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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED QUALIFICATION:

Master of Laws in Ocean Governance

SAQA QUAL ID	QUALIFICATION TITLE
111123	Master of Laws in Ocean Governance
ORIGINATOR
Nelson Mandela University
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
CHE - Council on Higher Education			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
Master's Degree	Field 08 - Law, Military Science and Security		Safety in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	180	Not Applicable	NQF Level 09	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Reregistered		EXCO 0821/24	2019-08-16	2027-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2028-06-30		2031-06-30

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.

This qualification does not replace any other qualification and is not replaced by any other qualification.

PURPOSE AND RATIONALE OF THE QUALIFICATION

Purpose:
The purpose of the Master of Laws in Ocean Governance is to educate and train qualified law professionals to be in a position to contribute to the development of knowledge on ocean governance at an advanced level and to provide the wide range of ocean-governance legal services required to develop and sustain a sophisticated and thriving blue economy. To that end, the qualification will educate and train learners for advanced and specialised professional employment in fields which have been identified during the Operation Phakisa process as being priority fields, i.e. the legal aspects of marine spatial planning and the legal frameworks put in place to address maritime safety and security issues, inter alia with regard to the marine resources and shipping.

Rationale:
60% of the oceans are outside the maritime domains of coastal States and are therefore by definition a shared space. The remainder consists of areas that are to varying extents under the responsibility or jurisdiction of the coastal States, for instance with regard to shipping or through access to fishing grounds. These fundamental characteristics have led to the development of a framework of rules and institutions that strive to organise the way in which non-State stakeholders, including individuals, use the oceans.

The current international ocean governance framework is set out in the 1982 United Nations (UN) Convention on the Law of the Sea and involves a combination of jurisdictional rights, institutions and specific frameworks. To be effective, that framework requires complementary domestic frameworks for national ocean governance without which it is impossible to successfully tackle the many ocean challenges including, for instance, the safe and secure movements of vessels as well as the sustainable management of the oceans and their resources. In the latter regard, an example is the persistent problem of illegal, unregulated and unreported (IUU) fishing compounded by the lack of implementation of the relevant rules, gaps between and within the sector-specific agreements as well as insufficient coordination among actors and components which the UN Office on Drugs and Crime (UNODC) has started to address by embarking upon a number of programmes. At the continental level, those challenges are acknowledged, and action steps identified, in the 2050 Africa's Integrated Maritime Strategy, Agenda 2063 of the African Union and the 2016 Lome Charter on Maritime Security and Safety and Development in Africa which, as its title indicates, focuses primarily on maritime safety and security (see P Vrancken "The African perspective" in DJ Attard (ed) The IMLI Treatise on Global Ocean Governance (2018) 216-231). Finally, at the domestic level, the importance of sound ocean governance is stressed in the 2014 White Paper on the National Management of the Ocean (GG 37692 of 29 May 2014) and illustrated by the fact that, together with the marine protection services, it constitutes the focus area of one of the four labs during the Operation Phakisa: Ocean Labs process, which is ongoing since July 2014.

The above indicates the need to educate and train qualified law professionals in the ocean-governance-related advanced areas of specialised legal knowledge in order to enhance their professional employment and development opportunities as well as to increase the pool of qualified legal experts on which the wide range of ocean stakeholders are able to rely. This need arises because there are ocean-related areas of law and legal practice which are not dealt with at all, or in sufficient detail, during the Bachelor of Law Degree and, as a result, graduates lack the necessary expertise and professional knowledge in those areas.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Recognition of Prior Learning (RPL):
In terms of the University's RPL Policy, learners who do not meet the direct admission requirements as stipulated, but with relevant work experience related to the field of study may apply for RPL. RPL refers to formal assessment and acknowledgement of skills, knowledge and competencies acquired by means of work and/or life experiences. For learners who apply for admission via RPL, the following procedure applies:

The Head of the Department of Public Law appoints an assessor approved by the Faculty Management Committee.

Assisted by the assessor, the candidate submits a portfolio of evidence that seeks to demonstrate his or her competence to undertake the qualification. The portfolio can include: (a) formal and non-formal qualifications obtained (if any); (b) statement(s) from employers or other relevant line managers (or equivalent); (c) any research or position paper(s) completed; (d) any involvement in professional bodies relevant to the academic discipline; and (e) assessments and results of relevant formal and informal courses completed.

RPL can only be granted against explicit Exit Level Outcomes of the qualification. Depending on the extent to which the content of the portfolio matches the Exit Level Outcomes of the qualification, the assessor may recommend that the learner be admitted to the qualification.

Entry Requirements:
The minimum entry requirement for this qualification is:

Bachelor of Laws, Level 8.

RECOGNISE PREVIOUS LEARNING?

QUALIFICATION RULES

This qualification consists of the following compulsory and elective modules at NQF Level 9 totalling 180 Credits.

Compulsory Modules, Level 9, 150 Credits:

Research seminar (attendance module), 0 Credits.

Introduction to the Law of the Sea, 30 Credits.

Marine Spatial Planning Law, 30 Credits.

Maritime Safety, Search and Rescue Law, 15 Credits.

Maritime Security Law (civilian aspects), 15 Credits.

Treatise, 60 Credits.

