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Spring 2021
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
01-25-2021 - 04-27-2021   TR  2:00 PM-3:15 PM DL

Course Frequency
This course is usually offered once every academic year

Course Information

Credits: 3
Pass/Fail Option: Yes
Prerequisite: None
Corequisite: None
Grading: Graded
Method of Evaluation: There will be a final examination.
Graduation Requirements Fulfilled By Course:
General
Special Attributes: None
Course Delivery:
Online (all synchronous)
Special Restrictions:
Law Track(s):
Admiralty - Basic
Environment & Natural Resources - Specialized
International & Comparative Law - Specialized
Bar Subject(s): None
Concentration(s):
Environmental Law (Area of Focus)   More information
Environmental Law (Concentration)   More information
Course Book(s):
Textbook Required:
Yes  
  • Textbook Name: The International Law of the Sea
    Textbook Type: Paperback
    Requirement: Required
    Author: Donald Rothwell and Tim Stephens
    Publisher: Hart Publishing
    Edition: 2nd Edition
    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: Optional
    Author: United Nations
    Publisher: United Nations
    Edition: 1997
    ISBN: 9789211335224
      

Additional Materials:
The United Nations Convention on the Law of the Sea, the 1994 Implementation Agreement regarding Part XI of the Convention an the 1995 Implementation Agreement regarding Fish Stocks can be found on the UN website https://www.un.org/Depts/los/index.htm. Also on Blackboard and on the 1st Class Assignment.  
First Class Assignment(s):
  • Assignment: Please read the Law of the Sea General Instructions Spring 2021 and 2021 Spring Initial Assignments. Jan. 26th, OVERVIEW: THE LEGAL HISTORY AND GEOGRAPHY OF THE SEA. Jan. 28th, R&S 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. Part XI Implementation Agmt., Art. 2, para. 1 On BLACKBOARD: --UN/DOALOS Table recapitulating the status of the UN Convention on the Law of the Sea and the two implementation agreements; --U.S. Oceans Policy Statement, March 10, 1983; --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. What state is 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:
    Required Reading Material: 1) The International Law of the Sea, 2nd Edition by Donald Rothwell and Tim Stephens, Hart Publishing, ISBN: 9781782256847. 2) 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, by United Nations, ISBN: 9789211335224 (available via UN website) .
      

    Law of the Sea General Instructions Spring 2021 (Rev.).pdf
    2021 Spring LOS Initial Assignmts.pdf
    Agreement Relating to the Implementation of Part XI of the Convention.pdf
    1995 United Nations Fish Stocks Agreement.pdf
    United Nations Convention on the Law of the Sea.pdf

 
Professor(s)

OXMAN, BERNARD


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