JUR-3623 Protection and Preservation of the Marine Environment - 15 stp

The course is part of the Joint Nordic Master´s programme in Environmental Law (NOMPEL), cf. Education plan with regulations for the Joint Nordic Master Programme in Environmental Law.

Only students admitted to the Joint Nordic Master´s programme in Environmental Law (NOMPEL) may register for this course.

The course focuses on marine environmental law and the sustainable use of living marine resources. It provides an overview of the interaction between the international law of the sea and environmental law, looking in particular at key sources of marine pollution, climate change, the protection of biodiversity in areas within and beyond national jurisdiction, and the conservation and management of marine living resources.

The course gives a general introduction to the international law of the sea with an overview of the different maritime zones, and states’ main rights and responsibilities. It provides an overview of the general duty to protect and preserve the marine environment and examines the regulation of key sources of marine pollution, including in relation to climate change. It covers the conservation and sustainable use of marine biological diversity of areas within and beyond national jurisdiction, including under the new BBNJ Agreement. It furthermore specifically examines the conservation of living marine resources, which is an element in the protection and preservation of the marine environment, and States’ rights and responsibilities to that effect.

The course takes an international law approach but uses case studies on regional implementation, providing students a special insight in the legal frameworks applicable in the North-east Atlantic/Arctic Ocean.

The course covers the following topics:

• An introduction to the international law of the sea with 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 general obligations under the UN Convention on the Law of the Sea and customary international law to protect and preserve the marine environment.
• The interaction between the law of the sea and relevant rules and principles of international environmental law.
• Global and regional legal frameworks for the conservation and management of marine living resources.
• Implementation of the legal obligations for sustainable use of living marine resources by regional fisheries bodies in the North-east Atlantic/Arctic Ocean.
• The protection of marine biodiversity in areas beyond national jurisdiction, including the new BBNJ Agreement.
• Key challenges for the protection and preservation of the marine environment, including climate change.

Knowledge:

Having passed the exam, the student shall have acquired:

• advanced knowledge of the various maritime zones and their legal status
• advanced knowledge of the international legal regime for the protection and preservation of the marine environment
• advanced knowledge of the different legal frameworks governing the conservation and management of marine living resources
• specialized insight into the protection of marine biological diversity in areas beyond national jurisdiction
• specialized insight into the regulation of marine living resources in the North-east Atlantic/Arctic Ocean

Skills:

Having passed the exam, the student is able to:

• analyse and interpret different sources of information to structure and formulate their arguments and to discuss key environmental challenges to the oceans from different perspectives
• identify and interpret the relevant sources of law for the protection and preservation of the marine environment
• identify and discuss the international and regional legal frameworks governing the conservation and management of marine living resources
• critically evaluate the shortcomings of the current legal frameworks in light of new challenges
• use relevant methods for research in an independent manner
• carry out a limited research paper in accordance with applicable norms for research ethics

General competence:

Having passed the exam, the student:

• can apply and transfer the acquired knowledge to new legal questions and scenarios
• can communicate effectively, both orally and in writing on legal questions concerning the protection of the marine environment
• knows how to engage in a scholarly legal argument both in discussions and in written form
• knows how to find relevant academic sources and engage in independent desktop research
• knows how to write a scholarly paper and complies with standards of academic integrity

This course uses interactive and dynamic teaching methods. The course will consist of both lectures and seminars comprising a total of 30 hours. Guest lectures may be included as an addition.

Students are expected to participate actively during the lectures and seminars. Students must be prepared for lectures and seminars by studying the corresponding literature of the curriculum. For seminars in particular, students are required to prepare answers to questions before class ready to discuss in the group, and can be requested to give short oral presentations on a given topic.

Students should study independently in periods when there are no lectures or seminars.