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Vår 2019

JUR-3052 Protection of the Marine Environment by International Law - 15 stp


The course is administrated by

Faculty of Law

Type of course

Master level students

The course is part of the Master of Laws programme in Law of the Sea and builds on JUR-3050 General Law of the Sea and JUR-3054 General Law of the Sea II.

The course is given during the spring term.


Course contents

The course takes general principles of international environmental law as applicable in the marine context as a starting point. Permanent sovereignty over natural resources, the no-harm rule, prevention, precaution, common but differentiated responsibilities, sustainability and other concepts all play a role for enhanced protection of the marine environment although they have not specifically developed in the context of marine environmental protection. The course focuses on the international legal rules concerning the protection of the marine environment from adverse effects of different human uses and the sustainable use of marine resources. Scientific insights, new uses (e.g. geoengineering) and the dimension of overexploitation and degradation of the marine environment lead to rapid political and legal developments in this field of international law. This is reflected by the jurisprudence of international courts and tribunals. JUR-3050 General Law of the Sea already introduces some of these issues, this course deals with them more comprehensively and places them in a context that allows for an in-depth discussion of international law regulating different human uses of the oceans and their effects on the marine environment.

The course covers the following topics:


Admission requirements

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

Obligatory prerequisites:

JUR-3050 General Law of the Sea, JUR-3054 General Law of the Sea II.


Obligatory prerequisites

JUR-3050 General Law of the Sea, JUR-3051 International Ocean Governance or JUR-3050 General Law of the Sea, JUR-3054 General Law of the Sea II

Objective of the course

Knowledge:

Having passed the exam, the student shall have acquired:

Skills:

Having passed the exam the student is able to:

General competence:

Having passed the exam, the student:


Language of instruction

English

Teaching methods

This course uses interactive and dynamic teaching methods. The course will consist out of a combination of lectures, seminars, a colloquium on urisprudences with student presentations/written coursework; comprising a total of 30 hours. Guest lectures can be included as an addition.

Students are encouraged to participate actively during the lectures and seminars. Students are expected to be prepared for lectures and seminars by studying the corresponding literature of the curriculum. Students should study independently in periods when there are no lectures or seminars.


Assessment

The course is assessed through a six hours closed book written exam. The exam may include theoretical and/or scenario questions.

Students is allowed to bring into the examination room a specific treaty collection identified in advance by the Faculty of Law. The treaty collection may only contain underlining etc. in accordance with the Faculty's regulations on that matter. Students may also bring a dictionary, as long as it merely provides translations and no definitions. The Faculty must approve each students examination supports (treaty collection and dictionary) prior to the examination.

The grading scale of A to F is applied, where F constitutes fail.

Students who fail their examination are entitled to re-sit the examination, cf. Regulations for examinations at the University of Tromsø Sec.22.


Date for examination

Written test 02.05.2019

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


Recommended reading/syllabus

The students are required to buy, or otherwise have access to:

International environmental law in context:

Protection and preservation of the marine environment (overview):

Pollution of the marine environment:

Non-living resources:

Living resources:

Genetic resources and marine biodiversity in areas beyond national jurisdiction:

Climate change in the context of the marine environment:

International jurisprudence on marine environmental issues:

Total: 766 pages

Lectures Spring 2019
Lectures prof. Tore Henriksen
post.doc. Vito de Lucia
Seminars prof. Tore Henriksen
post.doc. Vito de Lucia
stip. Kristine Dalaker Kraabel
Writing course f.aman. Signe Veierud Busch