examines the international legal regime for the protection of refugees. The essential premise of the subject is that refugee law should be understood as a mode of human rights protection, the viability of which requires striking a balance between the needs of the victims of human rights abuse and the legitimate aspirations of the countries to which they flee. The primary objective of the subject is to enable students to develop a comprehensive understanding of the international legal regime for international protection – the basis for being granted protection in 147 countries, including Australia. The subject will situate Australian refugee law and policy within the context of Australia’s international obligations.

Indicative list of principal topics:

• History of the international system of refugee protection
• Legal and institutional framework of international legal protection
• The implementation of the Refugee Convention in Australian law
• Refugee status determination: domestic and international dimensions
• Responsibility sharing and shifting
• Principles of treaty interpretation applied to refugee law
• The definition of ‘refugee’ in international law
• Exclusion from refugee protection.

View detailed information in the Handbook

This subject takes a deep dive into statelessness, a serious but little understood human rights issue affecting millions of people around the world, including in the Asia Pacific region. Key related concepts of citizenship, statelessness and legal identity will be discussed, as will the debate around the limits of State sovereignty when it comes to the right to nationality. The causes and consequences of statelessness will be unpacked, with a focus on the human impact of statelessness. We critically examine the international legal framework established to address statelessness, and we scrutinise past, present and possible future manifestations of statelessness with a view to understanding how these may be prevented or resolved.

Indicative list of principal topics:

• Key concepts and definitions: citizenship, statelessness, and legal identity,
• The right to belong? Ethical and Political Dimensions,
• Causes, consequences and the human impact of statelessness,
• The international legal framework governing statelessness,
• The protection of stateless persons in a migratory context,
• Solutions to statelessness: citizenship as the panacea?,
• Contemporary and future problems of statelessness: including ‘Citizenship stripping’ and climate change and nationality,
• International Development: Identity Management, Legal Identity and Human Rights.

View detailed information in the Handbook

Over the past two decades, the protection of intellectual property rights (IPRs) globally has become a major issue both for right holders and users, and one that has had profound implications in a number of important areas of public discourse, such as international trade, public health, education and research, national development and the promotion of biodiversity. This subject seeks to engage with all these issues, and begins with a discussion of the sources of international intellectual property (IP) law, including the principal IP treaties and the general architecture of the international IP system. It then considers a number of case studies where particular IP issues arise and where international solutions are presently being negotiated. It will also examine the growing tension between the territoriality of IPRs and the global scope of IP exploitation, considering how this clash plays out in the key area of private international law.

This subject consists of a survey of the economic, legal and political elements and forces that shape the international IP system.

Indicative list of principal topics:

• Introduction to the international IP system, including the main producers and owners of IP, the institutional architecture and the treaty system, including those administered by the World Intellectual Property Organization and the World Trade Organization (notably the Agreement on Trade-Related Aspects of Intellectual Property Rights), and the emergence of bilateral and regional trade and investment protection treaties that have an impact on the protection of IP rights
• Instruments and strategies for obtaining protection internationally—the Patent Cooperation Treaty, Madrid System, Hague System and regional systems
• Human rights, IP and the development agenda
• IPRs and public health
• IPRs and food security
• Biotechnology, access to genetic resources and traditional knowledge
• Access to knowledge
• The protection of names, marks and other identifiers and content, with particular reference to the internet
• Dispute settlement and private international law issues.

View detailed information in the Handbook

The International Monetary Fund (IMF) and the World Bank are arguably two poorly understood international organisations. Both are key components of the international monetary and financial architecture. They also play a vital role in national economies (as seen for example in the IMF's involvement in the Euro-zone crisis or in addressing the economic dislocations caused by global events and its analytical work on the prevention and resolution of financial and sovereign debt crises) and international development. This subject will focus on the IMF and World Bank while also providing students with a sophisticated understanding of the broader international financial system and its problems. The subject provides a valuable insider's perspective on the 'Bretton Woods' institutions.

View detailed information in the Handbook

This subject is a basic 'how-to' on international business transactions and is essential for those wishing to practise international trade law. The subject intentionally covers a vast array of related topics, with the focus being on the legal issues faced by practising lawyers in the field. Particular emphasis is placed on issues such as trade terms, international sales of goods, documentary credits, carriage of goods, customs and border regulations. This subject also considers several issues relating to international trade, such as intellectual property rights, licensing, franchising and governmental measures regulating investment. Such coverage ensures students are exposed to the most important and frequent issues facing the practising trade lawyer.

