This unit provides a critical overview to law and justice reform in international development. It analyses the global reform experience over the past half-century. It interrogates the nature and justification(s) of reform 'theory', studies the empirical evidence of various approaches, and examines the conceptual/practical challenges of evaluating development endeavour, using case studies from the Asia/Pacific region. Students enrolling in this unit will develop an evidence-based understanding of the use of law and justice reform in broader development strategies.

The post-1949 era of 'development' has seen a philosophical and policy shift from nation-building projects of 'modernisation' to the local responsiveness of market forces and civil society. An anthropological emphasis on cultural and local difference and a sociological understanding of state and civil society provide a critical perspective on both this history and current debates. Case studies raise questions of health, gender and childhood, project success or failure, and of the hopes and skepticism development evokes.

This unit provides an introduction to public international law. Its purpose is to ensure that students have a thorough understanding of the core principles and problems of, and contemporary issues in, international law. The unit covers the following topics: nature and scope of public international law, sources of public international law, international legal personality, the law of treaties, how title to territory is acquired, state jurisdiction in international law, immunity from jurisdiction, state responsibility for international wrongs, dispute settlement, and the legality of the use of force.

This is a compulsory unit for all postgraduate students who do not hold a law degree or equivalent from a common law jurisdiction entering the: Master of Administrative Law and Policy; Master of Business Law; Master of Environmental Law; Master of Environmental Science and Law; Master of Health Law; Master of Labour Law and Relations as well as Graduate Diplomas offered in these programs. The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law. Instruction will cover the legislative process; the judiciary and specialist tribunals; precedent; court hierarchies; legal reasoning; constitutional law; administrative law; contracts; and torts. Some elements of the unit will be tailored in accordance with the requirements of the particular specialist programs.

Poverty reduction has always been a central development goal. Major international programs such as the UN's Millennium Goals place poverty at their centre. New explanatory concepts such as social exclusion, capability, social capital and sustainability have considerably expanded our thinking about its nature. Students will examine cases from many parts of the world of the way discourses, policies and development practices operate together, enabling an evaluation of contemporary approaches to poverty and their effects on those most vulnerable.

Based on the Project Management Body of Knowledge (PMBOK) this unit introduces the end-to-end project management lifecycle. Students learn how to select appropriate projects based on their alignment with an organisation's strategy and then how to manage those projects successfully from initiation through execution to completion. The unit covers the essential components of effective project management and how to apply them in an integrated manner. The unit also explores both the technical and behavioural aspects of project management - including Microsoft Project - and students gain experience in critically analysing the application of concepts in specific project contexts. As organisations increasingly structure their activities on a project basis, the unit is of value to a range of discipline specialisations. The unit can also contribute to achievement of internationally recognised accreditation from the Project Management Institute (PMI).

This unit will provide students with an overall picture of the modern Chinese legal system. It will develop a perception of its unique character by tracing its role through major social epochs and the role of law in a socialist market economy. It will examine the concept of law as a political function and the implementation of law, not so much through courts, as through administrative fiats and authority, making law essentially a function of politics and administration. The unit will illustrate these perceptions through the study of various legal regimes. Lecture topics may include: Chinese legal history; Chinese legal system; criminal law and procedure; constitutional law; civil law and procedure; legal profession; environmental law; contract law; property law; company law; intellectual property law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law. The coursework component of the unit is residential and is conducted on the campus of the East China University of Politics and Law in Shanghai, People's Republic of China. Lectures will be given in English in Shanghai by professors from the East China University of Politics and Law. There will also be a visit to a Chinese law firm.

