Professor Donald Rothwell

Professor of Law
BA; LLB (Hons) (Qld); LLM (Alberta); MA (Calgary): PhD (Syd)
+61 2 6125 8948
0414 546 830
Room 231

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Biography

Donald R Rothwell is one of Australia’s leading experts in International Law with specific focus on the law of the sea; law of the polar regions, use of force and implementation of international law within Australia. He is the author of 22 books and over 200 book chapters and articles including, with Tim Stephens, the influential and respected academic text, The International Law of the Sea (2nd ed, 2016).

His most recent publication - the 3rd edition of International Law in Australia (2017) co-edited with Dr Emily Crawford, revives a publication that last appeared in 1984 and brings together some of Australia's most eminent international law jurists, practitioners and scholars to assess contemporary developments for Australia and international law.

Major career works include The Polar Regions and the Development of International Law (CUP, 1996), and International Law: Cases and Materials with Australian Perspectives 2nd (CUP: 2014) with Kaye, Akhtarkhavari and Davis.

Rothwell is also Co-Editor of the Australian Year Book of International Law and Editor-in-Chief of the Brill Research Perspectives in Law of the Sea. Since 2012 he has been Rapporteur of the International Law Association (ILA) Committee on ‘Baselines under the International Law of the Sea’. He has taught a range of courses including Law of the Sea, International Dispute Resolution, International Law and Use of Armed Force, International Humanitarian Law, Military Operations Law, and Public International Law.

Rothwell was previously Challis Professor of International Law and Director of the Sydney Centre for International and Global Law, University of Sydney (2004-2006), where he had taught since 1988. He has acted as a consultant or been a member of expert groups for UNEP, UNDP, IUCN, the Australian Government, and acted as advisor to the International Fund for Animal Welfare (IFAW).

In 2012 Rothwell was appointed an inaugural ANU Public Policy Fellow, and in 2015 elected as Fellow to the Australian Academy of Law. He is a regular media commentator on international law issues and has written over 100 opinion comments, including for all of the major daily newspapers in Australia and ABC Online ‘The Drum. His media interviews have included ABC TV 7.30, ABC Radio ‘AM’ and ‘PM’, ABC Radio National ‘Breakfast’, ABC News 24, Al Jazerra (TV), BBC World (TV), and the Voice of America.

Appointments

  • Professor of International Law, ANU College of Law, Australian National University (2006 +)
  • ANU Public Policy Fellow (2012 +)

Awards

Year Title
2015 Vice-Chancellor’s Award for Advancing the Reputation of the University through Media

read more »

Significant research publications

  • Rothwell and Tim Stephens, The International Law of the Sea (Hart/Bloomsbury: 1st 2010; 2nd 2016)
  • Rothwell and Emily Crawford (eds), International Law in Australia (Thomson Reuters: 2017)
  • Rothwell, Alex G. Oude Elferink, Karen N. Scott and Tim Stephens (eds), Oxford Handbook of the Law of the Sea (Oxford University Press: 2015)
  • Rothwell, Stuart Kaye, Afshin Akhtarkhavari, and Ruth Davis, International Law: Cases and Materials with Australian Perspectives (Cambridge University Press: 1st 2010; 2nd 2014)
  • Erik J. Molenaar, Alex G. Oude Elferink, and Rothwell eds, The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes (Martinus Nijhoff: 2013)
  • The Polar Regions and the Development of International Law (Cambridge University Press: 1996)

Recent news

12
May
2017
Screenshot of Smart Traveller Website

The case of an Australian woman detained on drug-related charges in Colombia, bears similarities to that of Schapelle Corby. Both highlight expectations on the Australian government to come to the aid of Australians caught up in overseas legal processes.

05
May
2017
Absrtact picture of birds flying out of a prison wall

ANU Law Explains is a National Law Week 2017 event which will examine four highly political issues with a legal perspective for a layperson audience.

10
Feb
2017
Image courtesy of Flickr user Geoff Whalan.

The Timor Sea conciliation between Australia and Timor-Leste has already been the subject of some significant developments in 2017. Following a contentious period last year when Australia actively contested the competency of the Conciliation Commission, recent indications are that the conciliation process is going well and may result in a permanent maritime boundary being concluded.

29
Nov
2016
Henry Aitken

Applications for the Yuill Scholarship, which the ANU College of Law has established, are now open. The scholarship provides funding to support participation in the International Court of Justice (ICJ) Traineeship Program.

In the Media

21
May
2017
Donald Rothwell speaks to 3AW Neil Mitchell
20
May
2017
Donald Rothwell quoted in The Saturday Paper
12
May
2017
Donald Rothwell speaks to ABC The World Today
8
May
2017
Donald Rothwell writes in Australian Institute of International Affairs

Past events

17
May
2017
Event image
10.00AM to 7.00PM
Panel discussion

Learn about the legal issues impacting counter-terrorism, citizenship, race relations, climbing imprisonment rates and the South China Sea.

05
Sep
2016
Group shot of attendees of ANU Law Alumni Meet-Up - Singapore
7.00PM to 8.30PM
Reception
  • Professor Donald R. Rothwell

Professor Stephen Bottomley, Dean ANU College of Law, invites you to an informal gathering hosted by Professor Donald R. Rothwell, Deputy Dean, ANU College of Law, with distinguished ANU law alumni living and working in Singapore.

17
Aug
2016
CIPL Tuesday Talks
5.30PM to 7.00PM
CIPL Monthly Talk
  • Mr Bill Campbell QC
  • Ms Katrina Cooper
  • Associate Professor David Letts
  • Professor Donald R Rothwell

On 12 July 2016, the Annex VII Tribunal on the South China Sea maritime dispute unanimously decided that there was no legal foundation under the United Nations Convention on the Law of the Sea for China's nine-dash line and that China had supported activities infringing the Philipines' fishing and maritime rights.

