LW622-7-SP-CO:
International Law of the Sea
2023/24
Essex Law School
Colchester Campus
Spring
Postgraduate: Level 7
ReassessmentOnly
Monday 15 January 2024
Friday 22 March 2024
15
27 May 2022
Requisites for this module
(none)
(none)
(none)
(none)
(none)
This module provides a comprehensive overview to the international legal framework applicable to the sea.
Historically, the seas have always played an important role in the interests of States, e.g. exploration, navigation and trade, as well as the exploitation of resources. The delicate balance between the principles of sovereignty and freedom of the high seas is placed alongside the need for the conservation and sustainable use of marine biological diversity, raising tensions and fundamentally important questions of international law. This module offers students the opportunity to engage with the most cutting-edge developments in international law, as well as to understand the rich history that has shaped the international law of the sea.
The module commences by demonstrating how the codification of the international law of the sea has been characterized by the differing interests of States, trying to achieve a sensitive balance between State sovereignty and the freedom of the high seas -- as evidenced by the United Nations Convention on the Law of the Sea "UNCLOS" (1982). The module will then examine how UNCLOS governs different sea zones, starting from the rights and obligations of coastal States in relation to the territorial seas, contiguous zones and exclusive economic zone. The special regime of the continental shelf will also be addressed in light of the rights and powers of coastal States, e.g. exploitation of resources, as well as the rights and interests of third States and the international community, e.g. marine scientific research and protection of the marine environment. The module then moves beyond national jurisdiction by delving into the legal regime of the high seas, dealing with freedom of fishing and navigation, and with the rules permitting ships to visit and search other ships (shipping interdiction). The regime of the International Seabed Area will also be examined.
Then, the module will consider States' rights, duties and obligations in relation to the conservation of marine living resources, as well as the conservation of marine biological diversity, before drawing to light the ongoing negotiations at the UN in relation to a legally binding instrument on the conservation of marine biological diversity beyond national jurisdiction. Finally, this module will expose students to the approach of international courts and tribunals to maritime delimitation claims between States. Students will learn about the voluntary and compulsory mechanisms available to States for disputes on the law of the sea.
The aims of this module are fivefold. First, this module aims to introduce students to legal framework under international law that pertains to the rights and obligations of States in relation to their various uses of the sea, and the mechanisms in place that allow States to settle their disputes on the law of the sea peacefully.
Secondly, students will become highly familiar with the underlying principles of the law of the sea: the principles of sovereignty, common heritage of mankind and the freedom of the high seas. This will enable a better understanding of the tensions between these principles when applied to specific areas of the law of the sea, such as the conservation of marine living resources and the conservation of marine biological diversity.
Thirdly, students may further advance their legal skills by applying their knowledge of general public international law principles such as customary international law, the law of treaties, jurisdiction, and sovereignty to the specialist international law regime of the law of the sea.
Fourthly, students will develop their legal skills in relation to reading and analysing case law in the context of inter-State disputes relating to the law of the sea.
Lastly, students will be exposed to cutting-edge developments in international law, such as recent and landmark judgments by international courts and tribunals relating to the law of the sea, and ongoing negotiations by States at the UN.
1. Demonstrate an understanding of the historical development of the law of the sea from the League of Nations to the United Nations and how this is relevant to today’s contemporary law of the sea.
2. Demonstrate a comprehensive understanding of the United Nations Convention on the Law of the Sea (1982), and the significance of this treaty.
3. Demonstrate a comprehensive understanding of how customary international law and UNCLOS apply to different maritime jurisdictional zones.
4. Demonstrate a comprehensive understanding of the key principles of the international law of the sea: principle of Sovereignty, freedom of the high seas, and common heritage of mankind.
5. Demonstrate an understanding of how international courts and tribunals approach maritime delimitation.
6. Demonstrate an understanding of the mechanisms available for the peaceful settlement of disputes between States on the law of the sea.
7. Further develop existing knowledge of general public international law by applying it to the international law of the sea.
8. Further enhance legal skills in reading and analysing treaties and case law.
9. Identify, select and organise relevant material to produce coherent and logical arguments.
Indicative Syllabus
1. Introduction, Codification of the Law of the Sea and the 1982 UN Convention on the Law of the Sea.
2. The legal framework of zones under national jurisdiction: territorial sea; contiguous zone; exclusive economic zone.
3. The Continental Shelf: legal status and limits
4. The High Seas
5. The International Seabed Area
6. Conservation of marine living resources
7. Conservation of marine biological diversity
8. Maritime Delimitation
9. Dispute settlement in the international law of the sea
This module will be taught via weekly 2-hour seminars.
The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's
reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Meagan Wong, email: meagan.wong@essex.ac.uk.
Dr Meagan Wong & Dr Antonio Coco
lawpgtadmin@essex.ac.uk
No
No
No
Dr Titilayo Adebola
University of Aberdeen
Lecturer in Law
Available via Moodle
No lecture recording information available for this module.
Essex Law School
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