This task requires you to select an historical or contemporary case, or several related cases, in the international law of the sea and to compose a comprehensive case note that provides an overview of the decision(s), the reasons of the court/tribunal(s) and any dissenting and separate opinions. Your note should explain the significance of the case for the law of the sea (e.g. has it had a lasting impact, or has it been overturned by subsequent developments).
This is a research exercise and you are expected to consult a range of primary (e.g. treaties, government statements, conciliation decisions, and reports etc.) and secondary sources (e.g. journal articles, books, etc.) in completing your essay. You are strongly encouraged to begin work on the research essay as soon as possible.
There are many published case notes that you may wish to consult for guidance on the structure that is usually followed in this form of legal scholarship. Good journals to look for include the International Journal of Marine and Coastal Law and the Melbourne Journal of International Law. An example of a law of the sea case note may be found : http://www.ejil.org/pdfs/11/4/555.pdf
Please see required readings
Reading materials
Required reading
You should obtain the following required text:
Donald R Rothwell and Tim Stephens, The International Law of the Sea (2nd ed, 2016)
Additional readings can be located in the eReserve page on the Canvas site.
Recommended supplementary reading
For the purpose of further reading and research the following reference works will be particularly
useful:
Donald R Rothwell, Alex G Oude Elferink, Karen N Scott and Tim Stephens (eds), The
Oxford Handbook of the Law of the Sea (2015)
Alexander Proelss (ed), United Nations Convention on the Law of the Sea: A Commentary
(2017)
For further research:
Donald R Rothwell (ed), Law of the Sea (2013)
Rachel Baird and Donald R Rothwell (eds), Australian Coastal and Marine Law (2011)
Robin Churchill and Vaughan Lowe, The Law of the Sea (3rd edn, 1999)
James Harrison, Making the Law of the Sea (2011)
Yoshifumi Tanaka, The International Law of the Sea (3rd edn, 2019)
Tim Stephens and David L VanderZwaag (eds), Polar Oceans Governance in an Era of
Environmental Change (2014)
Hugo Caminos (ed), The Law of the Sea (2001)
D. P. OConnell (edited by I. A. Shearer), The International Law of the Sea (1984)
Alex Oude Elferink and Donald R Rothwell (eds), Oceans Management in the 21st Century:
Institutional Frameworks and Responses (2004)
David Freestone, Richard Barnes and David M Ong (eds), The Law of the Sea: Progress
and Prospects (2006)
Donald R Rothwell and David VanderZwaag (eds), Towards Principled Oceans
Governance: Australian and Canadian Approaches and Challenges (2006)
Main law of the sea journals:
Asia Pacific Journal of Ocean Law and Policy (APJOLP)
International Journal of Marine and Coastal Law (IJMCL)
Marine Policy
Ocean Development and International Law (ODIL)
American Journal of International Law (AJIL)
Australian Year Book of International Law (AYBIL)
International and Comparative Law Quarterly (ICLQ)
Australian Journal of Maritime and Ocean Affairs
