Law of the sea



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Faculty of Law

International Program



Syllabus


LAW OF THE SEA
Lecturer : Sri Wartini, Dra, S.H, M.Hum, PhD

Email : sri.wartini@uii.ac.id

Phone : +62 274 379178 - +62 817467595

Credits : 2

Prerequisite : International law and Law and

International Relation



Consultation Times : By appointment

Subject Overview

Law of the Sea subject as one of optional subjects in International law department. This subject presents the development of the law of the sea and also the history. It started from the first development of the law of the sea before the second world war, UNCLOS I, UNCLOS II, and UNCLOS III till the recent development of the law of the sea, especially the recognition of Indonesia as an archepelagic states. Furthermore, it also presents the development the law of the Sea in Indonesian context.



Standart Competency

In order the students understand the historical background of the Law of Sea and the development of regulations regarding the law of the sea from UNCLOS I, UNCLOS II, and UNCLOS III till the recent development of the law of the sea. Forthermore, the students are also expected to understand the development of the law of the sea in Indonesia as an archepelagic states.



Basic Competency

The Students understand the historical background and the development of the law of the sea as well as the development of the regulations in UNCLOS I, UNCLOS II, and UNCLOS III till the recent development of the law of the sea. Besides that, the students also understand the baseline, internal water, territorial sea, contiguous zone, continental shelf, economic exclusive zone, seabed area, marine Environmental protection, international Straith, archipelagic state, sealine passage Indonesia, dispute resolutiuon, marine scientific research, land lock state dan geographically disadvantage state, and Indonesian law of the sea including the marine archeology.



Topics covered include:

1, Introduction

2. The Importance of the sea for human being

3. The Development of the Law of the Sea in 1930

4. The Development of the Law of the Sea in 1958

5. The Law of the Sea Convention 1982

6. The Law of the Sea Regimes

7. Archipelagic State and Sealine Passage

8. Delimitation of territorial boundary in the sea

9. Marine Scientific research

10, Seabed Authority

9. Marine Environmental protection

10. c o n s e r v a t i o n a n d management of the living resources of the

high seas

11. Right of access of land-locked states to and from the sea and freedom of

transit


12. Dispute Settlement Resolution

13. The Development of the law of the Sea in Indonesia



Subject Objectives

Students who have successfully completed the subject should:



  1. Students are be able to understand and to evaluate the Importance of the sea for human being

  2. Students are be able to understand and to evaluate the Development of the Law of the Sea in 1930

  3. Students are be able to understand and to evaluate the Development of the Law of the Sea in 1958

  4. Students are be able to understand and to evaluate the Law of the

Sea Convention 1982

  1. Students are be able to understand and to evaluate the Law of the Sea regime

  2. Students are be able to understand and to evaluate Archipelagic State and Sea line Passage

  3. Students are be able to understand and to evaluate Delimitation of

territorial boundary in the sea

  1. Students are be able to understand and to evaluate Marine Scientific Research

  2. Students are be able to understand and to evaluate the srtucture of

Seabed authority and its authority

10. Students are be able to understand and to evaluate Marine

Environmental protection

11.Students are be able to understand and to evaluate the c o n s e r v a

tion and management of the living resources of the high seas

12. Students are be able to understand and to evaluate Right of access

of land-locked states to and from the sea and freedom of transit

13. Students are be able to understand and to evaluate the Dispute

Settlement Resolution

14. Students are be able to understand and to evaluate the

Development of the law of the Sea in Indonesia

References:

1. R.R. Churchil & A.V. Lowe, The Law of the Sea, 2nd Ed, Manchester, UK, 1991

2. Pudak Nayati, Ownership Rights over Archaeological/Historical Objects Found in Indonesian Waters: RI Act No. 5 of 1992 on Cultural Heritage Objects and Its Related Regulations, 2 Singapore Journal of International and Comparative Law (1998), Him. 142-174.

3. Connell DPO., The International Law of the Sea, Claredon, Oxford, 1984

4. Albert Koers, Konvensi Perserikatan Bangsa-Bangsa tentang Hukum Laut, Gadjah Mada, Yogyakarta, 1991.

5. Joko Tribawono, Hukum Perikanan Indonesia, Citra Aditya Bakti, 2002

6. Mochtar Kusumaatmadja, Konsepsi Hukum Negara Kepulauan, Alumni, Bandung 2003

7. Mochtar Kusumaatmadja, Rights over Natural Resources: The Indonesian Experiences, Alumni, Bandung, 2002

8. I Made Pasek Diantha, Zona Ekonomi Ekslusif Indonesia Berdasarkan Konvensi Hukum Laut PBB 1982, Mandar Maju, Bandung, 2002

9. Mochtar Kusumaatmadja, Hukum Laut Internasional, Binatjipta, Bandung, 1978

10. Mochtar Kusumaatmadja, Bunga Rampai Hukum Laut, Binatjipta, Bandung, 1979

11. Mochtar Kusumaatmadja, Perlindungan dan Pelestarian Lingkungan Laut. Dilihat dari Sudut Hukum Internasional, Regional dan Nasional, Sinar Grafika dan Pusat Studi Wawasan Nusantara, 1992

12. Juajir Sumardi, Hukum Pencemaran Laut Transnasional, 1996

13. Daud Silalahi, Pengaturan Hukum Lingkungan Laut Indonesia dan Implikasinya secara Regional, Sinar Harapan, Jakarta, 1992

14. Dimyati Hartono, Hukum Laut Internasional, Bharata Karya Aksara, Jakarta, 1977

15. Lung-chu Chen, An Introduction to Contemporary International La: A Policy-Oriented Perspective, Yale, New Haven, 1989

16. Hasjim Djalal, Indonesia and the Law of the Sea, CSIS, Jakarta, 1995

17. Konvensi Hukum Laut PBB 1982

18. Convention on the Protection of the Underwater Cultural Heritage 1994.

19. Gatot Dwi Hendro Wibowo, Hukum Konservasi Lautan, CV Cakrawala Printing and Advertising, Sidaarjo, 2009)

20. Dikdik Mohammad Sodik, Hukum Laut Internasional dan Pengaturannya di Indonesia, Refika Aditama, Bandung, 2011.

21. I Wayan Parthianan, Hukum Laut Internasional dan Hukum Laut Indonesia, Yrama Widya, Bandung, 2014.



Assessment:

Each student has obligation to write a research essay on selected topics which are determined by the lecturer in line with subject matter which discuss in class, then the essay will be presented individually by the student after mid term ( week 9)



Due in week or meeting 8 and 16.

A written examination, 90 minutes (closebook).

Assignment and Presentation : 20 %

Mid Test : 35 %

Final Test : 45 %

----------------------------------------------

Total : 100 %



Assesment Procedures:

A. The Lecturer makes note to the student participation during the learning process

B. Assignments has to be submitted the first week after mid term

C. Mid Semester Examination organized by the Faculty

D. Final Examination organized by the Faculty

Format of Essays or Research Papers:

A. Introduction

B. Statement of Problems

C. Objective of the Research Paper

D. Funding of the reserach

E. Conclusion

Class Rules:

A. Student has to attend class on time

B. Students have to participate during the class discussion and during the learning process

Attendance:

Minimum of attendance during one semester is 75 %



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Masnur Marzuki, SH, LLM




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