JJUA55144U International Law of the Sea

Volume 2018/2019
Content

A sound marine environment provides the foundation for all life. Thus rules of international law governing the oceans are of central importance in the international community. The law is also crucial for Denmark that has important maritime industry. This course seeks to introduce students the comprehensive legal frameworks of International Law of the Sea.

The course is divided into two parts.

The first part, ‘Divided Ocean’, deals with:
(i) principles and development of the law of the sea,
(ii) baseline and related issues,
(iii) marine spaces under the territorial sovereignty (internal waters, territorial sea, international straits, and the archipelagic waters),
(iv) marine spaces under the sovereign rights (the contiguouszone, the exclusive economic zone and the continental shelf),
(v) marine spaces beyond national jurisdiction (the high seas and the Area), and
(vi) maritime delimitation.

The second part of this course, ‘Our Common Ocean’, addresses:
(i) conservation of marine living resources,
(ii) marine environmental protection,
(iii) conservation of marine biological diversity,
(iv) marine scientific research,
(v) maintenance of international peace and security and
(vi) peaceful settlement of international disptues at sea.

This course builds on knowledge particularly in the bachelor coruse of public international law. As this is a MA course, the students are required to critically analyse the above issues. While there is no requirement for students to complete other MA courses, a basic knowledge of public international law will be helpful to follow the course. In addition, this course is particularly relevant for students who wish to work in maritime industry in the future. This course is given in English.

Learning Outcome

Knowledge:

On successful completion of the course, students will be able to demonstrate a specialised academic knowledge concerning legal frameworks governing each jurisdictional zone in the oceans. Also the students will be able to have a legal understanding with respect to use of the oceans in international law of the sea.

Skills:

The students will be able to critically analyse legal issues by examining customary rules and relevant treaties in the law of the sea. They will also be able to identify and critically examine relevant cases of international courts and tribunals.

Competences:

The students will be able to identify and advise a relevant approach to address new issues of the law of the sea in English. In this regard, it is important to strike a sound balance between competing principles and interests of States.

Through this course, the students will be able to explore a legal framework that reconciles competing interests.

Literature

Recommended literature:
Y. Tanaka, The International Law of the Sea, 2nd edition (Cambridge University Press, 2015), 472 p. This is a textbook for the course.

Furthermore, students are required to refer to the UN Convention on the Law of the Sea, which is some 144 pages in electronic text (excluding Annexes).
In addition, relevant articles, cases, treaties and other documents are to be suggested in a timely manner within the scope of 750 pages in total.

In addition, students will be suggested to read, inter alia:

  • Y. Tanaka, “Regulation of Greenhouse Gas Emissions from International Shipping and Jurisdiction of States”, Review of European, Comparative and International Environmental Law, Vol. 25, 2016, pp. 333-346 (This is an outcome of the research project of CEVIA).
  • Y Tanaka, “Obligations and Liability of Sponsoring States Concerning Activities in the Area: Reflections on the ITLOS Advisory Opinion of 1 February 2011”, Netherlands International Law Review, Vol. 60, 2013, pp. 205-230 (this is an outcome of the research project of CEVIA).
  • Y. Tanaka, “Unilateral Exploration and Exploitation of Natural Resources in Disputed Areas: A Note on the Ghana/Côte d’Ivoire Order of 25 April 2015 before the Special Chamber of ITLOS”, Ocean Development and International Law, Vol. 46, 2015, pp. 315-330.
  • Y. Tanaka, “Navigational Rights and Freedoms”, in D. Rothwell, A. Oude Elferink, K. Scott and T. Stephens (eds.), Oxford Handbook on the Law of the Sea (Oxford University Press, 2015), pp. 536-558.

 

Needless to say, other writers’ articles will also be suggested as further reading.

Good command of English is recommendable.
The course is a inter-active lecture. The lecture is given on the basis of the actual or hypothetical cases and questions. In the class, the students will be required to discuss suggested cases and questions in a small group. Furthermore, as part of group activity, the students will be required to participate in a ‘moot negotiation’. ‘Moot negotiation’ aims to facilitate class participation of the students. In ‘moot negotiation’, students discuss hypothetical scenario (question). The students will be divided into, for instance, three groups and they present/defend their legal position as a hypothetical member of national delegation in an international conference or negotiation table.
Related subjects (any related courses or related subject areas): Public International Law, International Environmental Law, International Energy Law
  • Category
  • Hours
  • Preparation
  • 356,5
  • Seminar
  • 56
  • Total
  • 412,5
Collective

Self-evaluation on the basis of quizzes or a mini-test. As a plan, students will be given a short written test or quizzes in the class. They exchange their answer and evaluate each other. Subsequently I will explain correct answer and provide the students suggestions to achieve learning objectives.

Credit
15 ECTS
Type of assessment
Written assignment, 3 days
Assigned written individual assignment, 3 days
Marking scale
7-point grading scale
Censorship form
No external censorship
Exam period

December 14-17, 2018

Re-exam

February 1-4, 2019