Master of Laws in Marine and Environmental Law

Purpose

The primary purpose of the qualification is to provide specialised professional knowledge to equip members of the legal profession better. The education will produce learners with expertise in Marine and Environmental Law. Learners will develop knowledge in core areas of Marine and Environmental Law and be able to apply the principles of Marine and Environmental Law while developing professional research skills to analyse and critique.

Rationale

Domestic legal frameworks naturally focus on regulating issues within a country's sovereign territory. Marine and environmental issues (whether they be marine pollution incidents, over-fishing, climate change, trafficking in rare and endangered species) traverse these sovereign divides and therefore require international and regional approaches to solving them. These approaches has seen the rapid growth in international conventions and regional instruments in the past few decades governing a broad range of marine and environmental issues including marine pollution, marine living and non-living resources; the Antarctic region; biodiversity; protected areas; nuclear facilities; transboundary movement of waste; climate change; shared watercourses - to name a few.

The rise of this international and regional legal dispensation has brought with it a need for increased capacity amongst the broad range of relevant policymakers and institutions tasked with negotiating, shaping and implementing it. Given its growth and increasing complexity, there is a need to educate and train professionals engaged in the above international and regional marine and environmental legal enterprise. The Professional Masters in Marine and Environmental Law aims to fill this void by providing them with the knowledge and expertise to operate within the relevant international and regional fora and give domestic legal effect to any commitments contained in conventions, instruments and decisions emanating from them.

Recognition of Prior Learning (RPL)

The institution conducts RPL in terms of the policy and guidelines of the institution to recognise other forms of formal, informal and non-formal learning and experience.

In cases where learners do not comply with the formal admission requirements, the institution applies its RPL policy.

Entry Requirements.

The minimum entry requirement for this qualification is a

• Bachelor of Laws, NQF Level 8, 480 Credits.

This qualification consists of the following compulsory and elective modules at Level 9, totalling 180 Credits.

Compulsory Modules, 120 Credits

• International Law of the Sea, 30 Credits.
• International Environmental Law, 30 Credits.
• Research Projects (Marine and Environmental Law), 60 Credits.

Elective Modules, 30 Credits (Choose/Select one)

• Principles of Environmental Law, 30 Credits.
• Land Use Planning Law, 30 Credits.
• Natural Resources Law, 30 Credits.
• Pollution Law, 30 Credits.

1. Demonstrate knowledge of Marine Law (specifically issues relating to international law of the sea, marine pollution, marine resource management, civil liability and compensation); Environmental Law (and it's myriad of sectoral laws governing land use planning, pollution, natural resources); and the many different areas of law which intersect with it in practice, such as international law, constitutional law, administrative law, criminal law and the common law.
2. Apply the law to practical situations.
3. Demonstrate a problem-solving approach to the resolution of disputes which arise in Marine and Environmental Law.
4. Research independently, to evaluate critically, to write articulately and accurately.
5. Demonstrate competence in performing research projects which demonstrate professional expertise.
6. Demonstrate intellectual independence in Marine and Environmental Law and legal practice.
7. Demonstrate a heightened awareness of ethical issues arising in Marine and Environmental Law and practice.
8. Articulate and communicate professional solutions arising out of practical Marine and Environmental Law issues.
9. Know the area of law; its theoretical and policy underpinnings, its sources, its current political, economic and social context, its historical origins, and current domestic and international developments in practice in this specialist area of law.
10. Research this specialist area of law independently, including conducting comparative research where appropriate.
11. Evaluate critically the policy underpinnings of this specialist area of law; the degree to which the law succeeds in achieving its policy objectives, and its suitability for current circumstances.
12. Analyse fact complexes to identify legal issues arising in practical legal disputes, and to analyse areas for law reform within the field.
13. Apply knowledge and understanding of the law to generate either options for the resolution of such disputes or proposals for law reform.
14. Take into account non-legal considerations that may weigh in deciding on an appropriate resolution of legal disputes. Support the learner in developing an independent, reasoned, and pragmatic approach to creative problem solving relevant to Marine and Environmental Law issues, which considers the national, socio-political, economic, financial, corporate and legal interests/implications of Marine and Environmental Law, practice and policy.
15. Construct arguments to persuade as to the appropriateness of either particular resolutions of legal disputes or law reform.
16. Communicate, both orally and in writing, such understanding of the law and solutions legal problem to provide professional legal advice as to the resolution of disputes or as to law reform.
17. Think independently.
18. Be aware of ethical issues.

