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Course, academic year 2024/2025
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Environmental Law of the Sea - HASO15
Title: The Environmental Law of the Sea
Guaranteed by: International Office (22-ZO)
Faculty: Faculty of Law
Actual: from 2024
Semester: winter
Points: 0
E-Credits: 5
Examination process: winter s.:written
Hours per week, examination: winter s.:2/0, Ex [HT]
4EU+: no
Virtual mobility / capacity: no
Key competences:  
State of the course: taught
Language: English
Teaching methods: full-time
Level:  
Note: course can be enrolled in outside the study plan
enabled for web enrollment
Guarantor: JUDr. Karolina Žákovská, Ph.D.
Teacher(s): JUDr. Karolina Žákovská, Ph.D.
Annotation -
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 bottoms, their sources. During the 20th century, however,
pressures on the oceans and their resources became so intense that they began to threaten the survival of the
highly productive 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 to 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. They will not become experts in the law of the sea, but they will
understand the importance of the oceans for both coastal and landlocked states and the importance of
international law and its proper implementation for their protection.
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.
Last update: Sojka Miroslav, Mgr. (13.09.2023)
Requirements to the exam -

1. Two activities will be assessed to complete the course: group work in class and a final test. A total of 100 points can be obtained in the course for both activities.

2. Group work in class will take place a total of three times on three different topics. Students will work in groups of 3-5 people (depending on the total number of students in class), ideally from at least two different countries. They will prepare the assignment at home and present and discuss it with other students in class. Up to 20 points can be obtained for each group work, for a total of 60 points for the three group works.

3. The final test will be written at the end of the course, two dates will be offered (in the second half of December and in January). The test will consist of 10 open-ended questions related to the basic issues discussed during the course. Students will be not allowed to use any materials when writing the test. A maximum of 40 points can be obtained for the test.

4. To pass the course, at least 70 points must be obtained in the group work and the final test combined. The final grade will correspond to the number of points obtained.

Last update: Sojka Miroslav, Mgr. (15.09.2023)
Syllabus -

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).

Last update: Sojka Miroslav, Mgr. (13.09.2023)
Learning resources -
Basic literature:
1. CHURCHILL, Robin, VAUGHAN, Lowe and Amy SANDER. The Law of the Sea. Fourth edition. Manchester University Press, 2022. 968 p. ISBN 978-0-7190-7968-9.

2. TANAKA, Yoshifumi. The International Law of the Sea. Third edition. Cambridge University Press, 2019. 584 p. ISBN 978-1-1084-4010-3.

Further literature and other materials:
1. BORG, Simone, ATTARD, Felicity G. and Patricia M. VELLA DE FREMEAUX (eds.), Research Handbook on Ocean Governance Law. Edward Elgar Publishing, 2023. 486 p. ISBN 978-1-83910-768-9.

2. ZAKOVSKA, Karolina. La protection de la biodiversité marine en droit international: à la recherche d´un cadre d´harmonisation d´une réglementation disparate. UK, Právnická fakulta, 2019. 407 p. ISBN 978-80-87975-93-0

3. Materials, including relevant international treaties and agreements and relevant court and arbitration decisions, provided by the course supervisor via the Moodle platform

Last update: Sojka Miroslav, Mgr. (13.09.2023)
Entry requirements - Czech

Students are recommended to have passed a general course of Public International Law at any university.

Last update: Sojka Miroslav, Mgr. (13.09.2023)
 
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