Jur.fak. - Spesialfag

Examination semester: Spring and autumn
Work load: 15 credits
Language of Instruction: English
Assessment Method: One written home exam (5 days) and one oral exam.
Level of course: Graduate level.

Person with academic responsibility: Associate Professor Dr. Juris Tore Henriksen

Timeschedule autumn 2007

Lectures Autumn 07

Seminar material

Exam Autumn 2007:
Home exam:

The paper is handed out Monday the 29th of October and must be delivered Friday the 2nd of November by 1500 hours.

Oral exam for those who passes the written examination: Wednesday 12th of December.

Exam autumsemester 2007

Attachment - exam autumsemester 2007

Exam springsemester 2007

Exam autumnsemester 2006

Previous exams

Introduction

The importance of the seas and oceans to humankind is often underestimated. They cover around 70 % of the earth’s surface and recent research suggests that biological diversity in the marine environment may be far greater than on land. The marine environment is also enormously important to the global economy. It contains a wide range of valuable living and non-living resources, both in the water column and on or under the seabed. Up until now, the focus has largely been on quantitative exploitation of these resources, but there is currently a growing interest by especially pharmaceutical companies in so-called marine bioprospecting. Moreover, since hundreds if not thousand of years, domestic and international trade has relied on maritime shipping as the main mode of transport. The international community’s interest therein is reflected in the continued and widespread support for the notion of the freedom of the high seas. This notion became the cornerstone of the international law of the sea and played a crucial role in the progressive development of general international law as well.

After the Second World War, the changing needs and interests of the international community required a fundamental reform of the international law of the sea. Three diplomatic conferences were necessary before the United Nations Convention on the Law of the Sea (LOS Convention) could be adopted in 1982. Widely regarded as the Constitution for the Oceans, the LOS Convention establishes a global legal framework for the regulation of all human uses of the oceans and distributes marine resources among States. Among other things, it recognizes sovereign rights of States over resources in coastal waters and declares the deep seabed beyond national jurisdiction and its resources as the common heritage of mankind. The Constitution was never intended to be a static instrument, however. Various processes ensure that it is continuously adapted to address new developments and the changing needs and interests of the international community, whether deep-sea fishing, bioprospecting or greater concern for loss of marine biodiversity.

Target groups

The target audience for the course are students at the masters level, in particular those doing the Master’s degree (LLM) in Law of the Sea.

Admission requirements

Admission to the course requires a BA degree or equivalent in law or political science, with knowledge of the basics of general international law and international politics.

Objective

The objective of the course is to provide students with a high level of knowledge of and insight in the elements of the course (se below) and thereby enable them to carry out independent and critical assessments of topical legal questions.

Content

The course consists of five elements. First, a general overview of maritime zones, namely internal waters, archipelagic waters, the territorial sea, the contiguous zone, the exclusive economic zone (EEZ), the continental shelf, the high seas and the Area. Second, the delimitation of maritime zones and the establishment of the outer limits of the continental shelf. Particular attention will here be paid to relevant jurisprudence of the international courts and tribunals as well as the competence, procedures and practice of the Commission on the Limits of the Continental Shelf established by the LOS Convention. Third, the balance between the rights, obligations and interests of coastal States, flag States and the international community in the various maritime zones. For example, the rights and freedoms of navigation vis-à-vis the competence of coastal States to prescribe and enforce rules for the purpose of the protection and preservation of the marine environment as well as the rights and obligations of States with respect to transboundary fish stocks. Fourth, the exploration and exploitation of resources and the preservation of marine biodiversity in global commons – also called areas beyond national jurisdiction – namely the high seas and the Area. Fifth, the role of international dispute settlement procedures, in particular the innovatory dispute settlement mechanism in Part XV of the LOS Convention.

Form of teaching

The course will be given in form of lectures and seminars, with a cumulative duration of about 30 hours.

Work load

15 credits (ECTS)

Exam and assessment

The assessment methods are home examination (5 days) and one oral exam.

A preliminary exam result based on the written paper will be passed or failed. On condition that the preliminary exam is passed, an oral exam will be held. A final grade will be given for the written and oral exams combined. The exam in the special subjects is held at the end of the semester. The Faculty determines the rules regarding implementation of the exam.

Language of instruction

English

Course materials

R.R Churchill and A. V. Lowe, The law of the Sea (Manchester, Manchester University Press: 3rd ed., 1999)

Birnie, P. og Boyle A. International Law & the Environment, A. 2nd edition, Oxford University Press, 2002, kapitel 11 Conservation of Nature, Ecosystems and Biodiversity: Principles and Problems, s.545-598.