31
Mar
2016
Attendees at our Washington DC event
6.00PM to 7.30PM
Reception
  • Professor Donald R. Rothwell

Professor Stephen Bottomley, Dean ANU College of Law, invites you to an informal gathering hosted by Professor Donald R. Rothwell , Deputy Dean, ANU College of Law, with distinguished ANU law alumni living and working in Washington D.C.

Please note, only a small selection of recent publications and activities are listed below.

Research biography

Donald R Rothwell is one of Australia’s leading experts in International law with specific focus on the law of the sea; law of the polar regions, use of force and implementation of international law within Australia.

He is the author of 21 books and over 200 book chapters and articles including, with Tim Stephens, the influential and respected academic text, The International Law of the Sea (2nd ed; 2016)

The product of his most recent research, The 1982 UN Convention on the Law of the Sea and its relevance to maritime disputes in the South China Sea (2015), examines in fine detail the Philippines’ challenge to China’s assertion of territorial and maritime sovereignty in the disputed area.

Donald regularly extends the reach of his extensive expertise on international law through the media, where he is acclaimed as an independent and objective interpreter of international law as it relates to current affairs. These have included highly emotional and divisive issues such as the Bali Nine execution and the entry of Australia into the war against Islamic State in Syria and Iraq.

Research projects & collaborations

  • ARC funded Discovery Grant project “A legal analysis of Australia’s future engagement with Asia-Pacific security institutions” with Associate Professor Hitoshi Nasu and Associate Professor Rob McLaughlin
  • International Law Association (ILA) Rapporteur for Committee on Baselines under the International Law of the Sea (2012-2016)
  • Legal Issues in the South China Sea (ongoing)
  • Dispute Resolution and the Law of the Sea (ongoing)
  • The Polar Regions and International Law (ongoing)

 

Grants

  • AusAID Development Research Awards Scheme “Seabed Disputes Chamber of the International Tribunal of the Law of the Sea” – (2013-2015) - $900,000 (with Associate Professor D Anton, Associate Professor R. Warner, Dr C. Filer, Professor R. Rayfuse, Dr R. Makgill, J. Mossop)
  • ARC Discovery Grant DP 130103683 “A legal analysis of Australia’s future engagement with Asia-Pacific security institutions” (2013-2015) - $159,000 (with Dr H Nasu and Associate Professor R McLaughlin)
  • ARC Linkage Grant “The Future of Oceans Governance in Polar Areas” (2007-2008) - $17,000 (with A/Prof Marcus Haward, Professor S Kaye, A/Prof R Rayfuse, Dr J Jabour and Prof D VanderZwaag)
  • ARC Discovery Grant “Re-Envisioning sovereignty and nationhood in the contemporary international context” (2007-2009) - $240,000 (with Prof CJ Sampford, Prof R Thakur, Prof H Adelman, Prof E Newman and Prof J Adelman)
  • ARC Discovery Grant “Globalisation and Biomedicine: The Harmonisation of Local and Global Regulatory Demands” (2004-2005) - $120,000 (with Dr Belinda Bennett)

Consultancies

  • "Japanese Scientific Whaling" - International Fund for Animal Welfare (2006-2010)

Books & edited collections

  • Rothwell and Tim Stephens, The International Law of the Sea 2nd (Hart 1st 2010; 2nd Bloomsbury 2nd 2016)
  • Rothwell and Emily Crawford (eds), International Law in Australia 3rd (Thomson: 2017)
  • Rothwell, Alex G. Oude Elferink, Karen N. Scott and Tim Stephens (eds), Oxford Handbook of the Law of the Sea (Oxford University Press: 2015)
  • Rothwell, Stuart Kaye, Afshin Akhtarkhavari, and Ruth Davis, International Law: Cases and Materials with Australian Perspectives (Cambridge University Press: 1st 2010; 2nd 2014)
  • Erik J. Molenaar, Alex G. Oude Elferink, and Rothwell eds, The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes (Martinus Nijhoff: 2013)
  • Rachel Baird and Rothwell eds, Australian Coastal and Marine Law (Federation: 2011)

Book chapters

  • UNCLOS Navigational Regimes and Their Significance for the South China Sea” in Shicun Wu, Mark Valencia, and Nong Hong (eds), UN Convention on the Law of the Sea and the South China Sea (Ashgate: Farnham, UK: 2015) 149-189
  • “Arctic sovereignty and its legal significance for Canada” in Leif Christian Jensen and Geir Hønneland (eds), Handbook of the Politics of the Arctic (Edward Elgar, Cheltenham (UK): 2015) 247-261
  • “Maritime Regulation and Enforcement: The Legal Framework for the South China Sea” in Tran Truong Thuy and Le Thuy Trang (eds), Power, Law and Maritime Order in the South China Sea (Lexington, Lanham, MA: 2015) 197-218
  • Donald R. Rothwell, Alex G. Oude Elferink, Karen N. Scott and Tim Stephens “Charting the Future for the Law of the Sea” in Donald R. Rothwell, Alex G. Oude Elferink, Karen N. Scott and Tim Stephens (eds), The Oxford Handbook of the Law of the Sea (Oxford University Press, Oxford: 2015) 888-912
  • Tim Stephens and Donald R. Rothwell “Marine Scientific Research” in Donald R. Rothwell, Alex G. Oude Elferink, Karen N. Scott and Tim Stephens (eds), The Oxford Handbook of the Law of the Sea (Oxford University Press, Oxford: 2015) 559-581

