JJUA54079U International Law of the Sea
In light of the increasing use of the oceans, the elaboration of
law of the sea is particularly important. For instance, currently
there is a great need to pursue conservation policies in order to
prevent depletion of marine living resources because these
resources are an important source of protein in a situation of food
shortage at the global level. As contaminations in coastal waters
may pose serious risks to marine ecosystems and human health,
arguably the protection of the marine environment is of central
importance for the survival of coastal populations. Further to
this, law of the sea is an inseparable part of public international
law in general. Hence, law of the sea will provide useful insights
into the study of various fields of international law, including
sources of the law, state jurisdiction, environmental protection
and peaceful settlement of international disputes, etc. Against
that background, this course aims to provide a broad knowledge of
the international law of the sea focusing on the 1982 United
Nations Convention on the Law of the Sea.The course is divided into
three principal parts:
1. The first part will discuss the development of international law of the sea.
Main focus will be on the codification of the law.
2. The second part of the course seeks to provide systematic knowledge on each jurisdictional zone in the oceans.
To this end, this part will examine:
(i) Internal waters,
(ii) Territorial sea,
(iii) International straits,
(iv) Archipelagic waters,
(v) Contiguous zone,
(vi) Exclusive economic zone,
(v) Continental shelf, ´
(vi) High seas,
(vii) The Area, and
(viii) Maritime delimitations.
3. The third part will address various issues arising from human use of the oceans, such as:
(i) Conservation of marine living resources,
(ii) Protection of the marine environment,
(iii) Concervation of marine biological diversity,
(iv) Marine scientific research, and
(v) Marine security
(vi) Peaceful settlement of international disputes
- To demonstrate a understanding concerning legal
frameworks governing each jurisdictional zone.
- To critically analyse legal issues associated with the use of the oceans.
Essential Reading: You will be advised to choose one of the textbooks indicated below:
- Y. Tanaka, The International Law of the Sea, 2nd edition (Cambridge, Cambridge University Press, 2015)
- D. Rothwell and T. Stephens, The International Law of the Sea (Oxford, Hart Publishing 2010),
- R.R.Churchill and A.V. Lowe, The Law of the Sea, 3rd edition (Manchester, Manchester University Press, 1999).
- The 1982 United Convention on the Law of the Sea (the text of the Convention is available online:(http://www.un.org/Depts/los/index.htm)
The text is also reproduced in M.D. Evans, Blackstone’s
International Law Documents, 10th edition, Oxford, Oxford
University Press, 2011.)
Total required reading is approximately 550 pages.
- Practical exercises
- 10 ECTS
- Type of assessment
- Written assignmentWritten homework assignment with deadline (essay)
Essay assignment of the number of 23000 characters, which is equivalent to approximately 4500 words in English. The essay topics will be suggested approximately 5 weeks before the deadline.
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
Exam date: December 18, 2015
Exam date: January 28, 2016
Criteria for exam assesment
- Present and explain the theoretical and practical
problems of the course subject
- Identify all relevant legal issues
- Identify all relevant treaties, customary law, general principle of law, and international decisions
- Analyse relevant issues within the course subject based on various relevant and professional approaches
- Make a critical weighting of the relevant arguments and make a reasoned choice in relation to theoretical and practical solutions
- Structure the work so that statements, arguments and conclusions flow coherently and logically
- Put into perspective the specific issues of the course subject in a way that shows that she/he has a professional breadth of view in relation to and knowledge about the course subject
- Propose an appropriate synthesis and conclusion with respect to facts, issues, law and solutions
- Conduct a thorough and planned library research
- Demonstrate the ability to do research independently and autonomously
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent.