Students may choose from a wide range of maritime law elective courses and explore diverse areas within the broader maritime law field to advance their academic interests and professional goals, including climate change and conservation, cruise ship law, disaster law, fisheries governance and the protection of living marine resources, international law of state responsibility, international trade and customs law, marine environmental law, marine insurance, maritime security, natural resources, salvage, and more.
Advanced Topics in International Law
The United Nations International Law Commission (ILC) is the only subsidiary organ within the United Nations system that was mandated by member states “to initiate studies and make recommendations for the purpose of … encouraging the progressive development of international law and its codification”. This advanced seminar, which offers students a unique opportunity to learn how international law is made from a faculty member who serves on the ILC and to prepare a major paper, will first explore the historical origins, mandate, and contributions of the ILC towards the establishment of a rule-based international legal order. The seminar, which prepares students for a summer externship with the United Nations in Geneva, will then critically evaluate the latest topics and reports under study by the ILC, their present status, and future direction. These may include general principles of law; immunity of state officials from foreign criminal jurisdiction; sea level rise in relation to international law; subsidiary means for the determination of rules of international law; settlement of disputes to which international organizations are parties; prevention and repression of piracy and armed robbery at sea; and non-legally binding international agreements.
Climate Change Law & Policy
This course examines cutting-edge issues relating to the regulation of the "wicked" problem of climate change. It is also a useful course for students interested in modern multilateral Treaty practice and in International Organizations. The course will approach climate change primarily from an international policy and law perspective. The course will begin with an overview of climate change science, the architecture of the complex international legal and institutional regime that has emerged since 1992 to address climate change, and the innovative legal, policy and financial tools that have been adopted or proposed to address climate change and manage adverse impacts. The course will explore the connection between the Treaty action areas (1) mitigation of GHCs (sources & sinks), (2) adaptation to adverse impacts of climate change, and (3) loss& damage. We will also examine new approaches to implementation and enforcement of treaty obligations that have emerged in the context of the climate change regime, such as the use of NDCs (nationally determined contributions). Additional topics will reflect the interests of participants in the class and may include inter alia: Recent Advisory Opinions on climate change at ITLOS, the ICJ and the IACHR, international climate change litigation; displacement and relocation of populations as a result of climate change; the intersection of human rights and climate change; sustainable investment in natural resources; food security; the built environment, infrastructure and the insurance industry.
Climate Finance
Finance and financial markets are a significant focus of actions and policies to address climate change. These actions and policies include the fossil fuel divestment movement, private standards, regulatory taxonomies for sustainable finance, rules regulating corporate disclosures about climate change, and banking and insurance regulators addressing issues of climate-related systemic risk. Both public and private institutions issue green and sustainable bonds and develop investment funds which emphasize sustainability. The class examines a range of issues relating to the relationship between climate change and finance.
Conservation, Tourism and Development
The focus of this course will be Panama. We will explore its physical geography, cultures, legal framework and institutions, and tourism-development-conservation conflicts. The field trip will be divided into two locations: Panama City and Chagres National Park. Panama City is a vibrant, cosmopolitan coastal city, international commercial and financial center, major international port and entrance to the Panama Canal, as well as a UNESCO World Heritage Site. Its coastline is undergoing major development that is altering its natural ecosystems. Chagres National Park (PNCh), located an hour from Panama City, protects the watershed of Lake Alajuela, the major source of freshwater for the Panama Canal and drinking water for over a million residents of Panama City and Colón. We will stay for 3 days in the community of Quebrada Ancha on the shores of Lake Alajuela at the site of a community-based tourism (CBT) project and examine in detail its organization and operation. Additionally, we will visit another CBT project at the Emberá community (Emberá Purú). We meet weekly throughout the semester to discuss background readings and develop group research field projects that we will carry out during the Spring Break trip. Upon our return to Miami, the class will prepare manuscripts and presentations based on the field data collected during the trip.
Disaster Law
This course examines the law and policy of disasters (natural and technological) from hazard-mitigation planning, to emergency response, to cost sharing and compensation after an event, to long-term recovery. Climate change is increasing both the frequency and severity of natural disasters. Are we prepared? The course will emphasize the role of public policy as well as practical lawyering skills. In the process, students will gain exposure to the Stafford Act, the National Flood Insurance Program, the workings of the Federal Emergency Management Agency and its relationship to other agencies, relevant constitutional principles, and the U.N. Sendai Framework for Disaster Risk Reduction. Students will explore the framework for disaster response and recovery, the policy choices involved in reducing vulnerability, and the complexities of federalism in action. Global perspectives on disasters will be included.