Refereed journal articles

  • “The Whaling Case: Australian Perspectives” (2014) 11 No 636 International Affairs 20-29 (in Japanese)
  • “Legal Challenges for Maritime Operations in the Southern Ocean” (2014) 28 Ocean Yearbook 423-444
  • Hitoshi Nasu and Donald R. Rothwell “Re-Evaluating the Role of International Law in Territorial and Maritime Disputes in East Asia” (2014) 4 Asian Journal of International Law 55-79
  • “International Law and Arctic Shipping” (2013) 22 Michigan State International Law Review 67-99
  • “The Antarctic Whaling Case: litigation in the international court and the role played by NGOs” (2013) 3 The Polar Journal 399-414

Conference papers & presentations

  • “Canada and the United States of America” presented at CIL-JCLOS International Conference ‘Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States’, Singapore, 9-11 December 2015, 25pp
  • “Cases Concerning Territorial and Maritime Issues in East Asia: New Challenges and Developments” presented at Jeju Forum for Peace and Prosperity, Jeju, Republic of Korea, 22 May 2015
  • “The Polar Regions and the Law of the Sea” presented at The Arctic and Antarctica: Differing Currents of Change symposium, New Zealand Institute of International Affairs, 27 February 2015, Wellington, New Zealand
  • “The Arbitration between the People’s Republic of China and the Philippines over the Dispute in the South China Sea” presented at Tokyo Workshop: Maritime Security in the South China Sea, Aoyama Gakuin University, Tokyo, 3-4 November 2014, 18pp
  • “Conciliation and Article 298 Dispute Resolution procedures under the Law of the Sea Convention” presented at International Symposium on the Philippines v. China Arbitration Case, National Institute for South China Sea Studies, Beijing, China, 21-22 August 2014

Commissioned reports

  • UNEP Environmental Law Training Manual (United Nations Environment Programme, Nairobi: 1997) 306pp (completed with Ben Boer and others)

Government submissions

  • Joint Standing Committee on Foreign Affairs, Defence and Trade, Human Rights Sub-Committee "Australian Advocacy for abolition of the death penalty" Testimony - 27 November 2015, Parliament House, Canberra

Committees

External Organisations

  • International Law Associate Committee on Baselines under the International Law of the Sea: Rapporteur (2012-2016); Member (2010-2012)

Internal ANU Committees

  • ANU College of Law Executive (2010-2016)

Case notes & book reviews

  • “Forever no man’s land: review of David Day Antarctica: A Biography (2012)” The Saturday Age, September 8, 2012, Life&Style 25
  • Salt Water Neighbours: International Ocean Law Relations between the United States and Canada by T. McDorman ” (2010) 29 Australian Year Book of International Law 229-231
  • “Gibraltar, Strait of” Max Planck Encyclopaedia of Public International Law IV (Oxford University Press, Oxford: 2012) 463-467; originally published online at www.mpepil.com (2009).
  • “Sea Lanes” Max Planck Encyclopaedia of Public International Law IX (Oxford University Press, Oxford: 2012) 47-52; originally published online at www.mpepil.com (2009).
  • “Fishery Zones and Limits” Max Planck Encyclopaedia of Public International Law IV (Oxford University Press, Oxford: 2012) 89-92; originally published online at www.mpepil.com (2008).

Other

Current

  • Co-Editor-In-Chief and Editorial Board Member, Australian Year Book of International Law (Australian National University) (Editor-in-Chief from 2007, Editorial Board from 2002)
  • Editor-in-Chief, Brill Research Perspective in the Law of the Sea (commenced 2015)
  • Editorial Board Member, New Zealand Year Book of International Law (University of Canterbury) (commenced 2003)

Previous

  • Editor-in-Chief and Foundation Editor, Asia Pacific Journal of Environmental Law (Kluwer Law International, London) 1996-2001
  • Editorial Board Member, International Environmental Law and Policy Series (Kluwer Law International, London) 1998-2007

 

Currently supervising

  • Doctor of Philosophy (PhD)
    Topic: Small scale uses of force: The threshold between "force" under the Jus Ad Bellum and "other forcible measures".
  • Doctor of Philosophy (PhD)
    Topic: The 'creeping' jurisdiction of coastal States; a legitimate way to fill gaps in the law of the sea, or an unwarranted expansion of power?
  • Doctor of Philosophy (PhD)
    Topic: Antarctic Environmental Protection and the Legal Status of the Hydrocarbons of the Southern Ocean Area.
  • Doctor of Philosophy (PhD)
  • Doctor of Philosophy (PhD)
    Topic: Australia's responses to new international law 1901-1944
  • Doctor of Philosophy (PhD)
    Topic: The 'creeping' jurisdiction of coastal States; a legitimate way to fill gaps in the law of the sea, or an unwarranted expansion of power?
  • Doctor of Philosophy (PhD)
    Topic: Antarctic Environmental Protection and the Legal Status of the Hydrocarbons of the Southern Ocean Area.