How will Donald Trump's presidency affect international law and international relations? How do non-state actors like Islamic State challenge the existing international order? How do we respond to international health emergencies, such as the outbreaks of the Zika and Ebola viruses? These questions all raise issues of global governance, that is, how international affairs are governed on a global scale. They also raise questions about the roles and capacities of individual states within the global order. This unit explores how current systems of global governance operate, the place of states within those systems, and the significance of law to those systems. In doing so, the unit introduces students to a range of historical and contemporary approaches to understanding the role of law in international affairs, and gives students an opportunity to consider these in relation to current events of global import. The sorts of questions with which the unit is concerned may include the following: Are systems of global governance lawful? Are they democratic? What is the role of violence in the contemporary global order? How does/should international law seek to address pressing transnational issues, such as poverty, environmental degradation, global health threats and human rights abuses?

The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available in special circumstances, and with the approval of the relevant Program Coordinator. Please refer to the Sydney Law School website for details on eligibility criteria and application material.

The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available in special circumstances, and with the approval of the relevant Program Coordinator. Please refer to the Sydney Law School website for details on eligibility criteria and application material.

Please refer to LAWS6182 Independent Research Project A.

This unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries, through an interactive field school conducted over two weeks in Nepal, one of the world's poorest countries. The themes to be explored are likely to include: The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of the monarchy in Nepal (including issues of transitional criminal justice, the drafting of a new constitution, and building a new legal and political system in light of Nepalese legal traditions and foreign legal influences); The protection of socio-economic rights (including rights to food, water, housing, and livelihoods), minority rights (of 'tribals', and 'dalits' in the caste system), and the 'right to development' under constitutional and international law; The interaction between local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies; The legal protection of refugees (Tibetan or Bhutanese) in camp or mass influx situations, in the context of the limited resources of a developing country and the causes of, and solutions to, human displacement; and The experience of women in development and human rights processes. The issues will be drawn together by reflection upon the influence of, and resistance to, human rights and international law in developmental processes.

This unit aims to provide an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.

Comparative International Taxation is a detailed study of the basic principles of international taxation (residence, source, relief from international double taxation, anti-deferral rules, withholding tax, transfer pricing, thin capitalisation, and tax treaties). The unit is taught from a global perspective with the emphasis being on comparative analysis (focusing particularly on Anglo, US and continental European approaches, and also developed and developing country approaches). The unit examines the core issues in developing international tax rules and identifies different approaches countries have taken in dealing with these issues. As part of this study, recent trends in international tax rule development will be identified (particularly in the context of globalisation) and critiqued. Students should gain an understanding of the different approaches that countries have taken in the development of their international tax rules.

International finance is front page news: from litigation against mis-selling banks, to the fall-out of the sovereign debt crises (bail-in), the contentious role of activist hedge funds and the (over)reliance on rating agencies, there is no escape. Banks are perhaps still on the back foot, having to prove their value to the community by mains of delivering sustainable finance. This unit introduces and digs deep into the suite of international financial transactions, with a profoundly practical perspective, whilst also showcasing sustainable and development finance in practice.
Key pillars of the unit include lending, capital markets instruments, derivative markets and project finance. Within each pillar specific financial products are analysed, both from a legal and structuring perspective. We look at lending and negotiate a term sheet. We uncover the drivers and documentation of structured finance products such as securitisation and covered bonds. We will also look at the international regulatory reform of for instance the derivatives market and its impact on documentation. Insight is given into credit derivatives. Investor litigation is also a prominent feature of the unit. The lecturer shares his own transactional experience in development finance, from Asia to Africa and Latin America. Guest lecturers from top tier law firms and major banks explain transactions and risks, giving a broader perspective. Case studies and a negotiation session are also included, making this a both challenging and exciting unit. Bottom line: this unit will enhance your skills for application in legal practice. No prior experience in the financial markets is required. To assist students in getting up to speed, some materials will be shared on-line before classes commence.
The lecturer is Jan Job de Vries Robbé, who is Manager of Legal Affairs and Compliance at the Dutch Development Bank FMO and has extensive experience in international finance.

