589 Oceans Law & Policy (Jefferies) - Spring intensive

Prerequisite courses: N/A

Prerequisite for: N/A

Instructor: Professor Cameron Jefferies

Course credit: 3

Term: Spring 2022

Maximum enrollment: 10

Method of presentation: Seminar and Field School

METHOD OF EVALUATION

· 20% Participation (marked on a pass/fail basis)

· 80% Research paper (topic to be selected, with my approval, during our time at the Bamfield Marine Sciences Centre). This paper will be 6,000 words in length with additional details provided before the course commences.

COURSE DESCRIPTION

The world’s oceans cover more than 70% of the planet and are essential for moving goods and information, military security, life-sustaining biological processes, recreation, and scientific research. Canada borders three oceans and has the longest coastline of any State. Unsurprisingly, Canada has a vested interest in the ordered development and sustainable utilization of the oceans.

The law of the sea (LOS) includes the body of laws (both customary and treaty-based) that govern our many uses of the ocean. The LOS strives for peaceful dispute resolution and operates to balance competing uses of the ocean whilst simultaneously protecting it against over-exploitation. Chief among these legal instruments is the United Nations Convention on the Law of the Sea (‘UNCLOS’), which was negotiated by more than 160 States during the third international conference on the law of the sea between 1972-1982. UNCLOS opened for signature in 1982 and entered into force in 1994. Canada signed UNCLOS in 1982 but did not ratify it until 2003. UNCLOS is appropriately described as a ‘Constitution for the Oceans’ since it comprehensively articulates legal regimes and rights and responsibilities for States Parties. Presently, 35 years removed from its conclusion, the world is confronted by a new set of challenges that test UNCLOS’ ability to maintain legal order in the oceans.

This course will introduce students to the fundamentals of the law of the sea, with particular attention being paid to past and present issues that are important to Canada—including an understanding of how UNCLOS has been implemented domestically. The first portion of the course consists of assigned readings that are to be completed in advance of going to the Bamfield Marine Sciences Centre. The second portion of the course will take place on Vancouver Island, B.C. at the Bamfield Marine Sciences Centre (see: http://www.bamfieldmsc.com), which is Canada’s premiere marine biology research station. There, we will participate in the Centre’s Field Trip programme, which offers exposure to the intersection of law and science. Anticipated activities include: visiting a Marine Protected Area; viewing species at risk; learning some basics about marine sciences (in both the lab and field settings); participating in a temperate rain forest ecology walk.

METHOD OF SELECTION

This course is open to 10 law students who are in their second year (or not final year) of studies during the 2021-2022 academic year. While there is no formal pre-requisite for this course, preference will be allocated to students that are currently or have already completed Public International Law, Environmental Law or another international law course, or that have a relevant background.

Participants will be selected based on the following:

1) A written application that includes a 1-page Statement of Interest and transcript. The Statement of Interest is your opportunity to demonstrate your interest in (and suitability for) the course. Your written application will be due March 18th (emailed to cameronj@ualberta.ca); and

2) Successful applicants will be notified by March 28^th.

As mentioned above, this Spring semester will be offered partially at the University of Alberta Faculty of Law and partially at the Bamfield Marine Sciences Centre on Vancouver Island. The breakdown is as follows:

1) Pre-field trip readings and a pre-departure orientation:

Week 1 – May 16-20

2) Attendance at the Bamfield Marine Sciences Centre:

Week 2 – May 23-27

*Note: students will be required to fund their travel to and from Bamfield and will also be expected to cover costs of accommodation and food while at the station. With respect to the latter, there are student accommodations and a cafeteria at the Centre, which are very reasonably priced.

REQUIRED TEXTS

Yoshifumi Tanaka, The International Law of the Sea, 3^rd ed. (2019, Cambridge University Press)

The United Nations Convention on the Law of the Sea (treaty text)