PhD supervision

I am willing to supervise in the areas:

  • General International Law
  • Law of the Sea (all areas)
  • Polar Law
  • International Law in Australia
  • International Dispute Resolution
  • Whaling and International Law

I have previously supervised:

  • International Environmental Law
  • International Criminal Law

SJD supervision

I am willing to supervise in the areas:

  • As above for PhD supervision

MPhil supervision

I am willing to supervise in the areas:

  • As above for PhD supervision

LLM Masters thesis supervision

I am willing to supervise in the areas:

  • As above for PhD supervision

Honours thesis supervision

I am willing to supervise in the areas:

  • As above for PhD supervision

I have previously supervised:

  • Whaling and International Law
  • Law of the Sea
  • International Dispute Resolution
  • International Law and the South China Sea
  • International Criminal Law
  • International Law in Australia

Current courses

Year Course code Course name
2017 LAWS8182
Class #1483
Principles of International Law

Previous courses

Year Course code Course name
2016 LAWS8253
Class #9666
Law of The Sea
2016 LAWS8182
Class #1535
Principles of International Law

Past courses

  • Advanced Military Operations Law [P/g] (2007, 2009 at ANU)
  • Advanced Public International Law [U/g] (2000-2001; 2004 at University of Sydney)
  • Asia Pacific Journal of Environmental Law [P/g] (1998-2000 at University of Sydney)
  • Computer-Assisted Legal Research [U/g at University of Sydney]
  • Constitutional Law [U/g] (1988-1997 at University of Sydney)
  • International Environmental Law [P/g] (1994-2002; 2004 at University of Sydney) (1993 at University of Alberta)
  • International Dispute Resolution [U/g 2015-16 at ANU) [P/g] (2000, 2002, 2006 at University of Sydney; 2010, 2012 at ANU)
  • International Humanitarian Law [P/g] (2001 at University of Sydney; 2007-2012 at ANU)
  • International Human Rights [U/g at University of Sydney]
  • International Law [U/g + JD] (1998-2002; 2004-2006 at University of Sydney; 2006-2013 at ANU; 2003 at University of Victoria)
  • International Law and Australian Institutions [P/g] (1999-2002; 2004 at University of Sydney)
  • International Law and Australian Government [P/g] (2010 at ANU)
  • International Law and Use of Armed Force [P/g] (1999, 2002; 2004 at University of Sydney; 2008, 2011 at ANU)
  • International Law of the Sea [U/g] (2013-2017 at ANU)
  • International Security Law [P/g] (2008; 2010, 2012 at ANU)
  • Jessup International Law Moot [U/g] (1991-1998 at University of Sydney)
  • Law of the Sea [P/g] (1999, 2001; 2004, at University of Sydney; 2007, 2009, 2011-2012, 2014-2016 at ANU)
  • Maritime Law [P/g at University of Sydney]
  • Marine and Coastal Law [P/g] [2003, 2005, 2007-2008, 2010, 2011, 2013 at ANU]
  • Military Operations Law [P/g] (2006-2010 at ANU)
  • Principles of International Law [P/g] (2014-2017 at ANU)
  • Protection of the Antarctic Environment [P/g] (1997, 1999 at University of Sydney)

How my works connects with public policy

In 2012 Rothwell was appointed an inaugural ANU Public Policy Fellow. He is a regular media commentator on international law issues. In addition to the opinion pieces and written media commentary for all leading Australian daily newspapers, he has been interviewed on ABC News 24, ABC TV News Breakfast, ABC TV 7.30, ABC TV Lateline, ABC Radio National Breakfast, ABC Radio 'AM', 'PM' and the 'World Today', and with BBC World (TV), Al Jazerra (TV) and the Voice of America

 