Indicative list of principal topics:

• Basic trade contracts and common trade terms
• Choice of law and choice of jurisdiction in international trade contracts
• The Vienna Convention on International Sale of Goods
• Payment systems, including documentary credits and collections
• Customs law, including classification and valuation of the goods
• Import and export restraints
• Regulatory issues and red tape
• Franchising
• Intellectual property rights, including parallel importation of goods
• Foreign direct investment.

View detailed information in the Handbook

International commercial arbitration is the most important method globally for resolving cross-border commercial disputes. The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. There will be a particular focus on the desirability of arbitration compared with other dispute resolution methods, the relationships between the courts and arbitrators, drafting techniques and developments in Australia and other countries.

Indicative list of principal topics:

• The nature of international arbitration
• Applicable law in international arbitration
• The Australian procedural regime and an introduction to the UNCITRAL Model Law
• Enforcing international arbitration agreements
• Appointment and qualifications of arbitrators
• Misconduct of arbitrators
• Privacy and confidentiality
• Enforcement and challenge of awards.

View detailed information in the Handbook

Newspaper headlines frequently concern global economic issues, from trade disputes between countries and investment claims by foreign investors against sovereign states, to countries facing balance-of-payments crises and seeking assistance from the International Monetary Fund (IMF).

This subject examines the law governing global economic issues. It is designed both as a comprehensive introduction in its own right to this important field, as well as a foundation for further exploration through specialist subjects in the curriculum.

We begin with a focus on international trade law, particularly the rules and dispute settlement procedures of the World Trade Organization (WTO). It then discusses contemporary developments in international trade law and policy, including the negotiations for regional or bilateral preferential trade agreements. We then consider international investment law, examining key substantive obligations relating to investor protection and investor-state dispute settlement mechanisms (particularly through the International Centre for Settlement of Investment Disputes (ICSID)). Finally, the subject provides an introduction to the lending policies and practices of international financial institutions, particularly the IMF and the World Bank.

View detailed information in the Handbook

International investment law regulates the entry and operation of foreign investment and is one of the fastest-growing fields of public international law. This subject begins by tracing the historical, political and economic causes for the protection of foreign investment across custom, bilateral and regional investment treaties. It then focuses on the unique system of dispute resolution in this field, which gives private (foreign) actors the right to pursue claims for damages against states. This subject also evaluates the impact of investment law across a range of core values, including public health, environmental regulation and the protection of human rights.

indicative list of principal topics:

• Nature, evolution and context of international investment law
• Overview of bilateral investment treaties (BITs), the North American Free Trade Agreement (NAFTA), the Energy Charter Treaty and parts of the World Trade Organization (WTO)
• Scope of protection: definition of ‘investor’ and ‘investment‘
• Relative obligations of non-discrimination: most-favored-nation (MFN) and national treatment
• Obligation to accord foreign investors ‘fair and equitable treatment‘
• Expropriation and the quantification of compensation
• Arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention

View detailed information in the Handbook

The objective of this course is to provide an understanding of contemporary development issues and the relationships between development policies and international trade law in the context of a globalised world economy.

The course begins with a review of some of the most prominent theories of economic development, describes approaches and definitions of economic development, tools and strategies for making development goals achievable, and explores views about the nature of economic, social and human prosperity. Students will undertake a comprehensive examination of development policies from the protectionism of the 1960s to the Post ‘Washington consensus’ paradigm, the challenges of mainstreaming development in the WTO (‘WTO’), and the current crisis facing the Multilateral Trading System; the emergence of mega regional trading blocks, and the current debate on future International Trade Agreements will be a focus of the course. Contemporary trade and development policy issues such the evolution of global value chains (‘GVCs’) and their consequences for free trade agreements, beyond the border regulations, state-owned enterprises (‘STEs’), and inequalities in opportunities and income will be examined from a perspective of international trade law and development policy, using case studies as appropriate.

