Abstract

Since AUKUS was announced in 2021 there have been multiple diplomatic and political developments that have advanced the trilateral military partnership. Some legal issues have also been flagged that may prove troublesome. First, the 2024 trilateral agreement creating the AUKUS legal framework contains many novel legal provisions and acknowledges the influence of global international nuclear law which could be challenging. Second, Southeast Asian states have raised concerns over Australian AUKUS submarines navigating through their waters, suggesting that traditional freedoms of navigation may be constrained. Third, Australia’s Pacific neighbours have raised concerns over whether AUKUS submarines are consistent with Australia’s obligations under the South Pacific Nuclear Free Zone Treaty. These legal issues will be assessed, including consideration of possible Australian responses.

About the Speaker

Donald R. Rothwell is Professor of International Law at the ANU College of Law, Australian National University where he has taught since July 2006. His research has a specific focus on law of the sea, law of the polar regions, and implementation of international law within Australia as reflected in over 200 articles, book chapters and notes in international and Australian publications. Rothwell has authored, co-authored or edited 28 books including most recently Islands and International Law (Hart, 2022). Major works include The International Law of the Sea 3rd Edition (Hart, 2023) with Tim Stephens; and The Oxford Handbook of the Law of the Sea (Oxford, 2015) co-edited with Oude Elferink, Scott and Stephens. In October 2024 he appeared before an Australian Parliamentary Committee reviewing the 2024 AUKUS Agreement.