The George Washington University
Elliott School of International Affairs
IAFF 3190, Section 11
International Oceans Policy
Instructor: Colin Helmer
Office: 1957 E Street NW, Room 604E
Office Hours: Tu & Th 8:15-9:15
Email: CHelmer@GWU. EDU
Classes will be held Tuesdays & Thursdays at 9:35-10:50 AM, 1957 E Street, Room 314
Course Description
IAFF 3190 International Oceans Policy explores the legal, institutional and other factors that shape national and international policies in the world’s oceans. The most significant of these is the UN Law of the Sea Convention (LOSC). The first third of the course will review how the convention draws boundaries between sovereign and non-sovereign areas in the sea; and how it balances the interests of state control over coastal waters with the demands of maritime powers for freedom of action. Later units of the course will cover topical issues such as national security, economic exploitation, and environmental protection in the oceans. While exploring these topics, the course will touch on basic concepts of international law necessary to understand the development and implementation of the international oceans regime.
Learning Outcomes
· Students will understand how the international oceans regime balances the interests of sovereign states for control of their coastal waters against the demands of maritime powers for freedom of action in the seas.
· Students will know how the UN Law of the Sea Convention (LOSC) defines sovereign and non-sovereign marine spaces; and how this shapes national and international policymaking.
· Students will be familiar with current security challenges in the oceans (such as territorial disputes and piracy) and how governments are responding to them.
· Students will know the laws and institutions that govern maritime, economic and research activities in the oceans; and the laws and institutions regarding environmental protection.
· Students will know basic concepts of international law necessary to understand the development and implementation of the international oceans regime.
Note
Students who have taken IAFF 3190 International Environmental Policy will find some of the material in this course repetitive. Roughly a quarter of the two courses covers the same set of environmental issues.
Grading
30% - Midterm Exam
30% - Negotiating Exercise
30% - Final Exam
10% - Class Participation
· The two exams will be standard in class (blue book) tests. Exam responses will be graded on the quality of critical thinking, as well as factual accuracy and detail.
· The negotiating exercise will be a group project. It will consist of a written paper, a formal oral presentation and a structured debate. (See description of classes 25-26 below.)
· Class participation will be assessed based on contributions to class discussions and related factors (e.g., attention to assigned reading).
Late Work: Late work will be assigned a penalty of three grade points for each day past the due date. Due dates for all assignments will be announced in class and posted in the calendar on Blackboard.
Attendance: Frequent absences or tardiness will be reflected in the class participation component of your grade. Please inform the instructor in advance if you have a planned absence, such as for a job interview or a religious holiday.
Courtesy: Students should exhibit respect for and courtesy to other members of the class at all times. Inadequate respect for the rights and views of others will be reflected in your grade.
Academic Integrity
Academic dishonesty in any form will be considered grounds for a failing grade. Students are expected to apply all elements of the George Washington University Code of Academic Integrity in their course work. The complete code can be found at: http://www.gwu.edu/integrity/code.html
Reading
The course has one required textbook:
The International Law of the Sea, by Yoshifumi Tanaka, Cambridge University Press (2012)
It is a legal textbook and students should be aware that it is a difficult book to read and understand. In addition, there will be a significant amount of reading outside the text. This material will be made available on Blackboard.
Security
In the event of an emergency, University policy encourages classes to shelter in place, if possible. If an evacuation is necessary, the class will exit the building via the closest stairwell. We will regroup across E Street, in the vicinity of the playground.
University Resources
University administration encourages students to be aware of the following support services:
DISABILITY SUPPORT SERVICES (DSS)
Any student who may need an accommodation based on the potential impact of a disability should contact the Disability Support Services office at 202-994-8250 in the Marvin Center, Suite 242, to establish eligibility and to coordinate reasonable accommodations. For additional information please refer to: http://gwired.gwu.edu/dss/.
UNIVERSITY COUNSELING CENTER (UCC)
The University Counseling Center (UCC) offers 24/7 assistance and referral to address students' personal, social, career, and study skills problems. Their phone number is 202-994-5300. Services for students include: crisis and emergency mental health consultations; confidential assessment, counseling services (individual and small group), and referrals.
