TE PIRINGA FACULTY OF LAW
Law of the Sea 2012 Outline
1.
Identification of Paper
Paper: LAWS516-12A
This paper carries 30 points
2.
Staffing
Trevor Daya-Winterbottom Phone: 07 838 4466 x 8812
(Convenor)
Room: Law G.64
email: trevordw@waikato.ac.nz
Availability: by appointment (please email)
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
The public international law that applies to the oceans: how states establish maritime boundaries,
rights and duties that exist with regard to maritime zones, the resolution of disputes, and
problems with the creation and enforcement of international law in areas beyond national
jurisdiction.
(b) Structure of the Paper
General
This is a semester paper. The teaching component comprises taught lectures plus attendance at
class presentation sessions by students. Further details are given in the schedule of lectures.
Lectures are Wednesdays 2pm-4pm in room Law G.02.
4.
Learning outcomes
A student who has successfully completed this course will be able to:
a) Use independent research skills to locate relevant international, domestic and
comparative legal materials (e.g. multi-lateral treaties, statutes and case law).
b) Critically assess the efficiency and effectiveness of relevant international instruments, and
identify gaps in the legal framework and emerging themes.
c) Critically assess whether relevant international obligations have been given effect to by
transposition into domestic law.
5.
Workload
Students should expect to spend 300 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments and/or presentations.
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6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, Thomson Reuters (2011). This is available from Bennetts, at
an approximate price of $18.90.
In addition to the texts identified below, the Law School requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
Recommended reading:
Rothwell & Stephens The International Law of the Sea (2010) Hart Publishing.
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Graduate
and
Postgraduate
Handbook
which
is
available
from
http://www.waikato.ac.nz/law/graduate.
See also paragraph 12 below on referencing guidelines and plagiarism.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
Additional requirements:
For the research proposal and annotated bibliography the word count is 2,000-4,000 words,
including footnotes and bibliography.
For the research paper the word count is 8,000-10,000, excluding footnotes and bibliography.
b)
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Coursework: Final Examination Ratio: 100/0
c)
Assessment Components
Component
Research proposal
Research paper
Class presentation
Percentage of overall mark
10%
80%
10%
Due date
16 March
15 June
See lecture schedule
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See Te Piringa Faculty of Law Graduate and Postgraduate Handbook, available at
http://www.waikato.ac.nz/law/graduate. Where practical, it is the policy of Te Piringa Faculty of
Law to return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper’s
Moodle site (from the participants list within the People block). Alternatively, you can email them
directly at help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in assignments and presentations will be measured in terms of levels of
understanding and knowledge gained, in terms of the originality and the sophistication of analysis
provided, in terms of coherent and logical structure, and in terms of the fluency and accuracy of
expression and referencing.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
i)
Extensions
Students are required to complete and submit all internal assessment by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due in date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Graduate Programmes Manual available from the School of Law
Graduate website http://www.waikato.ac.nz/law/graduate/.) Failure to comply with
requirements as to the time deadlines for internal assessment without having successfully applied
either for an extension or special consideration with supporting evidence before the due date will
result in deduction of 2.5 marks for each day the work is late. Lateness of more than a week may
result in the work not being marked. No deadlines may be extended beyond two weeks after the
last teaching day of the semester(s) in which the paper is taught as final grades must go to the
Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may
refuse to accept a piece of work which is submitted after the specified date, and automatically
award it no mark, or may lower the mark as a penalty for lateness.
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Applications for extension, on the form obtainable from the Resource Room, must be submitted
to the Convenor of the course. Extensions will be granted only on evidence of illness, family
bereavement, or serious personal accidents or circumstances. Please note that too many
assignments due at the same time is NOT an acceptable reason, neither are claims that
computers and/or printers have crashed). Account will be taken of the time in which the student
has had to complete the assessment before the supervening event occurred. It will be important
to consider if the grant of the extension will give the student in question an unfair advantage over
other students. A maximum period of 14 days will be given as an extension unless there are
exceptional circumstances. In determining applications the Convenor or lecturer of the relevant
paper may consult with the Chief Examiner or nominee.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2012 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from the Resource Room.
iii)
Appeals (University Calendar 2012, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Director of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2012:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
Laws 437 International Law.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
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Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide.
(b)
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the copying
or paraphrasing of another person’s work in an assessment item without acknowledging it as the
other person’s work through full and accurate referencing; it applies to assessment presented
through a written, spoken, electronic, broadcasting, visual, performance or other medium.” See
section 3, Assessment Regulations (2012 Calendar)
Unless approved otherwise by the examiners of the papers concerned, a student must not submit
as assessment material that is substantially the same as material submitted as assessment for a
different paper.
(c)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Graduate and Post-Graduate Handbook and the Te Piringa Faculty of Law
Graduate Programmes Manual, available from http://www.waikato.ac.nz/law/graduate/.
13.
Health and safety
The Law School’s Health and Safety representative is Ms Alison Saunders who is in Room Law G44
at ext 4167.
14.
Class representation
At the commencement of the semester, a class representative will be elected by the students in
Law of the Sea. This representative is encouraged to communicate regularly with the Convenor.
Students in this paper are encouraged to liaise with their representative to discuss issues of
concern. Contact details for the Student Representation Coordinator, Academic Services Division,
are as follows: Samantha Whittle, Student Services, ext. 6264, CHSSG.25 email:
student.reps@waikato.ac.nz
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2012. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from the Resource
Room.
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Lecture Schedule A Semester
Week Commencing
Programme of lecture topics
5 March
History, sources of law and emerging
themes
12 March
Coastal waters, territorial sea,
continental shelf and deep seabed
EEZ,
19 March
High seas,
navigation
and
26 March
Marine resource management, scientific
research and environmental protection
2 April (6 April Good Friday)
Delimitation of maritime boundaries, and
maritime regulation and enforcement
9 April (9-10 Easter Monday and Holiday)
Teaching Recess
16 April
Teaching Recess
23 April (25 April ANZAC day)
Public holiday
30 April
Dispute settlement
7 May
Oceans governance
14 May (16 May Kingitaga Day)
Class presentations
21 May
Class presentations
28 May
Class presentations
4 June (6 June Queen’s Birthday)
No lecture
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archipelagic
states