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LAWS5178 - Development, Law and Human Rights
Faculty of Law (Sydney Law School) - 6 credit points
HECS Band three
EFTSL: 0.125000000
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Department: Law
Offered session(s): 9, 48
Prohibitions: LAWS3478
Teacher/Coordinator: Prof Ben Saul, Ms Irene Baghoomians (Nepal); Dr Livingston Armytage (Sydney)

Classes: Summer school: held as a field school in Nepal (15 Jan-2 Feb 2012) Semester 2: 1 x 6-hr seminar/week for 6 weeks (weeks 1-6)

Assessment: 2hr exam (40%) and 4000wd research essay (60%)

This unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries, through an interactive field school conducted over two weeks in Nepal, one of the world's poorest countries. The themes to be explored are likely to include:
* The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of the monarchy in Nepal (including issues of transitional criminal justice, the drafting of a new constitution, and building a new legal and political system in light of Nepalese legal traditions and foreign legal influences);
* The protection of socio-economic rights (including rights to food, water, housing, and livelihoods), minority rights (of 'tribals', and 'dalits' in the caste system), and the 'right to development' under constitutional and international law;
* The interaction between local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies;
* The legal protection of refugees (Tibetan or Bhutanese) in camp or mass influx situations, in the context of the limited resources of a developing country and the causes of, and solutions to, human displacement; and
* The experience of women in development and human rights processes.
The issues will be drawn together by reflection upon the influence of, and resistance to, human rights and international law in developmental processes.Enrolment to the field school is by application in August 2011.
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