| CODE | ERL5005 | ||||||||||||
| TITLE | Regulating Sustainable Use of the Oceans | ||||||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||||||
| MQF LEVEL | 7 | ||||||||||||
| ECTS CREDITS | 5 | ||||||||||||
| DEPARTMENT | Environmental and Resources Law | ||||||||||||
| DESCRIPTION | This study-unit relates to the international regulation of anthropogenic activities (not involving the exploitation of living resources which is tackled under another study unit) that lead to pollution and degradation of the oceans. This study-unit would address the applicable international regimes regulating: shipping, dumping, extraction of mineral resources, the transboundary movement of wastes and hazardous substances marine pollution from land based sources and unsustainable exploitation of the coast. The regulation of the Deep Sea Bed and the Common Heritage of Humankind: Part XI of the 1982 UN Convention on the Law of the Sea and the Implementation Agreement on Deep Sea Bed Mining. The governance of maritime activities via institutionalization, the role of the International Maritime Organization and the Regional Seas programmes. The International Seabed authority and global governance of the Area. The International Tribunal for the Law of the Sea and its role in ensuring the sustainable use of the ocean as a resource and a habitat. Integrated Regulation of Maritime Activities and non binding governance instruments. Study-unit Aims: The aim of the study-unit is to provide: 1. A comprehensive overview of the current status of the international law of the sea and other international legal instruments such as MARPOL, the London Dumping Convention and various Regional Seas treaties that relate to uses of the oceans beyond national jurisdiction as well as the effects, which certain land based activities have on the same; 2. An assessment of the contemporary strengths, gaps and weaknesses in the current regime; 3. An appreciation of the need for a global and regional regulatory framework to ensure good governance of common resources. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: 1. Comprehend how the regulation of the sustainable use of the oceans serves as a bench mark of good governance; 2. Recognize how the duty of States to cooperate under International law is conducive to a global legal framework for effective governance; 3. Establish how international institutions participate together with States in directing the International community to negotiate and comply with adequate regulation to ensure sustainability of the oceans as a resource and as a habitat. 2. Skills: By the end of the study-unit the student will be able to: 1. Apply legal instruments as a response to scientific information and technology as tools for good governance of the oceans; 2. Apply thematic legal principles that aim at sustainability of the oceans and good governance namely the ecosystem approach, the precautionary approach and the integrated approach in policy making and the negotiation/formulation of regulatory instruments; 3. Apply the requisite and applicable legal framework in decision making and dispute settlement. Main Text/s and any supplementary readings: United Nations Convention on the Law of the Sea (Montego Bay, 10 December 1982, entered into force 16 November 1994) 1833 UNTS 3; 21 ILM 1261 (LOSC) Birnie, P. and Boyle, A., 鈥業nternational Law and the Environment鈥�, 2nd Edition, Oxford University Press, Oxford, (2002). Churchill Robin R and Lowe Alan V, The Law of the Sea (3rd edn, Manchester University Press, Manchester, 1999). 鈥� Dupuy Rene-Jean and Vignes Daniel, A Handbook on the New Law of the Sea (Martinus Nijhoff Publishers, Dordrecht, 1991) vols 1 and 2 Freestone David, Barnes Richard and Ong David (eds), The Law of the Sea: Progress and Prospects (OUP, Oxford, 2006) 鈥� O鈥機onnell Daniel Patrick (Shearer Ivan Anthony ed), The International Law of the Sea (Clarendon Press, Oxford, 1982) vol I 鈥� O鈥機onnell Daniel Patrick (Shearer Ivan Anthony ed), The International Law of the Sea (Clarendon Press, Oxford, 1984) vol II 鈥� Attard, D.J., 鈥楾he Exclusive Economic Zone in International Law鈥�, Clarendon Press, Oxford (1987). Boyle, A. and Freestone D., 鈥業nternational Law and Sustainable Development: Past Achievements and Future Challenges鈥�, Oxford University Press, Oxford, (1999). https://www.un.org/Depts/los/ocean_compact/oceans_compact.htm |
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| STUDY-UNIT TYPE | Lecture, Seminar & Independent Study | ||||||||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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