Course Schedule
Class 1 Introduction No Reading
This lecture will provide an overview of the course and the assignments. It also will include a brief discussion of the historical challenges Iceland had to overcome in protecting and managing its fisheries resources as an example of the type of issues we will cover in the class.
Class 2 Origins of the Law of the Sea Reading on Blackboard; Tanaka pp. 3-38
This lecture will review the historical development of the law of the sea, from Hugo Grotius’s fundamental work, Mare Liberum, to the Third UN Convention on the Law of the Sea (UNCLOS III). It also will consider why sovereign states choose to obey international law, even though there is no global authority to enforce the law.
Class 3 Boundaries in the Seas: Baselines Tanaka pp. 43-73
The UN Law of the Sea Convention (LOSC) establishes the average “low water line along the coast” as the baseline for determining sovereign and non-sovereign boundaries in the seas. Application of this seemingly simple concept is complicated by real world geography; and the fact that LOSC makes self-interested states responsible for drawing their own baselines. This lecture will review the rules for drawing baselines and how some states have attempted to use them to expand the area they control in the seas.
Class 4 Boundaries in the Seas: Sovereign Spaces Reading on Blackboard; Tanaka pp. 76-108; 116-18
This class will start by examining the international legal concept of sovereignty. It will review the LOSC rules for defining territorial waters and other sovereign spaces in the seas; and the counterbalancing right of innocent passage and other rights vessels and aircraft enjoy in sovereign marine spaces. The two sets of rights represent a fundamental compromise in the LOSC between state control over coastal waters and the demands of maritime powers for freedom of action.
Class 5 Boundaries in the Seas: Non-Sovereign Spaces Tanaka pp. 108-132; 146-47
This class will review the LOSC rules for archipelagic waters; a special regime that accommodates the needs of island states and another significant compromise reached in the UNCLOS III negotiations. It also will cover the contiguous zone and the exclusive economic zone (EEZ). States exercise a measure of control over these areas, but do not have sovereignty.
Class 6 Boundaries in the Seas: The Continental Shelf and the High Seas Tanaka pp. 132-84
This class will review the LOSC rules for the last marine spaces. States enjoy economic rights in their continental shelf. Beyond the shelf lies the high seas, where no state rules; but where the International Seabed Authority manages the economic resources of the sea floor – known in the LOSC as “The Area” – for the benefit of all countries. This class also will cover the LOSC provisions regarding “flagging” of vessels.
Class 7 Boundaries in the Seas: Delimitation Tanaka pp. 186-215
In the context of the LOSC, delimitation is the act of drawing boundaries between countries. The rules for drawing boundaries in the seas are complicated when one country is involved, but can become contentious when countries seek to define their boundaries with their neighbors. This class will examine the LOSC rules for delimitation and how they have been interpreted in by international legal authorities, in particular the International Court of Justice (ICJ).
Class 8 Dispute Settlement Tanaka pp. 390-421
Given the contentious history of the law of the sea, it is not surprising that the LOSC contains detailed provisions for dispute settlement. It created a new body, the International Tribunal for the Law of the Sea (ITLS) and two different arbitration panels; and also allowed states to take their cases to the International Court of Justice (ICJ). This class will review dispute settlement under the LOSC and discuss some representative cases.
Class 9 The South China Sea Reading on Blackboard
The South China Sea is one of the most contentious areas on the planet. Seven different countries claim portions of the sea; and the competition between the claimants sometimes has led to conflict. This class will examine the positions of the different parties to the dispute; and the factors behind the intense competition for control of this area.
Class 10 Japan’s Marine Boundaries Reading on Blackboard
Japan has several long-running disputes with its neighbors over its marine boundaries. Japan’s claim to the Senkaku/Diaoyu Islands is disputed by China. Japan claims Takeshima/Dokdo Island, which is occupied by South Korea. Japan also claims some of the Kuril Islands, which were occupied by Russia after WWII. A guest lecturer will explain Japan’s policy toward its territorial disputes with China, Korea and Russia.
