Publications

This is a searchable catalogue of the College's most recent books, book chapters, journal articles and working papers. The ANU College of Law also publishes a Research Paper Series on SSRN.

Australia

Author(s): Donald Rothwell

This is a chapter on Australia for a forthcoming book that will provide a comparative perspective on the role of domestic courts in enforcing treaties. The book will be published by Cambridge University Press.

Read on SSRN

Centre: CIPL, CMSL

Research theme: International Law, Military & Security Law

The Arctic in International Law: Time for a New Regime?

Author(s): Donald Rothwell

Long neglected in terms of international governance and management, the Arctic is slowly attracting greater attention as a region in need of an effective regime. Whilst the Arctic is not plagued by unresolved territorial disputes, there is the spectre of rising tension over yet to be asserted maritime claims over the vast Arctic Ocean. When this issue is added to the growing alarm over the impact of climate change upon the Arctic, which brings with it not only associated significant environmental change but also increased access within the region, it becomes clear that a region which for all of the Twentieth Century was pushed to the side when it came to the regulation of international affairs has the potential to take centre stage as state interests are awoken and global concerns advance. This paper reviews some of these recent developments with a particular focus upon outer continental shelf claims to the Arctic Ocean, navigational rights and freedoms within the Northeast and Northwest Passage, and the development of the Arctic Council. It argues that the circumstances are ripe for the development of an Arctic Treaty, borrowing from some of the concepts and principles which have been adopted in Antarctica.

Read on SSRN

Centre: CIPL, CMSL

Research theme: International Law, Military & Security Law

Australia

Author(s): Donald Rothwell

This is a chapter on Australia for a forthcoming book that will provide a comparative perspective on the role of domestic courts in enforcing treaties. The book will be published by Cambridge University Press.

Read on SSRN

Centre: CIPL, CMSL

Research theme: International Law, Military & Security Law

Australia's Territorial Sea: International and Federal Implications of Its Extension to 12 Miles

Author(s): Donald Rothwell

In November 1990 Australia extended its territorial sea from 3 to 12 nautical miles. This article examines the consequences of this extension under international and municipal law, and draws comparisons with the experience of the United States and Canada in relation to their territorial seas. The expansion of Australia's territorial sea has some noteworthy features under international law in its effect on Australia's territorial claims in the Antarctic, and on the maritime delimitation between Australia and Papua New Guinea in Torres Strait. The consequences of the extension under municipal law arise from the unique offshore regime agreed between the federal government and seven state and territorial governments in 1979, by which jurisdiction over the territorial sea is divided between central and regional governments. Australia's federal constitutional structure has created problems of offshore jurisdiction similar to those experienced in Canada and the United States, but the solution adopted is markedly different. The Australian settlement may prove a useful model for federations trying to reach an agreement over offshore areas.

Read on SSRN

Centre: CIPL, CLAH

Research theme: International Law, Military & Security Law

Pages

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