JGU Id. No.

_____________

O.P. Jindal Global University

Jindal Global Law School
End-term Examination – Semester A

Course Name : The Law of the Sea

Course Code : L-EL-0062
Programme : Elective Course
Session : 2016 - 2017
Time Allowed : 2 Hours
Maximum Marks : 100

This question paper has six (6) printed pages (including this page).

Instructions to students:
1. This is a sit-in examination, constituting 30% of your Final Grade in the course.
2. You are required to answer both Question 1 (worth 20 marks out of 100) and Question 2 (worth 80
marks out of 100).
3. DO NOT write your Name and Student Id. No. anywhere on the answer book except on the space
provided.
4. DO NOT write anything on the question paper except Student Id. No. on the space provided.
5. Start each question on a new page.
6. Use of mobile phone or any electronic storage and access system is prohibited.
7. Students undertaking the examination are requested to adhere to the University norms related to
examinations.

__________________________________________________________________________________________
This is a Closed Book examination. However, students are allowed to bring 10 pages of material in the
Examination Hall.
Warning: Plagiarism in any form is prohibited. Anyone found using unfair means will be penalized
severely.
JGLS [End-term Examination - Semester A, 2016 - 2017] Page 1
Question 1 (worth 20 marks out of 100)

A public dredging company of State A is carrying out dredging activities in the Assic Sea, within the territorial
sea of State A.

Environmental activists on board the M/V Future, a ship flying the flag of State B, have been circling the dredging
vessel, with significant live coverage on social media protesting its activities, which they maintain is causing
serious environmental harm to the surrounding seas. Last month, three members of the crew of the M/V Future
sailed a rubber dinghy from the M/V Future up to the dredging vessel, painted slogans on its hull and returned to
the M/V Future.

A Coast Guard vessel from State A arrested the M/V Future within the territorial sea and took it to harbour where
it is detained and its crew under arrest.

State B brought an action against State A at the International Tribunal for the Law of the Sea for the release of
the vessel and its crew and for damages for an unlawful arrest.

Both States have chosen the Tribunal as a means for the settlement of disputes concerning the interpretation or
application of the United Nations Convention on the Law of the Sea under article 287, but State B made the
following optional exception under article 298:

In accordance with article 298(1)(b), the Government [of State A] does not accept the procedures provided
for in section 2 of Part XV of the Convention, entailing binding decisions with respect to disputes
concerning law-enforcement activities in regard to the exercise of sovereign rights or jurisdiction.

State B argues that the declaration does not comply with article 298 and is thus no bar to the jurisdiction of the
Tribunal.

In 500 to 800 words, explain State B’s argument.

JGLS [End-term Examination - Semester A, 2016 - 2017] Page 2

Question 2 (worth 80 marks out of 100)

States X and Y are neighbouring adjacent States with extensive exclusive economic zones (EEZs) extending 200
nautical miles into the Peaceful Sea.

A valuable fish stock, the Peaceful Sea Fish Stock (PSF Stock), migrates throughout its life cycle from the waters
of State X, where it originates, into the EEZ of State Y, before returning to the EEZ of State X to spawn.

Because of the biological and oceanographic circumstances, it has been agreed between States X and Y that the
stock should be fished exclusively in the EEZ of State Y.

The two States have agreed for 12 years on the management of the stock, setting an agreed allowable catch of
1000 tonnes each year, in accordance with the recommendations of the Scientific Committee of the SFRC, the
regional fisheries organization. The Committee recommended an allowable catch of 1000 tonnes again for the
fishing season 2017.

In past years, fishing vessels of State X have been permitted to fish in the EEZ of State Y for 500 tonnes each
year. The remaining 500 tonnes have been fished by vessels of State Y.

Last month, without consulting with State X, State Y announced that for 2017 it would set an allowable catch of
2000 tonnes, that it would allocate 500 tonnes to its own vessels and allocate 1500 tonnes to the vessels of State
W which had agreed to pay a licence fee of US10 million for the fishing rights. (No catch was allocated to State
Y.) The Government of State Y stated that these measures were made necessary by an economic crisis caused by
failure of its state-owned banks.

The situation came to the attention of the Secretary-General of SFRC, who foresaw a serious dispute between the
two States and called on them to settle the dispute amicably. Through her mediation, States X and Y agreed to
bring the dispute to the International Tribunal for the Law of the Sea, agreeing under article 299 of the United
Nations Convention on the Law of the Sea to waive the exclusion clause in article 297(3)(a) with respect to
fisheries within the EEZ.

Before the Tribunal, State X claimed:

1. That State Y has breached article 63 in not agreeing with it on the measures necessary for the conservation
and development of the PSF Stock;
2. That it has breached article 62 in determining an allowable catch which would endanger the maintenance
of the PSF Stock;
3. That it has breached article 63(3) in allocating the surplus of the allowable catch of the PSF Stock to State
W (and not State X).

In 800 to 1200 words, describe what arguments State Y can make in response.

