Law of the Sea

Apply the rules for determining normal and straight baselines under UNCLOS.

Analyze the jurisprudence of the ICJ on straight baselines, beginning with the Anglo-Norwegian Fisheries case.

Determine the appropriate baselines for river mouths, bays, and low-tide elevations.

Explain the legal status of internal waters and the principles governing access to ports.

Analyze the scope and limits of port State jurisdiction as an enforcement mechanism.

Define an island versus a rock under Article 121 and analyze its impact on generating maritime zones, referencing the South China Sea Arbitration.

Define the legal status of the territorial sea and the right of innocent passage under UNCLOS.

Identify activities that render passage non-innocent (Article 19) and the coastal State's regulatory powers.

Explain the transit passage regime in international straits and distinguish it from innocent passage.

Analyze the rights and duties of user States and States bordering straits during transit passage.

Define an archipelagic State and the criteria for drawing archipelagic baselines.

Explain the right of archipelagic sea lanes passage and its relation to other navigational regimes.

Explain the 'sui generis' legal character of the EEZ.

Delineate the sovereign rights and jurisdiction of the coastal State in the EEZ (Article 56).

Distinguish the freedoms of other States in the EEZ from the freedoms of the high seas.

Analyze the 'due regard' obligation and its role in balancing rights between coastal and other States.

Evaluate the legal arguments concerning military activities within the EEZ of another State.

Explain the coastal State's sovereign rights over living resources in the EEZ and the corresponding duty to conserve and manage.

Distinguish between the geological and juridical concepts of the continental shelf under Article 76.

Identify the sovereign rights of the coastal State over the continental shelf and its resources, including sedentary species.

Explain the criteria and process for establishing the outer limits of the continental shelf beyond 200 nautical miles.

Describe the functions of the Commission on the Limits of the Continental Shelf (CLCS) and the legal effect of its recommendations.

Differentiate the legal regime of the continental shelf from that of the overlying waters of the EEZ and high seas.

Contrast the 'equidistance/special circumstances' rule with the 'equitable principles/relevant circumstances' approach.

Apply the three-stage delimitation methodology established by the ICJ and ITLOS (e.g., Black Sea case).

Identify relevant circumstances that may justify adjusting a provisional equidistance line in a delimitation case.

Analyze the legal effect of islands, coastlines, and proportionality in maritime boundary delimitation jurisprudence.

Examine the legal framework for delimiting a single maritime boundary for the EEZ and continental shelf.

Trace the application of the three-stage methodology in a landmark case, such as Peru v. Chile or Bangladesh/Myanmar.

Analyze the framework for the conservation of living resources on the high seas under UNCLOS.

Explain the legal regime of the UN Fish Stocks Agreement for straddling and highly migratory fish stocks.

Describe the role and legal authority of Regional Fisheries Management Organizations (RFMOs).

Analyze the international legal and policy tools for combating Illegal, Unreported, and Unregulated (IUU) fishing.

Examine dispute settlement jurisprudence related to fisheries, such as the Southern Bluefin Tuna cases.

Explain the principle of 'freedom of the high seas' and its limitations under UNCLOS.

Analyze the principle of exclusive flag State jurisdiction and its exceptions, such as piracy and stateless vessels.

Apply the rules governing the right of visit (Article 110) and hot pursuit (Article 111).

Explain the 'common heritage of mankind' principle and its application to the Area.

Describe the structure and functions of the International Seabed Authority (ISA) and the role of the 1994 Implementation Agreement.

Analyze the responsibilities and liability of sponsoring States for activities in the Area, referencing the SDC Advisory Opinion.

Identify the general obligations to protect and preserve the marine environment under Part XII of UNCLOS.

Explain the regulatory framework for controlling vessel-source pollution (MARPOL) and pollution by dumping (London Convention/Protocol).

Describe the legal challenges and approaches to controlling land-based sources of marine pollution.

Distinguish the enforcement powers of flag, coastal, and port States regarding marine pollution.

Analyze the key components of the BBNJ Agreement for biodiversity in areas beyond national jurisdiction.

Explain the compulsory dispute settlement system under Part XV of UNCLOS, including the choice of procedure (Article 287).

Identify the limitations and optional exceptions to compulsory jurisdiction under Articles 297 and 298.

Distinguish between contentious and advisory jurisdiction at ITLOS, including the role of the Seabed Disputes Chamber.

Analyze the purpose and application of provisional measures in maritime disputes.

Examine the procedure for the prompt release of vessels and crews under Article 292.

Deconstruct a major arbitral award, such as the South China Sea Arbitration, focusing on its findings on jurisdiction, historic rights, and environmental duties.