Environmental Justice Clinic
The Environmental Justice Clinic educates, trains, and inspires the next generation of leaders and advocates for regenerative environments through working with students, clients, and partners on environmental cases and campaigns in communities of color in Miami and South Florida. The Clinic’s course requirements include student-led case work, a classroom component and related assignments, individual assessments, and group student-faculty supervision meetings. The students join teams that pursue one or more of the Clinic’s cases and campaigns and have primary responsibility for advancing that matter during their year in the Clinic, supervised by Clinic faculty. In collaboration with their teams, students devise and implement strategy, interact regularly with their clients, communities, and partners, and function as professional advocates. The Clinic’s priority issues are the climate crisis, pollution, and the built environment. Our teams that address these priorities include climate justice, heat justice, stormwater pollution, Old Smokey incinerator litigation, housing justice, thriving communities, and indigenous justice.
Environmental Legal Research
This course is designed to teach the fundamentals of administrative legal research through the lens of Environmental Law. Students will be introduced to the general framework of US environmental law and the primary legal materials that govern related areas of practice and the secondary materials that analyze and explain environmental law. Students will learn to research using leading subject-area treatises and practice materials, to research administrative materials and their authorizing laws, and to develop research plans in order to address client concerns related to environmental regulatory compliance.
Everglades Law & Policy
This compressed course will provide an overview of the law and policy of Everglades restoration through a blend of field visits and classroom learning. It will cover relevant environmental regulations, changing federal and state legal frameworks, and policy implications. The course will cover environmental themes such as drainage and flood control, habitat connectivity, listed species, water quality standards, public lands, algae blooms, climate change, hydrology, water management, tribal rights, and working lands.
Fisheries and Wildlife: Law & Policy
This course will provide an overview of fisheries and wildlife law, including practical applications at the federal, state, and local level. The course will also include an introduction to statutes, rules, regulations, and emerging issues in fisheries and wildlife law and policy. This course will focus on themes that are of particular importance to environmental professionals, such as sustainable fisheries, marine mammal protection, aquaculture, fish and wildlife management, criminal enforcement, and conservation of public lands/waters.
Florida Topics in Environmental Law & Policy
This course will provide an overview of environmental policy at the state and local level in Florida. The course will include an analysis of relevant law, policy, and emerging issues for Florida-specific environments, focusing on environmental themes that are of particular importance to marine professionals, such as: Everglades restoration, coral reef protection, fish and wildlife management, watershed and land management, invasive and listed species, waste management, energy, and climate change policies.
International Arbitration & ESG
This course focuses on the relationship between Environmental, Social and Governance (ESG) issues and international arbitration. The course considers the legal and policy framework related to ESG, a concept which gives structure to a range of issues that are relevant to investment and development. It reviews how international arbitration has had a pioneering role related to ESG issues and examines current “battleground” issues through investment arbitration case studies. The course also addresses flashpoint issues related to globalization and treaties, such as the status of the multilateral Energy Charter Treaty (ECT).
International Environmental Law
One of the primary vectors for the globalization of law and policy in our world has been the environment. Indeed, the dictum “Think globally, act locally!” emerged out of the realization that many environmental challenges had both a local and a global dimension. Problems such as the degradation of the ozone layer, climate change, the collapse of fisheries, the loss of biodiversity, deforestation, the international trade in hazardous wastes, etc. could not be solved by any State acting alone or even in concert with a few like-minded jurisdictions. New political commitments were needed, and these had to be supported by innovative international law and policy tools. Early attempts to address global environmental problems highlighted the complex interconnection between the environment, the economy and equity (social justice) and the need to attend to a temporal dimension not typically addressed in legal instruments. This course is designed to introduce students to the basic issues and concepts particular to international and global environmental law. The course will focus on a few case studies to explore the role law and policy can play in addressing different types of global environmental problems. The course will focus on the international institutional legal frameworks that have been developed to protect the global commons and explore the integral role of domestic law and institutions. This course, which studies one of the most dynamic fields of international law, will be of interest to students interested in international law, those interested in environmental issues, climate change, social justice, sustainability, comparative law and South-North relations.
