Donald Rothwell

Donald Rothwell is an Australian legal scholar and professor of international law at the Australian National University College of Law, where he has taught since 2006. His research covers the law of the sea, polar law and Australia's engagement with international law, and he co-wrote The International Law of the Sea. He comments regularly in the media on international law.

Also known as Donald R. Rothwell, Donald R RothwellWebsite (opens in a new tab)

What we have documented

We have documented 1 statement by Donald Rothwell, in 1 case. Each statement below gives the quotation, its original source and a link to the full case.

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Statements by Donald Rothwell

Donald Rothwell

Role at the time: Professor of International Law at the Australian National University, writing for the Lowy Institute's The Interpreter

Challenged the characterization

Statement summary

Writing for the Lowy Institute before the tribunal hearing, international law professor Donald Rothwell said that although Argentina framed its case around the UN Convention on the Law of the Sea, its core is the territorial dispute over the islands, which the Hamburg tribunal has no jurisdiction to decide. He said Argentina's claim could therefore fail at the first hurdle, while noting that the tribunal has generally been reluctant to take a narrow view of its jurisdiction.

“While Argentina has framed its claim around UNCLOS, the core of the case is the territorial dispute over the islands, referred to as Malvinas by Argentina. ... Argentina's claim could therefore fall at the first hurdle, and Buenos Aires is no doubt aware of this challenge.”
Open source (opens in a new tab)Falklands: Argentina's new legal fight over the Sea Lion oil projectFull article
Why we used this label

Relative to Argentina's sanctions and legal action against the Sea Lion project, Rothwell disputes Argentina's framing of its case as a law of the sea dispute, saying its core is the territorial dispute the tribunal cannot decide. He questions the legal footing of the action without endorsing or condemning it, so we labeled it as challenging the characterization.

A participant is a subject of the case. A speaker has a statement documented in it. A commentator has an opinion or editorial documented in it.

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