MARI-758 – Law of the Sea and Contemporary ChallengesAssessment

LLM/MMSc in Maritime Law 2024-2025

Module: MARI-758 – Law of the Sea and Contemporary Challenges
Assessment 1: Critical Research Paper
Weighting: 60%
Word Count: 4,000 words
Submission Deadline: Friday, 14th March 2025, 16:00 GMT via Turnitin

1. Assessment Rationale

This assignment is designed to develop your ability to conduct independent, critical research on a pressing contemporary issue at the intersection of the Law of the Sea, maritime security, and environmental sustainability. It requires you to move beyond a descriptive account of the law and to critically analyse its effectiveness, gaps, and future trajectory in the face of rapid technological and geopolitical change.

2. Task Description

You are required to write a critical research paper on ONE of the following topics:

• Topic A: Autonomous Vessels and the LOSC: Critically analyse the legal status of Maritime Autonomous Surface Ships (MASS) under the United Nations Convention on the Law of the Sea (UNCLOS). Your analysis should focus on the interpretation of key terms such as “ship,” “master,” and “crew” and assess whether UNCLOS, as a living instrument, can accommodate this technological shift or if a new regulatory framework is necessary.

• Topic B: Offshore Renewable Energy and Freedoms of the High Seas: Examine the legal tensions between the expansion of large-scale offshore wind farms and the traditional freedoms of navigation and fishing on the high seas and in the Exclusive Economic Zone (EEZ). Discuss how coastal states and flag states are balancing their rights and duties under UNCLOS.

• Topic C: Submarine Cables and Critical Infrastructure Protection: Evaluate the adequacy of the existing international legal framework, primarily UNCLOS, in protecting submarine cables from state-sponsored and non-state threats. Consider the legal responsibilities of states to prevent intentional damage and the legal remedies available to affected parties.

3. Learning Outcomes

Upon successful completion of this assessment, you will be able to:

1. Critically evaluate the principles and provisions of the Law of the Sea in the context of contemporary maritime challenges.

2. Synthesise complex legal materials from primary and secondary sources to construct a coherent and original argument.

3. Demonstrate a sophisticated understanding of the political, economic, and environmental factors influencing the development of maritime law.

4. Assessment Criteria

Your work will be assessed based on:

• Knowledge & Understanding (25%): Depth of understanding of relevant UNCLOS provisions and related legal instruments.

• Critical Analysis & Argument (35%): The strength, clarity, and originality of your central thesis. This includes your ability to identify legal ambiguities, conflicts, and propose reasoned conclusions.

• Research & Referencing (25%): Use of a wide range of authoritative primary and secondary sources, including recent peer-reviewed journals. Strict adherence to the OSCOLA or Harvard referencing style is mandatory.

• Structure & Presentation (15%): Logical flow, clarity of expression, grammar, and professional presentation.

References

Chircop, A. (2020) ‘The Law of the Sea and Ocean Governance in the Anthropocene’ in Rothwell, D.R., Oude Elferink, A.G., Scott, K.N. and Stephens, T. (eds.), The Oxford Handbook of the Law of the Sea. Oxford: Oxford University Press, pp. 845-866.

Ringbom, H. (2022) ‘Regulating Autonomous Ships—Concepts, Challenges and Precedents’, Ocean Development & International Law, 53(1), pp. 1-26.

Beckman, R.C. and Davenport, T. (2021) ‘The LOSC Framework for Maritime Security and Judicial Responses to Maritime Terrorism’, International Journal of Marine and Coastal Law, 36(2), pp. 185-213.

Gullett, W. and Schofield, C. (2020) ‘A Rising Tide: The Implications of Climate Change and Sea Level Rise for the Limits of Maritime Jurisdiction’, Marine Policy, 121, 104148.

Tsiaplias, M. (2023) ‘Protecting Submarine Cables in an Era of Hybrid Threats: Beyond the Law of the Sea?’, Journal of Conflict and Security Law, 28(2), pp. 235-260.