This course is a 'hollow log' and the content may vary from year to year. It is designed to accommodate visiting lecturers or to trial a course before introducing it into the full curriculum.

The course/topic for 2009 will be Peacekeeping and Peacebuilding

This course assesses the legal and politico-legal dimensions of peacekeeping and peacebuilding operations in fragile states. Participants review the evolution and legal foundations of modern international peacekeeping and territorial administration in the broader context of international law.

We consider legal issues arising between hosts and the UN or regional bodies and contributing states (including use of force, policing and detention authority in peace operations; the extent to which international human rights law and humanitarian law apply to peacekeeper conduct and proposals for greater accountability).

The course will cover international law aspects of regional and coalition mechanisms and peacekeeping operations, and of the use of private military actors including by UN authorities. We consider legal aspects of the mandate of UN and other bodies involved in extensive reordering of societies after the peacekeeping phase. We analyze the extent to which, after conflict, international law sets minimal standards or prescriptions on a range of ‘state-building' processes, from transitional justice to elections.

It is necessary to also question the extent to which particular ideological preferences are manifested in prescriptions for ‘post-conflict reconstruction'. To what extent is peacebuilding ‘empire-building' and is international law an instrument of such a process? What expectations do we have for international law in rebuilding post-conflict societies and what role do lawyers play:  what should be ‘reconstructed', in what image and in whose interests, and by whom?

The course looks at peacekeeping and peacebuilding in the context of evolving law, policy and practice on humanitarian intervention, the responsibility to protect, the modern law applicable to ‘occupying' powers, and the proper role and powers of the Security Council.

Research essay of 6,000-8,000 words.

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

Click here for 2009 Graduate Law Timetable