LAW 7173 - Maritime Law and Geopolitics in the Asian Region

North Terrace Campus - Trimester 2 - 2023

This course will address the competing claims made in relation to the South China Sea by countries in the Asia-Pacific region. It will principally focus on the Law of the Sea Convention and its application to the resolution of disputes with particular reference to the legal arguments invoked by China, Japan, the Philippines and Vietnam, as well as Australian and US reactions to such arguments. Dispute resolution processes as contained within the Law of the Sea Convention as well as principles of law that may be unilaterally invoked in support of claims will be canvassed. Given China's prominence in this arena there will be special attention placed on Chinese conceptions of governance (based on cultural, historical, and political attitudes) as well as general precepts of maritime strategy as a basis for developing a deeper understanding of the regional political, military and strategic dynamics. A central question in this analysis will be how to understand China's approach to its national identity as it seeks to assume a role of regional leadership and how this translates into legal arguments and claims advanced.

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Course Details

Course Code	LAW 7173
Course	Maritime Law and Geopolitics in the Asian Region
Coordinating Unit	Adelaide Law School
Term	Trimester 2
Level	Postgraduate Coursework
Location/s	North Terrace Campus
Units	3
Contact	Intensive
Available for Study Abroad and Exchange	Y
Prerequisites	Students without a Bachelor of Laws must have completed LAW 7177

Course Staff

Course Coordinator: Professor Matthew Stubbs

Professor Peter Dutton - US Naval War College, New York University

Course Timetable

The full timetable of all activities for this course can be accessed from .

Course Learning Outcomes

On successful completion of this course, students will be able to:

1	Identify the political, cultural and historical influences on Chinese governance and explain the unique circumstances of Chinese perspectives on the South China Sea and the historical significance of the '9-dash' line.
2	Describe the Law of the Sea framework and the compulsory dispute settlement mechanisms and analyse legal efforts to resolve disputed maritime claims.
3	Articulate the nature of maritime disputes within East Asia and Chinese approaches to delimitation of maritime areas within the context of the interplay of power, law and politics in East Asia.
4	Analyse the legal and political dimensions of sovereignty and the nature of such disputes in East Asia with specific reference to the Spratly Islands and the Senkaku-Diaoyu Islands.
5	Explain US approaches to maritime dispute resolution and to appreciate the nature of US and Australian navigational perspectives under the Law of the Sea Convention and supporting customary international law.
6	Apply existing legal frameworks to analyse contentious maritime issues in the Asian region, and analyse the characteristics of specific legal-political perspectives by reference to a complex rules-based regime and draw legally accurate conclusions.
7	Communicate legal argument and analysis both orally and in writing.
8	Undertake self-directed international legal research at a high level, including through the use of online technologies.

University Graduate Attributes

This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

University Graduate Attribute	Course Learning Outcome(s)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1-8
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	1,4,6
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	7
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	1,3,6,7,8
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	1,3,4,5,6
Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.	.
Attribute 7: Digital capabilities Graduates are well prepared for living, learning and working in a digital society.	8
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	.

Learning Resources

Required Resources

All materials and resources, and all assessment information and submissions, will be available on MyUni.

Online Learning

Students are expected to check MyUni regularly to keep up to date with the course.
Learning & Teaching Activities

Learning & Teaching Modes

The course will be taught intensively over 5 days. Students are expected to have undertaken the reading provided and to come to class ready to discuss that material. The course will feature group discussions of topical issues on which students are expected to express opinions in light of the material covered in the course.

Workload

The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

Students should anticipate spending 156 hours on this course, across preparation, classes, revision and assessments.

Learning Activities Summary

No information currently available.

The University's policy on Assessment for Coursework Programs is based on the following four principles:

Assessment must encourage and reinforce learning.
Assessment must enable robust and fair judgements about student performance.
Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
Assessment must maintain academic standards.

Assessment Summary

Assessment Task	Task Type	Due	Weighting	Learning Outcome
Class Participation	Individual, summative	N/A	10%	1-7
In-class Presentation (10 minutes)	Individual, summative	Last day of intensive teaching	30%	1-8
Research Essay (4000 words)	Individual, summative	Friday 4 weeks after teaching finishes, 2pm	60%	1-8

Assessment Detail

Class Participation
The course will spend considerable time discussing legal and political issues associated with maritime disputes and governance mecanisms in the Asian region. There will be ample opportunity for students to engage both individually and within groups on the issues covered.

In-class Presentation
Students will be required to provide a short (10 minute) presentation relating to a particular issue covered in the class. Students may use this short presentation to hone arguments that will be used in their long assessment paper or use the opportunity to address a discrete area of interest that may not ultimately feature in their long paper. This process has proven highly effective in focussing attention on a key issue and allowing the class to constructively critique that area. It offers a unique ability for a student to 'road test' ideas within a very supportive and positive environment.

Research Essay
While students will be free to design any relevant (and approved) topic they would like, selected possible topics will be presented progressively through the course for consideration. All topics must be approved by the course coordinator, preferably by the last day of the

course.

Submission

Students will be provided with submission instructions as part of the assessment instructions for each item of assessment which will be made available on MyUni.

ASSIGNMENT EXTENSION APPLICATION
Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Late Submission Penalties:
When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that the assignment is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length Penalties:
5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

Course Grading

Grades for your performance in this course will be awarded in accordance with the following scheme:

M10 (Coursework Mark Scheme)
Grade	Mark	Description
FNS		Fail No Submission
F	1-49	Fail
P	50-64	Pass
C	65-74	Credit
D	75-84	Distinction
HD	85-100	High Distinction
CN		Continuing
NFE		No Formal Examination
RP		Result Pending

Further details of the grades/results can be obtained from Examinations.

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

Final results for this course will be made available through .

Student Feedback

The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
Student Support
The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The University’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Honesty
Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Fraud Awareness

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.

The 成人大片 is committed to regular reviews of the courses and programs it offers to students. The 成人大片 therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator

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