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| Udgave: |
Jura Kandidatuddannelsen 2012/2013 |
| ECTS points: |
10 ECST = 1/6 årsværk |
| Punkter: |
10 ECST |
| Skemagruppe: |
A1 |
Semester: |
Autumn |
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Yoshifumi Tanaka |
| Andre undervisere: |
Associate Professor of Law, Dr Yoshifumi Tanaka |
| Undervisnings- periode: |
Every thursday 10-13
First day: Thursday 6. september 2012 |
| Formål: |
‘The marine environment—including the oceans and all seas and adjacent coastal areas—forms an integrated whole that is an essential component of the global life-support system and a positive asset that presents opportunities for sustainable development.’ As shown in the statement of Agenda 21, it would be no exaggeration to say that the sound marine environment provides a foundation for the all life. The proper management of the oceans necessitates rules governing various marine activities. A body of international rules that bind states in their activities concerning marine affairs is called as international law of the sea.
In light of the increasing use of the oceans, the elaboration of law of the sea is particularly important. For instance, currently there is a great need to pursue conservation policies in order to prevent depletion of marine living resources because these resources are an important source of protein in a situation of food shortage at the global level. As contaminations in coastal waters may pose serious risks to marine ecosystems and human health, arguably the protection of the marine environment is of central importance for the survival of coastal populations. Further to this, law of the sea is an inseparable part of public international law in general. Hence, law of the sea will provide useful insights into the study of various fields of international law, including sources of the law, state jurisdiction, environmental protection and peaceful settlement of international disputes, etc.
Against that background, this course aims to provide a broad knowledge of the international law of the sea focusing on the 1982 United Nations Convention on the Law of the Sea.
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| Indhold: |
The course is divided into three principal parts:
The first part will discuss the development of international law of the sea. Main focus will be on the codification of the law.
The second part of the course seeks to provide systematic knowledge on each jurisdictional zone in the oceans. To this end, this part will examine: internal waters, territorial sea, archipelagic waters, international straits, contiguous zone, continental shelf, exclusive economic zone, high seas, and the Area. Maritime delimitations should also be discussed.
The third part will address various issues arising from human use of the oceans, such as the conservation of marine living resources and marine biological diversity, the protection of the marine environment, the conduct of marine scientific research, marine security, and peaceful settlement of international disputes relating to marine affairs. In so doing, this part of the course purports to provide students with a thorough legal understanding with regard to use of the oceans.
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| Kompetence- beskrivelse: |
In order to be given the mark 12, the student must be able to:
● Present and explain the theoretical and practical problems of the course subject
● Identify all relevant legal issues
● Identify all relevant treaties, customary law, general principle of law, and international decisions
●Analyse relevant issues within the course subject based on various relevant and professional approaches
● Make a critical weighting of the relevant arguments and make a reasoned choice in relation to theoretical and practical solutions
● Structure the work so that statements, arguments and conclusions flow coherently and logically
●Put into perspective the specific issues of the course subject in a way that shows that she/he has a professional breadth of view in relation to and knowledge about the course subject
● Propose an appropriate synthesis and conclusion with respect to facts, issues, law and solutions
● Conduct a thorough and planned library research
● Demonstrate the ability to do research independently and autonomously
●Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent.
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| Eksamensform: |
Written homework assignment with deadline (essay)
Essay assignment of the number of 23000 characters, which is equivalent to approximately 4500 words in English. The essay topics will be suggested approximately 5-6 weeks before the deadline. |
| Eksamen: |
17. - 21. December 2012 (preliminary dates) |
| Kursus hjemmeside: |
 |
| Pensum: |
You will be advised to choose one of the textbooks indicated below:
●Y. Tanaka, The International Law of the Sea (Cambridge, Cambridge University Press 2012),
● D. Rothwell and T. Stephens, The International Law of the Sea (Oxford, Hart Publishing 2010),
●R.R.Churchill and A.V. Lowe, The Law of the Sea, 3rd edition (Manchester, Manchester University Press, 1999).
● The 1982 United Convention on the Law of the Sea (the text of the Convention is available online:(http://www.un.org/Depts/los/index.htm)
The text is also reproduced in M.D. Evans, Blackstone’s International Law Documents, 10th edition, Oxford, Oxford University Press, 2011.)
Total required reading is approximately 550 pages.
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| Undervisnings- sprog: |
Kun engelsk
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| Sidst redigeret: |
2/5-2012 |