This course will focus on the impact of the 1982 Convention on the Law of the Sea and more recent supplementary agreements in the light of current State practice, seeking to identify, in particular, the extent to which its provisions have become part of customary international law in that area.

The course will address the following:

• the history of Law of the Sea concepts
• internal waters, territorial waters and the regime of innocent passage
• the contiguous zone
• transit passage through straits used for international navigation
• islands, archipelagoes and the regime of archipelagic sealanes passage
• the Exclusive Economic Zone
• the Continental Shelf
• recent developments in delimitation of maritime zones
• the high seas and the management of High Seas fisheries
• deep-seabed mining and the International Area.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Explain, distinguish and apply advanced knowledge of the key concepts and principles that are applicable in the law of the sea and apply this knowledge in the context of the specific workings of international law, especially other relevant treaties, customary international law and methods of dispute resolution;
2. Demonstrate extensive practical and theoretical familiarity with the provisions of the 1982 United Nations Convention on the Law of the Sea
3. Analyse and show advanced understanding of some of the key law of the sea issues confronting Australia and the Asia Pacific region;
4. Identify how the law of the sea interacts with related areas of international law such as maritime security and concepts of state sovereignty; and
5. Plan and compose an advanced-level research paper which critically examines one or more contemporary law of the sea issues.

Research-Led Teaching

The course has a strong focus on research-led teaching with respect to a) the relevant literature on the law of the sea, and b) the research experience and practical legal experience of the convenor in law of the sea; and c) the research experience of invited guest lecturers and other presenters in law of the sea.

Required Resources

The prescribed text for this course is: Donald R. Rothwell and Tim Stephens, The International Law of the Sea 3rd Hart/Bloomsbury, Oxford: 2023

The text is available at the ANU branch of Harry Hartog: http://www.harryhartog.com.au/textbooks. Additional resources will be made available via the course WATTLE site

Recommended Resources

In advance of the course commencing it is recommended that you undertake the following preliminary reading:

•  Rothwell and Stephens, The International Law of the Sea 3rd : Chapter 1
•  1982 United Nations Convention on the Law of the Sea, Articles 1-45 (available on WATTLE)

The following reference works have been placed on Closed Reserve in the Library:

• Lowe and Talmon, The Legal Order of the Oceans: Basic Documents on the Law of the Sea (2009)
• Rothwell and Letts (eds), The Law of the Sea in South East Asia (2019)
• Rothwell, Oude Elferink, Scott and Stephens, The Oxford Handbook of the Law of the Sea (2015)
• Tanaka, The International Law of the Sea 4th ed (2023)

The following journals are also recommended:

• Australian Year Book of International Law (AYBIL)
• International Journal of Marine and Coastal Law (IJMCL)
• Marine Policy (MP)
• Ocean Development and International Law (ODIL)
• Ocean Yearbook

The Oceans and Law of the Sea Homepage of the UN Division of Ocean Affairs and the Law of the Sea is also recommended: http://www.un.org/Depts/los/index.htm

Staff Feedback

Students will be given feedback in the following forms in this course:

• individual and all class feedback during class exercises and discussion
• generic all class feedback on the take-home test
• individual feedback on the take-home test as requested
• individual written comments on the research essay

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	1 May 2024 (0900-1700):Course Introduction and AdministrationA. Development of the Modern Law of the SeaB. Coastal State WatersC. Continental ShelfQ&A + Class Exercise	This is an intensive course taught on campus commencing on 1 May 2024.Due to the intensive nature of this course, classes will NOT be recorded. This course will be taught entirely in-person. It is NOT possible to complete this course online. Students are expected to attend all classes in-person.
2	2 May 2024 (0900-1700):Class Exercise DebriefD. Exclusive Economic ZoneE. High SeasF. Navigational Rights and FreedomsGuest Speaker: TBC
3	3 May 2024 (0900-1700)G. Maritime Boundary DelimitationH. Fisheries ManagementJ. Islands and the Law of the SeaGuest Speaker: TBCSouth China Sea: Panel Discussion
4	4 May 2024 (0900-1700)I. Deep SeabedK. Marine Environmental ProtectionL. Maritime Regulation and EnforcementM. Dispute ResolutionMajor Class Exercise

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Take-Home Test	30 %	21/05/2024	31/05/2024	1,2,4
Essay	70 %	11/06/2024	24/06/2024	1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Take-Home Test

Details of Task: Take-Home Test assessing course content covered in class with an option of answering one of two problem-type questions.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 30%

Word limit: No longer than 2,000 words. The ANU College of Law excess word penalty policy can be found here: https://law.anu.edu.au/word-length-and-excess-word-penalties. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Release: 8am, Sunday 19 May 2024.

Due date: 8am, due Tuesday 21 May 2024 via Turnitin. As this task is open for more than 24 hours, no time adjustments shall be applied. Late submission (without an extension) is NOT permitted. If this assessment task is not submitted by the due date, a mark of zero will be awarded. If you experience unavoidable and extenuating circumstances (foreseen or additional work commitments are not grounds for an extension) and cannot complete the assessment at the due date and time, you should apply for an extension to the ANU College of Law Student Administration Services here . The College will give you one further opportunity to complete the assessment, at the same time one week later. This will be your final opportunity to complete the task. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date.

Estimated return date: Friday, 31 May 2024

Assessment Criteria:

a) Content

• answering the question asked
• identification of the legal issues raised from the question
• legal principles stated/explained with accuracy
• legal principles stated/explained in appropriate detail
• relevant facts recognised and linked to the legal principles
• recognition and evaluation of judicial and statutory ambiguities and ‘grey areas’
• originality/innovation in approach to issues
• clear conclusions

b) Structure/organisation

• emphasis on the significant issues
• answer is coherent and structure logical

c) Expression

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling

No Bibliography is required for primary or secondary sources used in the take-home test

Assessment Task 2

Essay

Nature of Task: Research essay selected from one of five approved essay topics, or a student-proposed and approved essay topic. Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 70%

Word limit: 4,500 words. The ANU College of Law excess word penalty policy can be found here: https://law.anu.edu.au/word-length-and-excess-word-penalties . Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Release: The topic is to be selected from one of five essay topics that will be released at the conclusion of the class and available via Wattle. Students may also seek to develop their own essay topic, which is to be approved by the Course Convenor no later than 24 May 2024.

Due date: 5pm, Tuesday 11 June 2024 via Turnitin. Late submissions without an extension are permitted, although late penalties will apply.

Estimated return date: Monday, 24 June 2024

Assessment Criteria:

a) Content

• Understanding of the Issues
• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication and Development of Arguments

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c) Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

d) Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes of all sources
• referencing consistent with the current edition of the Australian Guide to Legal Citation
• A Bibliography of all sources consulted
• adherence to word limit.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

• Late submission is not accepted for tests or examinations.

• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students