2022 SAIL

LECTURERS

Jin-Hyun Baik

Professor, Seoul National University

Judge, International Tribunal for the Law of the Sea

Jin-Hyun Paik is Judge of International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany since 2009 and served as its President from 2017 to 2020. He is currently President of the Special Chamber of ITLOS in the case concerning the Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean. Judge Paik was Arbitrator in the “Enrica Lexie” Incident Case (Italy v. India) at the Permanent Court of Arbitration (PCA). He currently serves as President of the Arbitral Tribunal in Dispute concerning Coastal State’s Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation). He is also Professor of International Law at Seoul National University in Korea and was Dean of its Graduate School of International Studies (GSIS).

Law of the Sea

This course examines some of the major issues in the law of the sea. In particular, it will address how the legal regime of the exclusive economic zone (EEZ) has evolved and been applied.

The first session will deal with how Part V of the UNCLOS was negotiated at the Third UN Conference on the Law of the Sea; key concepts and principles such as sui generis regime, sovereign rights and duty of due regard; EEZ fisheries regime.

The second session will examine how the provisions of Part V have been applied by international courts and tribunals. It will analyze several cases decided by ITLOS, ICJ and Arbitral Tribunals such as M/V “Saiga” Case, M/V “Virginia G” Case, “Enrica Lexie” Incident Case, South China Sea Case, Alleged Violation of Sovereign Rights in the Caribbean Sea, and Advisory Opinion on IUU Fishing. It will also address some controversial issues relating to EEZ and the future prospects.

Students are expected to familiarize themselves with the legal regime of EEZ by reading Part V of the UNCLOS, textbooks on the law of the sea and the judgements of international courts and tribunals in the above cases, which are available at the websites of ITLOS, ICJ and PCA.