JANUARY-APRIL 2003

PARTICIPATING UNIVERSITIES

University of South Carolina Law School (USC, US originator)
Gadjah Mada University Graduate Program in Business and Public Law (UGM, Indonesian originator )
University of Indonesia Graduate Law Program (UI)
Diponegoro University Faculty of Law (UNDIP)
University of Northern Sumatra Graduate Law Program (USU)

TEACHING FACULTY

Prof. David Linnan (USC, law)
Prof. Kim Connolly (USC, law)
Prof. John Dean (USC, marine science)
Mr. Marsudi Triatmodjo (UGM, law)

MEETING TIMES & PLACES

The course meets jointly via videoconferencing normally 20:00-22:00 in Indonesia (GMT+7) and 08:00-10:00 in South Carolina (GMT-5) every Tuesday and occasional Thursdays February-April 2003. In early April there will be slight changes in meeting times due to commencement of daylight savings time in the United States. Individual course meetings will commence in South Carolina on Tuesday, January 14, 2003. The classes at different universities may meet separately from time to time in the US and Indonesia as determined by local instructors. Classes will meet at USC for videoconferencing in the USC Law Library Computer Lab Videoconferencing Room (Law Library 223). Classes will meet at UGM in the PHBK Videoconferencing Facility, at UI-Salemba in the PPS FHUI Videoconferencing Facility, at USU in the PPS (Bidang Hukum) Videoconferencing Facility in the Gedung Rektorat, and at UNDIP in the Videoconferencing Facility in the Gedung FH-UNDIP.

COVERAGE

Environmental concerns transcend national borders, but present distinctly different issues to differing groups of countries. For Spring 2003 we shall concentrate especially on ocean law and resources, covering an introduction to general international environmental law and policy, offshore resources (including offshore boundaries plus oil & gas claims, exclusive economic zone and fisheries , international regulation of highly migratory species fisheries, and indigenous rights) and shallow water or coastal development issues (including governance, mining, aquaculture, marine infrastructure and tourism from a legal perspective).

TEACHING MATERIALS AND CONTACTS

There is no printed, off-line text for this course, and we shall post all instructional materials in bilingual English and Bahasa Indonesia form on the course website accessed via the Law & Finance Institutional Partnership or LFIP website ( http://www.lfip.org ). Teaching faculty may distribute questions via the class LISTSERV in advance of class meetings to focus your attention on the relevant problems in materials for individual classes. You are expected to read all required instructional materials before class with a view to understanding and answering those questions, and are encouraged to read other linked materials identified as further background information. Most of the English language materials can be reached via link on external websites or on the course website, while the Bahasa Indonesia materials will eventually be available in translated form on the course website. There is also a course discussion site (whiteboard in the form of LISTSERV archives), linked through the course page, for discussions to follow up specific questions posed in class or more generally.

There are two other sources for you to consult. First, we shall be making digital recordings of teaching presentations (which we want to put on the website in streaming form for you to consult from time to time, although the streaming version of a class presentation probably will not be completed until 2-3 weeks after any particular class to give us time to prepare it). Second, we shall make available via the website digital recordings of certain speakers or programs which students should watch or listen to outside of class. Some are commercially produced documentaries or multimedia presentations, while others are interviews or similar materials specially produced for this class. They are intended as the equivalent of brown bag lunch or similar speakers at a law school to provide more information about special questions and a framework for the legal questions. You should view these presentations on your own, but feel free to comment upon them via course LISTSERVs.

We shall have a general English language course LISTSERV for all faculty and students ( laws-666@listserv.sc.edu ) to keep in touch generally, and two special LISTSERVs for students and faculty in both countries to carry on their internal discussions (in English for USC as lawcolu1@listserv.sc.edu and in Bahasa Indonesia for the Indonesian universities as lawindo1@listserv.sc.edu ). There is a further explanation on the course website under the LISTSERVs & Admin link concerning how to join and use these different LISTSERVs and the LISTSERV archives as whiteboard. You must join your two LISTSERVs to participate fully in this class, since the teaching faculty will use it like a bulletin board for announcements about reading assignments, etc. while students and faculty should use it to ask questions and carry on discussions outside our videoconferenced classes. For those of you unfamiliar with the LISTSERV concept, a LISTSERV is simply a system in which e-mail communications are sent to a single address and then distributed to all LISTSERV subscribers, while the archive is simply a site where you can see e-mails to the archive posted to a webpage one after another. Please consult the LISTSERV information page at http://listserv.sc.edu, and note that you can access the various LISTSERV archives from there. We shall ask teaching faculty to distribute via the LISTSERV their classroom powerpoint presentations as notes after class. We may also distribute other photocopied materials for class from time to time.

