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Course

Law of the Sea - JURD7586

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8086

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The Law of the Sea is that body of international law which regulates the activities of States in their international relations concerning maritime matters. It is one of the most dynamic and important areas of international law, and is of particular importance to Australia, which possesses one of the largest maritime areas on earth. This course aims to examine the current legal regime governing ocean uses. The course will examine the major maritime zones recognised in international law and the rules relating to the various uses of the seas including fishing, shipping and navigation, scientific research and mining. It will examine the way in which disputes over conflicting uses of the seas arise and the manner in which they are handled and will look at the interrelationship between the public international law of the sea and municipal law with particular reference to matters of importance to Australia.

This course is also available to students undertaking relevant postgraduate non-law degree programs at UNSW, provided such enrolment is approved by the appropriate non-law Faculty.


Recommended Prior Knowledge

None, but LAWS8180 Principles of International Law or equivalent is a recommended pre- or co-requisite.

Course Objectives

The objective is to provide students with a broad but thorough knowledge of the law of the sea with particular focus on understanding the nature and ramifications of the various regimes established by the 1982 United Nations Convention on the Law of the Sea and its implementing agreements. The specific aims of this course are:
  • To examine and analyse the main legal concepts and principles of the international legal regime governing the use of the oceans, the sea-bed and the subsoil thereof
  • To assist students to develop an understanding of the issues involved in the regulation and sustainable use of ocean spaces, particularly in areas beyond national jurisdiction
  • To develop an awareness of the different methods of the law of the sea as compared to national law in such matters as formulation and enforcement of the law and dispute resolution
  • To assist students to develop advanced research skills in the law of the sea
  • To assist students to recognise international law of the sea problems in their subsequent careers and to point them in the direction of ways of resolving them

Learning Outcomes

  • Recall and recount the historical origins and specifics of the on-going development of the current international legal regime governing ocean uses;
  • Demonstrate awareness and understanding of, and critically evaluate, key legal concepts, doctrines and principles in the law of the sea;
  • Comprehend and evaluate the importance of the law of the sea to international relations and the use, by the international community, of ocean spaces;
  • Demonstrate a functioning and contextual knowledge of the law of the sea and the relevant international legal institutions through concise written and oral arguments supported by doctrinal disciplinary knowledge and interdisciplinary policy perspectives and adequate reference to a range of legal and interdisciplinary research sources using appropriate legal citation;
  • Interpret and analyse the texts of the law of the sea including treaties, UN Documents, case law and academic commentary
  • Identify and critically analyse issues involved in international disputes over ocean uses;
  • Identify some key areas of the law of the sea which are currently the subject of debate and reform;
  • Demonstrate ability to research and access information on law of the sea issues; and
  • Demonstrate ability to think critically and to justify ideas in a reasoned manner and communicate effectively, in speaking and writing, on matters concerning the law of the sea.

Main Topics

1. The History of the Law of the Sea

2. Defining and Regulating Ocean Spaces
  • Baselines and Internal Waters
  • The Territorial Sea
  • The Exclusive Economic Zone
  • The High Seas
  • The International Sea Bed Area
3. Maritime Boundary Delimitation

4. Regulating Ocean Spaces
  • Nationality of Ships
  • Proscribed Activities
  • Navigation
  • Fishing
  • Protection of the Marine Environment
  • Marine Scientific Research
  • Deep Seabed Mining

Assessment

 
Class participation   15
Seminar Presentation   20
Research essay   65%
 

Course Texts

Prescribed
  • Rothwell & Stephens, The International Law of the Sea (1st Edition), Hart Publishing (2010)
  • The 1982 United Nations Convention on the Law of the Sea and its implementing agreements of 1994 and 1995
Recommended
None
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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