LLIR9512 Marginalised Populations and International Law

2019

4.5

1 x 6.5-hour on-line exercises weekly

1 Admission into MLAWILIR-Master of Laws (International Law and International Relations)
1a Admission into MLAWILIRA-Master of Laws (International Law and International Relations) [1.5 years]
1b Admission into JD-Juris Doctor
1c Admission into MIR-Master of International Relations
1d Admission into MLAWILIRP-Master of Laws (International Law and International Relations) [1 year]
2 Admission into BLAWSH-Bachelor of Laws (Honours)
2a Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
2b Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2c Admission into BLLAWH-Bachelor of Laws (Honours)
2d Admission into BLLAWHFP-Bachelor of Laws (Honours) - City Campus
3 72 units of LLAW topics
Must Satisfy: (((1 or 1a or 1b or 1c or 1d)) or ((2 or 2a or 2b or 2c or 2d) and 3))

Assignment(s), Online assessment

This topic is concerned with marginalised populations, sometimes called minorities, the disempowered, subordinates, vulnerable people etc. The language used to describe people who lack voice or power within a certain system or society is in fact one of the issues we will look at in this topic (because a label in itself can be disempowering!). We will also be concerned with questions related to the meaning of marginalisation (or any of the terms used as synonyms) and the difficulties marginalised people face in accessing justice. Our focus is on the ways international law can present both a tool to empower marginalised populations, as well as present barriers originating from a system that itself has not always been overly inclusive. Four groups will receive our specific attention: Indigenous peoples, persons with disabilities, children and religious minorities.

This topic aims to teach students to:

• Be aware of the power of language
• Understand marginalisation within the context of international law
• Examine the law that applies to marginalised populations generally and selected groups in particular
• Appreciate how the law can be used as a tool for empowerment, but also…
• Consider in what ways the law itself might disempower populations
• Assess how international law can include (certain) and give voice to marginalised populations
• Think critically about how international law can improve the situation of (identified) marginalised populations.

This topic further aims to:

• Encourage students to take responsibility for their own learning
• Provide students with the opportunity to develop their opinions
• Develop students’ awareness of the different types of arguments (legal, moral, practical) that inform debates on marginalised populations
• Cultivate students’ analytical skills
• Offer the opportunity to research a topic in-depth
• Support students in successful cooperation with peers.

On completion of this topic, students will be expected to be able to:

1. Have a broad understanding of the concept of marginalisation
2. Show awareness of the ways in which international law has sought to tackle marginalisation
3. Identify the rights, rules and principles that apply to the identified populations: indigenous peoples, persons with a disability, children and religious minorities
4. Understand that international law offers tools to marginalised populations, but that neither their design, nor their workings are always perfect
5. Appreciate the ways in which international law can empower and disempower marginalised populations
6. Debate how international law can improve the situation of (identified) marginalised populations.