| Essay Question The sources of International Law have been criticized by various scholars on the basis that they are not truly sources of law. Fitzmaurice, in his article ‘Some Problems Regarding the Formal Sources of International Law’ (1958) Symbolae Verzijl 153, asserts that treaties are a source of obligation rather than a source of law. Dunbar, in his article ‘The Myth of Customary International Law’ (1983) 8 Australian Yearbook of International Law 1, claims that customary international law does not exist. Guggenheim and Tunkin, amongst others, state that the source ‘general principles of law’ adds nothing to what is already included in treaties and customary law. Judicial decisions and the teachings of the most highly qualified publicists are said to represent evidence of the law, rather than sources of the law. Are any or all of these criticisms valid? If any of the sources of International Law can be impugned, what implications does this have for the viability of International Law as a legal system? Format of Work Essays must be in the following format: The research essay must take the form of a coherent and cohesive essay. Sub-headings are an effective organizational device. The maximum length for the body of the essay is EIGHT PAGES. Additional pages will not be read. Footnotes must be organized so as to appear in a separate section, to be entitled Endnotes. The Endnotes section of the essay is to be placed after the body of the essay, and is not to be included within the eight page limit specified above. Footnotes must only contain references to other sources. Do not include ‘text’ (whether original words or quotations) in any footnotes. A Bibliography must also be attached, but again it is not to be included in the eight page limit of the body of the essay. All pages must be numbered. All pages must be in black type, on white A4 paper, printed on one side only, with 3 cm. margins on all sides. The font size must be 12 point font using the ‘Times’ font and line spacing must be double-spaced. Essays must conform to the format outlined above. Marks will be deducted for failing to do so. Acknowledgement and Referencing USE AGLC referencing style. You must acknowledge all source s of information. You should ensure that you are familiar with the rules on referencing an acknowledgment. You should consult the University policy on Acknowledgement Practice, which is available in the Calendar, and on line. You should also be aware of the Policy on Plagiarism, which is on line, and set out in the Studying Law 2016 handbook. Plagiarism will not be tolerated, and if you do plagiarise, severs penalties will apply. Textbook: Donald R. Rothwell’s INTERNATIONAL LAW CASES & MATERIALS WITH AUSTRALIAN PERSPECTIVES Marking Criteria In assessing your answer to the essay, the marker will be evaluating the extent to which you have : a) made your answer – and each part of your answer – relevant to the question; b) developed and sustained clear, structured and critical argument; c) employed a concise, clear writing style; d) effectively made use of research beyond the prescribed readings; e) adhered to the format requirements. |
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