autumn 2018

JUR-3054 General Law of the Sea II - 15 ECTS

Sist endret: 08.02.2019

The course is provided by

Faculty of Law

Location

Tromsø |

Type of course

Master level students The course is part of the Master of Laws programme in Law of the Sea.

Admission requirements

Only students admitted to the Master of Laws program in Law of the Sea may register for the exam of this course.

Course content

The course covers the following topics:

  • The principles and procedures for the delimitation of overlapping maritime zones and the establishment of the outer limits of the continental shelf;
  • The principles of dispute settlement
  • The regime for maritime scientific research
  • Maritime security (piracy, terrorism and other crimes at sea)
  • International security (maritime warfare, military uses at sea

Objectives of the course

Knowledge:

Having passed the exam, the student shall have acquired:

  • Advanced knowledge on principles for delimitation of maritime zones and delineation of the outer limits of the continental shelf;
  • Advanced knowledge on the principles of dispute settlement
  • Advanced knowledge on the regime for maritime scientific research
  • Advanced knowledge on maritime security (piracy, terrorism and other crimes at sea)
  • Specialised knowledge on international security (maritime warfare, military uses at sea)

Skills and general qualifications:

Having passed the exam, the student will:

  • Be able to identify and analyse questions of theoretical and practical character in General Law of the Sea
  • Be able to independently and critically apply the sources of General Law of the Sea
  • Be able to identify the limitations of existing law
  • Be able to use English terminology with this field of law

Language of instruction

English

Teaching methods

The teaching consists of a combination of lectures and seminars, comprising a total of 30 hours. The students are expected to be prepared and active during both the lectures and the seminars, including by engaging in discussions on the prescribed material. They may also be asked to prepare papers and give presentations during the seminars. Students are expected to study independently in periods when there are no lectures or seminars.

Assessment

The course is assessed through a six-hour written exam. The exam may include theoretical and/or scenario questions.

The grading scale of A to F is applied, where F constitutes fail. Students who fail their examination are entitled to re-sit the exam (cf. Regulations for examinations at the University of Tromsø Sec.22).

The students admitted to the LL.M programme on Law of the Sea are required to hand in a written assignment and have it accepted as adequate before they can take the exam. The written assignment shall not exceed 5000 words.

Date for examination

Written test 29.11.2018

The date for the exam can be changed. The final date will be announced in the StudentWeb early in May and early in November.

Schedule

Recommended reading/syllabus

J.G. Merrills International Dispute Settlement (5th, CUP, 2011): Chapter 7 The International Court II: the Work of the Court pp. 142-166 (25 pages)

R.R. Bundy "Preparing for a Delimitation Case: The Practitioner´s View" in R. Lagoni and D. Vignes (eds) Maritime Delimitation (Martinus Nijhoff Publishers 2006) pp. 95-119 (25 pages)

N.S. Marques Antunes Towards the conceptualisation of maritime delimitation (Martinus Nijhoff Publishers, 2003), pp. 46-64 (19 pages)

A.G. Oude Elferink "North Sea continental shelf cases" Max Planck Encyclopedia of Public International Law (updated September 2013) (8 pages)

D. Anderson "Maritime Delimitation in the Black Sea Case" (Romania v. Ukraine) 8 (2009) The Law and Practice of International Courts and Tribunals pp. 305-327 (23 pages)

A.G. Oude Elferink "ITLOS´s approach to the delimitation of the continental shelf beyond 200 nautical miles in the Bangladesh/Myanmar case: theoretical and practical difficulties" (16 pages)

A.G. Oude Elferink "Third States in maritime delimitation cases: too big a role, too small a role or both?" in: A. Chircop, T. McDorman, S. Rolston (eds) The Future of Ocean Regime-building : Essays in Tribute to Douglas M. Johnston (Martinus Nijhoff Publishers: 2009), pp. 611-641 (31 pages)

T. McDorman "The Continental Shelf Regime in the Law of the Sea Convention: A Reflection on the First Thirty Years 27" (2012) International Journal of Marine and Coastal Law pp. 743-751 (9 pages)

