INTERNATIONAL LAW OF THE SEA:
International Law of the Sea
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International Law of the Sea
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 86141
ECTS: 4.0
Course coordinators: prof. dr. sc. Maja Seršić
doc. dr. sc. Trpimir Mihael Šošić
Basic data
International Law of the Sea Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 86141
Lecturer in charge Consultations Location
prof. dr. sc. Maja Seršić

Tuesdays, at 10:30 am

Ćirilometodska 4, room 19
doc. dr. sc. Trpimir Mihael Šošić

Tuesdays, at 4 pm

Ćirilometodska 4, room Ćirilometodska 4, soba 18
Literature
R.R. Churchill, V.A. Lowe; The Law of the Sea; Juris Publishing, Manchester (1999)
J. Harrison; Making the Law of the Sea; Cambridge University Press (2011)
J. Barrett, R. Barnes (eds.); Law of the Sea: UNCLOS as a Living Treaty; British Institute of International and Comparative Law, London (2016)
D. Freestone, R. Barnes, D. Ong (eds.); The Law of the Sea: Progress and Prospects; Oxford University Press (2006)
T. Scovazzi; "The Evolution of International Law of the Sea: New Issues, New Challenges", in: Recueil des cours de l Academie de droit international de La Haye, Vol. 286; (2000)
B. Vukas; The Law of the Sea: Selected Writings; Martinus Nijhoff Publishers, Leiden (2004)
Description
Introduction and general issues: the concept of the International Law of the Sea; historical development; sources of the law of the sea.
Legal regimes of different parts of the sea, the seabed and its subsoil: internal waters; territorial sea; archipelagic waters; contiguous zone; exclusive economic zone; continental shelf; highs seas; International Seabed Area; delimitation of maritime areas; specific and unresolved issues (Arctic, Antarctic, enclosed and semi-enclosed seas).
Exploration, exploitation and uses of the sea: navigation (in different maritime zones, straits and canals); fisheries (United Nations Convention on the Law of the Sea, regional agreements, Adriatic Sea); mineral resource exploitation in the seabed (in maritime areas within national jurisdiction, deep seabed mining according to the UN Convention on the Law of the Sea); marine scientific research; development and transfer of marine technology; status of land-locked and geographically disadvantaged states.
Protection and preservation of the marine environment: general law (basic principles, sources of pollution, adoption and enforcement of national and international rules); protection of regional seas (especially the Barcelona Convention on the Protection of the Mediterranean with additional protocols); protection of the Adriatic Sea.
Peace-time military activities at sea: the UN Convention on the Law of the Sea and peace-time military activities; treaty-based limitations on military activities at sea.
Dispute settlement in the field of the international law of the sea: general international law; Geneva Conventions, 1958; regional arrangements; dispute settlement mechanism of the UN Convention on the Law of the Sea.
Exam dates
Detailed data
Cognitive Skills:

Knowledge and understanding
Upon completion of the course students should be able to:
- identify the sources of the international law of the sea, in particular the legal rules as codified in the 1982 United Nations Convention on the Law of the Sea;
- define the legal concepts in the field of the international law of the sea;
- explain various legal regimes in the field of the international law of the sea, and realise that they are interrelated and systemically embedded into general public international law.

Application
Upon completion of the course students should be able to:
- classify and describe the legal concepts in the field of the international law of the sea, in particular with respect to the legal regimes applicable in the various maritime zones;
- apply norms of the international law of the sea to specific cases from state practice;
- illustrate the significance of the law of the sea, as a subsystem of international law, for the stability of the international order and the enhancement of the cooperation between states and other international legal subjects, notably with respect to possible uses of the sea.

Analysis
Upon completion of the course students should be able to:
- analyse the norm creation process in the field of the law of the sea with respect to the jurisdiction of states over maritime spaces and the various uses of the sea;
- differentiate the legal concepts in the field of the law of the sea, in particular with respect to the defined legal regimes of the various maritime zones, and to compare the scope of the respective legal norms taking into account characteristics of each maritime zone;
- categorise the international legal norms which regulate the jurisdiction of states in respect of the sea and the various uses of the sea;
- examine the application of international legal norms in the field of the law of the sea to specific examples from state practice.

Synthesis
Upon completion of the course students should be able to:
- construe the interrelation between the various legal concepts in the subsystem of the law of the sea and their systemic embeddedness into public international law as a whole;
- formulate conclusions regarding the significance of the law of the sea as a normative subsystem regulating the relations between the subjects of the modern world order.

Evaluation
Upon completion of the course students should be able to:
- evaluate the importance of the international law of the sea for the stability of the world order;
- appreciate the specific features of the legal concepts in the field of the law of the sea as a subsystem within public international law;
- assess the effectiveness of international legal norms in the field of the law of the sea.

Practical and Generic Skills:

Upon completion of the course students should acquire the necessary competencies that will enable them to analyse to properly evaluate the international legal rules regulating the jurisdiction of states with respect to the sea and the uses of the sea. Students should also be able to solve problems related to the law of the sea by applying the relevant legal norms. The skills acquired upon completion of the course will enable the students to recognise and make use of international documents relevant for solving problems related to law of the sea issues (treaties, notably the 1982 UN Convention on the Law of the Sea; judicial and arbitral decisions, resolutions; etc.).

Matching Assessments to Learning Outcomes:

The knowledge of the course subject is evaluated on the basis of an oral examination.
The oral examination, which is compulsory for all students, is aimed at verifying the students’ understanding of the sources of the international law of the sea, in particular the UN Convention on the Law of the Sea, and of the legal concepts and regimes in the field of the law of the sea. The students are expected to show that they are able to connect and compare the relevant legal rules and legal concepts, especially with respect to the legal regimes applicable in the various maritime zones. They should also be able to evaluate the applicability of international legal norms in the field of the law of the sea to examples from contemporary state practice.

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