This course is a follow-up to the compulsory International Law course LAWS2250 (LLB(Hons)) and LAWS6250 (JD).

Having reviewed the structure and principles of international law, this course is intended to round out the coverage of ‘general’ public international law by focusing on areas only partially dealt with in the compulsory course and which warrant further consideration in light of their importance. Coverage may consequently vary from year to year and include, for instance, the following topics: aspects of territory in international law; State responsibility, international organizations; aspects of treaty law (notably treaty interpretation); and jurisdiction. Occasionally parts of the course will consist of focused case studies of a current situation or event which raises important issues of international law.

Learning Outcomes

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

1. Identify and explain the contextual underpinnings of the norms that have evolved in the international community in respect of the specific topics addressed in the course;
2. Identify, explain and analyse the substantive norms that have been developed at the international level in relation to the topics studied;
3. Identify and use a range of legally specific principles and techniques appropriate to respond to a factually complex international law problem; and
4. Plan and conduct a legal research project with intellectual independence.

Research-Led Teaching

The course will focus on Professor Rothwell's research and scholarship on Antarctica, the Antarctic Treaty, the South China Sea, and islands and international law.

Required Resources

Readings will be made available on Wattle.

Recommended Resources

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

Staff Feedback

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

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

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/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/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

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 (https://www.anu.edu.au/students/academic-skills/academic-integrity ) 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 (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) 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	Topic 1: Course Introduction + Antarctic and South China Sea Geopolitics and History	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
2	Topic 2: Treaties - The 1959 Antarctic Treaty and 1982 UN Convention on the Law of the Sea	Tutorial 1
3	Topic 3: Customary International Law - the law of the sea and Antarctic governance/objective regimes	Tutorial 2
4	Topic 4: Territoriality - Claims and entitlements	Tutorial 3
5	Topic 5: Jurisdiction - Antarctic Treaty and South China Sea	Tutorial 4
6	Week 6	First Assessment Task
7	Topic 6: Maritime - Southern Ocean EEZ and Continental Shelf, and China's Nine Dash Line Claim	Masterclass 1
8	Topic 7: Environment - Antarctic environmental protection and South China Sea environmental management	Masterclass 2
9	Topic 8: Resource Management - Antarctic mining prohibition, and South China Sea mining and fisheries management	Masterclass 3
10	Topic 9: Security - Demilitarisation, nuclear free zones and military operations	Masterclass 4
11	Topic 10: Dispute Settlement - adjudication, arbitration and negotiation	Masterclass 5
12	Topic 11: Future scenarios	Masterclass 6

Tutorial Registration

Details will be announced in Week 1

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Test	30 %	27/08/2024	16/09/2024	1,2,3,4
Research Essay	70 %	31/10/2024	*	1,2,3,4

* 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
• Extenuating Circumstances Application
• 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

The ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Online Test

Brief Description: The online test will focus on an assessment of principal international law issues of treaties, customary international law, territoriality, and jurisdiction in either a) Antarctica, or b) the South China Sea.

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

Weighting: 30%

Duration: 120 minutes (cumulative of reading, writing and submission time)

Word limit: 1,200 words.

Release: 9am, Tuesday 27 August 2024 via Turnitin.

Due Date: 11am, Tuesday 27 August 2024 via Turnitin. Due to the nature of the task, late submission (without an extension) is NOT permitted. Where you have not been granted an extension, any submission after the due time will not be accepted and a mark of zero will be awarded.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for the second and final test here . The College will give you one final 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 for rescheduling and will need to complete the task by the due date.

Estimated return date: Monday 16 September 2024.

Assessment Criteria:

Rubric

	Not Satisfactory	Pass	Credit	Distinction	High Distinction
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.
Critical and analytical response to chosen topic	Descriptive without critique or conclusion s. Personal opinions expressed without scholarly support.	Limited evaluation of material; limited critical and analytical thinking that could lead to the formulation of supported conclusion( s).	Some evaluation of material; some critical and analytical thinking; and, some sustained argument and formulation of supported conclusion( s).	Effective analysis and argument. Many well supported and clear conclusions.	Sophisticated independent critical analysis, interpretation and argument leading to well resolved conclusions. All arguments well supported.
Structure including logical development of content	Logical organisation of ideas not evident.	Some organisation and development of ideas.	Evidence of logical organisation and development of most ideas.	Well developed and effective structure.	Skillful development of ideas in a sophisticated and effective structure.
Research of primary legal (treaties and cases) and scholarly secondary sources.	No evidence of research; reliance on class materials.	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.
Expression and written communication including use of legal terminology, proof-reading, grammar, punctuation and English usage.	Expression contains many errors; unclear in many places. Main ideas poorly stated.	Expression adequately communicates author’s main ideas. A few significant grammatical errors and/or errors with legal terminology.	Very good expression of most of the author’s ideas. No significant errors but occasional minor errors or lack of clarity.	Clearly expresses all of the author’s ideas. Rare errors or lack of clarity.	Polished and/or stylish written expression of ideas throughout the paper.

Assessment Task 2

Research Essay

Brief Description: Students will complete a research essay that undertakes an advanced international law assessment of either Antarctica, or the South China Sea, with a particular focus on Topics 6-10.

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

Weighting: 70%

Word limit: 3,500 words (not including footnotes and Bibliography)

Release: Friday 20 September 2024

Due date: 5pm on Thursday 31 October 2024.

Estimated return date: Official end of semester results release date via Turnitin. 

Late submission: Late submissions (without an extension) are permitted, but late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time.

Assessment Criteria:

Rubric

	Not Satisfactory	Pass	Credit	Distinction	High Distinction
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.
Critical and analytical response to chosen topic	Descriptive without critique or conclusion s. Personal opinions expressed without scholarly support.	Limited evaluation of material; limited critical and analytical thinking that could lead to the formulation of supported conclusion( s).	Some evaluation of material; some critical and analytical thinking; and, some sustained argument and formulation of supported conclusion( s).	Effective analysis and argument. Many well supported and clear conclusions.	Sophisticated independent critical analysis, interpretation and argument leading to well resolved conclusions. All arguments well supported.
Structure including logical development of content	Logical organisation of ideas not evident.	Some organisation and development of ideas.	Evidence of logical organisation and development of most ideas.	Well developed and effective structure.	Skillful development of ideas in a sophisticated and effective structure.
Research of primary legal (treaties and cases) and scholarly secondary sources.	No evidence of research; reliance on class materials.	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.
Referencing and compliance with AGLC, and a Bibliography .	Footnotes absent or consistently non- compliant with AGLC. No Bibliography	Insufficient footnotes and/or many footnotes non- compliant with AGLC. No Bibliography	Footnotes sometimes compliant with AGLC but also repeated. Bibliography included	Footnotes mostly compliant with AGLC. Bibliography included	Footnotes compliant with AGLC. No errors detected.Bibliography included
Expression and written communication including use of legal terminology, proof-reading, grammar, punctuation and English usage.	Expression contains many errors; unclear in many places. Main ideas poorly stated.	Expression adequately communicates author’s main ideas. A few significant grammatical errors and/or errors with legal terminology.	Very good expression of most of the author’s ideas. No significant errors but occasional minor errors or lack of clarity.	Clearly expresses all of the author’s ideas. Rare errors or lack of clarity.	Polished and/or stylish written expression of ideas throughout the paper.

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. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

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