This unit introduces students to the principles and practice of international human rights law - a field of public international law and policy of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: what happens when we regard a situation or predicament as one involving a breach of international human rights law - what possibilities and problems does this entail? Addressing this question, students in this unit will examine: (a) forums where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure. By the end of this unit, students should be able to formulate written and oral arguments by reference to key international human rights law instruments and principles; give strategic advice as to available avenues of recourse in international human rights law; and advance an informed critique of particular dimensions of international human rights law scholarship and practice, by reference to contemporary literature in this field.

Refugee Law provides students with a practical and theoretical understanding of the development and operation of international refugee law, and forced migration more broadly. Forced migration is not a new phenomenon. What has changed over the last century is the scale and frequency of the conflagrations causing the mass movement of peoples and the ease with which individuals have become able to move around the world in search of protection. Although Australia's experience of direct refugee flows has been limited, it has not escaped the phenomenon of mobile refugees. Non-citizens who come uninvited and thereafter seek protection as refugees are the source of inordinate public concern and debate. The controversy arises in part from a sense of loss of control of immigration, and also from the cost of the processes available to asylum seekers fighting to remain here. Having signed and ratified the key international treaties, Australia has assumed certain international legal obligations with respect to refugees. The most important is the obligation not to return or 'refoule' a refugee to a place where she or he faces persecution on one of five grounds. This unit is designed to give students a critical understanding of the international legal regime of refugee protection. It begins with an overview of the evolution of refugee law at the international level, considering the various conceptualizations of refugeehood that have characterized international agreements from the period of the League of Nations through to the present day. The unit then turns to issues such as the definition of the term 'refugee' under international (and regional) law, the express exclusion of certain persons from refugee status, the rights and obligations accorded to refugees, the broadening of international protection through principles of human rights and humanitarian law ('complementary protection'), and the impact of terrorism on asylum procedures and eligibility. It considers attempts by States to restrict access to asylum through mechanisms such as carrier sanctions, interdiction, transit processing centres, detention, and 'safe third countries' to which asylum seekers may be removed. Contemporary protection concerns, such as mass influx situations and temporary protection, flight from generalized violence and civil war, internal displacement, burden-sharing, and the question of 'economic migrants' and 'environmental refugees', are also addressed. These considerations necessarily require an understanding of the role of international organizations such UNHCR, the mechanisms in place for refugee status determination and appeals in Australia and abroad, and the jurisprudence that has developed internationally and in Australia relating to the qualification and rights of asylum seekers, refugees and other persons in need of protection.

How to limit and regulate violence in times of war or armed conflict is one of the most pressing challenges for international law. This unit introduces you to the principles and practices of international humanitarian law ('IHL'), also known as the laws of war or the law of armed conflict, including treaty law and customary international humanitarian law. This unit explores: the origins, purposes, sources and critiques of IHL; its scope of application (spatial, temporal and personal); the different types and thresholds of conflict (including international, non-international and 'transnational' conflicts); the status and treatment of combatants and non-combatants and other categories (such as spies, 'unlawful combatants' and 'terrorists'); the permissible means and methods of warfare (including the principles of distinction and proportionality, and prohibitions and restrictions on certain weapons such as chemical, biological and nuclear weapons); the difference in rules governing international armed conflicts (IACs) and those governing non-international armed conflicts (NIACs); the relationship between international human rights law and IHL; and the relationship between the international terrorism suppression regime and IHL.

The aim of the unit is to provide an understanding of the role of government policy within the analytical framework of welfare economics. Questions of central interest include: What are the conditions that justify government intervention? How can policies be designed to support basic principles of social justice? What kinds of reforms promote economic efficiency? Applications will range from taxation and social security to environmental regulation and protection, and will cover the following specific topics: The structure of the Australian tax-benefit system; Uncertainty and social insurance; Unemployment, health and retirement income insurance; Externalities, environmental taxes and tradeable permits; Monopoly and environmental regulation; Utility pricing and access problems; Cost benefit analysis, intergenerational equity and growth. The unit will provide an overview of the main empirical methodologies used in evaluating policy reforms in these areas. Students may select to specialise in one or more of the policy areas.

