LEGAL577-19B (HAM)

National & International Human Rights Law

30 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law
Faculty of Law Dean's Office

Staff

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Convenor(s)

Claire Breen

Claire Breen
6037
N.4.12
To be advised
claire.breen@waikato.ac.nz

Lecturer(s)

Administrator(s)

Placement Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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Paper Description

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This paper examines the international framework for the promotion and protection of human rights, including civil, cultural, economic, political and social rights and how the standards set can be implemented at the national and international level.
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Paper Structure

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The course is a full-course taken over Semester B. Students are required to attend a two-hour weekly seminar
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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Understand, analyse and critique the laws, procedures and institutions which comprise international and national human rights;
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  • Demonstrate in-depth knowledge and understanding of the broad issues and context surrounding national and international human rights
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  • Describe the key institutions, actors and issues in this arena, and place them in their correct legal context.
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  • Demonstrate both a critical, yet constructive, approach to national and international human rights law
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Assessment

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The Assessment for this paper comprises a: Research Proposal, Research Presentation and a Research Project.

Research Proposal

The research proposal should be 2,000 words in length and comprise:

A Topic and Thesis Statement. This sets out in one or two paragraphs the topic you intend to research. The statement should open with the questions and issues which have stimulated your interest in the topic followed by an explanation of why these questions merit the research in the way you propose. The statement should include a tentative thesis statement in which you articulate the propositions upon which your research paper is focused and any conclusions which you anticipate may emerge from your research.

An Annotated Structural Outline: this comprises an annotated outline of the structure of the proposed paper broken down into section headings. Under each heading you should provide a short explanation of how this section of the paper relates to the purpose of your research and your argument. Bear in mind the logic of the argument you want to make in support of the conclusion you aim to draw in answering your research questions.

An Annotated Bibliography: this comprises an interim bibliography annotating the items of core literature that appear to be relevant to your topic.

In some circumstances, additional material will be required, e.g., a timetable for the attainment of different objectives, a section on methodology, or an outline of ethical issues.

The research proposal is not binding. Research work inevitably keeps changing, right up to its completion. The process of putting a proposal together verifies that you have found at least one piece of work that appears to be viable, and have begun to think systematically about the issues it raises.

You may be required to amend your research proposal to ensure that you are adequately prepared to begin writing your research paper. The criteria involved in marking the proposal include:

  • Clarity of definition of the topic;
  • Logic, clarity and organisational structure of the outline;
  • Relevance of the annotated bibliography and quality of the annotations;
  • Proper use of the New Zealand Law Style Guide.

Research Project

The research paper must be not shorter than 8,500 words and not longer than 9,500 words (including footnotes). In this paper the student must demonstrate the ability to:

  • Engage in a detailed and critical analysis of the law relevant to the topic;
  • Locate the topic in the relevant context(s);
  • Make appropriate comparisons, if relevant; and
  • Identify, discuss and analyse relevant core legal concepts.

Research Seminar Presentation

Students will be required to make a 15 minute presentation + 5 minutes for discussion and questions (20 minute limit strictly adhered to) on their draft research paper in class and to answer any questions about it (total time for each student presentation is 20 minutes). The presentation should demonstrate that you have responded to comments on your proposal. It should include an outline of the topic, its core questions, your research findings to date, and your argument.

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Research Proposal
19 Aug 2019
12:00 PM
20
2. Research Presentation
10
3. Research Paper
14 Oct 2019
12:00 PM
70
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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Coppard, McLay, Murray & Orpin-Dowell New Zealand Law Style Guide (3rd ed, 2018).

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Recommended Readings

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Students may find the following text to be useful Alston and Goodman (eds) International Human Rights (OUP 2013)

General introductory chapters to international human rights law can be found in Textbooks such as:
Brownlie, Principles of Public International Law
Shaw, International Law
Harris, Cases and Materials on International Law
Evans, International Law
Abass, International Law: Text, Cases and Materials.

In addition, the above texts have introductory chapters on international law and the international legal system more generally. Students who have not taken Public International Law at the undergraduate level should read these chapters.

The following journals may also constitute useful starting points: Human Rights Quarterly, Human Rights Law Review, International Journal of Human Rights, and the International Commission of Jurists’ Review.

Students should also become familiar with the webpage of the Office of the High Commissioner for Human Rights, Amnesty International, Human Rights Watch, ESCR-Net, NZ Human Rights Commission.
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Other Resources

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Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

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Online Support

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Online support for this paper is provided via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.

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Workload

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Students should expect to spend 300 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
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Linkages to Other Papers

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Prerequisite(s)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS577

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