LWZ298 Transnational Law
This assignment requires you to answer the question below.
Your answers should be supported comprehensively by relevant legal authorities, including legislation, case law, law reform commission reports, journal articles and
texts.
Note: All assignments should be submitted through Learnline.
Assignment Question
To what extent can transnational legal theory be distinguished from the common law foundations of Australian Law and to what extent do transnational arrangements make
international law obsolete? In answering this question you may wish to consider what key issues need to be addressed to make sense of some broad trends in law’s
extension beyond the boundaries of nation states. As a minimum you will need to identify the following:
Some Transnational legal theory.
An understanding of Common Law foundations / legal theory and its impact in Australia and in international law.
At least 1 comparative example from a jurisdiction not founded on the common law and / or a post-colonial jurisdiction.
Use the resource list in your week1 materials. Most of what you need is there.
Mark Allocation:
Your assignments will receive a mark out of 40. This mark will make up 40% of your mark for LWZ298 Transnational Law. The mark allocation appears below. For details
on what is expected to achieve the various grade bands (HD, D, C, P, F), see the General Assessment Rubric – Assignment, which follows.
Criteria Marks Details
Demonstrates understanding of the criminal law in the areas identified. 15 Student demonstrates an accurate knowledge of the law (international, national and
local), and an ability to analyse and apply the case law, statutory provisions and other relevant material to answer the question asked.
Demonstrates an ability to formulate a well balanced argument to support a proposition.
15 Students will be assessed on their ability to formulate a well balanced argument; not on whether the ultimate conclusion accords with the perceived
view of the marker. Students should consider the issue from both a prosecution perspective and a defence perspective.
Citation 5 Every piece of information that does not come from the problem, or from the student’s own life experience, is footnoted, regardless of whether
the information is paraphrased or quoted directly. The footnotes contain appropriate legal authorities. The formatting of the footnotes should follow the Australian
Guide to Legal Citation (3rd ed, MULR) (available online at https://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf.
Pinpoint citations are used where appropriate. There is a footnote at the end of each quote.
Style and structure 5 Assignment is logically structured using sub-headings. Sentence and paragraph length assist readability. Language is clear and precise.
Assignment is free of spelling errors and grammatical mistakes.
Total Marks
40
GENERAL ASSESSMENT RUBRIC – ASSIGNMENT LWZ298 Transnational Law
HIGH DISTINCTION DISTINCTION CREDIT PASS FAIL
CONTENT (DESCRIPTION AND ANALYSIS OF ISSUES, STATUTE, CASES & SECONDARY MATERIALS)
AND RESEARCH
[30 MARKS]
Correctly identifies, describes and applies all of the principles and rules relevant to the question and properly cites the authority for them, with
explanatory observations of optimal clarity that illuminate and clarify those principles and rules and enhanced by exceptional insights. Clear, succinct and sound
arguments with strong critique and analysis enhanced by exceptional insights.
Exceptional research and reading of primary and secondary sources. Research is integrated into the essay and informs the student’s critical approach to the topic.
[25.5-30]
Correctly identifies, describes and applies all of the principles and rules relevant to the question and properly citing the authority for them, with clear and
succinct explanatory observations that illuminate and clarify those principles and rules. Clear, succinct and sound arguments with strong critique and analysis.
Considerable research and reading of primary and secondary sources. Research is integrated into the essay and informs the student’s critical approach to the topic.
[22.5.-25] Correctly identifies, describes and applies all of the issues related to the question though with expression, in some instances, of less than optimal
clarity and precision. Correctly identifies and describing all of the principles and rules relevant to the problem and properly cites the authority for them. Some
attempt at critique and analysis.
Reasonable evidence of original research and reading of primary and secondary sources beyond basic prescribed texts and case law. Some integration into the essay
itself.
[19.5-22] Correctly identifies and describes the main issues though not expressed and with optimal clarity and precision. Correctly identifies a majority of the
principles and rules relevant to the question, with the omission of some, but sufficient for a reasonably effective practical analysis of the question.
Some evidence of original research and reading of primary and secondary sources beyond basic prescribed texts and case law, but not well integrated into the essay
itself.
[15-19] Missing the main issue(s) and/or many correct principles and rules not identified.
Little or no evidence of original research and reading of primary and secondary sources beyond basic prescribed texts and case law.
[0-14.5]
CITATION AND RELATED TECHNIQUE
[5 Marks]
Exceptional and error-free grasp of citation and related techniques.
[4.5-5]
Excellent and largely error-free grasp of citation and related techniques.
[4] Good grasp of citation technique etc. with only a few careless errors.
[3.5] Acceptable standard but significant number of errors evident.
[2.5-3] Numerous errors – work not at an acceptable standard for higher education studies.
[0-2]
STYLE AND STRUCTURE
[5 Marks]
As for Distinction level, but both style and structural aspects are exceptionally strong.
Attention to detail in grammar, syntax, punctuation and spelling is exceptional and error-free.
[4.5-5] Logical progression of ideas with a clear structure that enhances the thesis. Headings and sub-headings are appropriately employed. Writing is smooth, skilful
and coherent. Sentences are strong and expressive with varied structure. Expression is consistent and words well chosen.
Strong and confident grasp of grammar, syntax, punctuation and spelling, with careful attention to elimination of careless errors.
[4]
Writing is clear and sentences have varied structure. Expression is consistent and appropriate. Logical progression of ideas. Headings and sub-headings are
mostly appropriately employed.
Good grasp of grammar, syntax, punctuation and spelling, though a handful of careless errors may be present.
[3.5] Organization is reasonably clear Headings and sub-headings are employed, though not always effectively. Writing is clear, but sentences may lack variety.
Expression is mostly appropriate, though there may be some prolix, colloquial or excessively informal expression. Sentence structure is mostly acceptable, though
sentences may sometimes be fragmented or confusing.
Acceptable standard of grammar, syntax, punctuation and spelling, but significant number of errors are present.
[2.5-3]
Little or no discernable organizational structure. Writing is confusing, hard to follow. Contains fragments
and/or confusing compound sentences. Inappropriate expression in places.
Numerous errors evidencing lack of understanding of basic grammatical and similar principles. Work not at an acceptable standard for higher education studies.
[0-2]
