International

Law of the Sea

(LAWS 2022.03)
Fall Term 2016
Course Instructor – Dr. Tony George Puthucherril

Despite being one of the oldest and most dynamic branches of international law, it is
primarily after the Second World War that we see the evolution and codification of the
modern law of the sea. In this regard, the three United Nations Conferences on the Law
of the Sea particularly, the third Conference (UNCLOS III) (1973-82) played a
significant role in codifying and building on the customary rules relating to the law of the
sea. Its primary product, the United Nations Convention on the Law of the Sea, 1982
(LOSC), is often hailed as a constitution for the oceans, due to its comprehensive nature,
laying down ground rules on almost every conceivable aspect of ocean management and
governance. However, the adoption of the LOSC was not the end goal of our ocean
management efforts; rather, in several respects, it was only the beginning of a long
process that continues to this day and will well into the future. The LOSC provides an
international legal platform where states individually and in concert can work to ensure
the implementation of its normative prescriptions to secure the sustainable development
of ocean spaces, its resources, and a sustainable blue economy.

Nearly two decades have elapsed since the LOSC came into force (16 November, 1994).
It is one of the most widely subscribed of all the international legal instruments of our
time. As of 2016, the Convention has nearly 168 parties. An interesting feature of the
Law of the sea regime is that while the LOSC continues to remain its central legal pillar,
newer global and regional legal instruments have supplemented this treaty in several
areas. These add more normative brawn to the regime. Nevertheless, in spite of all these
efforts for effective and sustainable ocean governance, oceans continue to degrade,
marine biodiversity is fast being lost, the number of disputes between states regarding
boundaries, access to resources, navigational rights and responsibilities continue to
mount, new challenges like climate change and sea level rise pose new threats to the
ocean ecosystem – all render sustainable ocean development, more and more difficult to
achieve. Such a scenario raises an important question as to whether we have, “…
achieved our fundamental objective of producing a comprehensive constitution for the
oceans which will stand the test of time” 1?

As far as Canada is concerned, even though we were one of the original signatories to the
LOSC (1982), the formal ratification of the instrument took place only in 2003.
Nevertheless, with the enactment of the Oceans Act in 1996, Canada practically took
upon itself to legislatively implement the LOSC even before the formal act of ratification.
As a country with one of the largest maritime spaces, Canada relies on the law of the sea
regime to formulate and implement its ocean management policy, a recent example being

1 Tommy T.B. Koh. President of UNCLOS III Conference “A Constitution for the Oceans” (Remarks

made on 11 December 1982 at the Final Session of the Law of the Sea Conference).
the claims submitted to the Commission on the Limits of the Continental Shelf to an
extended continental shelf in the Atlantic Ocean and in the Arctic.

It is in light of the above, that the core objectives of this course have been formulated.
Specifically, the course seeks to examine some of the current and emerging challenges
relating to the Law of the Sea and explore whether the LOSC as a legal text and the law
of the sea regime more generally is dynamic to respond to these new challenges? If not,
what needs to be done? To accomplish this objective, the course has been designed in a
manner where the initial focus is on analyzing some of the foundational concepts in the
Law of the Sea, and subsequently move on to emerging challenges like climate change,
protection of the marine environment, maritime security, and deep seabed mining. Focus
will also be placed on analyzing relevant jurisprudence.

COURSE MATERIALS
The course materials consist of a textbook and primary legal instruments. The textbook is
D. R. Rothwell & T. R. Stephens, The International Law of the Sea (Oxford & Portland,
Oregon: Hart Publishing, 2016), available for purchase from the Dalhousie Bookstore.
One copy is kept on reserve at the Law Library. Readings are assigned for each class to
serve as background for class discussions.

The course will be using the text of the United Nations Convention on the Law of the
Sea, 1982 (UNCLOS) as required reading on a regular basis. The text can be downloaded
for free from the following website:
<http://www.un.org/depts/los/index.htm>.

Students are strongly encouraged to familiarize themselves with this website and the
materials available, as they are potentially useful for research papers. The course will also
consult Canada’s Oceans Act, available for download at: <http://laws-
lois.justice.gc.ca/eng/acts/O-2.4/>. Particular seminars have additional primary materials
that need to be consulted and websites to be browsed.

Seminar slides will be posted online or emailed.