Class 11 U.S. Policy; Landlocked States Reading on Blackboard; Tanaka pp. 376-388
Several coastal states are not parties to the LOSC, most notably the United States. This class will review their situation and consider whether the U.S. should become a party to the convention. This class also will cover the LOSC provisions regarding landlocked states.
Class 12 Military Activities Reading on Blackboard; Tanaka pp. 353-354; pp. 361-373
This class will review the LOSC provisions regarding military activities; and national and regional initiatives to control military activities, such as the South Pacific Nuclear Free Zone. It also will introduce the U.S. Navy’s “Freedom of Movement” program; and discuss one of the most famous confrontations under that program, when U.S. military forces challenged Libya’s “Line of Death.”
Classes 13 U.S. Navy Policy Reading on Blackboard
A guest instructor from GW’s Navy Reserve ROTC Program will review the U.S. Navy’s policies regarding the law of the sea; and discuss his experience with the Freedom of Movement program.
Class 14 Interdiction Reading on Blackboard
The sea provides a transportation route for a range of illegal activities. Maritime powers go to great efforts to block the smuggling of weapons, narcotics and other contraband; and to halt illegal immigration. This class will cover the LOSC provisions regarding interdiction at sea; and national and international efforts to thwart illegal activities. In particular, it will review international efforts to block North Korea’s smuggling of weapons and other contraband.
Class 15 Midterm Exam
This class period will be used for the midterm exam.
Class 16 State of the Ocean Environment Reading on Blackboard
This class will review the current state of the oceanic environment. It will cover the latest scientific findings on issues such as ocean acidification, ocean warming, and fisheries depletion; and provide a base of knowledge for discussing environmental policy in the seas.
Class 17 Whaling Reading on Blackboard
The negotiating exercise in classes 25-26 will focus on the issue of whaling. This class will introduce the topic and review the international regime that manages the whaling industry. It also will explain the exercise, the roles that students will play and the work they will be required to submit.
Class 18 Fisheries Reading on Blackboard; Tanaka pp. 219-251
Fisheries represent one of the most valuable – and most over-exploited – resources in the seas. This class will review the international and regional agreements responsible for managing the world’s fish stocks. It will take an in-depth look at the EU Common Fisheries Policy as an example of the challenges of fisheries management.
Class 19 Biodiversity and Marine Pollution Reading on Blackboard; Tanaka pp. 253-276; pp. 312-333
Protecting marine biodiversity is a significant challenge. This class will review national and international efforts to create marine preserves and other policy tools used to protect living marine resources. It also will cover the issue of marine pollution.
Class 20 Piracy Reading on Blackboard; Tanaka pp. 354-361
Piracy is a threat to maritime traffic in some parts of the world, such as the Horn of Africa and the Straits of Malacca. This class will review the LOSC provisions on piracy and international efforts to coordinate responses to this scourge
Class 21 Admiralty Law and Shipping Reading on Blackboard
Admiralty Law is a distinct body of law that covers shipping and other aspects of commerce on the seas. In addition, elements of trade law, such as the WTO Shipbuilding Agreement, address specific aspects of maritime commerce. This class will review these international legal regimes, as well as a new effort to prevent commerce from being used for terrorism: the Container Security Initiative.
Class 22 The IMO: Safety at Sea Reading on Blackboard
Established in 1948, the International Maritime Organization (IMO) promotes the safety and security of international shipping and seeks to prevent marine pollution from ships. This class will examine the IMO and review the safety part of its mission, in particular its work to implement the Safety of Life at Sea (SOLAS) agreement.
Class 23 The IMO: Environmental Protection Reading on Blackboard; Tanaka pp. 276-308
The IMO carries out its responsibilities for preventing pollution from shipping under the authority of three international conventions: the MARPOL Convention, the London Protocol on Dumping at Sea and the Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC). This class will review the substance and implementation of these three agreements.
DUE BEFORE CLASS 24: written position statements on whaling from each country team. The chair of the negotiation (course instructor) will circulate these statements to all parties prior to the start of the negotiations.