International Law of State Responsibility
For the international community to consider that it has a system of law, its subjects must somehow be held responsible for breaches of legal obligations. One can hardly claim to advise on any aspect of international law without knowing how breaches of its supposed rules might result in liability on the part of the most relevant actors. For many generations, sovereigns were accountable only to God. In the 20th century, pronouncements of various international tribunals set out rules of liability and reparation in a piecemeal manner. At the dawn of the 21st Century, draft Articles on the Responsibility of States for Internationally Wrongful Acts finally emerged from the UN's International Law Commission, purporting to codify international law. This course will explore where we are today.
International Trade Law
U.S. International Trade Law is an advanced course focusing on the U.S. laws that govern international commerce, their foundations in economic theory and international trade agreements, and current disputes that stress those foundations. The course will concentrate on the substance of U.S. laws that regulate imports and the constitutional and multilateral/bilateral framework for such laws. These include border measures, tariffs, trade remedies (antidumping and countervailing duties), safeguard measures, import quotas, and other import restrictions such as exclusion orders based on the infringement of intellectual property rights and the use of forced labor. The course will also examine the legal basis and scope of recent U.S. executive actions against imports premised on national security concerns, as well as the linkage between U.S. international trade laws and human rights, labor standards, and the environment. Finally, the course will review the U.S. administrative agency structure for enforcing U.S. trade laws and handling trade disputes, and will examine the jurisdiction and role of the U.S. federal courts in reviewing such actions.
Introduction to Maritime Law in Latin America
This course will start with a general review of the main international maritime conventions and the status of their ratification in Latin America. The course will follow with the general overview of the maritime laws and regimes in the following five Latin American countries: México, Panamá, Colombia, Brazil and Argentina. This review will cover the main features of the maritime law of these countries, including the existence of maritime acts and laws, the sources of maritime law, the existence of special maritime jurisdictions, maritime arbitration, the carriage of goods by sea laws and other special maritime institutions such as the arrest of vessels and the limitation of liability of the shipowner.
Legal Environment of the Cruise Industry
Miami is the "Cruise Capital of the World." The cruise industry is a major economic driver in South Florida, employing thousands directly and through its supply chains. Furthermore, most of the 15 million passengers who cruise from the US must bring their suits against cruise lines in the courts of South Florida. Contracts, Torts and Criminal Law topics are addressed in the Course. The rights of passengers and U.S. regulation of cruise ships are discussed. The cruise industry also imposes environmental costs, whose mitigation and control are important topics. UN Sustainable Development Goals and the Global Reporting Initiative are addressed. Cruise ships are staffed by hundreds of thousands, with about a third from South Asia. Seafarer contracts and rights under U.S. law are discussed, as is the Federal Arbitration Act.
Maritime Arbitration
Maritime arbitration has developed as a distinct specialization and covers a wide range of maritime disputes which are decided primarily under the rules of the Society of Maritime Arbitrators of New York or the International Center for Dispute Resolution. They are governed by the General Arbitration Act and the New York Convention. The course will provide an overview of many of the key problems that arise in maritime arbitration, including topics such as compelling arbitration; security for the underlying claims and fees; how proceedings are conducted; and enforcement of awards.
Maritime P.I.
An advanced course in admiralty which concentrates on the rights, remedies and liabilities arising out of the personal injury and death of seamen, passengers, longshoremen, harbor workers and third parties under both state and federal law.
Natural Resources
This course provides an overview of the laws aimed at managing and preserving natural resources and biodiversity through a variety of private, regulatory, informational, and public land-management mechanisms in the United States. We will examine statutes, regulations, and other mechanisms governing the management of the federal lands and their resources. We will consider the historical, political, and ecological influences on the law and management of these resources. To do so, we spend time considering the impacts on tribal resources and communities and the disparities in both access to natural resources and harms related to resource exploitation. This course will introduce the agencies with jurisdiction over the components of the federal estate and environmental regulation. Through this lens, you will strengthen your understanding of administrative law, constitutional law, and statutory interpretation. The course covers regulation of natural resources—including land, water, energy, and biodiversity—on state, tribal, and private land.
Piracy, Terrorism, and Drug Smuggling in the Maritime Domain
This course is a primer into the legal foundations of piracy, maritime terrorism, and the war on drugs in the maritime domain. We will look at the state of modern piracy on the high seas and explore some of the causes such as a lack of governance. The course will explore the current legal framework of how the U.S. confronts the threat of maritime terrorism and drug interdiction at sea.
Protection of Living Marine Resources
This course is a primer into the legal foundations of illegal, unreported, unregulated fisheries (IUU) and fisheries governance and its impact on national security. The course will explore the current international and domestic legal framework of fisheries regulations and enforcement.
