LLM-LOS: Maritime Law / Law of the Seas
The law of the sea provides for the regulation, management, and governance of ocean spaces that cover over two-thirds of the Earth’s surface. The course provides an overview of the foundational principles of the law of the sea; a critical overview of the 1982 United Nations Convention on the Law of the Sea; and an analysis of subsequent developments, including the many bilateral, regional, and global agreements that supplement the Convention. The primary textbook takes as its focus the rules and institutions established by the Law of the Sea Convention and places the achievements of the Convention in both historical and contemporary context.
All of the main areas of the law of the sea are addressed including: * the foundations and sources of the law * the nature and extent of the maritime zones * the delimitation of overlapping maritime boundaries * the place of archipelagic and other special states in the law of the sea * navigational rights and freedoms * marine resources and conservation issues, including fisheries * marine environmental protection * dispute settlement. As the Convention is now over a quarter of a century old, the book takes stock of contemporary oceans issues that are not adequately addressed by the Convention. Overarching challenges facing the law of the sea are addressed including: how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms; how declines in the health of marine ecosystems can be addressed through new and strengthened legal regimes; and how the law of the sea can regulate ocean space in the Polar regions, as global warming opens up new possibilities for resource exploitation.
– explain the specifics of the UNCLOS as a treaty regime
– apply the LOS to specific private sector activity
– understand the legal implication of maritime activity along with dispute resolution
Upon completion of this course, the student is expected to able to:
– explain the scope and application of the UNCLOS
– articulate the differences between the high seas sub-regime and other LOS sub-regimes
– describe the main actors and their roles, notably the IMO
– engage current events in the light of the knowledge base provided in the textbooks assigned for study