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.

To develop their knowledge and skills, students will engage in a range of learning activities, giving students the opportunity to develop their communication skills and legal problem-solving skills by applying the law to hypothetical problem scenarios. The course is designed to advance and develop legal research and writing skills.

Learning Outcomes

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

1. Examine 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
2. Synthesise and apply the concepts, terminology and principles of the international law of the sea, including those found in the 1982 United Nations Convention on the Law of the Sea
3. Determine the relevance of the international law of the sea to current political and social developments at the international and national levels through analysis of particular cases
4. 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
5. 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
6. 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. Hot Topic 'Masterclasses' have a strong grounding in research and literature in the law of the sea.

Field Trips

No field trips.

Examination Material or equipment

No additional examination materials or equipment are required.

Required Resources

Donald R. Rothwell and Tim Stephens, The International Law of the Sea (Bloomsbury Publishing, 3rd, 2023). A full list of readings will also be made available on the course Canvas site two weeks prior to the course commencement date.

Recommended Resources

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

• Rothwell and Crawford (eds), International Law in Australia 3rd (2017)
• Churchill, Lowe, and Sander The Law of the Sea 4th (2022)
• 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 4th (2023)

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: https://www.un.org/en/global-issues/oceans-and-the-law-of-the-sea

This site provides access to:

• International Tribunal for the Law of the Sea https://www.itlos.org/en/
• Commission on the Limits of the Continental Shelf https://www.un.org/depts/los/clcs_new/clcs_home.htm
• International Seabed Authority Home - International Seabed Authority

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). 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 Canvas page. Students are required to access the Canvas 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, Governance and Policy 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	Course IntroductionA. History of the Law of the Sea and National Maritime Zones	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	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-Test Consultations	Assessment Task 1: In Class Test - Venue Details to be confirmed
7	F. Dispute SettlementG. Fisheries Management	Hot Topic: The International Seabed Authority and Deep Seabed Mining
8	H. Marine Environmental Protection	Hot Topic: 2023 BBNJ Agreement
9	I. Maritime Regulation and Enforcement	Hot Topic: International Straits
10	J. Archipelagic States	Hot Topic: Artificial Islands
11	K. Australia and the Law of the Sea	Hot Topic: South China Sea
12	L. Antarctica and the Law of the Sea	Hot Topic: Oceans Governance and Law of the Sea Futures

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Mid-Semester Test	40 %	02/09/2026	23/09/2026	1,2,3,4,5
Research Essay	60 %	05/11/2026	*	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 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 ‘Canvas’ 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, Governance and Policy 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

Mid-Semester Test

Details of Task: The mid-semester test will comprise two problem-style questions comprising: Part I and Part II; each equally weighted; students are to write an answer to only Part I OR Part II; 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 and non-redeemable. Failure to complete this assessment will result in a mark of zero for this assessment task.

Weighting: 40%

Time, Date and Venue: 12:00pm–2:00pm, Wednesday 2 September 2026, in a venue to be advised.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension to reschedule the assessment here. When submitting your request, please select the Assessment Extension button rather than the Extenuating Circumstances Application option, as this assessment is not an invigilated exam. The College will give you one final opportunity to complete the assessment on Friday 25 September 2026. The time and venue will be confirmed based on student numbers.

If you have already accessed the assessment, you will not be approved to reschedule and will need to complete the task by the due date. Late submission is not permitted.

Time adjustments can be applied for this task but are not applied automatically. If you require a time adjustment, please apply here.

Word Limit: Word Limit: 1,600 words. The ANU Law School excess word penalty policy can be found here.

Estimated Return Date: Wednesday 23 September 2026 for students who complete the test on the scheduled date. Students who complete the rescheduled test on Friday 25 September 2026 will receive their result and feedback within three weeks of that sitting.

Assessment Criteria: The test will assess your basic knowledge of the course up to that point. The test 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 test. 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-L and the Hot Topic '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 Friday, 9 October.

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

Weighting: 60%

Word Limit: Word Limit: 3,500 words. The ANU Law School excess word penalty policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources, and a Bibliography should be attached. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, Thursday 5 November 2026. Late submissions (without an extension) are permitted, but late penalties will apply. Please be aware that if you are in your final course(s), any late submissions may delay your conferral date.

Estimated Return Date: Official end of semester results release 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.
6.Expression and written communication	Expression contains many errors; confused and unclear in many places. Main ideas not communicated or poorly communicated.	Expression adequately communicates author’s main ideas. A few significant grammatical errors and/or errors with legal terminology.	Very good expression clearly communicating most of the author’s ideas. No significant errors but occasional minor errors or lack of clarity.	Excellent expression clearly communicating all of the author’s ideas. Rare errors or lack of clarity	Polished and/or stylish written expression and communication 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

• Maximum Submissions: Students can submit up to three times per assessment.

• Final Submission Counts: Only the last uploaded version will be marked — provided it is uploaded before marking begins.

• Late Submissions: If submitted after the due date, the final version will still be marked, but late penalties will apply (unless an extension has been approved).

• No Submissions After Return Date: Once the return-of-assessment date has passed, NO submissions will be accepted.

• Marking Already Started: If a marker has already begun marking a version, that version will be the one assessed — even if a newer one is uploaded later.

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