University of Miami School of Law Course Description - Online System
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Spring 2019
LAW318  A  LAW OF THE SEA

Course Description
The sea covers two-thirds of our planet. Who owns it? Who may use it? Who may extract its resources? Who has the duty to protect it? What is the impact of global warming and rising sea levels? This course examines the history and content of the international law of the sea, and the policies that inform it. We will consider the use of the sea for security, economic, and other purposes, including navigation, overflight, telecommunications, fishing, oil and gas extraction, hard mineral mining, research, intelligence, treasure hunting, migration, smuggling, piracy, terrorism, and law enforcement. In doing so, we will focus on how jurisdiction and control over these activities is allocated among the nations of the world individually and collectively, on the substantive and geographic limits on such jurisdiction and control, on the powers and functions of regional and global international organizations with respect to regulation of activities at sea, and on the duties that accompany the rights of states to use and regulate the use of the sea, notably the duties to protect human life, safety, and the marine environment, to have due regard to the interests of other nations in the use of the sea, to respect human rights, and to settle international disputes peacefully.

Course Schedule
Dates Day Time Room
01-15-2019 - 04-23-2019   TR  2:00 PM-3:20 PM A216B

Course Frequency
This course is usually offered once every academic year

Course Information

Credits: 3
Pass/Fail Option: Yes
Prerequisite: International Law is recommended but not required.
Grading: Graded
Method of Evaluation: There will be a final examination. Students may make arrangements with the instructor to do a research paper for an additional credit.
Graduation Requirements Fulfilled By Course:
General
Special Attributes: None
Special Restrictions:
Law Track(s):
Admiralty - Basic
Environment & Natural Resources - Specialized
International & Comparative Law - Specialized
Bar Subject(s): None
Concentration(s): None
Course Book(s):
Textbook Required:
Yes  
  • Textbook Name: The International Law of the Sea
    Textbook Type: Paperback
    Requirement: Required
    Author: Rothwell; Stephens
    Publisher: Hart Publishing
    Edition: Second
    ISBN: 9781782256847
      
  • Textbook Name: The Law of the Sea United Nations Convention on the Law of the Sea with Index and Final Act of the Third United Nations Conference on the Law of the Sea
    Textbook Type: Paperback
    Requirement: Required
    Author: United Nations
    Publisher: United Nations
    Edition: 1997
    ISBN: 9789211335224
      

Additional Materials:
Additional Materials will be submitted on TWEN  
First Class Assignment(s):
  • Assignment: The following is the combined reading assignment for both of the first two classes, namely those on Tuesday, Jan. 15 and Thursday, Jan. 17. Rothwell & Stephens, pp. 1-29 and drawing facing p.1. UNCLOS, Preamble, Art. 1, para. 1(1)-(3) & para. 2, Arts. 2-5, 8(1), 33(2), 46, 47(1), 48, 49, 55-58, 76(1)-(3), 77, 78, 84, 86, 87, 89, 134-137, 192, 305-310. Pt. XI Imp. Agmt, Art. 2, para. 1. Online: --UN/DOALOS Table recapitulating the status of the UN Convention on the Law of the Sea and the two implementation agreements as of 31 March 2018 http://www.un.org/depts/los/reference_files/status2018.pdf On TWEN: --U.S. Oceans Policy Statement, March 10, 1983; --Oxman, The New Law of the Sea; --Oxman, The United Nations & the Law of the Sea; --peruse Report of the Senate Foreign Relations Committee (excerpts), Mar. 11, 2004. Familiarize yourself with the following web sites: UN, including DOALOS; ICJ; ITLOS; PCA; CLCS; IMO. Questions: 1. What is the total number of “States Parties” to the UN Convention on the Law of the Sea as defined in Art. 1, para. 2 thereof? To the Implementation Agreement regarding Part XI? To the Implementation Agreement regarding fish stocks? 2. Which states are party only to the last of the three treaties referred to in the previous question? 3. Which of the “States Parties” to the UN Convention on the Law of the Sea, as defined in Art. 1, para. 2 thereof, is not a state?

    Material:
    Donald R. Rothwell & Tim Stephens, The International Law of the Sea (2d. ed. 2016) United Nations Convention on the Law of the Sea (UNCLOS) Agreement on the Implementation of Part XI of UNCLOS (Pt. XI Imp. Agmt)

    Additional Information:
    Be sure to register on TWEN for additional course materials and/or handouts
      

    2019 Spring Initial Assmt LOS.docx
    2019 Spring LOS Assignmts.docx
    INSTRUCT - General Info.doc

 
Professor(s)

OXMAN, BERNARD


Biography
Contact Information:
Email: bhoxman@law.miami.edu
Phone: (305)284-2293
Office: G464