BEXP 12A07 - Introduction to Law of the Sea

The law of the sea constitutes a branch of international law as old as international law itself. Mankind’s reliance on the ocean and the seas has increased the will to control those spaces as much as the awareness to protect them. The United Nations Convention on the Law of the Sea (UNCLOS) can be considered as the “Constitution of the sea” and remains one of the most successful instruments of international law.

From scarcity of resources to territorial tensions and international maritime trade or global warming, the ocean represents the mirror of our societies. New challenges have emerged over the last decades. In order to respond to those challenges, additional tools and legal instruments have been adopted and ratified, making the law of the sea a complex field to explore. This course aims to have a better understanding of the main issues concerning the governance of the seas and the ocean, from the legal instrument themselves to their concrete implementations. Case studies will offer an opportunity to deepen some topics or discover some specific regional issues.

At the end of the course, the student is expected to :

1°) have a better understanding of the maritime world (actors, construction & development, organization and upcoming challenges)

2°) acquire strong knowledge regarding principles and mechanisms of the law of the sea based on the study of the main conventions currently in force as well as a practical approach arising from their concrete enforcements by States and private actors of the maritime world. 3°) develop a critical mind throughout the issues raised during the courses as well as through an essay on one specific topic chosen by the student

To validate the course, the student is expected to pass the following assignments :

1°) a written essay (40%) : each student will have to write a short essay (4 pages) on a subject of their choice.

2°) an oral presentation (40%) : each session will start with a presentation of 15/20 min which could be done alone or in pairs. Its goal will be to introduce the session’s main subject through a specific issue or case study. A list of subjects and case study will be proposed to the students during the first session but they will also be free to suggest topics of their own interest.

3°) general participation (20%) : active participation in class and during the simulation on international negotiations on climate change and law of the sea during the last session.