A participant who has successfully completed this course should: have a clear understanding and appreciation of the international legal framework created by the 1982 United Nations Convention on the Law of the Sea; have a clear understanding of the evolution, and current status of the various jurisdictional zones and regimes that currently govern the utilisation of the world's oceans, and of the underlying policy considerations that led to the adoption of the compromises reflected in the contemporary Law of the Sea; and be capable of applying the relevant legal norms to practical situations. The 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. Addressed will be the history of Law of the Sea concepts; baselines and 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, marine environmental protection and management, maritime regulation and enforcement, and dispute resolution in the law of the sea.

Learning Outcomes

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

1. Define, explain, distinguish and apply the basic concepts, terminology, and advanced theoretical knowledge of the international law of the sea;
2. Define and distinguish amongst the variety of processes by which the international law of the sea is formed and the roles played by the most important bodies and institutions
3. Define, explain and apply the relevant principles of the international law of the sea found in the 1982 United Nations Convention on the Law of the Sea
4. Explain and demonstrate through particular cases the relevance of the international law of the sea to current political and social developments at the international and national levels
5. Select and apply a range of approaches in written and oral communication, and apply critical thinking required to bring about creative solutions to and new understandings of complex law of the sea problems
6. Develop technical research skills to use, interpret and apply a wide range of legal materials in both on-line and traditional media from international and national sources
7. Plan and execute a piece of research with some independence

Research-Led Teaching

This course heavily relies upon the content and structure of the course text, derived from the convenor’s extensive research in the law of the sea over 30 years. Masterclasses have a strong grounding in research and literature in the 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 2^nd Hart/Bloomsbury, Oxford: 2016

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

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

• Rothwell and Crawford (eds), International Law in Australia 3rd (2017)
• Churchill and Lowe, The Law of the Sea 3rd (1999)
• Lowe and Talmon, The Legal Order of the Oceans: Basic Documents on the Law of the Sea (2009)
• O’Connell, The International Law of the Sea 2 vols (1982, 1984)
• Rothwell, Oude Elferink, Scott and Stephens (eds), The Oxford Handbook of the Law of the Sea (2015)
• Tanaka, The International Law of the Sea 2nd (2015)

You may also benefit from consulting:

• Max Planck Encyclopedia of Public International Law (available electronically via the Library) http://www.mpepil.com/

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

• This site provides access to:
• International Tribunal for the Law of the Sea
• Commission on the Limits of the Continental Shelf
• International Seabed Authority
• relevant state practice

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 examination
• individual feedback on the take-home examination 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). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

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

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

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

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

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: 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 details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Course Introduction A. History of the Law of the Sea and National Maritime Zones
2	B. Resource Maritime Zones	Tutorial 1
3	C. High Seas and Deep Seabed	Tutorial 2
4	D. Shipping and Navigation	Tutorial 3
5	E. Maritime Boundaries	Tutorial 4
6	Pre-Examination Consultations
7	F. Dispute Settlement G. Fisheries Management	Masterclass: Fisheries Regulation and Law Enforcement
8	H. Marine Environmental Protection	Masterclass: Whaling
9	I. Maritime Regulation and Enforcement	Masterclass: Military Operations at Sea
10	J. Archipelagic States	Masterclass: Artificial Islands
11	K. Australia and the Law of the Sea	Masterclass: The International Tribunal for the Law of the Sea
12	L. Antarctica and the Law of the Sea	Masterclass: The Future of the Law of the Sea

Tutorial Registration

To be confirmed once online or on campus teaching arrangements are confirmed.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Take-Home examination	40 %	*	21/09/2020	1,2,3,4,5
Research Essay	60 %	05/11/2020	03/12/2020	1,2,3,4,5,6,7

* 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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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 Integrity . 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.

Assessment Task 1

Take-Home examination

Details of Task: This examination will take place in Week 6 at a time to be confirmed. The examination will comprise two possible problem-style questions comprising:

Part A and Part B; each equally weighted; students are to write an answer to only Part A OR Part B; the questions will cover Topics A, B, C, D, and E.

This assessment item also addresses the requirement that students receive feedback on their learning before 50% of the course has elapsed

Nature of Task: Compulsory. Non submission of this task will result in a 0 for this task.

Weighting: 40%

Timing: To be held in Week 6 at a time to be confirmed

Duration: 90 minutes

Word Limit: 1,500 words

Estimated return date: Week 7

Assessment Criteria:

The exam will assess your basic knowledge of the course up to that point. The exam is designed to allow students to demonstrate proficiency in legal analysis and problem-solving. It will test a student’s ability to identify and critically analyse the issues raised by the exam. Students must apply controlling and other relevant law (and legal principles) to the facts at hand and develop reasoned positions for the conclusions reached.

For the hypothetical problem you are advised to take note of the instructions as to which persons you are asked to advise and the substantive matters on which they have asked for advice. Then you should spot all relevant issues. Finally, address those issues logically, and structure your answer so that it may easily be understood by the marker. If you need more facts, indicate what they are.