Climate change impacts are already being felt around the world and governments are called upon to reduce greenhouse gas emissions, engage in climate change adaptation and disaster risk reduction, and respond to the loss and damage caused by climate disasters. Climate disasters demand an integration of multilateral negotiations on emissions reduction and adaptation, disaster risk reduction, sustainable development, Human Rights and human security. Via detailed examination of recent law and policy initiatives from developed and developing countries, this unit offers students a unique approach to human and non-human Climate Justice and its application to all stages of a disaster: prevention; response, recovery and rebuilding; and compensation and risk transfer. The role of insurance plays an important part in compensation and risk transfer. The unit of study comprehensively analyses the complexities of climate science, economics and their interfaces with the climate law-and policy-making processes, and also provides an in-depth analysis of multilateral climate change negotiations dating from the establishment of the 1992 United Nations Framework Convention on Climate Change (UNFCCC) to the 2015 Paris Agreement.

The unit grapples with the issues of global energy and water security at a time of climate change and considers how different jurisdictions such as the United States, the European Union and Australia have developed very different law and policy responses to the issues. It investigates the inevitable links between energy and water security such as where governments choose to rely on hydroelectric power to generate renewable energy at a time of water scarcity, or where the extraction of energy resources might impact on water and food security. Australia is used as a case study to critically analyse how National Competition Principles and deregulatory tendencies may persuade governments to establish national markets to try to best allocate scarce resources. Australia's National Electricity Market and national water trading markets, as well as the corporatisation and privatisation of energy and water utilities, provide fascinating examples of this.

This Unit will provide a comparative and critical investigation of the conceptualisation and operation of criminal law and criminal justice both within Australia and internationally. It will compare and examine how and why different jurisdictions criminalise and punish certain behaviours. For instance, it will explore the categorisation and response to various forms of homicides, including unlawful assault causing death. These comparative investigations will enhance the ability to view law and criminal justice from wider, comparative, theoretical and sociological perspectives and inform criminal law reform in a global context.

This unit introduces students to the international regulation of foreign investment. It examines core principles of international investment law, regional and bilateral investment treaties, the settlement of investment disputes, and the international economic and political context in which the law has developed. The unit considers the origins and evolution of international investment law through to the recent formation of the current international legal framework for foreign investment through bilateral and regional investment treaties. It examines the substantive standards of protection contained within investment treaties (such as the fair and equitable treatment standard, and the prohibition on expropriation without compensation), recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment treaty arbitration under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) and the UNCITRAL Rules. This unit also considers the increased focus on investor responsibility in relation to environmental protection, human rights, development issues, and labour standards. It also examines recent developments including the negotiation of mega-regional trade and investment agreements, such as the Trans-Pacific Partnership Agreement and the negotiations towards the Transatlantic Trade and Investment Partnership.

Today, domestic health and global health are recognized as intertwined and inseparable. The determinants of health (e.g. pathogens, air, water, goods, and lifestyle choices) are increasingly international in origin, expanding the need for health governance structures that transcend traditional and increasingly inadequate national approaches. In this unit, students will gain an in-depth understanding of global health law through careful examination of the major contemporary problems in global health, the principal international legal instruments governing global health, the principal international organizations, and innovative solutions for global health governance in the 21st Century. Class sessions will consist of a combination of lecture and interactive discussion, culminating in a global health law simulation. The class will cover naturally occurring infectious diseases (e.g. extensively drug resistant tuberculosis, malaria, Zika virus, and HIV/AIDS), past (e.g., SARS, influenza A H1N1 and Ebola) and future (e.g., Influenza pandemics), bioterrorism events (e.g., anthrax or smallpox), and/or major chronic diseases caused by modern lifestyles (e.g., obesity or tobacco use).