Students who wish to further deepen their knowledge of the international law of the sea
are advised to consult the following major texts:

Brown, E.D., The International Law of the Sea, 2 vols. (Aldershot, Hants; Brookfield, Ut:
Dartmouth, 1994)
Churchill, R.R. and Lowe, A.V., The Law of the Sea, 3d (Manchester: Juris Publishing,
Manchester University Press, 1999).
Centre for Ocean Law and Policy, United Nations Convention on the Law of the Sea
1982: A Commentary, multiple vols. (Dordrecht; Boston; London: Martinus Nijhoff,
1985-)
O’Connell, D.P., The International Law of the Sea, 2 vols., ed. By I.A. Shearer (Oxford:
Clarendon Press, 1984)
McDougal, M. and Burke, W., The Public Order of the Oceans: A Contemporary Law of
the Sea (New Haven: Yale University Press, 1962)
Sohn, L.B. et al., Cases and Materials on the Law of the Sea, 2d (Leiden: Brill Nijhoff,
2014)

CLASS TIMINGS AND VENUE

Wednesday, 4.35 pm -6.25 pm, Room W308, Weldon Law Building

CLASS SCHEDULE

September 7, 2016 An Introduction to the Law of the Sea

Readings:
Textbook: Ch. 1 (The History and Sources of the International Law of the Sea)

September 14, 2016 Plotting Baselines, Coastal Waters, the Territorial Sea & the
Law Relating to Contiguous Zone

Readings:
Textbook: Chs. 2 (Coastal Waters) & 3 (Territorial Sea and Contiguous Zone)

September 21, 2016 Exclusive Economic Zone

Case Study No. 1 & Discussion

Readings:
Textbook: Ch. 4. (The Exclusive Economic Zone)

September 28, 2016 Law Relating to the Continental Shelf

Case Study No. 2 & Discussion

Readings:
Textbook: Ch. 5. The Continental Shelf

5th October, 2016 High Seas & International Seabed Area

Readings:
Textbook: Chs. 6 (The Deep Seabed) & 7 (High Seas)

Case Study No. 3 & Discussion

12th October, 2016 Delimiting Maritime Boundaries

Readings:
Textbook: Ch. 16 Delimitation of Maritime Boundaries
Case Study No. 4 & Discussion

19th October, 2016 Protecting the Marine Environment

Readings:
Textbook: Ch. 15 Marine Environmental Protection
Case Study No. 5 & Discussion

26th October , 2016 Conservation of Marine Living Resources

Readings:
Textbook: Ch. 13. Marine Resource Management

2nd November, 2016 Issues Relating to Maritime Security

Readings:
Textbook: Ch. 17. Maritime Regulation and Enforcement

9th November, 2016 Understanding the Working of the Dispute Settlement

Mechanisms
Textbook: Ch. 13. Dispute Settlement in the Law of the Sea
Case Discussion – The South China Sea Dispute

16th November, 2016 Climate Change and the Law of the Sea
Reading will be posted on Brightspace

23rd November, 2016 Student Presentations

30th November, 2016 Student Presentations

CREDIT AND ASSESSMENT

3 credit major paper course, assessed as follows:
• 70% research paper
• 10% research paper proposal
• 10% presentation of research paper in class
• 10% class participation
TIMELINE:

• September: students will individually meet with the course instructor to discuss
their research topics.
• 28th September (in class): submission of a research paper proposal, consisting of:
(1) provisional title, (2) one paragraph abstract (200 words), (3) preliminary table
of contents and (4) provisional bibliography.
• 5th October (in class): the instructor will return commented and marked research
paper proposals.
• October-November: course instructor is available to discuss individual students’
research and writing under way and planned presentations.
• 23rd & 30th November: students present papers in class (schedule to be
announced). Students will have 20 minutes (max) for presentation of the research
paper in progress. Each presentation will be followed by 10 minutes of Q&A.
Students are free to use or not to use power point for their presentations.
• 16th December, morning: deadline for submission of papers for assessment
(minimum text of 25 pages, moderate margins, 1.25 line spacing). Papers must be
submitted in hard copy and electronically. Students must ensure they are dated
and time stamped. Students are required to provide an identical electronic copy of
their paper to the instructor by the due date. Extensions without the permission of
the Studies Committee will not be permitted. Please note that the School applies
penalties for late submissions.