The course then present the rationales for free trade & protection, the distributional consequences of trade, the impact of trade on employment and growth and the challenges presented by deeper international economic integration. The next sections of the course consider the World Trade Organization (WTO) and explore negotiation mechanisms and principles, the rules relating to market access, fair trade, safeguards and the system for dispute settlement and retaliation. The final section considers major issues facing the multilateral trading system and the role of developing countries in building a new international economic architecture.

Indicative list of principal topics:

• Goals, scope and measurement of economic development;
• International Law and Development;
• Developing countries in the world economy;
• The Multilateral trading system and the developing counties;
• International Trade law and their Effects on economic development;
• The participation of developing countries in the Mega Regional Trade Agreements;
• The Emerging Mega Regional Trade Agreements and the Future of the WTO
• Selected case studies on trade and development from the WTO Dispute settlement Mechanism.

View detailed information in the Handbook

The rules governing international trade and investment are of great importance to almost every country in the world. Many legal relationships are necessary for goods to be traded from one country to another and for parties in one country to invest in another, and they are all predictably flavoured by the issues that arise when different legal systems interact. This subject gives an overview of the private international law issues that arise when goods are traded from one country to another, and considers the public international law issues that arise when governments try to influence the subject of international trade as well as the international and regional framework that exists for this purpose. The goal of the subject is to examine the international legal frameworks governing trade.

Indicative list of principal topics:

• Commercial trading relationships

  • International sale contracts and the law governing them
  • Framework agreements
  • Payment mechanisms
  • The impact of 2020s technology (trade in data, blockchain verification, etc)

• Long-term trading relationships

  • Antitrust/pro-competitive concerns about exclusive distribution arrangements
  • Parallel importing in relation to products protected by intellectual property rights
  • Compulsory licensing

• GATT/WTO

  • The framework as designed, including dispute settlement
  • The framework in the 2020s, including (particularly) dispute settlement
  • The impact of regional trade agreements and bilateral free trade agreements on the multilateral ‘rules-based’ trading system

View detailed information in the Handbook

The World Trade Organization (WTO) is at the centre of ongoing debates concerning sovereignty and development. Its dispute settlement system has been active in resolving a wide range of international disputes, with jurisdiction over some of the largest and most significant matters arising today. This subject offers a sophisticated understanding of the WTO and its dispute settlement system, including a detailed analysis of the fundamental principles and jurisprudence of WTO law.

Indicative list of principal topics:

• History and objectives of the WTO

• WTO dispute settlement

• Core obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994):

  • Tariff bindings
  • Non-discrimination (most-favoured nation (MFN) and national treatment)
  • Prohibition on quantitative restrictions

• Exceptions to WTO obligations, eg environment, health, public morals, culture, preferential trade agreements, national security, and special and differential treatment for developing countries

• Other WTO agreements, eg:

  • General Agreement on Trade in Services (GATS)
  • Agreement on Technical Barriers to Trade (TBT)
  • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)
  • Trade remedies (countervailing measures, anti-dumping measures and safeguards) and subsidies

• Current developments in the WTO

View detailed information in the Handbook

Corporations appear in an increasing number of international legal domains, from trade and investment to development, human rights and environmental law. In each of these domains, international law seeks to facilitate corporate activity or hold corporations accountable for their actions. The subject seeks to offer students the historical and theoretical foundations to understand and critically analyse the engagement between international law and the corporation.

Students will be introduced to competing theoretical accounts of the corporation and guided in developing an understanding of the way different conceptions of the corporation shape the development of international law, and the prospects for holding corporations accountable. Students will also gain a broad understanding of how different domains of international law treat and understand the corporation.

This subject will also offer a foundation in the history of international law and corporations, from the historical involvement of corporations in imperialism to the way corporations continue to be implicated in drivers of social and economic inequality both within and between nations today. Students will be given the tools to identify how corporations have sought to influence international law, and how international law – and states – have sought to engage with the corporation.

Indicative list of principal topics:

• The history of the relationship between companies and States.

• Conceptions of the Corporation.

• Corporations and Development.

• Corporations and international legal regimes, such as Trade, Investment, Human Rights and Environment.

• Corporate Influence in international institutions.

• Business Associations as International Actors.