Opinion Pieces and Written Media Commentary

  1. “G’day China: What to expect if the US sails the disputed South China Sea” ABC Online ‘The Drum’ (20 October 2015) <www.abc.net.au/news/2015-10-20/rothwell-gday-china-south-china-sea/6869242> discussing proposed US FON operation in South China Sea
  2. “Free trade treaty ratification rests squarely on Executive” The Age ‘Comment’ September 10, 2015 at <www.theage.com.au/comment> commenting on the Executive and Parliamentary processes associated with the China Australia Free Trade Agreement
  3. Christopher Ward and Donald Rothwell “Narcotics, international law, the death penalty” The Canberra Times, May 6, 2015, p. 5 discussing the executions of Andrew Chan and Myuran Sukamaran in Indonesia and a possible international law response
  4. “Indonesia’s imposition of the death penalty for drug crimes breaches its international obligations” The Age, 18 February 2015 discussing Article 6 of the ICCPR and Indonesia’s obligations to apply capital punishment to only the most serious crimes
  5. “Will China accept international law in the South China Sea?” East Asia Forum (12 December 2014) available at www.eastasiaforum.org/2014/12/12/will-china-accept-international-law-in-the-south-china-sea? discussing the deadline for China to submit its memorial before the Annex VII Arbitral Tribunal in the Philippines-China Annex VII Arbitration
  6. “The legal case for Iraq intervention” ABC Online ‘The Drum’ (28 August 2014) available at <www.abc.net.au/news/2014-08-28/rothwell-the-legal-case-for-iraq-interven... discussing the legal issues that would arise if Australia joined other coalition partners in an air campaign in Iraq and Syria
  7. “MH17: the legal path to justice” ABC Online ‘The Drum’ (22 July 2014) available at <www.abc.net.au/news/2014-07-22/rothwell-justice-will-be-achieved-for-mh1... discussing the legal avenues for bringing those responsible for the incident to justice
  8. “Abbott confronts his ‘Tampa moment’” ABC Online ‘The Drum’ (10 July 2014) available at <www.abc.net.au/news/2014/-07-10/rothwell-abbott-confronts-his-tampa-mome... discussing the implications of High Court litigation challenging the legality of the Abbott government’s detention at sea of 153 asylum seekers
  9. “Why whaling will remain a thorny issue for Australia-Japan relations” East Asia Forum 4 July 2014 available at <www.eastasiaforum.org/2014/07/04/why-whaling-will-remain-a-thorny-issue-... discussing the impact of the Whaling case for Australia-Japan relations
  10. “Whales, Timor: ICJ history for Canberra” The Australian (Legal Affairs section) 14 February 2014, p. 32 discussing the status of Australia’s two cases before the ICJ
  11. “A lot more is at stake than just whaling” ‘The Drum Opinion’ (ABC Online) 7 January 2014, available at <www.abc.net.au/news/2014-01-07/rothwell-a-lot-more-is-at-stake-than-just... (discussing the legal constraints on Australia’s enforcement of Australian law against Japanese whaling in the Southern Ocean)
  12. “Consular help: here today, gone tomorrow” The Age, 7 January 2014, p. 14 discussing the Abbott government’s announced Consular Services review and the need for a Consular Services Act
  13. “Russia must respect the law of the sea” ‘The Drum Opinion’ (ABC Online) 29 November 2013, available at <www.abc.net.au/news/2013-11-29/rothwell-russia-must-respect-law-of-the-sea> (discussing the legal obligations upon Russia to respect the 22 November provisional measures orders issued by ITLOS in the case of the Arctic Sunrise)
  14. “Syria crisis interrupts election campaign” ‘The Drum Opinion’ (ABC Online) (26 August 2013), available at <www.abc.net.au/news/2013-08-26/rothwell-syria-chemical-weapon/4911912> (discussing the alleged use of chemical weapons in Syria and Australia’s role on the UN Security Council in considering this issue)
  15. “Australia can’t simply build fences at sea” The Drum Opinion (ABC Online) (29 July 2013), available at www.abc.net.au/news/2013-07-29/rothwell-australia-cant-simply-build-fences-at-sea (discussing the Coalition policy of ‘Operation Sovereign Borders’ and the issues it raises for Australia’s maritime zones and the law of the sea
  16. “Whales in court: Australia v Japan in The Hague” The Conversation (27 June 2013) at <the conversation.com/whales-in-court-australia-v-japan-in-the-hague> (discussing the commencement of hearing at the ICJ in the Whaling case)
  17. “Constitutional consequences of a Labor leadership change” ABC Online ‘The Drum Opinion’ (24 June 2013) at http://www.abc.net.au/unleashed/4775814.html (discussing the constitutional issues if Labor was to switch leaders at the end of the current sitting period)
  18. “Crikey Clarifier: Australia v Japan in a whale of a case” Crikey (21 June 2013) available at <media.crikey.com.au> (discussing the forthcoming proceedings in the ICJ between Australia and Japan)
  19. “South China Sea dispute dynamics” East Asia Forum (June 16, 2013) www.eastasiaforum.org/2013/06/16/south-china-sea-dispute-dynamics/ (discussing the ICJ decision in Nicaragua v Colombia and its implications for South China Sea maritime disputes)
  20.  “Our Claytons sovereignty gives whales no sanctuary” The Drum Opinion (ABC Online) (27 February 2013) at <www.abc.net.au/unleashed/4542344.html> (discussing the hurdles Australia faces in enforcing Australian law, especially the EPBC Act, in Antarctica and the Southern Ocean)
  21. “Japan, Sea Shepherd: a whale of a legal web” ABC Online ‘The Drum Opinion’ (4 January 2013) at www.abc.net.au/unleashed/4452644.html (discussing Australia’s ICJ case, and Japan’s legal proceedings against Sea Shepherd and Paul Watson)
  22. “How Australia can end the Assange stalemate” ABC Online ‘The Drum Opinion’ (5 December 2012) available at http://www.abc.net.au/unleashed/4408852.html?WT.svl=theDrum (discussing legal and diplomatic options open to Australia to resolve the situation of Julian Assange)
  23. “Should the US ratify the UN Convention on the Law of the Sea?” East Asia Forum September 5, 2012) available at http://www.eastasiaforum.org/2012/09/05/should-the-us-ratify-the-un-convention-on-the-law-of-the-sea
