Study-Unit Description

Study-Unit Description


CODE ERL5003

 
TITLE The Contemporary Definition of Ocean Governance

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT Environmental and Resources Law

 
DESCRIPTION In this study-unit ocean governance is defined as the sustainable management of ocean services and resources in the context of human interaction with the ocean. This iteration is traced from its early history and the evolution of rules and laws that culminated in the adoption of UNCLOS/the constitution of the oceans. The study unit aims to give an understanding of that in its legal, economic social and political implications; to develop an understanding of the role of international institutions in all dimensions of the governance architecture; and to identify the current governance deficit in light of the new and emerging challenges.

Study-unit Aims:

1) Familiarise students with the early history and the evolution of rules and laws that culminated in the adoption of UNCLOS/the constitution of the oceans;

2) Provide an understanding of the phases of that interaction in its legal, economic social and political implications traversing "mare clausum", "mare liberum" to the principle of Common Heritage and the changing governance paradigm of the ocean post-UNCLOS;

3) Develop an understanding of the role of international institutions in all dimensions of the governance architecture from legislation to implementation, compliance, enforcement to jurisdiction and control and finally;

4) Identify the current governance deficit in light of the new and emerging challenges;

5) Develop an understanding the impact of the current governance architecture and its deficits on the health and sustainability of the ocean.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

1) Describe the Law of the Sea and Principles of Ocean Governance; UNCLOS; the concept of the Common Heritage of Mankind;
2) Describe the major international and regional marine instruments and structures;
3) Comprehend the linkages between ocean governance and sustainable and equitable human resource use, application of the principle of the common heritage of humankind, the needs of future generations;
4) Identify priority issues in the current governance scenario;
5) Discuss ongoing political efforts towards ocean governance;
6) Identify trends and future challenges in the global and regional scenarios.

2. Skills:
By the end of the study-unit the student will be able to:

1) Outline the historical and political processes giving rise to the current governance scenarios including their legal, economic, social and political dimensions;
2) Describe over-arching ocean governance issues including, including preliminarily, the maritime areas of jurisdiction and control in preparation for further development of the themes within this unit;
3) Identify and describe lacunae in the design and effectiveness of the current global ocean governance architecture;
4) Demonstrate a working knowledge of the international institutions in ocean governance.

Main Text/s and any supplementary readings:

Primary Texts
• Freestone David, Barnes Richard and Ong David (eds), The Law of the Sea: Progress and Prospects (OUP, Oxford, 2006)
• 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)
• Attard, D.J., ‘The Exclusive Economic Zone in International Law’, Clarendon Press, Oxford (1987).

Secondary texts
• O’Connell Daniel Patrick (Shearer Ivan Anthony ed), The International Law of the Sea (Clarendon Press, Oxford, 1982) vol I
• O’Connell Daniel Patrick (Shearer Ivan Anthony ed), The International Law of the Sea (Clarendon Press, Oxford, 1984) vol II
• Birnie, P. and Boyle, A., ‘International Law and the Environment’, 2nd Edition, Oxford University Press, Oxford, (2002)
• https://www.un.org/Depts/los/ocean_compact/oceans_compact.htm

 
STUDY-UNIT TYPE Lecture, Seminar & Independent Study

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Presentation Yes 25%
Assignment Yes 75%

 
LECTURER/S

 

 
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.

https://www.um.edu.mt/course/studyunit