Module overview
Hardly any other principle of international maritime law is so universally recognised as the freedom of navigation, and particularly navigation iure communicationis. Therefore, incidents involving the exercise of traditional passages or emerging navigational practices attract worldwide attention as they always embroil vexing questions over conflicting national and international interests regarding navigational freedoms, on the one hand, and the increasingly prescriptive and enforcement regulation by coastal, port and other States, on the other hand. This novel module is designed to offer you a sound knowledge of the evolving law of navigation, including international waterways, through an advanced syllabus that examines the historical legal principles & rules of navigation law, and nautical customs, in the context of the contemporary shipping standards, and critically assesses national legislation in the light of the expanding corpus of case-law that ranges from high doctrinal considerations over navigational freedoms and practices down to the practical issues of damages award and remedies.
Aims and Objectives
Learning Outcomes
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- The evolving practices that feature in the exercise of navigational freedoms within international/ national waters, and international waterways.
- The historical legal principles, nautical customs, current rules and major technical standards that compose the law applicable on international navigation.
- The development and content of navigation law, in considering – among other factors – also commercial policy considerations, and the challenges that ships may encounter while at the high seas, within waters of coastal sovereignty or specialised jurisdiction, and in special navigation regions.
- The framework for the exercise of prescriptive and enforcement jurisdiction on ships/vessels.
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- Think critically, develop coherent arguments in writing.
- Identify and analyse key issues.
- Display clarity and objectivity in written discussion demonstrating an awareness of issue of academic integrity.
- Distinguish relevant from irrelevant materials.
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- Identify and explain the internationally accepted navigational passage regimes and historically established navigational customs.
- Analyse relevant legal materials /primary and secondary sources, including international treaties and case-law, as well as public statutory requirements enacted in leading national maritime jurisdictions, and shipping industry-developed standards, with regards to safe, friendly to the environment, and secure navigation/access to ports, with emphasis upon the documentary and certificated endorsements.
- Locate and analyse relevant primary and secondary sources, regarding the establishment of prescriptive and enforcement jurisdictional grounds on ships, and the available scope/procedures for inspection and interdiction at sea.
Syllabus
The module covers long standing as well as very recent law in relation to navigation, pilotage, routing and traffic management of vessels in all coastal zones and in special geographic areas, eg., the Arctic, or High Risk Areas, eg. piracy, war and sanctions zones.
Thus, the selection of topics is annually updated and informed by the ongoing developments and challenges in navigational law and shipping legislation. The syllabus content includes the following thematic units:
* The contemporary legal order and the ‘freedom of navigation’ principle;
* Nationality of ships;
*Passage regimes; Pilotage and navigation in Special and Particularly Sensitive Sea Areas;
* Ships ‘in distress’ and ‘in need of assistance’;
* Shipping-related matters relevant to navigation in polar waters;
* Ship-to-ship activities within coastal maritime zones;
* Navigation in ‘high risk areas’ and unlawful acts against the safety of navigation;
* The doctrine of ‘hot pursuit’ and interdiction of ships;
* Detention and prompt release of vessel/crew.
Learning and Teaching
Teaching and learning methods
The module is, in the first place, taught through a combination of recorded lectures or seminars, course handouts and PowerPoint presentations, in parallel with the on-campus programme. This material will guide your independent study based on reading lists of primary and secondary sources. The combination of recorded and written material will help you to develop your skills of analysis of relevant legal materials, the identification of key legal and policy questions, and the appraisal of available solutions. As an online student, your learning will be further supported through additional learning tools, which may include:
Short-answer questionnaires
Multiple choice questionnaires
Online discussion groups
Peer-to-peer group work
Question-based reading tasks
Two or three small group live sessions
Through your written work, including the formative and summative assessments, you will be able to develop the ability to communicate, with clarity and objectivity, arguments concerning the application of legal principles to real-life scenarios as well as practise your critical appraisal skills.
Type | Hours |
---|---|
Blended Learning | 20 |
Independent Study | 130 |
Total study time | 150 |
Resources & Reading list
Textbooks
Y. Tanaka (2019). The International Law of the Sea. Cambridge: Cambridge University Press.
A.V Lowe – S. Talmon (Eds) (2009). The Legal Order of the Oceans, Basic Documents on the Law of the Sea. Oxford: Hart Publishing.
L.B. Sohn, et al. (2014). Cases and Materials on the Law of the Sea. Leiden and Boston: Brill.
D. Attard, et al. ( 2016). The IMLI Manual on International Maritime Law. Oxford: Oxford University Press.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Essay or problem question
- Assessment Type: Formative
- Feedback: You will receive feedback in accordance with the applicable Law School Rules and via the Law School Feedback sheets, through comments written on the formative work, and orally in a class discussion of the formative work.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
Method | Percentage contribution |
---|---|
Open Book Exam | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
Method | Percentage contribution |
---|---|
Open Book Exam | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
Method | Percentage contribution |
---|---|
Open Book Exam | 100% |
Repeat Information
Repeat type: Internal & External