  24. Op-Ed “South American haven still far off for Assange” The Age, 21 August 2012, p. 9 http://www.theage.com.au/opinion/politics/south-american-haven-still-far-off-for-assange-20120820-24ijh.html [discussing the legal situation of Julian Assange in the Ecuadorian Embassy in London and legal options for resolution of his situation]
  25. Op-Ed “South Korea up ante on whaling: legal analysis” Crikey (11 July 2012) at http://www.crikey.com.au/2012/07/11/south-korea-ups-the-ante-on-whaling-legal-analysis/ [discussing the legal issues associated with ‘scientific whaling’ and South Korea’s proposal to issue special permits for whaling]
  26. Op-Ed “Tow-back plan would open up a legal minefield” The Australian 10 July 2012 p 14 available at http://www.theaustralian.com.au/national-affairs/opinion/tow-back-plan-would-open-up-a-legal-minefield/story-e6frgd0x-1226421973587 [discussing the legal issues associated with the return to asylum seekers boats to Indonesia]
  27. Op-Ed “Should we do more to protect Julian Assange?” The Canberra Times, 27 June 2012, p. 9 [discussing Julian Assange and his Ecuadorian asylum claim]
  28. Op-Ed “People may yet have final say” The Canberra Times, 25 February 2012, p. B3 with Dominique Dalla-Pozza [discussing the possible constitutional issues if Kevin Rudd was returned as Labor Leader]
  29. Op-Ed “Our government fiddles as Japan makes a mockery of the whale sanctuary” The Age 13 January 2012, p. 11 [discussing the recent incursions into the Australian Whale Sanctuary by Japan]
  30. Op-Ed “Australia limits its whaling response” The Sydney Morning Herald 3 January 2012, p. 9 [discussing Australia’s options in sending the ACV Ocean Protector to monitor Japanese whaling in the Southern Ocean]
  31. Op-Ed “The Complex Business of saving Gillard’s solution” ABC Online ‘The Drum’ 12 September 2011 at <http://www.abc.net.au/unleashed/2881870.html> [discussing possible amendments to the Migration Act and Immigration (Guardianship of Children) Act to circumvent the M70 decision]
  32. Op-Ed “Government Could Have Foreseen Refugee Decision” The Australian 5 September 2011, p. 14 [discussing the High Court’s decision in the M70 case and Solicitor-General’s subsequent legal advice]
  33.  “Can Big Tobacco’s legal challenge to plain packaging succeed?” The Conversation (27 June 2011) at <http://theconversation.edu.au/can-big-tobaccos-legal-challenge-to-plain-... [discussing a possible international legal claim by Philip Morris Asia against the government of Australia over plain packaging of tobacco]
  34. “Carving up the Arctic: how the rule of law could save the poles” The Conversation (20 May 2011) at <http://theconversation.edu.au/articles/carving-up-the-arctic-how-the-rul...
  35. “Responsibility to protect, not reason to invade” ABC Online The Drum (21 April 2011) at <www.abc.net.au/unleashed/97706.html> [discussing the latest developments in the implementation of R2P and UNSC Res 1973]
  36. Donald R. Rothwell and Hitoshi Nasu “UN Security Council resolutions on Libya and the significance of ‘R2P’” at East Asia Forum (8 April 2011) at <www.eastasiaforum.org/2011/04/08/un-security-council-resolutions-on-liby... (8 April 2011) [discussing the application of R2P in Libya]
  37. Op-Ed “Libya is not Iraq and Civilian Protection, not Regime Change, is the Goal” The Australian, 22 March 2011, p. 12 [discussing the implementation of a no-fly zone in Libya as part of UNSC Res 1973 (2011)]
  38. Op-Ed “UN resolution on intervention sets new benchmark” The Canberra Times 19 March 2011, p. 15 [discussing the UN Security Council Resolution on Libya and its implications for international law]
  39. Donald R. Rothwell and Hitoshi Nasu ‘Legalising Military Intervention in Libya’ ABC Online The Drum Unleashed (15 March 2011) at <www.abc.net.au/unleashed/45166.html>.[discussing options for the UN Security Council in dealing with the situation in Libya]
  40. Op-Ed “Sea stoushes with Japanese whalers could sink the legal battle” The Age 13 January 2011, p. 15 [discussing Australia’s obligations with respect to the Australian-flagged Gojira and its role in SSCS protests against Japanese whaling]
  41. Op-Ed “Chinese law is Australia’s business” ABC Online ‘Unleashed’ 29 November 2010 http://www.abc.net.au/unleashed/41544.html
  42. Op-Ed “Selecting the Speaker: a political calamity” ABC Online ‘The Drum’ 23 September 2010 www.abc.net.au/unleashed/stories/s3019906.htm
  43. Donald R. Rothwell and Dominique Dalla-Pozza “New political paradigm shows early signs of wear” The National Times Online 21 September 2010 http://www.nationaltimes.com.au/opinion/politics/new-political-paradigm-shows-signs-of -wear-20100921-15k6k.html
  44. Op-Ed “Getting the House in order” ABC Online ‘The Drum’ 6 September 2010 www.abc.net.au/unleashed/stories/s3003788.htm
  45. Op-Ed “Speaker hangs in the balance of a difficult choice” The Canberra Times 6 September 2010, p. 9 [discussing the constitutional position the Speaker in the new Parliament]
  46. Op-Ed “Plotting a new course for Barrier Reef shipping” The Canberra Times 16 April 2010, p. 19 [discussing issues confronting the management of the Great Barrier Reef following the Shen Neng 1 incident]
  47. Ann Kent and Donald R. Rothwell “Worrying lack of transparency in Chinese court” The Canberra Times, 26 March 2010, p 19 [discussion the trial in China of Stern Hu and the closed proceedings which took place]
  48. Op-Ed “Japanese Whaling: When Diplomacy Fails, Call the ICJ” Jurist Legal News & Research Forum (3 March 2010) http://jurist.law.pitt.edu/forumy/2010/03/japanese-whaling-when-diplomacy-fails.php [discussing the diplomatic and legal options open to Australia challenge Japan’s JARPA II program]
  49. Op-Ed “Showdown looms on whaling” Canberra Times 2 March 2010, p. 11 [discussing the diplomatic and legal options open to Australia challenge Japan’s JARPA II program]
  50. Op-Ed “Putting Japan in the dock over whaling” Dominion Post (Wellington) 25 February 2010, p. 5 [discussing the options open to Australia and New Zealand to take Japan to the ICJ to challenge the legality of its JARPA II program]