The aim of this unit is to provide students with a broad overview, on a comparative basis, of the key legal issues commonly faced when investing and doing business in Asia. This unit looks at the regulation of investment across chosen jurisdictions across Asia, including Japan, China and Southeast Asia (particularly Indonesia, but it may also look at jurisdictions such as Malaysia, Thailand, Myanmar and India) and compares them with each other and with the Australian regulatory system. It also looks at international treaties which increasingly impact on foreign trade and investment regulation in the region; aspects of corporate governance, contract and/or competition law; corporate social responsibility and anti-corruption law; dispute resolution (especially international commercial and investor-state arbitration); and key issues in modern comparative law which may assist students in their study of 'foreign' legal systems. The unit also involves case studies and occasional guest lecturers.

This unit provides a framework for understanding the role of law in: the discovery, financing, development and utilisation of energy and resources projects; energy trading on wholesale markets; mining and resources projects, including competition issues and access to essential infrastructure; addressing potential sources of conflict in the energy and resources sector including in dealing with international trade, native title and other indigenous issues, environmental and corporate social responsibility issues; and current national and international energy and resources controversies. Previous topics have included the role of renewable energy in energy security, challenges posed by energy and resources projects in Africa, conflict between Europe and Russia over gas supplies, energy storage, coal seam gas development, international maritime disputes in Asia over offshore oil and gas fields, corruption and transparency, and the Resource Curse in developing countries.

The post-1949 era of 'development' has seen a philosophical and policy shift from nation-building projects of 'modernisation' to the local responsiveness of market forces and civil society. An anthropological emphasis on cultural and local difference and a sociological understanding of state and civil society provide a critical perspective on both this history and current debates. Case studies raise questions of health, gender and childhood, project success or failure, and of the hopes and skepticism development evokes.

The unit aims to provide candidates with a multidisciplinary perspective of the interplay between health and development in low- and middle-income countries from a range of social science and public health disciplines. The unit will cover the following themes: health and development, Sustainable Development Goals, poverty and health, gender and health, , climate change and health, population ageing,, human rights and health, health systems, human resources for health, and primary health care. At the end of the unit, students should be able to demonstrate an understanding of the relation between health and development; demonstrate an understanding of how health systems operate in developing countries; and demonstrate an understanding of the role played by the various international organisations and agencies in health in less developed settings.

This unit introduces students to the interdisciplinary field of Peace and Conflict Studies and the history, philosophy and politics of peace. Students will gain an understanding of the nature and causes of violence, the potential of nonviolence and the means of achieving peace with justice in different conflict settings.

There is a well-established scholarship and governmental interest in both the impact of globalisation on social policy and the emergence of what is increasingly termed 'global social policy' which is a direct response to global social problems. It is a field that is growing in the areas of social policy and social work research and practice and can be clearly linked to increased employment opportunities for social workers and social policy graduates in the international/global arena. A key perspective of this unit of study is from non-government organisations' participation in the development of a global civil society and their contribution to global social policy. It also examines the United Nations Millennium Development Goals and how NGOs have contributed to both the ambitions of the goals as well as the outcomes for different countries. This unit provides opportunities for students to deepen their understanding and knowledge of core global concerns such as poverty, health, education, environment, NGO corporate engagement and gender equality and make links to the vital role of NGOs in these areas.

This unit of study will introduce students to the concepts and multidisciplinary nature of sustainability, starting with the physical basis of climate change and its impact on the environment and human development. This will be followed by several case studies covering Energy, Health, Development and Environment. The case studies will be presented by industry professionals and will illustrate sustainability issues currently before Australia- their origins, impacts and industry responses. The unit of study will provide students with a holistic systems lens through which to view their learning throughout the Masters program. This will underpin understanding of the integrated nature of sustainability and facilitate the challenging of silo-based assumptions- their own and those of others. The intention is to ground understanding of complex systems in the real world through the use of case studies that will demonstrate organisational change and problem solving in a world with competing values and conflicting views of what it means to live sustainably. Students completing the unit of study will have a "sustainability tool kit" to apply to sustainability issues in their professional and community activities.