autumn 2018

JUR-3050 General Law of the Sea - 15 stp

Sist endret: 08.02.2019

The course is administrated by

Faculty of Law

Studiested

Tromsø |

Type of course

Master level students

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

Admission requirements

Students are required to have basic knowledge of international law. Students that are not admitted to the 5 year Master of Law programme or the Master of Laws programme in Law of the Sea must contact the Faculty for information on qualifications required, and how to apply for this course.

Course contents

The course covers the following topics:

  • A general overview of the different maritime zones (internal waters, territorial sea, archipelagic waters, contiguous zone, exclusive economic zone (EEZ), continental shelf, high seas and the "Area");
  • The principles and procedures for the delimitation of overlapping maritime zones and the establishment of the outer limits of the continental shelf;
  • The substantive regimes for the uses of these maritime zones, in particular the exploitation of marine resources, navigation, marine scientific research and military uses and the appurtenant rights and obligations of coastal states and other states and the role of competent international organizations therein;
  • Attention will also be paid to the role of international dispute settlement in the law of the sea, in particular the mechanism laid down in the United Nations Convention on the Law of the Sea (LOS Convention).

Objective of the course

Knowledge: Having passed the exam, the student shall have acquired:

  • Advanced knowledge on the various maritime zones and their legal status;
  • Advanced knowledge on the rights and jurisdiction of coastal states and restrictions thereon within their maritime zones;
  • Advanced knowledge on principles for delimitation of maritime zones and delineation of the outer limits of the continental shelf;
  • Advanced knowledge on the rights and jurisdiction of states and restrictions thereon in areas beyond national jurisdiction (high seas and the “Area”);
  • Advanced knowledge on the rights and freedoms of states relating to navigation and their limitations;
  • Specialised knowledge on rights and obligations on the conservation and management of living marine resources (both commercially and non-commercially exploited species);
  • Specialised knowledge on rights and obligations (both procedural and substantive) on the protection and preservation of the marine environment under the law of the sea;
  • Specialised knowledge on the dispute settlement procedures and on the rules on marine scientific research;
  • Specialised knowledge on the legal regime for seabed and subsoil beyond national jurisdiction;
  • Knowledge on rules on military uses of the sea, the history of law of the sea and conservation of marine biological diversity

 

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 15 pages.

Date for examination

Written test 27.11.2018

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

D.R. Rothwell and T. Stephens, The International Law of the Sea, second edition (Hart Publishing, Oxford; Portland, Oregon, 2016), (608 pages).

D.R. Rothwell, Alex G. Oude Elferink, Karen N. Scott and T. Stephens, "Charting the Future for the Law of the Sea" in D.R. Rothwell, Alex G. Oude Elferink, Karen N. Scott and T. Stephens The Oxford Handbook of the Law of the Sea (Oxford University Press, Oxford, 2015), (25 pages).

E.J. Molenaar, "New Maritime Zones and the Law of the Sea", in H. Ringbom (ed.) Jurisdiction over Ships - Post-UNCLOS Developments in the Law of the Sea (Brill/Nijhoff: 2015), pp. 249-277, (28 pages).

R. Wolfrum, "Sources of International Law" in Max Planck Encyclopedia of Public International Law (May 2011) (17 pages).

UNGA Res. 72/248 of 24 December 2017, ¿International legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction¿ (4 pages).

Oceans and the Law of the sea, Report of the Secretary-General, 6 September 2017 (UN Doc. A/72/70/Add.1), (26 pages).

"A constitution for the Oceans", Remarks by Tommy Koh, President of the Third United Nations Conference on the Law of the Sea, 6-11 December 1982, (5 pages).

Total number of pages: 713