View detailed information in the Handbook

Today, international law and its institutions are being called upon to respond to and redress multiple, intersecting global crises, including climate change and its manifold consequences; global instability and conflict, including amongst nuclear powers; ‘trade wars’; rising inequality between and within states; and new technologies, including Artificial Intelligence.

Understanding these developments requires knowledge in and across various distinct domains of international law, including the peaceful settlement of disputes; international environmental law, the use of force and the laws of war; international economic law; law and development; international migration law; and global health law.

This subject considers these crises, and their mutual imbrications, examining the role of international law in addressing them by drawing on these distinct but related subject legal domains. It aims to think across these crises and domains to identify points of contact, co-constitution and rupture, and to consider both the potential and limitations of international law.

At the same time, international law remains deeply implicated in the very social problems and transformations that imperil humankind and the planet – and that threaten to make this century its last. As a mode of thought and governance, ‘crisis’ is not new to international law. As Judge Hilary Charlesworth famously observed, international law is a ‘discipline of crisis’: throughout its history ‘crises’ have both empowered and shaped and the field - giving it purpose, while also limiting its imagination and capacity for reflexivity.

This subject critically examines the historical and theoretical role that global crises – real and imagined – have played in the formation, development and functioning of international law.

Indicative list of principal topics:

• Global Crises and International Law: A history
• Thinking through crises
• Climate change and ‘just transition’
• Global Conflict
• The new New International Economic Order
• Migration and/as Decolonisation
• Pandemics
• Technological transformation
• The Geographies of ‘crises’: for whom, where?

View detailed information in the Handbook

This highly topical subject analyses the rights of Indigenous peoples in Australia, Canada, the United States and New Zealand. Topics are discussed within a framework of encounter and include land and resource rights; doctrine of discovery; Aboriginal title; human rights; treaties; role of cultural institutions in state narratives; and constitutional freedoms. The subject is taught from a critical perspective, comparing and assessing law’s responses to and attempted control of Indigenous peoples in a global context.

Indicative list of principal topics:

• History of the concept of Aboriginal title and the doctrine of discovery
• Concepts of sui generis agreement-making between Indigenous peoples and governments
• Encounters between governments, public cultural institutions, and Indigenous peoples
• Implications of government constitutional obligations and Indigenous rights
• Overview of current practices
• Human rights and their influence on Indigenous rights

View detailed information in the Handbook

Historical experience demonstrates that, without justice, it is exceedingly difficult to establish an inclusive and lasting peace. And yet, while States pay significant lip service to the importance of accountability, all too often it is the victim of - or is otherwise shaped by - real politik. For this reason, an expert international criminal lawyer must be a master of both law and politics.

With this in mind, this subject will explore why, how and when individuals can be held individually criminally responsible for serious international crimes by the International Criminal Court (ICC), other international mechanisms, and national jurisdictions. In addition to considering the substantive rules of international criminal law, students will explore a range of legal policy issues relating to the prosecution of serious international crimes, and critiques of the international criminal justice project, including through case studies on Afghanistan, Palestine, the Rohingya, ISIS and the crime of aggression. Drawing on the lecturer’s experience in relation to the practice of international criminal law, and the insights of other senior practitioners, the subject is focused throughout on contemporary issues of international criminal law that are of real relevance to practitioners and scholars alike.

Indicative list of principal topics:

• The nature of law, war and crime, and the relationship between peace and justice;
• The development of international criminal law, including the contribution of the ad hoc international and mixed criminal tribunals;
• The Rome Statute crimes (genocide, war crimes, crimes against humanity and the crime of aggression) and their relationship to customary international law;
• The modes of individual criminal responsibility and the defences recognised by international criminal law;
• The ICC’s personal and temporal jurisdiction;
• The proceedings and practice of the ICC;
• The stakeholders of international criminal law (including victims, witnesses and defendants);
• The role of new ad hoc criminal mechanisms (such as the International, Impartial and Independent Mechanism for Syria); and
• The prosecution of international crimes in national jurisdictions, including on the basis of universal jurisdiction.

View detailed information in the Handbook

The implementation of the legal rules governing the conduct of military hostilities is literally a matter of life and death. This subject briefly introduces the historical development of international humanitarian law and raises a series of questions around the effective implementation of the law.

