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An examination of the principal instruments relating to the law of the sea with particular focus on modern ocean management techniques and current regulatory challenges such as maritime security and marine environmental protection. This course is offered in alternate years.
The oceans comprise 70 percent of our plant and provide significant food, energy, mineral, transport and other resources. Moreover, the oceans play a fundamental role in regulating our climate and are key to the survival of all species. New Zealand exercises jurisdiction over 5.7 million square kilometres of ocean (21 times the size of terrestrial New Zealand) and it is estimated that over 80 percent of New Zealand's biodiversity is located in the marine environment. The value of New Zealand's marine resources is believed to exceed those of its terrestrial resources.This course will provide an introduction to the law of the sea as codified by the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The modern law of the sea seeks to manage all aspects of oceans use (and abuse) as well as providing for mechanisms whereby zones and jurisdictional limits are established. Students will begin by examining the various maritime zones (and their appropriate resource management and jurisdictional regimes as well as issues of delimitation) before going onto focus on issues such as safety of shipping, environment protection, sustainable fishing and security. We will conclude with a brief introduction to New Zealand's maritime regime, including Māori perspectives on the law of the sea.
Knowledge: Demonstrate a basic and systematic understanding of the elementary principles, processes and institutions of the law of the sea as well as reflect on the nature of legal ‘knowledge’ and ‘norms’ in a maritime context; Critically analyse and evaluate the law of the sea within a social, political and theoretical context including the principles and values of justice within the system Relate their knowledge to current matters of international concern Demonstrate a basic and systematic understanding of the elementary principle of New Zealand’s implementation of the law of the sea within its domestic legal system. Demonstrate a conceptual understanding of the theory and practice of the law of the sea through a critical evaluation of primary materials and relevant scholarship in the field.Thinking skills: Identify and articulate legal issues, Apply legal reasoning and research to generate appropriate responses to legal issues, Engage in critical analysis and make a reasoned choice amongst alternatives, Think creatively in approaching legal issues and generating appropriate responses, Develop an ability to exercise a professional judgment.Research skills: Demonstrate intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual, legal and policy issues.Communication and collaboration: Communicate in ways that are effective, appropriate and persuasive for legal audiences.Self-management: Learn and work independently.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
(i) LAWS101 and (ii) LAWS110
LAWS362 prior to 2010, ILAP630
LAWS202-206. Students enrolled in other degrees, who do not have the above prerequisites and corequisites, but have completed appropriate courses in another discipline, may apply to the Head of Department for a waiver.
Karen Scott
Rothwell, Donald, Stephens, Tim, LL.B., M. Phil; The International Law of the Sea ; 2nd edition; Hart, 2016.
Students will be provided with a copy of 1982 UNCLOS as well as other (including excerpts of) primary and secondary materials.
Domestic fee $806.00
International fee $3,775.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .