This advanced, practice-focused seminar examines the legal framework governing navigation rights and military activities in international waters, with particular emphasis on how states—especially major naval powers—interpret and operationalize these rights. Anchored in the United Nations Convention on the Law of the Sea, the course explores how legal rules interact with national security priorities, geopolitical tensions, and real-world maritime operations.
The course focuses on how lawyers advise governments, defense agencies, shipping operators, and multinational corporations on issues such as freedom of navigation, transit passage, military exercises, surveillance activities, and challenges to excessive maritime claims. Students will analyze how legal arguments are used to justify or contest naval operations in contested waters.
The seminar treats maritime navigation as a strategic and legal battleground, where international law, military power, and diplomatic signaling converge. Students will develop practical skills in risk assessment, operational legality, and dispute strategy.
This course assumes prior study of public international law or maritime law.
Course Objectives
By the end of the course, students should be able to:
1. Understand the legal framework governing navigation rights under international law.
2. Analyze military activities permitted in international waters.
3. Evaluate coastal state versus flag state authority.
4. Assess legality of naval operations in different maritime zones.
5. Identify legal issues in contested maritime areas.
6. Understand freedom of navigation operations (FONOPs).
7. Evaluate risks for military and commercial actors.
8. Navigate disputes involving maritime claims.
9. Advise clients on operational and legal strategy.
10. Apply legal principles to real-world maritime scenarios.