78008 Law of the Sea
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR (70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law OR 76110c Introduction to Public International Law)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (70106 Principles of Public International Law AND 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
The law of the sea (LOS) is one of the most diverse and interesting areas of international law. This subject examines in detail not only the status of the LOS today, but also its history and development, which can be traced back to circa 1650 and has traditionally reflected shipping and navigation interests. The LOS is now codified in the 1982 United Nations Convention on the Law of the Sea (UNCLOS), a treaty that represents one of the greatest achievements of international law-making. Students study and analyse the UNCLOS, which now contains many additional and dynamic areas of international law such as delineation of various maritime boundaries including those for archipelagic states; various sources of marine pollution including land-based sources; exploitation of valuable resources such as high seas fisheries, the minerals of the continental shelf beyond national jurisdiction and the deep seabed; marine scientific research; as well as dispute resolution.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate knowledge of the international legal system and how it regulates the relationships between nation States, including regulating all human uses of the seas; |
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| 2. | apply fundamental rules and principles of international law to select areas of the Law of the Sea; |
| 3. | appreciate how the international Law of the Sea affects domestic legal systems, in particular the Australian legal system; |
| 4. | research, read and synthesise legal information, including primary materials (treaties, UN resolutions, domestic legislation, case law) and secondary materials. |
| 5. | effectively and persuasively communicate orally and in written legal arguments. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Preparation
Students prepare for class by completing set readings ahead of each class, which will inform their contributions to class discussion, giving them a basis from which to articulate and engage with contentious issues in Law of the Sea. Preparation involves ‘active reading’ – rather than passively reviewing readings, students are encouraged to make notes from each reading summarising key points, questions and topics of controversy to raise in class. Quality and depth of preparation will be reflected in the sophistication of contributions in class and ability to adapt to the dynamic nature of class discussion.
Strategy 2: Engagement through interactive learning via class discussion
As a subject taught interactively students are provided with a framework, which is filled through lecture, class discussion, critical analysis, problem solving, and reflective evaluation. Students are expected to actively participate and engage with class discussion. This may involve responding to discussion questions, critically analysing contentious issues in Law of the Sea jurisprudence, or solving hypothetical problems as part of class discussion. Students are required to self-assess their class participation at the end of each class. Student comments will be cross-referenced by the lecturer who may agree with the student’s self-assessment and/or provide comments for future improvement in the next class. In so doing, students receive early and regular feedback on the quality of their class participation and are given opportunities to improve throughout the session.
Strategy 3: Collaborative Class Presentation
Students also work in small teams on a range of collaborative activities to help them start developing and practising their strategies and skills for collaborative work. In the first few weeks, students are allocated to teams of 2-3 students and collaboratively prepare and present a topic of Law of the Sea to their peers. This project enables students to identify and reflect upon important contemporary issues of Law of the Sea. Students will receive feedback throughout the session from their lecturer.
Strategy 4: Developing legal research skills
Legal research skills are essential for developing an understanding of how law is developed through theory and practice. By preparing for classes, participating in class discussion, and planning their research and essay, students practise and develop their legal research skills. Students are exposed to research methodology choices, as well as the importance of being able to articulate a research process. In the process of preparing for their final essay, students are required to generate a draft abstract and a bibliography that is appropriate to their chosen essay question. Students will submit this prior to submitting the final essay and the lecturer will provide feedback on the research topic, research strategy and bibliographic sources ahead of the final writing task.
Strategy 5: Feedback (including early feedback)
Regular and timely feedback is provided throughout the subject so as to ensure students maximise and improve their learning with each class.
Early feedback: This is provided from the first class via student self-assessment of their class participation, which is immediately marked by the lecturer after each class and returned to the student at the start of the next class. Lecturers may agree with student self-assessment, or disagree, providing feedback as to how a student may improve. Early feedback is also provided for the abstract students submit ahead of their research essay.
Ongoing feedback: The system of student self-assessment cross-referenced and marked after each class by lecturers provides ongoing feedback to students throughout the subject, allowing them regular opportunities to improve from class to class.
Oral case presentations: Oral case presentation provides an opportunity for feedback in a number of ways. Five students will be allocated to a topic for a twenty-minute presentation. Comprehensive feedback and integration of presentations into the themes of the subject will be provided by the lecturer.
Written feedback: Students also receive feedback on their abstracts and topic choice for their final essay. In addition, students receive written feedback on their final research essay from the lecturer.
Content (topics)
- Introduction to the Law of the Sea
- Historical development of the Law of the Sea
- Baselines & Internal Waters
- Territorial Sea and Contiguous Zone
- Straits passage
- Archipelagos
- Exclusive Economic Zone & Continental Shelf
- High Seas including piracy and terrorism
- Deep Sea mining
- Landlocked and Geographically Disadvantaged States
- Marine resource management
- Marine scientific research
- Fisheries
- Conservation of Marine Biodiversity
- Pollution
- Delimitation of Maritime Boundaries
- Military uses of the ocean
- Dispute Settlement in the Law of the Sea
Assessment
Assessment task 1: Class Participation (CP)
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 10% |
| Length: | 500 words (equivalent) |
| Criteria: |
A rubric is also available on Canvas that describes these criteria for each level of achievement. |
Assessment task 2: Class Presentation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.5.1 and LAW.6.1 |
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| Weight: | 30% |
| Length: | 1,500 words (equivalent) |
| Criteria: |
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Assessment task 3: Research Essay Draft topic and abstract
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 10% |
| Length: | 400 words plus bibliography of 4-6 references in AGLC style |
| Criteria: | Students should demonstrate an ability to:
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Assessment task 4: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
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| Weight: | 50% |
| Length: | 3,500 words (including footnotes) |
| Criteria: | Students should be able to demonstrate ability to:
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Required texts
- Donald Rothwell and Tim Stephens, The International Law of the Sea (Oxford: Hart Publishing; 2nd edition 2016)
- Students are required to purchase this textbook
- Other required readings and videos will be accessible through the Canvas site for this subject.
- During each class students should also have access to a copy of the 1982 United Nations Convention on the Law of the Sea. An electronic copy of this treaty can be accesessed at the UN web site http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf . This link is also available on the Canvas site for this subject.
- You will also need access to a copy of the Agreement implementing Part XI of UNCLOS during class. An electronic copy can be accessed at the following web site http://www.un.org/depts/los/convention_agreements/texts/unclos/closindxAgree.htm This will also be available on the Canvas site for this subject.
Recommended texts
- Donald Rothwell, Alex Oude Elferink, Karen Scott, and Tim Stephens (Eds), The Oxford Handbook of the Law of the Sea (Oxford University Press) (2017);
- Yoshifumi Tanaka, The International Law of the Sea, ((Cambridge University Press) 2015) (2nd Edition)
- Alexander Proelss, Amber Rose Maggio, Eike Blitza, and Oliver Daum (Eds), United Nations Convention on the Law of the Sea: A Commentary, (2017)