Papers are assessed according to major paper course guidelines and criteria:
<http://www.dal.ca/academics/academic_calendars/Dentistry_Law_Medicine_Calendar_
2014_2015/Schulich_School_of_Law.html#4>). Please consult these guidelines.

STUDENT REQUESTS FOR ACCOMMODATION

Requests for special accommodation for reasons such as illness, injury or personal
circumstances will require an application to the Law School Studies Committee. Such
requests must be made to Associate Dean Michael Deturbide or Assistant Dean Elizabeth
Hughes as soon as possible, before a scheduled exam or a deadline for an assignment.
Retroactive accommodation will not be provided. Please note that individual professors
cannot entertain accommodation requests.

Students may request accommodation as a result of barriers related to disability, religious

obligation, or any characteristic under the Nova Scotia Human Rights Act. Students who
require academic accommodation for either classroom participation or the writing of tests
and exams should make their request to the Advising and Access Services Center
(AASC) prior to or at the outset of the regular academic year. Please visit
www.dal.ca/access for more information and to obtain the Request for Accommodation –
Form A. Students may also contact the Advising and Access Services Centre directly at
494-2836, or they may contact Associate Dean Michael Deturbide or Assistant Dean
Elizabeth Hughes for more information.
PLAGIARISM
All students in this course must read the University policies on plagiarism and academic
honesty referenced in the Policies and Student Resources sections of the
http://academicintegrity.dal.ca/ website, and the Law School policy on plagiarism,
available online at http://www.dal.ca/faculty/law/current-students/jd-students/academic-
regulations.html. Any paper or assignment submitted by a student at the Schulich School
of Law may be checked for originality to confirm that the student has not plagiarized
from other sources. Plagiarism is considered a serious academic offence which may lead
to loss of credit, suspension or expulsion from the law school, or even revocation of a
degree. It is essential that there be correct attribution of authorities from which facts and
opinions have been derived. Prior to submitting any paper or other assignment, students
should read and familiarize themselves with the policies referred to above and should
consult with the instructor if they have any questions. Ignorance of the policies on
plagiarism will not excuse any violation of those policies.

ASSISTANCE WITH WRITING

Dalhousie offers a number of support services that assist students in their development of
academic competencies. The Writing Centre, for instance, works to develop writing skills
that meet university expectations in one-on-one sessions, in small groups, and in classes.
Contact information:
Dalhousie Writing Centre Website: www.writingcentre.dal.ca (for appointments write to
writingcentre@dal.ca or call 494-1963)

POSSIBLE RESEARCH TOPICS

1) Vanishing Islands & the Law of the Sea

2) The Problem of Ocean Acidification
3) Recent Jurisprudence on Maritime Boundary delimitation
4) Nautilus and Deep seabed mining in PNG
5) Recycling Ships
6) Protecting Maritime Labour
7) Recent trends in the Law Relating to Piracy and Maritime Terrorism
8) Revisiting Innocent Passage in the Territorial Sea
9) Canada’s maritime boundary disputes with the United States in the Pacific
10) Legal Frameworks Relating to Offshore Renewable Energy
11) Canadian Approach to LOSC implementation
12) Canadian Federalism and Ocean Management
13) Canada as a Coastal State in the Arctic
14) Illegal, Unreported and Unregulated Fishing as a Transnational Crime
15) Carbon Dioxide Storage in the Sub-seabed
16) Regulating Greenhouse Gas Emissions from International Shipping
17) The International Tribunal for the Law of the Sea and Its Future
18) Maritime Security in a Post-9/11 world
19) Delimitation of the Continental Shelf in the Arctic Ocean
20) FAO and sustainable fisheries
21) Noise Pollution
22) Managing Biodiversity in Areas Beyond National Jurisdiction
23) LOSC and the Northwest Passage
24) Disembarkation of Persons Rescued at Sea?
25) Offshore Wind Energy: Legal challenges
26) Bioprospecting and related Legal Issues
27) Law relating to the laying and maintenance of Submarine Cables
28) International Shipping and Controlling the emission of Green house gases
29) Ships in distress
30) Nuclear powered vessels and navigational rights
31) Revisiting the Rights of Land-locked states