The following Associated Assessment Criteria will assess the Exit Level Outcomes in an integrated manner

• Know the area of Marine and Environmental Law.
• Understand its theoretical and policy underpinnings.
• Be familiar with its sources.
• Understand its context (environmental, political, economic and social).
• Know its historical origins and development.
• Know domestic and international developments and trends in practice and policy in the area of Marine and Environmental Law.
• Identify and demarcate research issues or themes appropriately.
• Access a comprehensive range of current literature and research in commercial law.
• Analyse and accord this literature and research appropriate weight as an authority.
• Plan and conduct the research using a range of research methods and techniques appropriate for a professionally relevant research task.
• Ensure that selected research methods and techniques show evidence of a clear understanding of relevant research theory and professional practice.
• Ensure that the presentation of the results of such research critically and coherently describes theoretical arguments, the research process, methodology, results, conclusions and recommendations relevant to a professionally relevant research task.
• Identify and critically engage with the policy underpinnings of Marine and Environmental Law.
• Evaluate critically the degree to which the law succeeds in achieving its policy objectives.
• Identify shortcomings in the policies or the law that may suggest a need for reform.
• Generate reform proposals designed to achieve identified policy objectives.
• Analyse the problems and issues raised.
• Reflect a purposeful and critical application of advanced theory, current knowledge and expertise in Marine and Environmental Law for particular professional purposes.
• Analyse the facts.
• Identify legal issues raised by such fact complexes.
• Identify and apply appropriate skills, strategies and techniques following corresponding theoretical assumptions in the specialist area of law.
• Ensure that research and intervention include the appropriate and creative use of tools and data relevant to Marine and Environmental Law.
• Ensure that proposed interventions and recommendations reflect purposeful and creative plans to seek solutions based on theory and proven methods in Marine and Environmental Law.
• Apply the results of research.
• Show skill in extrapolating key findings, justifiable conclusions, and, where applicable, making feasible recommendations.
• Demonstrate an awareness of non-legal considerations, such as national, socio-political, economic, financial, corporate and legal interests/implications in the area of law, practice and policy that may weigh in deciding on an appropriate resolution of legal disputes or determining solutions to identified problems.
• Demonstrate an ability to construct logical and persuasive legal arguments, based on fully articulated reasoning and reference to appropriate authorities and sources, for proposed pragmatic solutions to problems.
• Demonstrate abilities to communicate both orally and particularly in writing, clearly, accurately and succinctly, in language and a form of written communication appropriate to the target audience.
• Demonstrate ability to thinking independently.
• Demonstrate a high-level awareness of ethical issues raised.
• Demonstrate an ability to identify strengths and weaknesses in work produced in achieving its objectives and ways it could be improved to enhance effectiveness and professionalism.

Integrated Assessment

The assessment policy for the Professional Master's in this specialist area of Marine and Environmental Law is in light of the Assessment Policy of the institution. The policy incorporates integrated assessment utilising the following criteria: validity, reliability, academic integrity, transparency, fairness, achievability and timely feedback. Each module within the specialist qualification includes more than one assessment opportunity and the use of more than one type of assessment opportunity (prepared and unprepared written tests, oral examinations, oral presentations, written assignments, online assessments) is provided for. Each module includes elements of formative and summative assessment and a final grade of 50% or higher is required to complete each module. Forms of assessment will be practically oriented, rather than dominated with theory. The assessment policy is to test a student's ability to understand and professionally apply the law.