While there are established courses and literature on jus ad bellum (International Law and the Use of Force) and jus in bello (International Humanitarian Law), the idea and content of a jus post bellum has only in recent years become the subject of practical significance and intense debate. International interventions in Kosovo, East Timor, Afghanistan andIraq, along with the development of peacebuilding operations inCambodia andSomalia, have led to the on-going development of a legal framework to govern the post-conflict situation. By inviting an internationally renowned international security law scholar, Professor Nigel D White, this special elective course will identify and assess the applicable law, which draws on elements of peacekeeping law, international human rights law, international humanitarian law, international criminal law, and other rules of general international law in the specific context of post-conflict governance.

Through this course, Post Conflict Situations in Internatioanl Law, students will develop advanced specialised knowledge of international law as applicable to post-conflict situations. To that end, a participant who has successfully completed this course will:

1)   Have a sound understanding of the various legal frameworks that govern post-conflict situations;

2)   Demonstrate cognitive skills to critically analyse the recent developments inCambodia, Kosovo, East Timor, Afghanistan,Iraq, and other post-conflict situations;

3)   Understand and critically reflect on theoretical foundations, concepts, and challenges relevant to post-conflict governance;

4)   Be able to undertake an in-depth examination of international law issues arising in the context of post-conflict governance;

5)   Plan and execute a substantial research-based project with adequate methodology, creativity and initiative to address new and emerging legal issues in the context of post-conflict governance.  

Research Foundation Paper (1,500 words): 30%

Major Research Paper (5,000 words): 70%

Five days of face-to-face classes plus preparation reading for and time for reseach and study for assessment items.

LAWS8182 Principles of International Law

Corequisite - LAWS8182

There is no prescribed text for this course.

In view of the intensive nature of the course, it is highly desirable for you to do some preliminary reading for the first classes. A list of core and recommended readings will be provided on the course Wattle site a few weeks prior to the commencement of the course.

Preliminary Reading

• Carsten Stahn, The Law and Practice of International Territorial      Administration: Versailles to Iraq and Beyond (CUP, 2008).
• Jane Stromseth, David Wippman and Rosa Brooks, Can Might Make      Rights? Building the Rule of Law After Military Interventions (CUP, 2006).
• Michael W Doyle, Making War and Building Peace (Princeton      University Press, 2006).
• Simon Chesterman, You, The People: The United Nations, Transitional      Administration, and State-Building (OUP, 2004).
• Christine Bell, On the Law of Peace (OUP, 2008).
• Brett Bowden, Hilary Charlesworth and Jeremy Farrall (eds), The      Role of International Law in Rebuilding Societies After Conflict, Great      Expectations (CUP, 2009).
• Richard Caplan, International Governance of War-Torn Territories:      Rule and Reconstruction (OUP, 2005).
• Vincent Chetail (ed), Post-Conflict Peacebuilding: A Lexicon (OUP,      2009).
• Mark Freeman, Necessary Evils: Amnesties and the Search for Justice      (CUP, 2009).
• Carsten Stahn and Jan Kleffner (eds), Jus Post Bellum: Towards a      Law of Transition from Conflict to Peace (Asser, 2008).
• Nigel White and Dirk Klaasen (eds), The UN, Human Rights and      Post-Conflict Situations (Manchester University Press, 2005).
• Ralph Wilde, International Territorial Administrations: How      Trusteeship and the Civilizing Mission Never Went Away (OUP, 2008).
• Boris Kondoch (ed), Peacekeeping (Ashgate, 2008).
• Ray Murphy (ed), Post-Conflict Rebuilding and International Law (Ashgate, 2012)

Key Journals

• Journal of Conflict & Security Law
• Journal of International Criminal Justice
• Journal of International Peacekeeping
• Journal of Transitional Justice
• International Peacekeeping

Access to the internet