Professor Cameron Jefferies, second from L, receives his Rhodes Ocean Scholar Diploma in Rhodes, Greece, July 2013Rhodes Academy of Oceans Law and Policy-Promoting the Rule of Law in the Oceans
The oceans cover approximately 70% of the surface of Earth. They are an essential source of natural resources (including animal protein), are necessary for the transportation of people and goods, are crucial for the communication of information (in the form of submarine cables), and represent an environment that remains, in many ways, as alien as outer space.
I have always had a penchant for the oceans, and this past July I had the opportunity to immerse myself in this area of study by attending the Eighteenth Rhodes Academy of Oceans Law and Policy in Rhodes, Greece. By way of introduction, the Rhodes Academy is a diploma granting program that is hosted by the Aegean Institute of the Law of the Sea and Maritime Law. The Academy is organized and delivered in conjunction with leading academic institutions, including: the Center for Oceans Law and Policy (at the University of Virginia, School of Law in Charlottesville); the Law of the Sea Institute of Iceland (in Reykjavik, Iceland); the Max Plank Institute for Comparative Law and Public International Law (in Heidelberg, Germany); the Center for International Law (at the National University of Singapore), the Netherlands Institute for the Law of the Sea (at Utrect University); and the Korea Maritime Institute (in Seoul, South Korea).
Class Photo Outside the Rhodes AquariumWhile many associate Rhodes with the fabled Colossus of Rhodes or the fortification and resolve of the Knights Hospitaller, Rhodes is also famous for its strong maritime tradition and as the birthplace of maritime law (in the form of the Lex Rhodia). This year's program was attended by more than 50 students from over 30 nations. The student body was comprised of individuals from diverse backgrounds, including: law, academia, the military, the civil service, the foreign service, and industry. The program itself was delivered over the course of three weeks by an outstanding faculty, which included leading scholars, scientists, international lawyers, and international judges from the International Tribunal for the Law of the Sea. The program was delivered by both lectures and student-led seminars that featured a number of presentations and moot courts. In order to pass the course and receive the Rhodes Oceans Scholar Diploma, students must pass a written examination and an oral examination. The organizers also ensured that the students had ample time to experience Rhode's vibrant history and culture and to explore other important archaeological and cultural sites.
As the title of the Academy suggests, the focus of the program is oceans law and policy; in particular, the major oceans law treaty called the United Nations Convention on the Law of the Sea ("UNCLOS"). Negotiated over the course of many decades, UNCLOS is a remarkable treaty that ushered in the era of consensus treaty-making and continues to serve as a 'Constitution for the Oceans'. UNCLOS is also recognized for its innovation, such as the creation of a robust zonal approach to the maritime environment that balances sovereignty, sovereign rights, exclusive jurisdiction, and high seas freedoms. UNCLOS has significantly contributed to global security, efficient resource conservation and management, and the promotion of the rule of law. UNCLOS is also a framework convention, meaning the negotiators recognized that it was simply not possible to negotiate specific standards or provisions for every oceans law issue. In short, this means that UNCLOS often provides us with only the first principles that must be applied to tackle emerging issues. There is still work to be done.
This year's program surveyed many of the foundational aspects of modern oceans law and offered the opportunity to delve into many issues that are currently attracting the attention of the international community, including:
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Piracy - while many associate piracy with the 17th to 19th centuries, it remains a live issue. Specifically, there has been increasing pirate activity off of the Somalian coast in recent years, which has affected surrounding nations as well as both recreational and commercial navigation. The United Nations Security Council has weighed in on modern piracy on a number of occasions, and the global community continues to work cooperatively to craft and implement an appropriate response;
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The South China Sea - the South China Sea, surrounded by China, Vietnam, Philippines, Taiwan, Malasia, Brunei, Indonesia, Cambodia, and Singapore, is a microcosm for modern oceans law issues. It features archipelagos, internationally important straits, sovereignty disputes, islands and other island-like features that are disputed in so far as their ability to base claims for establishing maritime zones, fishing concerns, and on-going arbitration; and
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Biodiversity Beyond National Jurisdiction - one of the major themes during the negotiation of UNCLOS was the notion of the "Common Heritage of Mankind" and consideration of how to equitably administer the resources found in areas beyond national jurisdiction ("ABNJ"); specifically, in the zone known as the "Area", which represents the deep-sea bed beyond any nation's continental shelf. There was some fervor during this time about the possibility that a resource known as Manganese Nodules held considerable exploitation potential. While mining of this resource has not occurred to any appreciable extent, the debate seems to have shifted to the conservation and equitable management of biodiversity beyond national jurisdiction ("BBNJ"), given the possibility that life in the Area at hydrothermal vents (or other areas in the deep sea) contains viable genetic material that may have commercial potential.
My experience at the Rhodes Academy was tremendously rewarding-personally and professionally. The Rhodes Academy creates a fertile learning environment in which the lecturers encourage dialogue and creativity. For example, I am currently working to complete my PhD dissertation in the area of international marine mammal conservation and management. Tomas Heider, the lecturer who delivered this year's seminar on marine mammals, works with the Ministry of Foreign Affairs of Iceland and has considerable professional experience with whaling issues and diplomacy. He had two participants deliver short presentations to the class at the start of his lecture. The first presentation stated the strongest case possible in support of the anti-whaling position, and the second stated the strongest case in support of the pro-whaling position. Whaling, not surprisingly, is a highly contentious and politically charged issue, and in order to promote constructive debate the anti-whaling position was presented by a student who is not opposed to whaling while the pro-whaling presentation was made by a student who is generally skeptical about many aspects of whaling-me! The ability to appreciate and understand both sides of any issue is a crucial first step towards crafting a rational response.
I will be incorporating much of what I learned at the Rhodes Academy into my International Environmental Class this fall since UNCLOS serves as an excellent case study regarding the sources of international law, treaty interpretation and evolution, and compulsory international dispute resolution. Further, I hope to be able to share my enthusiasm for the law of the sea with this year's University of Alberta Faculty of Law Jessup moot team, given that the 2013-2014 Jessup problem engages oceans law and policy! I highly recommend the Rhodes Academy to anyone who has the same sort of passions for oceans and oceans law that I do.
~ Article written by University of Alberta Faculty of Law Professor Cameron Jefferies