Learning Outcomes

The studies on the law of the sea are of notorious importance for Portugal, due to its history, geography and model of economic development. Thereby, this seminar aims at equipping students with specific legal expertise on the law of the sea in order to be able to deal with issues connected with the so-called economy of the sea. As such, this seminar aims at:

• Providing a comprehensive study of the rules governing maritime spaces, including an in-depth understanding of the rights and duties of States and other players;
• Providing a legal study of specific domains of the economy of the sea, including protection of the marine environment and maritime trade;
• Providing a global, transnational, comprehensive and trans-sectorial methodological framework that overcomes the traditional dichotomies (e.g. public law v. private law, international law v. domestic law).

Syllabus

I. INTRODUCTION

1. Historic Evolution; 2. Fundamental Principles and Sources; 3. Relevant Players.

II. THE TERRITORIAL TEMPTATION

1. Maritime Spaces under States' Sovereignty or Jurisdiction; 2. Maritime Spaces beyond States' Spatial Jurisdiction; 3. Maritime Boundary Demarcation; 4. Maritime Spatial Planning.

III. A SHIP-CENTRED LAW

1. Freedom of Navigation; 2. Maritime Trade.

IV. THE HUMAN FACTOR AT SEA

1. Human Rights at Sea; 2. Migration and People Smuggling and Trafficking.

V. A POST-ANTHROPOCENE CONCEPTION

1. Protection and Preservation of the Marine Environment; 2. Conservation of Living Resources and Biological Diversity.

VI. DISPUTE SETTLEMENT MECHANISMS

1. Settlement of Disputes under the LOSC; 2. The Structure of Dispute Settlement Proceedings; 3. Compulsory Proceedings.