Law of the Sea

Subject 730-859 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject is not offered in 2009.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites:

A sound understanding of public international law is strongly advised.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should understand:

  • The effect of the Law of the Sea Convention and the implications for states as regards enforcement measures at sea related to the protection of territorial integrity in peacetime and ‘soft security’ threats such as environmental damage, illegal and unregulated fishing, illegal migration and piracy
  • The connection between the law of the sea and domestic law and policy
  • The structure of the various maritime zones and institutional bodies created by the Law of the Sea Convention
  • The role of maritime confidence and security measures from the perspective of the United Nations Convention on the Law of the Sea (LOSC).

Syllabus:

LOSC entered into force on 16 November 1994 and is now the principal legal regime for the regulation of maritime affairs. This subject will examine the historical background to LOSC, with a particular emphasis on issues of sovereignty and jurisdiction at sea in peacetime that impact upon national security. The issues in this subject will be examined through practical problems, existing international legal disputes and decisions of relevant international tribunals.

Principal topics will include:

  • Regional management regimes
  • Critical issues in relation to the law of the sea that confront Australia in the Asia-Pacific Region
  • The issue of rights of innocent passage through Indonesian archipelagic waters
  • Regional maritime boundaries
  • The unresolved dispute over competing claims in the South China Sea
  • Current enforcement measures at sea and their challenges to Australia’s national security
  • Naval protection of territorial integrity in peacetime
  • Responses to the ‘soft security’ threats such as environmental damage, illegal and unregulated fishing, illegal migration and piracy
  • Maritime issues affecting Australia’s foreign relations and security
  • The maritime boundary delimitation with Timor Leste
  • Disputes over whaling and southern bluefin tuna with Japan
  • Maritime interception of asylum seekers.
Assessment:
  • Examination 3 hours (100%) (17 July, pm)

    or
  • Research paper 10,000 words (100%) (27 August) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: P12.507NLawLawYNNNParkvillePARKVILLELaw of the Sea730-859200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730859Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

A student who has successfully completed this subject should understand:

  • The effect of the Law of the Sea Convention and the implications for states as regards enforcement measures at sea related to the protection of territorial integrity in peacetime and ‘soft security’ threats such as environmental damage, illegal and unregulated fishing, illegal migration and piracy
  • The connection between the law of the sea and domestic law and policy
  • The structure of the various maritime zones and institutional bodies created by the Law of the Sea Convention
  • The role of maritime confidence and security measures from the perspective of the United Nations Convention on the Law of the Sea (LOSC).

Syllabus:

LOSC entered into force on 16 November 1994 and is now the principal legal regime for the regulation of maritime affairs. This subject will examine the historical background to LOSC, with a particular emphasis on issues of sovereignty and jurisdiction at sea in peacetime that impact upon national security. The issues in this subject will be examined through practical problems, existing international legal disputes and decisions of relevant international tribunals.

Principal topics will include:

  • Regional management regimes
  • Critical issues in relation to the law of the sea that confront Australia in the Asia-Pacific Region
  • The issue of rights of innocent passage through Indonesian archipelagic waters
  • Regional maritime boundaries
  • The unresolved dispute over competing claims in the South China Sea
  • Current enforcement measures at sea and their challenges to Australia’s national security
  • Naval protection of territorial integrity in peacetime
  • Responses to the ‘soft security’ threats such as environmental damage, illegal and unregulated fishing, illegal migration and piracy
  • Maritime issues affecting Australia’s foreign relations and security
  • The maritime boundary delimitation with Timor Leste
  • Disputes over whaling and southern bluefin tuna with Japan
  • Maritime interception of asylum seekers.
  • Examination 3 hours (100%) (17 July, pm)

    or
  • Research paper 10,000 words (100%) (27 August) (topic approved by the subject coordinator)
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.

A sound understanding of public international law is strongly advised.

N.A.N.A.Law730-8592

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