  51. Op-Ed “High seas clash inevitable” The Age 8 January 2010, p. 11 [discussing the collision in the Southern Ocean between the Ady Gil and Shonan Maru and legal and political implications]
  52. Op-Ed “Howard’s Way Still Figures Large in Asylum-Seeker Policy” The Australian 10 November 2009, p. 12 [discussing the Oceanic Viking standoff and legal and policy options open to the Rudd Government]
  53. Owen Cordes-Holland and Donald R. Rothwell “Time to negotiate” ABC On-line ‘Unleashed’ 13 August 2009 www.abc.net.au/unleashed/stories/s2654603.htm [discussing the international legal and diplomatic issues associated with an emissions trading system and the Copenhagen negotiations]
  54. Owen Cordes-Holland and Donald R. Rothwell “Better to delay emissions Bill till after Copenhagen” The Canberra Times, 11 August 2009, p. 15 [discussing the international legal and diplomatic issues associated with an emissions trading system and the Copenhagen negotiations]
  55. “The Guantanamo Refugees no one wants” The Age 15 June 2009 p. XX [discussing the plight of the Uighurs being held at Guantanamo Bay by the US]
  56. “Resettling Guantanamo Detainees: Reluctant and Responsibility” Jurist Legal News & Research Forum (11 June 2009) at http://jurist.law.pitt.edu/forumy/2009/06/resettling-guantanamo-detainees.php [discussing the obligations of the US and the international community to accept Guantanamo detainees]
  57. “Australia has a moral obligation to accept Uighurs” Canberra Times 2 June 2009, p. 11 [discussing Australia’s response to the request from the Obama Administration to accept some Uighur detainees presently held at Guantanamo Bay] reproduced at Australian Policy Online <apo.org.au/commentary/moral-obligation>
  58. “Jakarta part of solution” The Australian 1 May 2009, p. 12 [discussing the capacity of Australia to utilise the Lombok Agreement with Indonesia to implement more effective measures to combat people smuggling]
  59. “How the world needs to tackle pirates on the high seas” The Canberra Times 13 April 2009, p. 9 [discussing the response of the international community to ongoing pirate attacks off the coast of Somalia]
  60. Hitoshi Nasu and Donald R. Rothwell “Different kind of meltdown in view” The Australian 6 April p. 8 [discussing North Korea’s missile/rocket test and the international legal and political implications]
  61. Hitoshi Nasu and Donald R. Rothwell “Law at Sea: Challenges Facing Japan’s Anti-piracy Mission” Jurist Legal News & Research Forum (26 March 2009) at www.jurist.pitt.edu/forum/2009/03/law-at-sea-challenges-facing-japans.php
  62. “War is a case for law” The Canberra Times 10 January 2009, p. B5 [discussing the legal situation in Gaza under international humanitarian law and international criminal law, and the potential for Israel to be accountable before the ICC]
  63. “Apathy is not an option” The Canberra Times, 4 November 2008, p. 15 [discussing the diplomatic and legal options the Rudd Government should pursue in responding to the anticipated execution of the Bali Bombers]
  64.  “Time to bridge deep divide” The Canberra Times 23 June 2008, p. 9 [discussing the Australian/Japanese positions to be put to IWC 60 at Santiago, Chile]
  65. “Arctic Ocean Seabed Rights: The Last Great Land Grab?” in Jurist Legal News & Research (1 March 2008) @ <www.jurist.law.pitt.edu/forum/2008/03/arctic-ocean-seabed-rights-last-gr...
  66. “It’s ocean warfare” The Canberra Times 23 February 2008, p. B8 [feature piece discussing the range of policy and legal options now open to the Rudd government in its campaign to halt Japanese ‘scientific’ whaling]
  67. “Dispute threatens Antarctica claim” The Sydney Morning Herald 17 January 2008, p. 13 [discussing the legality of Japan’s whaling actions in the Southern Ocean and the legal options open to the Rudd Government]
  68. “Labor’s policies place it on an international tightrope” The Canberra Times 4 January 2008, p. 19 [discussing the international legal and diplomatic issues confronting the Labor government in office]
  69. “Kyoto ratification not without its headaches for Rudd” www.crikey.com.au 27 November 2007 [discussing the procedural issues facing the new Rudd government in ratifying the Kyoto Protocol]
  70. “Some hurdles to clear on nuclear deal” The Australian Financial Review 19 September 2007 at 63 [discussing the 2007 Australia-Russia Nuclear Agreement signed at the APEC meeting and safeguards issues arising from the Agreement]
  71. “APEC treaty bonanza faces an uncertain future” The Canberra Times 12 September 2007 p. 21 [discussing the legal outcomes of APEC and associated side meetings and the status of the treaties and international instruments agreed to at those meetings]
  72. “Mokbel extradition faces hurdles” ABC Online “ABC News Opinion” 12 June 2007 at <www.abc.net.au/news/opinion/items/200706/s1948763.htm> [discussing the legal process and issues that may arise in Australia’s extradition request of Tony Mokbel]
  73. “Time for new tack on whales” The Canberra Times, Friday 25 May 2007, p. 15 [discussing the way forward for Australia in dealing with Japan’s ‘scientific’ whaling program within the IWC and legal advice challenging the legitimacy of that program]
  74.  “David Hicks has his day before a flawed court” The Canberra Times 26 March 2007, p. 11 [discussing David Hicks’ arraignment before the US Military Commission]
  75. “A year after Nguyen, death still stalks Australians abroad” The Canberra Times 2 December 2006 at p. B9 [discussing the options the Australian government needs to be considering in the case of the members of the Bali Nine on death row in Indonesia]
  76.  “POW Transfer an Option for Hicks” ANU Reporter (Spring 2006) 34
  77. “David Hicks and the US Military Commissions Process: Next Steps” Jurist Legal News & Research 11 October 2006 at <jurist.law.pitt.edu/forumy/2006/10/david-hicks-and-us-military.php>
  78. “The Bali Nine present both opportunities and challenges” The Courier Mail 2 October 2006, p 24 [discussing the options open to Australia in challenging the death sentences handed down against six of the Bali Nine]