• What is an armed conflict and how do we determine the legal character of a conflict?
• How do combatants distinguish between civilians and enemy combatants and how can protection for civilians in armed conflict—particularly women and children—be improved?
• Who can lawfully be targeted and killed and who can be detained?
• Which weapons are prohibited and which are permitted?

Indicative list of principal topics:

• The historical development of international humanitarian law and its rationale in a broader context
• The Geneva Conventions of 1949 and the Additional Protocols of 1977 and developments in customary international law
• The unique role of the International Committee of the Red Cross (ICRC) in armed conflict
• The relationship of international humanitarian law to other related areas of international law, such as arms control and disarmament, human rights, peacekeeping and international criminal law
• Implementation of the law through case studies
• Current issues for development of the law, such as the application of human rights law, the law of occupation and emerging technologies.

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed as an introduction to international law and, therefore, provides students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of issues such as dispute settlement, jurisdiction and immunities, and the use of force. Contemporary examples will be used to enrich student learning. Students will be encouraged to critically evaluate the position and relevance of international law in international politics and society by addressing past and current developments through case studies. The members of the teaching team are scholars in international law who have developed specific areas of specialisation in international law.

Indicative list of principal topics:

• The nature, purpose and language of international law
• Sources of international law
• International legal personality, statehood and sovereignty
• Jurisdiction of states and jurisdictional immunities
• The responsibility of states for violations of international law
• Peaceful settlement of disputes and the functions of the International Court of Justice
• Regulation of the use of force in international relations (jus ad bellum)

This subject provides an introduction to the basic concepts and norms of the public international legal order. It is designed for those with no (or very limited) background in international law. Students who have completed an undergraduate subject in international law or have some professional experience are advised to consider other international law offerings.

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend part-time students enrol in this subject when they first start their program of study. For full-time students, Principles of International Law (LAWS90295) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

This subject will place international law in the context of the practice of international relations and, in particular, international diplomacy. The subject will introduce students to leading accounts of international law’s role in global political life while showing, too, how the international legal order intersects with - and provides a normative architecture for – the practice of international diplomacy. The course will be taught by Gerry Simpson, Chair of International Law at the London School of Economics, and Richard Rowe, former senior officer of the Department of Foreign Affairs and Trade and currently an Honorary Professor in the ANU College of Law, Governance and Policy.

Indicative principal topics include:

• International courts and organisations
• The politics of international law
• The “liberal rules-based order”
• The role of Legal Advice and Advisors in the practice of international diplomacy
• The history of international law in diplomatic practice
• Treaty design, negotiation and implementation
• Techniques of diplomacy and law
• Friendship and diplomacy.

View detailed information in the Handbook

The questions that arise from the use of force are amongst the most controversial both in international law and international relations. Different states, civil society and international lawyers have held over time diverse opinions about the legality and the legitimacy of events such as Russia’s invasion of Ukraine in 2022, the bombing of Iraq and Syria (by the US, UK, France, Australia and others) in the war against the ‘Islamic State’ and affiliates, the use of drone strikes globally in the ‘War on Terror’ since 2001, the exercise of the 'responsibility to protect’ by the ‘international community’ in Libya in 2011 and the 2003 invasion of Iraq, as well as debates over the possibility of a 'pre-emptive strike’ against North Korea or Iran. The question of what amounts to ‘force’ has also been contested by States since at least 1945, and the emergence of new technologies of warfare have reinvigorated these debates. Finally, the question of what to do about the unlawful use of force (including criminal and economic sanctions) has been the focus of renewed attention since Russia’s invasion of Ukraine and annexation of Crimea.

This subject provides a doctrinal, theoretical, and historical account of the relationship between international law and war that is centered on a wide range of case studies. On the one hand, we will focus on major contemporary debates about the legal regime established since the promulgation of the UN Charter in 1945. We will examine the specific arguments states and international organisations (such as the UN, NATO, the European Union or the African Union) have used in order to justify the resort to force, and the responses of states, international organisations, courts and other groups (especially those at the receiving end of this violence) to these justifications. For example, this subject will consider questions such as the legality of 'humanitarian intervention’, the possibility of lawfully launching 'pre-emptive strikes’ against a perceived threat, whether a state can invoke its right to self-defence against non-state actors, the use of nuclear weapons, targeted killing and the authority of the UN Security Council to authorise violence. On the other hand, this subject invites students to think contextually, historically and critically about these debates. We will discuss both earlier legal regimes pertaining to war (for example, that of the League of Nations) as well as arguments about the radical transformation of the relevant law since the turn of the century and the ‘War on Terror’. We will also ask broader questions about the ways in which legitimate violence is allocated between different actors by international law and how this allocation shapes international and domestic politics.

