Students
LAWS8092 – Law of the Sea
2023 – Session 2, Online-scheduled-weekday
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Constantinos Yiallourides
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|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
Admission to LLM or MIntTrdeComLaw or MSusDev or (Admission to JD and LAWS600 or LAWS8001)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
The oceans cover five-sevenths of the planet's surface and are undoubtedly one of the world's most important resources. The economic, political, strategic and social interests at play are enormous. This unit will examine the different maritime zones, address the regulation of activities undertaken in connection with the oceans, and consider how the demands of different states have impacted on this complex legal regime. |
Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- ULO1: Describe and critically analyse the role of the key actors and institutions involved in the law of the sea and the legal principles governing that maritime activity.
- ULO2: Evaluate and critique the interests of states in their decision-making in relation to maritime governance, assessing the relative strengths and weaknesses of conflicting views over ocean space and use.
- ULO3: Discuss, explain and critique in oral and written form different viewpoints on law of the sea from an international perspective.
- ULO4: Identify and analyse how the law of the sea interacts with related areas of international law such as maritime security and concepts of state sovereignty
- ULO5: Apply advanced knowledge of the 1982 United Nations Convention on the Law of the Sea and apply this knowledge in the context of the specific workings of international law, especially other relevant treaties, customary international law and methods of dispute resolution;
General Assessment Information
Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted.
This late penalty will apply to non-timed sensitive assessments (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time-sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic.
Students should be aware of and apply the University policy on academic integrity and honesty. All assessments are submitted electronically. Turnitin plagiarism detection software is used in this unit to check all written assessments.
Students should carefully check that they submit the correct file for an assessment as no re-submissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments must be appropriately referenced, applying the Australian Guide to Legal Citation (4th ed).
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Research paper | 40% | No | 20/09/2023 |
| Final time limited assessment | 40% | No | 11/11/2023 |
| Participation | 20% | No | Ongoing |
Research paper
Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 20/09/2023
Weighting: 40%
Students will be set a paper of approx 3000 words requiring independent research
On successful completion you will be able to:
- Describe and critically analyse the role of the key actors and institutions involved in the law of the sea and the legal principles governing that maritime activity.
- Evaluate and critique the interests of states in their decision-making in relation to maritime governance, assessing the relative strengths and weaknesses of conflicting views over ocean space and use.
- Discuss, explain and critique in oral and written form different viewpoints on law of the sea from an international perspective.
- Identify and analyse how the law of the sea interacts with related areas of international law such as maritime security and concepts of state sovereignty
- Apply advanced knowledge of the 1982 United Nations Convention on the Law of the Sea and apply this knowledge in the context of the specific workings of international law, especially other relevant treaties, customary international law and methods of dispute resolution;
Final time limited assessment
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 6 hours
Due: 11/11/2023
Weighting: 40%
A final time limited assessment will cover the whole of the course materials
On successful completion you will be able to:
- Describe and critically analyse the role of the key actors and institutions involved in the law of the sea and the legal principles governing that maritime activity.
- Evaluate and critique the interests of states in their decision-making in relation to maritime governance, assessing the relative strengths and weaknesses of conflicting views over ocean space and use.
- Discuss, explain and critique in oral and written form different viewpoints on law of the sea from an international perspective.
- Identify and analyse how the law of the sea interacts with related areas of international law such as maritime security and concepts of state sovereignty
- Apply advanced knowledge of the 1982 United Nations Convention on the Law of the Sea and apply this knowledge in the context of the specific workings of international law, especially other relevant treaties, customary international law and methods of dispute resolution;
Participation
Assessment Type 1: Participatory task
Indicative Time on Task 2: 24 hours
Due: Ongoing
Weighting: 20%
Students will engage in discussion and problem solving activities.
On successful completion you will be able to:
- Describe and critically analyse the role of the key actors and institutions involved in the law of the sea and the legal principles governing that maritime activity.
- Evaluate and critique the interests of states in their decision-making in relation to maritime governance, assessing the relative strengths and weaknesses of conflicting views over ocean space and use.
- Discuss, explain and critique in oral and written form different viewpoints on law of the sea from an international perspective.
- Identify and analyse how the law of the sea interacts with related areas of international law such as maritime security and concepts of state sovereignty
- Apply advanced knowledge of the 1982 United Nations Convention on the Law of the Sea and apply this knowledge in the context of the specific workings of international law, especially other relevant treaties, customary international law and methods of dispute resolution;
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
Summary
This Unit provides a comprehensive overview of the international law of the sea, encompassing the rules and principles binding States in their international relations on maritime matters. Throughout the Unit, students develop a theoretical understanding as well as practical knowledge of the relevant legal and regulatory framework. They explore the primary sources of the law of the sea, including treaties, customary law, and judicial practice. These sources are then tested in various contexts, such as protecting the marine environment, managing vulnerable species, regulating deep-sea activities, and peacefully resolving disputes between States. In doing so, students analyse real-life examples, current problems and challenges, and ongoing disputes using the general principles, rules, and procedures of international law.
Prescribed Textbook
Yoshifumi Tanaka, The International Law of the Sea (4th edition, Cambridge University Press 2023)
Taught Topics Include
- Law of the Sea: History, Sources, Key Concepts & Principles
- Internal Waters, Territorial Sea, Contiguous Zone
- Continental Shelf & Exclusive Economic Zone
- Delimitation of Maritime Boundaries
- High Seas & Deep Seabed
- Fisheries & Marine Resources Management
- Marine Scientific Research
- Marine Environmental Protection
- Dispute Settlement, Role of International Courts & Tribunals
- Climate Change in the Oceans
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Assessment Procedure
- Complaints Resolution Procedure for Students and Members of the Public
- Special Consideration Policy
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au
Academic Integrity
At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
- Workshops
- Chat with a WriteWISE peer writing leader
- Access StudyWISE
- Upload an assignment to Studiosity
- Complete the Academic Integrity Module
The Library provides online and face to face support to help you find and use relevant information resources.
Student Services and Support
Macquarie University offers a range of Student Support Services including:
- IT Support
- Accessibility and disability support with study
- Mental health support
- Safety support to respond to bullying, harassment, sexual harassment and sexual assault
- Social support including information about finances, tenancy and legal issues
- Student Advocacy provides independent advice on MQ policies, procedures, and processes
Student Enquiries
Got a question? Ask us via AskMQ, or contact Service Connect.
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Unit information based on version 2023.02 of the Handbook