  79.  “Regardless of alleged crimes, Hicks deserves basic rights” The Canberra Times 18 September 2006, p 11 [discussing David Hicks’ rights under Geneva Convention Three as a prisoner of war, and his potential transfer to Australian custody as a POW)
  80. “Lebanon role compromised” The Canberra Times 7 August 2006 p. 11 [discussing whether Australian should contribute to the proposed UN force for Lebanon given its force capacity and bias towards Israel in the dispute]
  81. “We’re too desperate to please Jakarta” The Australian, 11 April 2006, p. 12 [discussing the international law obligations Australian owes to West Papuan refugees and how Australia should deal with future refugee outflows from West Papua]
  82. “With the end near, the time for diplomatic niceties is long gone” The Sydney Morning Herald, 23 November 2005, p. 19 [discussing Australia’s options of commencing International Court of Justice action in the case of Nguyen Tuong Van]
  83. “Coalition too willing to subvert rule of law” The Newcastle Herald, 21 September 2005 at p 9 [discussing the continuing impact of the Iraq War upon the rule of law]
  84. “A right to protection” The Canberra Times, 10 August 2005 at p. 11 [discussing the capacity of the Australian government to exercise diplomatic protection on behalf of Australian citizens such as David Hicks and Schapelle Corby]
  85. “Treaty another way into East Asia” The Sydney Morning Herald, 15 April 2005 at p 11 [discussing whether Australia should ratify the ASEAN Treaty of Amity and Cooperation] also reprinted in ON LINE Opinion (18 April 2005) at <www.onlineopinion.com.au/view.asp?article=3357>
  86. “Global climate change, the Great Barrier Reef and our obligations” ON LINE Opinion (19 November 2004) at <www.onlineopinion.com.au/print.asp?article=2770> (19 November 2004) (with Tim Stephens) [discussing Australia’s obligations under the World Heritage Convention to protect the Great Barrier Reef from the effects of climate change]
  87. “Saddam’s trial will test the legitimacy of the new Iraqi government” Sydney Morning Herald, 1 July 2004, p. 11 [discussing the Iraqi Special Tribunal and the procedures in place for the trial of Saddam Hussein]; also reprinted in ON LINE Opinion (12 July 2004) at <www.onlineopinion.com.au/view.asp?article=2360>  (19 November 2004)
  88. “How we can be hailed as true liberators in Iraq” Sydney Morning Herald, 16 April 2004, p. 11 [discussing the legality of Australia’s continuing occupation of Iraq under the Geneva Conventions and UNSC Resolution 1511]
  89. “Australia free to pull troops from Iraq at will” The Canberra Times, 2 April 2004 [discussing Australia’s legal obligations under Geneva Convention IV and the UNSC Resolutions as an occupying power in Iraq]
  90. “We must be sure before we go to war” The Canberra Times, 2 March 2004, p. 11 [discussing the need for a further inquiry into Iraq’s WMD capability in the wake of the release of the Jull report and the legal significance of pre-war intelligence]
  91. “A tribunal sponsored by the UN is crucial to post-war justice” Sydney Morning Herald, 7 April 2003, p. 13 [discussing the need for an International Criminal Tribunal for Iraq to be established to deal with war crimes]
  92. “The laws of conflict cut both ways” The Sydney Morning Herald, March 26, 2003, p. 15 [discussing the interpretation of Geneva Convention III in the Iraq War]
  93. “US and its allies threaten rule of international law” The New Zealand Herald, March 17, 2003 [discussing the illegality of an armed attack upon Iraq]
  94. “Waiting for the United Nations - Iraq conflict causes conflict: illegal act or self-defence?” The Weekend Australian Financial Review March 15-16, 2003, p. 48 [arguing that existing UNSC Resolutions do not authorise use of force against Iraq]
  95. “War against Iraq needs UN support” The Canberra Times, 5 March 2003, p 17 [discusses the need for a fresh UNSC Resolution to authorise military intervention in Iraq]
  96. “Coalition of the willing? Make that war criminals” Sydney Morning Herald, 26 February 2003, p. 15 (also appeared as “Howard must not involve us in an illegal war” The Age, 26 February 2003) [Opinion on the international humanitarian law implications of armed intervention in Iraq signed by 33 international lawyers]
  97. “Unilateralism could destroy rule of law” The Canberra Times, 13 November 2002 [discussing the impact of the ‘war on terror’ on the rule of law]
  98. “Rhetoric on Saddam worth inspection” The Canberra Times, 17 September 2002, p 11 [discussing the international law options with regard to military intervention in Iraq]
  99. “There is no legal justification for attacking Iraq” The Canberra Times, 26 August 2002 at 11 [discussing the legality of armed intervention in Iraq by the US or Australia]
  100. “When our citizens are left to rot” The Sydney Morning Herald 15 May 2002 at 15 [discussing the international law issues surrounding the detention of Hicks and Habib and Australia’s responsibility towards them as citizens]
  101. “Necessity for international court grows” The Canberra Times 2 May 2002 at 11 [discussing possible Australian ratification of the Rome Statute for the International Criminal Court]
  102. “Vengeful nations a law unto themselves” The Australian 14 January 2002 at 11 [discussing international law implications of global response to terrorism]
  103. "Protecting the line between self-defence and wild aggression" The Sydney Morning Herald 11 October 2001 at 17 [assessing the legitimacy of US attacks against Afghanistan following the 11 September 2001 terrorist attacks in the US]
  104. "An usual piece of law with an uncertain future" The Australian Financial Review 6 July 2001 at 60 [assessing the Timor Sea Treaty between Australian and UNTAET/East Timor]
  105. "Good world citizen when it suits" The Australian 16 December 1999 at 13 [assessing Australia's response to concerns raised by the International Narcotics Review Board about compliance with the Single Convention on Narcotics]

 

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