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The Environmental Law of the Sea

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HASO15

Sylabus

The course includes following topics:

- introduction to the law of the sea (scientific and legal context of ocean use, history of the law of the sea, the varying status of States within the law of the sea, UNCLOS and its implementing agreements),

- marine spaces under national jurisdiction (baselines, legal regime of marine spaces under national jurisdiction: internal waters, territorial sea, contiguous zone, exclusive economic zone, continental shelf),

- marine spaces beyond national jurisdiction (legal regime of the Area and the high seas),

- maritime navigation (legal regime of maritime navigation, IMO, straits used for international navigation, flags of convenience, law of salvage),

- protection of the oceans (protection of the marine environment against pollution, fishing, conservation of marine biodiversity).

Anotace

Oceans cover more than 70% of the planet's surface and represent more than 90% of the biosphere, the part of the planet where life is possible. They have always played a pivotal role in connecting nations, provide livelihoods for hundreds of millions of people and are essential to life on the planet as we know it. People have been using them since time immemorial - their waters, their bottom, their resources. During the 20th century, however, pressures on the oceans became so intense that they began to threaten the functioning of marine ecosystems.

Despite a number of international treaties that have been adopted for the fair and rational use and protection of the oceans, these threats continue to persist.

The course aims to introduce students to the importance of oceans and marine ecosystems for life on the planet and the well-being of both local communities and the international community as a whole, and to familiarize them with the basic sources of international law relevant to the protection and sustainable use of the oceans and their resources and the challenges to their proper implementation. Upon completion of the course, students will be familiar with UNCLOS as a fundamental document of the international law of the sea and the legal regimes of different marine spaces it provides for as well as with other important international oceans-related conventions adopted both at the global and the regional level. They will understand how difficult it is to ensure effective protection of the oceans, given the artificial boundaries that man has drawn in them and their international character. They will be familiar with the most important court and arbitration decisions concerning the oceans and will be able to look up relevant national legislation.

In addition to lectures by the supervisor, several hours of the course will be devoted to group work, which the students will prepare for at home. Independent work on the assigned topic will help them to acquire the required knowledge and skills and will be reflected in the course completion requirements.