Can intellectual property law clash with human rights? What can States do about it? In an increasingly virtual environment, understanding the impact of intellectual property becomes more and more important. The increasingly broad scope of international law means that seemingly disconnected fields within it, such as intellectual property law and human rights law, increasingly intersect and potentially clash. The tobacco plain packaging disputes Australia has been party to in the World Trade Organisation show that there are potentially competing obligations for states for both the human right to health and international trade mark law. This subject looks at that conflict and other conflicts, in the context of growing interactions between human rights law and intellectual property law in international law and theory. Investigation of the theoretical underpinnings of each field of law helps students to evaluate the legitimacy of these laws.
Students consider whether intellectual property can be protected as a human right and the impact of this on rights to cultural participation and the benefits of scientific progress. In this subject, students develop an understanding of international intellectual property law and international human rights law and analyse the way that they intersect in international and domestic law. Through case studies, students apply this understanding to real life conflicts that have emerged between the two fields of law. The case studies focus on different types of intellectual property and their impact on the human rights to health, freedom of expression and education. In this subject, students investigate domestic mechanisms like human rights compatibility statements for intellectual property laws. Students develop a deeper understanding of important institutions within the United Nations and the World Trade Organisation. Students investigate and critically evaluate the mechanisms available in these institutions for resolving these clashes of law. These approaches allow students to develop a theoretical, doctrinal and practical understanding of intellectual property and human rights law.
Are you interested in the work of refugee and human rights lawyers? Would you like to use and develop your legal knowledge and skills to assist asylum seekers who are in the process of applying for protection and asylum in Australia? This subject is designed to allow students to gain a sophisticated insight into and understanding of the practical realities of refugee law and practice in Australia. Students will participate in a unique clinical experience where they work on actual refugee client files in partnership with the Refugee Advice and Casework Service. This practical work is supervised by UTS Law staff in conjunction with RACS solicitors as the local refugee legal partner organisation.
The clinical experience will be accompanied with seminar-style teaching in which students are introduced to the legal principles and procedures of international refugee law and their application in the Australian domestic context. Students will learn about the historical development of refugee law in Australia and how to evaluate the key features and limitations of the current refugee status determination system in Australia. Students will also deepen their understanding of administrative law and statutory interpretation through detailed readings of key recent High Court decisions that have transformed refugee law and policy in Australia.
Students wishing to undertake this subject must first lodge an expression of interest via CareerHub which will be reviewed by the Faculty. Students will be advised via email of the outcome of their application and provided enrolment instructions should their expression of interest be successful.
Family Law: Children and Parenting 78272
Subject Coordinator: Norman O’Dowd
Autumn 2020 & Summer 2020/21
This JD subject is a family law subject looking in depth at issues in relation to breakdown of family relationships, the impact on children and the resolution of parenting disputes. Students will have the benefit of input from lawyers who have represented children in family law matters, dispute resolution practitioners and family law experts. The subject will consider processes dealing with resolution of disputes and will consider reform of the current family law system. This subject is complimentary to, but independent of, Family Law: Property and Financial Matters 78273.
This JD subject is a family law subject focussing on the financial impact of relationship breakdown. The subject will look at various modes of dispute resolution of financial matters. The subject will consider the issues raised by agreements made before relationships (“pre-nups”) as well as those made at the end of relationships. How do judges resolve financial disputes and what issues are relevant? Child support regimes will be studied together with suggestions for reform. This subject is complimentary to, but independent of, Family Law: Children and Parenting 78272.
The subject deals with the UN, the EU, and other international organisations that seek to govern the world. From global health, trade, climate change, through human rights, migration, and finance to war, international organisations play an increasingly important part in our lives.
In this subject, we undertake a case study of UN peacekeeping, including the UN Peacekeepers who brought cholera to Haiti following the devastating earthquake, and the UN’s responsibility for genocide in Bosnia and Rwanda. Guest speakers in 2019 included a Spanish diplomat discussing EU law and Brexit; former head of Policy and Best Practices in the Department of Peacekeeping Operations, UN New York; former logistics manager of UN missions in Sudan, South Sudan and Iraq; and a WHO expert discussing Ebola in West Africa and the DR Congo. We discuss career options and ask guest speakers how they started out in their careers. Assessment comprises a UN Security Council role play, class participation, writing a legal opinion and a review essay.