JGLS [End-term Examination - Semester A, 2016 - 2017] Page 3

Annex:
Relevant provisions of the United Nations Convention on the Law of the Sea

Article 61
Conservation of the living resources
1. The coastal State shall determine the allowable catch of the living resources in its exclusive economic zone.
2. The coastal State, taking into account the best scientific evidence available to it, shall ensure through proper
conservation and management measures that the maintenance of the living resources in the exclusive economic
zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international
organizations, whether subregional, regional or global, shall cooperate to this end.
3. Such measures shall also be designed to maintain or restore populations of harvested species at levels which
can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors,
including the economic needs of coastal fishing communities and the special requirements of developing States,
and taking into account fishing patterns, the interdependence of stocks and any generally recommended
international minimum standards, whether subregional, regional or global.
4. …
5. Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation
of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations,
whether subregional, regional or global, where appropriate and with participation by all States concerned,
including States whose nationals are allowed to fish in the exclusive economic zone.

Article 62
Utilization of the living resources
1. The coastal State shall promote the objective of optimum utilization of the living resources in the exclusive
economic zone without prejudice to article 61.
2. The coastal State shall determine its capacity to harvest the living resources of the exclusive economic zone.
Where the coastal State does not have the capacity to harvest the entire allowable catch, it shall, through
agreements or other arrangements and pursuant to the terms, conditions, laws and regulations referred to in
paragraph 4, give other States access to the surplus of the allowable catch, having particular regard to the
provisions of articles 69 and 70, especially in relation to the developing States mentioned therein.
3. In giving access to other States to its exclusive economic zone under this article, the coastal State shall take
into account all relevant factors, including, inter alia, the significance of the living resources of the area to the
economy of the coastal State concerned and its other national interests, the provisions of articles 69 and 70, the
requirements of developing States in the subregion or region in harvesting part of the surplus and the need to
minimize economic dislocation in States whose nationals have habitually fished in the zone or which have made
substantial efforts in research and identification of stocks.
…

Article 63
Stocks occurring within the exclusive economic zones of two or more coastal States or both within the exclusive
economic zone and in an area beyond and adjacent to it.
1. Where the same stock or stocks of associated species occur within the exclusive economic zones of two or
more coastal States, these States shall seek, either directly or through appropriate subregional or regional

JGLS [End-term Examination - Semester A, 2016 - 2017] Page 4

organizations, to agree upon the measures necessary to coordinate and ensure the conservation and development
of such stocks without prejudice to the other provisions of this Part.
2. …

Article 287
Choice of procedure
1. When signing, ratifying or acceding to this Convention or at any time thereafter, a State shall be free to choose,
by means of a written declaration, one or more of the following means for the settlement of disputes concerning
the interpretation or application of this Convention:
(a) the International Tribunal for the Law of the Sea established in accordance with Annex VI;
(b) the International Court of Justice;
(c) an arbitral tribunal constituted in accordance with Annex VII;
(d) a special arbitral tribunal constituted in accordance with Annex VIII for one or more of the categories
of disputes specified therein.
2. …
3. …
4. If the parties to a dispute have accepted the same procedure for the settlement of the dispute, it may be submitted
only to that procedure, unless the parties otherwise agree.
…

Article 297
Limitations on applicability of section 2
1. …..
2. (a) Disputes concerning the interpretation or application of the provisions of this Convention with regard to
marine scientific research shall be settled in accordance with section 2, except that the coastal State shall not be
obliged to accept the submission to such settlement of any dispute arising out of:
(i) the exercise by the coastal State of a right or discretion in accordance with article 246; or
(ii) a decision by the coastal State to order suspension or cessation of a research project in accordance
with article 253.
(b) …
3. (a) Disputes concerning the interpretation or application of the provisions of this Convention with regard to
fisheries shall be settled in accordance with section 2, except that the coastal State shall not be obliged to accept
the submission to such settlement of any dispute relating to its sovereign rights with respect to the living resources
in the exclusive economic zone or their exercise, including its discretionary powers for determining the allowable
catch, its harvesting capacity, the allocation of surpluses to other States and the terms and conditions established
in its conservation and management laws and regulations.
…

Article 298
Optional exceptions to applicability of section 2
1. When signing, ratifying or acceding to this Convention or at any time thereafter, a State may, without prejudice
to the obligations arising under section 1, declare in writing that it does not accept any one or more of the
procedures provided for in section 2 with respect to one or more of the following categories of disputes:
(a) …

JGLS [End-term Examination - Semester A, 2016 - 2017] Page 5

 (b) disputes concerning military activities, including military activities by government vessels and aircraft
engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise
of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297,
paragraph 2 or 3;
…

Article 299
Right of the parties to agree upon a procedure
1. A dispute excluded under article 297 or excepted by a declaration made under article 298 from the dispute
settlement procedures provided for in section 2 may be submitted to such procedures only by agreement of the
parties to the dispute.
…

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