Rubric

	Not Satisfactory	Pass	Credit	Distinction	High Distinction
1.Selects relevant issues	Fails to identify any of the relevant issues.	Identifies some of the relevant issues.	Identifies most of the relevant issues.	Identifies all of the relevant issues.	Identifies all of the relevant issues with clear and convincing justification.
2.Understanding and discussion of relevant law	Omits discussion of relevant law.	Adequate description of relevant law.	Very good analysis of relevant law. Few gaps or omissions.	Excellent analysis and application of all relevant law on all issues.	Sophisticated reflections on relevant law and original application on all issues.
3.Analysis of relevant facts	Mis-reads or assumes facts. Focus on irrelevant facts.	Successfully identifies most relevant facts.	Sound analysis of relevant facts.	Comprehensive and specific analysis of all relevant facts.	Exceptionally specific or insightful analysis of all relevant facts.
4.Persuasiveness of arguments	Does not identify possible arguments. Is not persuasive.	Arguments identified are weakly supported, sometimes illogical or only mildly persuasive.	Several sound arguments that are adequately supported, logical and moderately persuasive.	Contains many arguments that are very well supported, logical and successfully persuasive.	Contains many creative, well supported, logical and highly persuasive arguments.
5.Formulation of strong and clear conclusion(s) and advice about outcomes	Fails to provide a consistent final conclusion or clear advice.	Conclusion(s) and advice is weak, at times unclear or internally inconsistent.	Moderately clear, complete and convincing on some issues and outcomes.	Very clear, complete and convincing on most issues and likely outcomes.	Exceptionally clear, convincing and transparent on all issues and likely or possible outcomes.
6.Structure including logical development of content/material	Logical organisation and development of ideas not evident.	Some organisation and development of ideas.	Evidence of logical organisation of thoughts and development of most ideas.	Well developed and effective structure.	Skillful development of ideas in a sophisticated and effective structure.
7.Effective use of headings	Headings absent.	Limited headings. Headings not useful.	Some useful headings.	Many useful headings.	All headings used to enhance a clear structure.

Assessment Task 2

Research Essay

Details of Task: You will be given the option of selecting a research essay question based on Topics F-J and the Masterclasses, in which you can either:

• Write your essay based on one of the set questions nominated by the course convenor

OR

• Write your essay based on a variation of one of the questions nominated by the convenor or proposed by yourself, and approved by the course convenor by no later than Week 9.

Nature of Task: Compulsory. Non completion of this task will result in a 0 for the task.

Weighting: 60%

Word limit: 3,500 words

Release: Week 6 and via WATTLE

Due date: Thursday, 5 November 2020 at 17.00 (refer to below for online submission method) via Turnitin.

Estimated return date:

Assessment Criteria:The essay will assess your advanced knowledge of the law of the sea. The essay is designed to allow students to demonstrate advanced proficiency in legal research, legal writing and legal analysis. It will test a student’s ability to identify and critically analyse the issues raised by subject matter of the essay. Students must apply controlling and other relevant law (and legal principles) to the issues at hand and develop reasoned positions for the conclusions reached.

Rubric

	Not Satisfactory	Pass	Credit	Distinction	High Distinction
1.Understanding and discussion of relevant law	Omits discussion of relevant law.	Adequate description of relevant law.	Very good analysis of relevant law. Few gaps or omissions.	Excellent analysis and application of all relevant law on all issues.	Sophisticated reflections on relevant law and original application on all issues.
2.Argument and response to question	The question was not addressed; descriptive response to the task. Response on issues not relevant to the question.	Shows a limited understanding of the question. Provides limited argument and tends to be substantially descriptive using the material to address the question.	Contains an introduction and conclusion that addresses and resolves some aspects of the question. Intervening paragraphs provide some evidence and support for an argument that is consistent with the conclusion.	Contains an introduction and conclusion that addresses and resolves most aspects of the question. Intervening paragraphs mostly provide evidence and support for an argument. Argument is mostly consistent with the conclusion.	Contains an introduction and conclusion that directly addresses and resolves all aspects of the question. Intervening paragraphs provide evidence and support for a clearly focussed argument that is entirely consistent with the conclusion.
3.Critical evaluation of material	No evidence of awareness of critical evaluation of material.	Limited critical evaluation of material. Consideration of multiple perspectives on one issue.	Some critical evaluation and consideration of multiple perspectives on more than one issue.	Critical evaluation of most material presented. Consideration and resolution of multiple perspectives on most contentious issues.	Critical evaluation of all material presented. Consideration and resolution of multiple perspectives on all contentious issues.
4. Creative and originality of approach	No creativity in response to task.	Limited evidence of creativity in response and approach to task.	Uses some creativity in approach and response to task.	Original and creative approach and response to task.	Highly original and creative response to task.
5. Research of primary legal (case law and legislation) and scholarly secondary sources	No evidence of research; reliance on class materials, and/or, reliance on non-scholarly secondary sources.	Evidence of some systematic or effective scholarly research; research with significant flaws, errors, gaps in sources.	Evidence of very good systematic research including some depth and breadth of primary legal and scholarly secondary sources.	Substantial depth and breadth in research including most relevant primary legal and scholarly secondary sources.	Extensive and comprehensive range of primary legal and scholarly secondary sources.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

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

Assessment Task 1 (Take-Home Examination)

No submission of Assessment Task 1 after the due date will be permitted. If this assessment task is not submitted by the due date, a mark of 0 will be awarded.

Assessment Task 2 (Essay)

Late submission of Assessment Task 2 without an extension will be penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of Assessment Task 2 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.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Available via hardcopy and WATTLE

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

Not permissible for Assessment Task 1. Permissible for Assessment Task 2 only i) prior to the due date ii) with permission of the convenor

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 Diversity 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 undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students