International Marine Environmental Law - Note: the course is cancelled in summer 2017

Course content

This is a newly proposed course as summer course in English. At present, marine environmental protection is becoming a matter of serious concern in the international community. Thus the International Marine Environmental Law can be thought to be a timely course. Focusing on marine environmental protection, this course seeks to further examine legal issues of the International Law of the Sea.

This course will be suitable for students who wish to dwell on issues of marine environmental protection in more detail. It will also be relevant for students who wish to study marine environmental protection as part of international environmental law.

Specifically this course will address, inter alia:

(i) land-based marine pollution,

(ii) vessel-source marine pollution,

(iii) dumping,

(iv) marine pollution from seabed activities,

(v) airborn marine pollution,

(vi) protection of the marine Arctic,

(vii) impact of climate change on the oceans,

(viii) specific cases concerning conservation of marine living resources,

(ix) conservation of marine biological diversity, and

(x) the settlement of marine environmental disputes.

This course builds on knowledge obtained particularly in bachelor course of public international law. As this is a MA course, the students are required to critically analyse the above issues. While there is no requirement for students to complete other MA courses, a basic knowledge of Public International Law will be helpful to follow the course. This course will be relevant for students who are interested in environmental protection or who wish to work with maritime industry. This summer course and the course of the International Law of the Sea are mutually exclusive.

Education

Teaching summer 2017:

Week 29: Thursday and Friday 9-13 in room 8B.2.43
Week 30: Mondafy - Friday 9-13 in room 8B.2.43

Learning outcome

Knowledge: On successful completion of the course, students will be able to demonstrate a specialised academic knowledge concerning legal frameworks for regulating marine pollution, conservation of marine living resources, conservation of marine biological diversity and the settlement of marine environmental disputes.

Skills: The students will be able to critically analyse legal issues with regard to marine environmental protection, by examining rules of customary international law and relevant treaties in this field. They will also be able to identify and examine relevant cases of international courts and tribunals in English.

Competences: The students will be able to identify and advise a relevant approach to address new issues of marine environmental protection. In this regard, it is important to strike a sound balance between the requirement of marine environmental protection and the needs for exploitation of marine resources. Through the course, the students will be able to explore a legal approach that reconciles the two competing requirements.

The course is a inter-active lecture. The lecture is given on the basis of the actual or hypothetical cases. In the class, the students will be required to discuss questions in a small group. Furthermore, as part of group activity, the students will be required to participate in a ‘moot negotiation’. ‘Moot negotiation’ aims to facilitate class participation of the students. In ‘moot negotiation’, students discuss hypothetical scenario (question). The students will be divided into, for instance, three groups and they present/defend their legal position as a hypothetical member of national delegation in an international conference or negotiation table.

:Recommended literature:

Y. Tanaka, The International Law of the Sea, 2nd edition (Cambridge University Press, 2015). This is the textbook for the course. The students will be recommended to read, inter alia, Chapters 1, 7, 8, and 9 of the book, which is around 275 pages.

In addition, relevant articles, cases and other documents are to be suggested in a timely manner within the scope of 375 pages in total.

In addition, students will be suggested to read, inter alia:

• Y. Tanaka, ‘Principles of International Marine Environmental Law’ in R. Rayfuse (ed.), Research Handbook on International Marine Environmental Law (Edward Elgar, 2015), pp. 31-56.
• Y. Tanaka, “Four Models on Interaction between Global and Regional Legal Frameworks on Environmental Protection against Marine Pollution: The Case of the Marine Arctic,” Ocean Yearbook, Vol. 30, 2015, pp. 345-376 (this is an outcome of the Arctic research project of CEVIA).
• Y. Tanaka, “State Responsibility for Marine Pollution from Seabed Activities within National Jurisdiction in the Marine Arctic,” in V. Ulfbeck et al (eds.), Responsibilities and Liabilities for Commercial Activity in the Arctic: The Example of Greenland (London, Routledge, 2016) pp. 93-118 (this is an outcome of the Arctic research project of CEVIA).

Good command of English is recommendable.

ECTS
7,5 ECTS
Type of assessment
Written assignment, 1 day
Assigned written individual assignment, 1 day
Marking scale
7-point grading scale
Censorship form
No external censorship
  • Category
  • Hours
  • Seminar
  • 28
  • Preparation
  • 178,25
  • English
  • 206,25