Salvage, Treasure & Preservation of Underwater Cultural Heritage
Far beneath the ocean waves, nestling silently on cold dark seabed around the world, lie the remains of about three million shipwrecks. Among such wrecks are the coveted treasure vessels. In addition to valuable cargos of gold, silver, or jewels, these shipwrecks can also be a significant source of history derived from archaeological examination. This course will examine the relevant maritime law in the area of international treasure salvage, in particular the general maritime law of salvage and that of finds, the Abandoned Shipwreck Act, the Foreign Sovereign Immunities Act, and key international convention in this area, in particular the U.N. Convention on the Law of the Sea (UNCLOS III) and the 2001 UNESCO Convention on Underwater Cultural Heritage. The main themes of the course will be: advancements in technology which make deep sea salvage possible; the question of ownership rights in sunken vessels and cargoes; the application of salvage law or the law of finds; the question of jurisdictional competence to regulate activities beyond territorial sea limits; the salvage of sunken war ships, and the tension which exists between the apparent goals of the treasure salvor and the marine archeologist regarding historic wrecks. To see these issues in action, the discovery and ensuing litigation surrounding various vessels will be examined, including The Nuestra Senora Concepcion, The Atocha , The RMS Titanic, Japanese Submarine I-52, La Galga & The Juno, The SS Central America, The Whydah, and The Nuestra Senora de las Mercedes (the "Black Swan").
The Law of International Treaties
“International Law perhaps has not achieved much but it is good that it is there” – is one of the catch phrases in international law. Today’s geopolitical turmoil has led many thought leaders to change this – from “international law dies in darkness” to “international law is utterly useless”. Faith in international law ought to be restored along with its institutions upholding it such as the ICC. Treaties form the building blocks of multilateralism post WW-II allowing for peaceful commerce and protection of fundamental human rights. The Vienna Convention on the Law of Treaties governs this framework of treaties. It provides the tools for the interpretation of treaty provisions and compliance with obligations under international law. One can only apply and understand conventions with the proper use of treaty interpretation.
Toxic Torts & Toxic Regulation
For decades, courts have grappled with cases involving exposures to toxic and hazardous substances. These cases often involve novel approaches by plaintiffs that seek to expand a defendant’s liability beyond the bounds of traditional tort claims. In this course, we will study the legal bases for toxic tort liability – an area that has its roots in familiar areas of the law but has applications unique to the area of toxic tort litigation. Our topics will include: the theories of liabilities that are most often used in toxic torts; the evidentiary rules governing the admissibility of scientific evidence; the procedural mechanisms, such as class actions, used to adjudicate issues affecting large numbers of people; and whether certain remedies, such as the creation of a medical monitoring fund or compensation for the risk of future disease, are appropriate. We will discuss toxic torts, the common law actions for injuries from exposures, as well as specific laws and statutes governing product liability and toxic tort claims. Our discussion will focus on substantive law -- theories of liability, proof, and remedies -- as well the difficulties encountered in expanding the traditional tort paradigm to encompass injuries that may have long latency periods or where the specific tortfeasor cannot be identified. We will also discuss the environmental justice movement's influence on environmental law, including grassroots action, where citizen groups respond to localized environmental challenges through legal initiatives.
U.S. Customs Law
This course will cover the legal authorities of U.S. customs officials to regulate entry and assess admissibility of merchandise. Topics include the customs laws regarding the detention, search, and seizure of merchandise, as well as the people, baggage, parcels, containers, and conveyances that transport merchandise into the country. Topics also include the customs laws regarding the importation process, encompassing the declarations, tariffs, and restrictions applicable to entry of various types of merchandise, cargo, and personal possessions.
Wetland Regulation and Permitting
This course explores how the federal government regulates impacts to wetlands and other waters associated with real property development. In particular, the course will focus on how to determine whether a potential project is regulated under the Clean Water Act, how to obtain authorizations from the government for impacts to wetlands and waters and the standards that guide the government’s permitting decisions, and how to navigate common obstacles in the permitting process. This class will focus primarily on federal law and regulations but will also address the State of Florida’s recent assumption of the Clean Water Act section 404 permitting program, which could yield important lessons nationwide as other states consider assuming the 404 program.
*** As we continuously develop and update our maritime law curriculum, course offerings may change in the future, and all courses may not be offered every semester/academic year.***