This course is part of a broader experiment to institutionalize shared and distance education courses between universities and across borders, so comments on the experiment are welcome as things develop. The primary contacts for comments at the different universities will be Prof. David Linnan at USC for law students ( linnan@law.law.sc.edu ), Prof. Dr. Hikmahanto Juwana ( hnot@indosat.net.id ) or Prof. Dr. Erman Rajagukguk (as Ketua PPS UI) at UI, Bpk. Darminto Hartono at UNDIP ( darminh@cbn.net.id ), Drs. Paripurna Sugarda ( parip@indo.net.id ) at UGM and Dr. Bismar Nasution ( bismarus@yahoo.com ) at USU. These persons are also the primary contacts for any administrative questions at the participating universities.

COURSE CONCEPT

International environmental law is a broad topic and complex, because it combines issues of the environment with an uncertain international law system. How is the law made in this area, by agreement as under treaties, or by action as in the case of customary law, or by means of what international lawyers refer to as soft law? How flexible are the rules, meaning which decisions are determined by "law" and which by "policy"? Who are the actors, and what are the economic interests at stake? This semester we shall look at international environmental law through the mirror of international marine law and policy. Indonesia is an archipelagic developing country which recently decided as a matter of national policy that it must better preserve and capitalize on its rich marine resources. This is a graduate level university course in Indonesia and the US, but also intended to provide a knowledge base for those officials in Indonesian government who are responsible for decisions in this area. Indonesian participation in the course will commence with a class taught by Prof. Dr. Rokmin Dahuri, Minister of Marine Affairs and Fisheries of the Republic of Indonesia, who himself studied marine science in Indonesia and Canada. Thus, Indonesian students will hear their own government's views on development of marine resources, while US students will learn directly how a foreign government views these questions.

This should also help us focus the course on policy and practical issues, since we desire to teach the course more by the problem method in focusing on particular practical questions and addressing the policy and legal issues in context (rather than organizing the course around legal doctrine). Beyond listed teaching faculty, we shall import US federal and state government officials as well as practitioners to speak. Meanwhile, we shall pair Indonesian and American speakers to explore differing perceptions of the issues. One benefit of the videoconferencing format is that we can draw upon visiting lecturers without regard to geographic location.

Our view of international environmental and marine natural resources law, particularly in the developing country context, is that it presents a complex of legal, scientific and economic issues. The legal issues are not limited to the ocean, because what occurs on land in coastal and riverine areas greatly affects natural resource-based industries like fisheries and tourism. There are policy trade-offs and important decisions to be made on the basis of uncertain knowledge, with the presumed goal being to establish sustainable use of natural resources plus legal certainty concerning the rules of the game.

The course will be organized as follows. For the first three weeks we shall study alone in the US, then the Indonesian universities join us at the beginning of February. We begin January 14 in the US with general material on international law and the development of international environmental law. Once the Indonesian universities join us, we shall spend a few weeks on a general introduction to marine ecology as the scientific basis of regulation. The course then will examine problems of offshore resources and associated issues for approximately one month (covering fisheries, oil and gas, etc.). The balance of the course will be devoted to inshore resource questions and various problems of integrated coastal management. The course will be taught predominantly by lawyers, but marine scientists will teach approximately one-third of the course because we want you to understand the law in its practical context rather than as doctrine. By course's end, you should understand the basic marine science plus economic issues within the legal framework applicable in this broad area.

GRADING AND PARTICIPATION

Grading will be organized locally at each participating university. No examination will be given to US students, but they will be required to complete individually two substantive legal problems during the semester on a take home basis (5-10 page answer for each problem), prepare in a small group a powerpoint or similar on-line presentation encapsulating one week's topic and must participate separately in a larger group project to be shared jointly with foreign law students or non-law USC students, culminating in a class presentation. Indonesian faculty at participating universities will decide how to evaluate students for academic credit or the award of course certificates at their own universities.


LAWS #666 Home