M.S. Gau "Recent Decisions by the Commission on the Limits of the Continental Shelf on Japan´s Submission for Outer Continental Shelf" 11 (2012) Chinese Journal of International Law pp. 487-504 (18 pages)

A.G. Oude Elferink "Do the coastal states in the South China Sea have a continental shelf beyond 200 nautical miles?" in : S. Jayakumar, T. Koh and R. Beckman (eds.) The South China Sea disputes and law of the sea (Elgar, 2014) pp. 164-191, pp. 164-191 (28 pages)

A. Serdy "The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate" 26 (2011) International Journal of Marine and Coastal Law pp. 355-383 (29 pages)

M.C.W. Pinto "Article 76 of the UN Convention on the law of the sea and the Bay of Bengal Exception" 3 (2013 ) Asian Journal of International Law pp. 215-235 (21 pages)

N. Klein Dispute Settlement in the UN Convention on the Law of the Sea (Cambridge University Press, 2005) section Dispute settlement through procedures other than UNCLOS (pp. 34-52) (18 pages)

B. Oxman "Complementary Agreements and Compulsory Jurisdiction"  95 (2001) American Journal of International Law, pp. 277-312 (36 pages)

T. Treves "The International Tribunal for the Law of the Sea: Applicable Law and Interpretation" in The WTO at ten: the contribution of the dispute settlement system Cambridge University Press, 2006, pages 490-500 (11 pages)

A.G. Oude Elferink "The Arctic Sunrise Incident: A Multi-faceted Law of the Sea Case with a Human Rights Dimension" 29 (2014) International Journal of Marine and Coastal Law pp. 244-289 (46 pages)

S. Scott and L. Oriana "Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) Judgment of 31 March 2014: A Decisive Victory -  but for Whom?" 29 (2014) International Journal of Marine and Coastal Law pp. 547-557 (11 pages)

A.H.A. Soons Marine scientific research and the law of the sea (Kluwer Law, 1982), Introductory remarks, section 3 (pp. 5-8) and endnotes 27-38 (pp. 274-275); Part Three, section 3.1 (pp. 118-125) and endnotes 107-140 (pp. 297-298) (12 pages)

T. Treves "Marine Scientific Research", Max Planck Encyclopedia of Public International Law, Section A (1 page)

A. Mateos and M. Gorina-Ysern "Climate Change and Guidelines for Argo Profiling Float Deployment on the High Seas", ASIL Insight, Vol. 14, Issue 8 (2010) (11 pages)

J. Kraska, G. Ortuño Crespo, D.W. Johnston "Bio-logging of marine migratory species in the law of the sea" 51 (2015) Marine Policy pp. 394-400 (7 pages)

Richard J. McLaughlin ¿Bio-logging as marine scientific research under the law of the sea: A commentary responding to James Kraska, Guillermo Ortuño Crespo, David W. Johnston, bio-logging of marine migratory species in the law of the sea¿ 60 (2015) Marine Policy pp.178-181 (4 pages).

IOC, Report of the Forty-first Session of the Executive Council Paris, 24 June-1 July 2008; section 4.2.2, paras 169-185 and Resolution EC-XLI.4 with Annex (7 pages)

N. Klein, Maritime security and the law of the sea, Oxford University Press 2011, pp. 88-117 and 122-141 (49 pages).

M. Frostad, United Nations Authorized Embargos and Maritime Interdiction: A Special Focus on Somalia, in G. Andreone (ed) The Future of the Law of the Sea: Bridging Gaps Between National, Individual and Common Interests (Springer Open, 2017) (p. 213-237) (25 pages).

W. Heintschel von Heinegg, The law of armed conflict at sea, in D. Fleck (ed.); Handbook of international humanitarian law, 3rd ed. (Oxford University Press, 2013) (pp. 463-501) (39 pages)

R.Geiss and A. Petrig, Piracy and armed robbery at sea, Oxford university press 2011, pp. 37-69  (33 pages)

D. Guilefoyle, Shipping interdiction and the law of the sea, Cambridge University Press 2009, pp. 232-262 (31 pages)

Total number of pages 593.