Indicative list of principal topics:

• Historical approaches to the legal regulation of the use of force (including the relationship between the jus ad bellum and the jus in bello)
• The concept of 'force’ and exclusion from legal regulation of economic or political coercion
• Scope of the general prohibition on the use of military force in Article 2(4) of the UN Charter
• UN Charter framework for collective security and resort to force
• Scope of the right of self-defence, including anticipatory or collective self-defence
• Right to rescue nationals in foreign territory and right of humanitarian intervention
• Case studies on legality of the Russian invasion of Ukraine, the NATO bombing in Kosovo, Coalition of the Willing intervention in Iraq and the global ‘War on Terror’.
• The development and prosecution of the crime of aggression

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed to provide students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of global issues, including the creation, recognition and sovereignty of states, self-determination of peoples and the use of force in international relations.

Using contemporary examples and case studies which address recent and current developments, students will critically evaluate the position and relevance of international law in international politics and society.

The teaching integrates both content and skills in advanced legal research and writing. We will purposefully introduce students to the practices and protocols of advanced study in international law, as well as to the specialised knowledge and skills required of studying at postgraduate level in the Melbourne Law Masters.

Indicative list of principal topics:

• The nature, purpose and language of international law;
• Sources of international law;
• International legal personality, statehood and sovereignty;
• Jurisdiction of states and jurisdictional immunities;
• The responsibility of states for violations of international law;
• Peaceful settlement of disputes and the functions of the International Court of Justice; and
• Regulation of the use of force in international relations (jus ad bellum).

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend full-time students enrol in this subject when they first start their program of study. For part-time students, International Law (LAWS70173) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

The United Nations (UN) is probably the boldest experiment in international relations in the modern era. It is a body of critical importance in the international political and legal arena, particularly with respect to its primary purposes of maintaining international peace and security; maintaining friendly relations among nations; facilitating international cooperation and providing a centre for harmonising the actions of nations in achieving these common ends.

This subject aims to give students an understanding of the UN's role, structure and operation, from both a legal and a practical standpoint. To this end, the subject will examine the law and operation of the UN with reference to relevant case studies. These case studies will be used as examples to illustrate the successes and failures of the UN since its inception, and as a basis for examining the challenges that the UN may face in the future.

indicative list of principal topics:

• The history and evolution of the UN
• The structure of the UN
• The law and practice of the General Assembly and Security Council
• The role of the UN Secretary-General
• The role of the UN in maintaining international peace and security

View detailed information in the Handbook

Globalisation is driving corporate tax systems closer together and often into conflict. For many tax practitioners, it is now not enough to know their own corporate tax system—they must grapple with and question the operation of other corporate tax systems. This subject seeks to develop an ability to understand and analyse any corporate tax system and assess its impact on corporate decision-making. With a dedicated textbook (written by the presenter), this subject compares a number of influential and archetypal corporate tax systems (both common law and civil law) and assesses their behaviour in the context of practical problems. For tax professionals, this subject develops an ability to ask direct and informed questions about a foreign corporate tax system and discuss that system at a high level with foreign tax professionals.

This subject will compare and analyse corporate income tax law in selected countries (Australia, China, Germany and the US, with some reference to the UK) and consider how these laws interface with corporate law. Participants will be encouraged to discuss other jurisdictions with which they are familiar and students are permitted to cover other countries in their research paper. The approaches adopted are analysed by reference to various policy options available. There is a particular focus on problems caused by the artificiality of corporations.

Indicative list of principal topics:

• Identification of entities (including hybrids) subject to corporation tax
• Corporate groups and personal service companies
• Debt versus equity and relief from economic double taxation of dividends
• Cross-border corporate income and dividends
• Gains/losses on the disposal of shares, takeovers and sale of loss companies
• Corporate formation, share buy-backs and liquidation
• Bonus issues, convertible notes, mergers and demergers.