Elective Modules, Level 9, 30 Credits (Select/Choose ONE):

Maritime Security Law (military aspects), 30 Credits.

Marine Resources Law, 30 Credits.

Maritime Law, 30 Credits.

EXIT LEVEL OUTCOMES

1. Access, organise, analyse and critically evaluate existing knowledge relating to the legal aspects of ocean governance and apply that knowledge in practical situations.
2. Apply intellectual independence and critical thinking in response to new legal issues arising in the field of ocean governance.
3. Select, design and apply an appropriate problem-solving approach to legal issues arising in the field of ocean governance at the domestic and international levels.
4. Engage in independent research and present findings in the form of a treatise on a topic selected among the legal aspects of ocean governance.

ASSOCIATED ASSESSMENT CRITERIA

Associated Assessment Criteria for Exit Level Outcome 1:

Legal instruments, case law and legal literature relating to the legal aspects of ocean governance are accessed, organised, analysed and critically evaluated.

Knowledge relating to the legal aspects of ocean governance is applied correctly to a practical situation.

Associated Assessment Criteria for Exit Level Outcome 2:

Intellectual independence and critical thinking is demonstrated when confronted with a new legal issue arising in the field of ocean governance.

Associated Assessment Criteria for Exit Level Outcome 3:

An appropriate problem-solving approach to a legal issue arising in the field of ocean governance both at the domestic level and at the international level is selected.

The selected problem-solving approach to a legal issue arising in the field of ocean governance is designed appropriately.

The selected problem-solving approach to a legal issue arising in the field of ocean governance is applied correctly.

Associated Assessment Criteria for Exit Level Outcome 4:

Appropriate findings on a legal aspect of ocean governance are based on adequate independent research and presented satisfactorily in the form of a treatise.

Integrated Assessment:
The qualification will be evaluated through both formative and summative assessments. Mixed-mode assessment will be implemented as a combination of continuous, diagnostic and Formative Assessment tasks and assignments as well as biweekly progress checks/tests, together with at least two formal summative assessments during and at the end of each module. At least one purposeful assessment per module, like an individual or group assignment, linked to factual or simulated scenarios will provide cognitive and reading, investigation and research. These activities will provide opportunities for reinforcement of key concepts (conceptualisation) in a variety of contexts (contextualisation). The learners will receive developmental feedback in all the cases of formative assessments and will be allowed to resubmit.

The final mark will consist of 50% class mark and 50% exam mark. The class mark will consist of the total of the marks awarded for various forms of summative assessment taking place on a continuous basis during and between the block release sessions, such as quizzes, multiple-choice tests, short assignments and long assignments. The final mark for the treatise is calculated so that the marks of the external examiner counts 50% and that of the internal supervisor, and co-supervisor where applicable, will count 50%.

INTERNATIONAL COMPARABILITY

The Master of Laws (LLM) in Ocean Governance is comparable to the other LLM qualifications in the field of marine/maritime law offered abroad (see e.g. the LLM in international maritime law at Swansea University and the LLM in the law of the sea at the Arctic University of Norway). At the same time, no other LLM qualification could be found anywhere in the world which offers an identical palette of modules and has as wide an outlook on the legal aspects of ocean governance. There is a Master of Arts (MA) in Ocean Governance offered by the University of Malta in collaboration with the International Ocean Institute. The qualification is unique in its approach. The MA qualification at the University of Malta enables learners to: (a) Learn about the strengths and weaknesses of the current scientific, technical, administrative and legal framework concerned with ocean governance; and (b) Comprehend key emerging legal and policy issues requiring an effective regulatory and institutional response and the political challenges to advance reform in ocean governance. The qualification enhances intellectual development through the comprehension of:
(a) qualitative and quantitative research methods applicable in the scientific, technical, administrative and legal dimension of ocean governance.
(b) the interdisciplinary and comparative approach to ocean governance-evaluation methods of current scientific knowledge, economic models, policy and legal tools.
(c) political thinking affecting the marine environment, marine living and non-living resources.
(d) anthropological and social aspects affecting the marine environment.

Learners who are successful obtained this qualification will be able to:
(a) Identify contemporary scientific, socio economic, policy and legal issues relating to ocean governance.
(b) Address underlying problems and learn from success stories in the regional and international governance of living marine resources.
(c) Apply legal instruments and management skills as a response to scientific information and technology as tools for good governance of the oceans.
(d) Apply thematic principles that aim at sustainability of the oceans' namely the ecosystem approach, the precautionary approach, the integrated approach in policy making and the negotiation/formulation of regulatory instruments.
(e) Apply the requisite and applicable legal framework in negotiation, decision-making and dispute settlement.
(f) Synthesise the fundamental steps for a multidisciplinary approach in policy making and regulation of sound ocean governance.
(g) Analyse the complexities of meeting stakeholders' competing interests in ocean governance; (h) Evaluate the options that lead to successful negotiation re the above.
(i) Analyse the requirements for effective conflict resolution and dispute settlement.

The qualification is delivered over 13 months of study and the taught component of the qualification composed of 12 study units that address the following topics:
(a) The contemporary definition of ocean governance.
(b) The marine environment: biological patterns, processes and resources.
(c) Qualitative and quantitative research methods.
(d) