Law of the Sea
Full course description
Oceans and seas cover 70 % of the Earth, and their governance is crucial to the world’s population. The Law of the Sea is a truly global legal system, and thus this course fits perfectly in the Globalisation and Law programme.
Humankind depends on the oceans for survival in many different ways. Oceans provide food, and provide a framework for navigation as well as trade including tourism. Oceans play an important role in economic development, and at times are key locations for international conflict (such as the South China Sea).
The course on law of the sea will focus on environmental aspects, but equally on sovereignty and jurisdiction as key concepts of international law. Also issues such as law enforcement at sea, strategic and military questions and indeed human rights concerns related to migration will be addressed.
Much about the oceans and its ecosystems and dynamics remains unknown, but the legal paradigm of the ‘freedom of the high seas’ (Grotius, Mare Liberum, 1609) raises serious concerns about the future of the oceans. The law of the sea is at a crossroads: the laissez faire approach, which has brought important benefits in commercial terms, is no longer sufficient from the point of view of sustainability and protection of the environment. Much of this will be explored in the law of the sea course.
Assessment methods
Assignment and written exam
Writing an annotation of a judgment on a contemporary Law of the Sea case in week 5 of the course (= 1/3 of the final mark)
Written examination at the end of the course (= 2/3 of the final mark)
Course objectives
Students will gain an in-depth knowledge and understanding of the Law of the Sea as the legal system governing the use of the Oceans. Taking the UN Convention on the Law of the Sea as a starting point, substantive norms as well as dispute settlement will be covered.
Towards the end, the course will focus on applying the law of the sea to contemporary problems (‘plastic soup’, migration crisis, military use of the oceans etc.). Students should be able to recognize and analyze the legal aspects in contemporary oceans’ problems and to individually formulate legally correct responses to such problems.
The examination consists of two separate parts: writing an annotation (case note) about a recent law of the sea case, and a written exam that will cover all of the law of the sea that has been covered in the course. The annotation will focus on understanding caselaw and demonstrating the insights into the law of the sea the student has gained during the course. The exam will provide the student with the possibility to demonstrate the scope and depth of the knowledge acquired.
Prerequisites
At the time of registering: be registered for the course of Public International Law.
At the time of starting the course: having successfully concluded the course of Public International Law (IER4021), and preferably also International Dispute Settlement (IER4008).
If you think you may qualify for the Law of the Sea course without having taken the Public International Law course, please contact the coordinator at Liesbeth.lijnzaad@maastrichtuniversity.nl.
Recommended reading
- The international law of the sea, Donald R. Rothwell and Tim Stephens (2nd ed., 2016 Hart publishers)