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Course

Law of the Sea - LAWS8086

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200 or 9210 or 5740 or 9230 or 9240 or 5760 or 9281 or 5281 or 9220 or 5750 or 8619 or 5499 or 7339.

Excluded: JURD7586

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The Law of the Sea is that body of international law which regulates the activities of States in their international relations concerning maritime matters. It is one of the most dynamic and important areas of international law, and is of particular importance to Australia, which possesses one of the largest maritime areas on earth. This course aims to examine the current legal regime governing ocean uses. The course will examine the major maritime zones recognised in international law and the rules relating to the various uses of the seas including fishing, shipping and navigation, scientific research and mining. It will examine the way in which disputes over conflicting uses of the seas arise and the manner in which they are handled and will look at the interrelationship between the public international law of the sea and municipal law with particular reference to matters of importance to Australia.

This course is also available to students enrolled in the Master of Environmental Management (8619), Graduate Diploma in Environmental Management (5499) and the Graduate Certificate in Environmental Management (7339).

This course is also available to students undertaking relevant postgraduate non-law degree programs at UNSW, provided such enrolment is approved by the appropriate non-law Faculty.


LLM Specialisation

Recommended Prior Knowledge

None, but LAWS8180 Principles of International Law or equivalent is a recommended pre- or co-requisite.

Course Objectives

The objective is to provide students with a broad but thorough knowledge of the law of the sea with particular focus on understanding the nature and ramifications of the various regimes established by the 1982 United Nations Convention on the Law of the Sea and its implementing agreements. The specific aims of this course are:
  • To examine and analyse the main legal concepts and principles of the international legal regime governing the use of the oceans, the sea-bed and the subsoil thereof
  • To assist students to develop an understanding of the issues involved in the regulation and sustainable use of ocean spaces, particularly in areas beyond national jurisdiction
  • To develop an awareness of the different methods of the law of the sea as compared to national law in such matters as formulation and enforcement of the law and dispute resolution
  • To assist students to develop advanced research skills in the law of the sea
  • To assist students to recognise international law of the sea problems in their subsequent careers and to point them in the direction of ways of resolving them

Main Topics

1. The History of the Law of the Sea

2. Defining and Regulating Ocean Spaces
  • Baselines and Internal Waters
  • The Territorial Sea
  • The Exclusive Economic Zone
  • The High Seas
  • The International Sea Bed Area
3. Maritime Boundary Delimitation

4. Regulating Ocean Spaces
  • Nationality of Ships
  • Proscribed Activities
  • Navigation
  • Fishing
  • Protection of the Marine Environment
  • Marine Scientific Research

Assessment

Class participation 10%
Class presentation of seminar topic 20%
Research essay 70%
 

Course Texts

Prescribed
  • Rothwell & Stephens, The International Law of the Sea (1st Edition), Hart Publishing (2010);
  • The 1982 United Nations Convention on the Law of the Sea and its implementing agreements of 1994 and 1995.
Recommended
None
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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