| CODE | INL5014 | ||||||
| TITLE | International Law of the Sea | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | International Law | ||||||
| DESCRIPTION | This study-unit constitutes a core element of the MA in Ocean Governance programme. Its contents form the underlying basis of any discussion in ocean governance as it deals primarily with the Constitution for the Oceans: the 1982 UN Convention on the Law of the Sea. The study-unit commences with an introduction to the general rules and principles of international law. This will equip students with the knowledge to better understand the law of the sea, which is a specialized branch of international law regulating ocean spaces, uses and users. Topics covered include the nature and sources of international law, subjects of international law, jurisdictional principles and dispute settlement. The study-unit examines the history of the law of the sea, focusing on its evolution from pre-UN developments to the present day. It covers baselines as a prelude to the analysis of the various maritime zones and consequent jurisdictional capacities of coastal and other States. Thus, the regimes of the internal waters, territorial sea, contiguous zone, EEZ and high seas are examined, together with a discussion of the continental shelf and the deep seabed. Study-unit Aims: The aim of the study-unit is to provide a comprehensive grounding of the current status of the international law of the sea, to relate issues in the law of the sea to general international law and further issues such as environment and maritime security and to highlight attendant contemporary gaps and weaknesses in the current regime. Learning Outcomes: 1. Knowledge & Understanding By the end of the study-unit the student will be able to: 1.Comprehend the various jurisdictional powers of States in particular maritime zones; 2. Demonstrate a critical understanding of the international legal framework and of the extent it has evolved to meet current exigencies. 2. Skills By the end of the study-unit the student will be able to: 1. Be conversant with the contemporary legal issues relating to the law of the sea; 2. Highlight underlying problems in the law of the sea. Main Text/s and any supplementary readings: - James Crawford (ed), Brownlie’s Principles of Public International Law (8th edn, Oxford University Press 2012) - Malcolm Shaw, International Law (7th edn, Cambridge University Press 2014) - Malcolm Evans, International Law (4th edn, Oxford University Press 2014) - Robin Churchill and Vaughn Lowe, The Law of the Sea (3rd edn, Manchester University Press 1999) - Yoshifumi Tanaka, The International Law of the Sea (2nd edn, Cambridge University Press 2015) - James Harrison, Making the law of the sea: a study in the development of international law (Cambridge University Press 2011) - David J. Attard and others (eds), The IMLI Manual on International Maritime Law Volume I - The Law of the Sea (Oxford University Press 2014) - Donald Rothwell and others (eds), The Oxford Handbook of the Law of the Sea(Oxford University Press 2015) - Donald Rothwell and Tim Stephens, The International Law of the Sea (2nd edn, Hart 2016) - Alexander Prölss (ed), The United Nations Convention on the Law of the Sea: A Commentary (CH Beck, Hart, Nomos 2017) Supplementary Readings: - Jill Barrett and Richard Barnes (eds), Law of the Sea: UNCLOS as a living treaty (British Institute of International and Comparative Law 2016) - Rene-Jean Dupuy and Daniel Vignes, A Handbook on the New Law of the Sea (Martinus Nijhoff Publishers 1991) Vols 1 and 2 Main International Instruments: - United Nations Convention on the Law of the Sea (Montego Bay, 10 December 1982, entered into force 16 November 1994) 1833 UNTS 3; 21 ILM 1261 (LOSC) - Convention on the High Seas (Geneva, 29 April 1958, entered into force 30 September 1962) 13 UST 2312; 450 UNTS 11 (HSC) - Convention on the Territorial Sea and the Contiguous Zone (Geneva, 29 April 1958, entered into force 10 September 1964) 15 UST 1606; 516 UNTS 205 (TSC). |
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| STUDY-UNIT TYPE | Lecture, Seminar & Independent Study | ||||||
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| LECTURER/S | Christopher Attard Felicity Attard Simone Borg Antoine Grima David Testa Patricia Vella de Fremeaux |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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