View detailed information in the Handbook

This subject will provide a detailed comparative analysis of the principal topics in international income taxation. Following an introduction to the foundations of international tax systems, the core principles of international income tax will be examined, with the different approaches taken by nations (developed, emerging, and developing countries) outlined and critiqued. This discussion will include the multilateralised bilateralism established by the tax treaty models of the OECD and UN, which form the basis for the more than 3.500 existing tax treaties. Based on a deeper understanding of those building blocks, the different perspectives of various nations with regard to the fair allocation of taxing rights, especially in the globalised and digitalised economy, will be explored. We will include a focus on the recent and ongoing (multilateral) attempts to stabilize the international tax system, such as the OECD Base Erosion and Profit Shifting (BEPS) project, the OECD Two Pillar Solution, ongoing transparency efforts, and work on the UN Framework Convention. It will also address the relationship between international trade and investment law and tax law, particularly amid rising trade tensions.

Our subject equips students to analyse international tax issues using a comparative approach and to acquire a deep understanding of the underlying structural, institutional, and policy influences that have shaped and will shape international income tax systems. This knowledge is directly applicable to analysing international tax problems in any country.

Indicative list of principal topics:

• Broad trends in international tax policy and structure across countries;
• Jurisdiction to tax (residence and source) and the impact of tax treaties;
• Taxation of foreign income of residents, including elimination of double taxation;
• Taxation of non-residents, including the scope of source taxation and "fair" allocation of taxing rights;
• International anti-avoidance rules, including controlled foreign company rules, thin capitalisation rules/interest barrier rules, indirect transfer rules, and transfer pricing;
• OECD and UN initiatives in international taxation, including BEPS, Two Pillars, UN Framework Convention, Global Forum);
• The relationship between international trade and investment law and tax law.

View detailed information in the Handbook

International Legal Internship allows students to gain credit for undertaking advanced legal research and analysis on an approved international internship of at least five weeks of full-time work in an approved international institution or organisation. This subject is focused on providing students with an opportunity to engage with legal and policy issues in contemporary society through work experience and further develop oral and written communication skills. Students are required to secure and fund their internships personally.

Students are encouraged to discuss their internship proposals with the subject coordinators. Students who successfully enrol in International Legal Internship must arrange a meeting with at least one of the subject coordinators both prior to their internship and upon completion, to develop a better understanding of research and the role of international institutions in international law and relations.

Important information about enrolling

This subject is not available for self-enrolment but is an application-based enrichment subject, which means prospective students must apply to enrol.

More information about the application process can be found on the MLM International Legal Internship webpage.

View detailed information in the Handbook

The ability to influence and persuade is a key skill for policymakers and public managers whether it’s presenting advice to senior decision makers, influencing a group in a meeting or building support with stakeholders.

This subject provides a practical introduction to persuasion, exploring both classical and contemporary theories and ideas. It draws on the art of rhetoric and the fields of social psychology, communication and management. Students will be introduced to the key concepts and tools underpinning persuasion and learn how to influence, build rapport and trust. The use of persuasion will be explored in a range of scenarios at the individual and group level through case study analysis and practice-based tasks which will develop students’ hands-on skills.

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed as an introduction to international law and, therefore, provides students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of issues such as dispute settlement, jurisdiction and immunities, and the use of force. Contemporary examples will be used to enrich student learning. Students will be encouraged to critically evaluate the position and relevance of international law in international politics and society by addressing past and current developments through case studies. The members of the teaching team are scholars in international law who have developed specific areas of specialisation in international law.

Indicative list of principal topics:

• The nature, purpose and language of international law
• Sources of international law
• International legal personality, statehood and sovereignty
• Jurisdiction of states and jurisdictional immunities
• The responsibility of states for violations of international law
• Peaceful settlement of disputes and the functions of the International Court of Justice
• Regulation of the use of force in international relations (jus ad bellum)

This subject provides an introduction to the basic concepts and norms of the public international legal order. It is designed for those with no (or very limited) background in international law. Students who have completed an undergraduate subject in international law or have some professional experience are advised to consider other international law offerings.

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend part-time students enrol in this subject when they first start their program of study. For full-time students, Principles of International Law (LAWS90295) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook