78008 Law of the Sea
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR (70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
The Law of the Sea (LOS) is one of the most diverse and interesting areas of international law. This subjects examines in detail not only the status of the LOS today, but also its history and development which can be traced back to around 1650 and which has traditionally reflected shipping and navigation interests. The LOS has today been codified and is contained in the 1982 United Nations Convention on the Law of the Sea (UNCLOS), a treaty that clearly represents one of the greatest achievements of international law making. The UNCLOS now contains many additional and dynamic areas of international law such as delineation of various maritime boundaries, including those for archipelagic states; pollution from various sources of marine pollution including land-based sources; exploitation of valuable resources such as high seas fisheries, the minerals of the continental shelf beyond national jurisdiction and of the deep seabed; marine scientific research; as well as dispute resolution.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate a basic understanding of the international legal system and how it regulates the relationships between nation States, including regulating all human uses of the seas; |
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| 2. | apply basic rules and principles of international law to select areas of the Law of the Sea; |
| 3. | appreciate how the international Law of the Sea affects domestic legal systems, in particular the Australian legal system; |
| 4. | read and understand legal information, including primary materials (treaties, UN resolutions, domestic legislation, case law) and secondary materials; |
| 5. | undertake legal research, both paper and electronic demonstrating an ability to locate, use and cite relevant reference material from both primary and secondary sources; |
| 6. | demonstrate communication skills, both written and oral; |
| 7. | demonstrate analytical, critical, and reflective learning skills; |
| 8. | demonstrate self and priority management skills and to demonstrate ability to manage independent preparation. |
Teaching and learning strategies
Strategy 1 This subject is designed differently from other elective subjects in the program. It takes an integrated based approach encouraging students to achieve the subject aims and objectives through critical analysis and reflective evaluation thereby achieving deep learning.
Strategy 2 Students must prepare for class through prescribed readings and independent learning.
Strategy 3 The basic teaching approach utilized will be small-group interactive learning. What differentiates interactive teaching from more traditional modes of teaching is that it requires one teacher to facilitate the entire learning process by interaction based on effective communication. As such the subject will employ a variety of teaching methods.
Strategy 4 As a subject taught interactively students are provided with a framework, which is filled through lecture, discussion, critical analysis, problem solving, and reflective evaluation
Strategy 5 Based on differing group and student strengths and weaknesses the forum is always flexible and adaptable while both prompting the group for information and critical thought, as well as steering it through discussion and problem solving.
Strategy 6 Researching and writing a major research essay
Content (topics)
- Introduction to the Law of the Sea
- History and Sources of the International Law of the Sea
- Coastal Waters
- Territorial Sea and Contiguous Zone
- Exclusive Economic Zone
- Continental Shelf
- Deep Seabed
- High Seas
- Archipelagic States
- International Straits and Archipelagic Navigation
- Marine Environmental Protection
- Landlocked and Geographically Disadvantaged States
- Military Uses of the Oceans
- Marine Resource Management
- Marine Scientific Research
- Delimitation of Maritime Boundaries
- Maritime Regulation and Enforcement
- Dispute Settlement in the Law of the Sea
Assessment
Assessment task 1: Class Participation (CP)
| Weight: | 10% |
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Assessment task 2: Class Presentation
| Weight: | 20% |
|---|
Assessment task 3: Research Essay
| Weight: | 70% |
|---|---|
| Length: | Research essays are not to exclude 5000 words in length, excluding footnotes and bibliography. Footnotes are to be used only for the recording of bibliogrpahic detail and are not to to contain any incidental discusssion. |
Required texts
- Rothwell DR & Stephens T, The International Law of the Sea (Oxford: Hart Publishing; 2010) - Students are to purcahse this textbook
- Palassis SN (ed), Law of the Sea (Law of the Sea Convention), Essential Materials - Students will be given copies of the Essential Materials in Class 1
Recommended texts
- Charney JI, & Alexander LM (eds), International Maritime Boundaries- Volume III, (The Hague: Kluwer Law International; 1998)
- Churchill RR & Lowe AV, The Law of the Sea (Manchester: Manchester University Press; 3rd edition; 1999)
- Harris DJ, Cases & Materials on International Law, (London; Sweet & Maxwell; 5th ed; 1998)
- Hey E, Developments in International Fisheries Law, (The Hague: Kluwer Law International; 1999)
- Molenaar EJ, Coastal State Jurisdiction Over Vessel-Source Pollution, (The Hague: Kluwer Law International; 1998)
- Nordquist MH, & Moore JN, New Institutions, Challenges & Opportunities, (The Hague: Kluwer Law International; 1999)
- Vidas D, & Ostreng W (eds), Order for the Oceans at the Turn of the Century, (The Hague: Kluwer Law International; 1999)
