Glossary

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Peoples' Tribunals and International Law - LAWS8153

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 24

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200 or 9210 or 9230 or 5740 or 9211 or 5211 or 9240 or 5760 or 9220 or 5750 or 9235 or 5235.

CSS Contribution Charge: (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Since the 1960s there have been dozens of “peoples’ tribunals”, “citizens’ tribunals” or similar commissions of inquiry established outside formal State and international structures. These have addressed alleged violations of international law, human rights and moral and ethical standards in areas ranging from the conduct of the Vietnam war, through violence against women, to environmental degradation, the impact of debt, and the rights of workers. The aim of this course is to analyse and evaluate the phenomenon of “citizens’ tribunals” and “peoples’ tribunals”. It will examine how these institutions are conceived of by those who establish and participate in them, and will analyse their role as forms of accountability that exist outside State-sponsored structures. The course will explore the importance of legal form to the constitution and conduct of such tribunals, the extent to which international law (existing or desirable) is invoked as part of the argumentation of the tribunals, and the contributions that such tribunals have made to public acceptance and endorsement of international law standards, to the assessment of the legitimacy of government and intergovernmental actions, and to promoting the causes of those who have organsied such tribunals. The course will have as a primary focus the work of the Permanent Peoples’ Tribunal, but will explore other tribunals as well.

LLM Specialisations

Dispute Resolution
Human Rights and Social Justice
International Law

Recommended Prior Knowledge

LAWS8180 Principles of International Law or LAWS8181 International Human Rights or equivalent introductory public international law course. Students should have a basic knowledge of the nature and sources of international law, international institutions involved in law-making and dispute resolution, and of the fundamental norms of international human rights.

Course Aims

To assist students to develop an understanding of the historical evolution and modern relevance of international law and its institutions, and its limitations for addressing particular categories of grievances;
To give students an understanding of the limitations of the State-sponsored system of international law, and to explore the role of civil society institutions engaging with and operating outside that system, and the manner in which State-endorsed international norms can be deployed outside that State-based system;
To assist students to develop a critical understanding of the international system and the opportunities it provides for the resolution of disputes governed by international law.

Learning Outcomes

A student who has successfully completed this course should be able to:

Explain the reasons for the emergence of peoples’ tribunals or public opinion tribunals in the modern world and demonstrate familiarity with the common features of and important differences between the more prominent international citizens' tribunals;
Explain and critique a number of theoretical frameworks that aid in understanding the emergence and function of such tribunals;
Demonstrate a critical understanding of specific tribunals and the manner and effectiveness of their deployment of international law, and their potential to influence legal, political or social change (as well as their limitations).

Assessment

Class Participation 10%
Research Essay Outline 10%
Research Essay (6000-7000 words) 80%

Course Texts

A full reading list will be provided in the course outline at the commencement of semester.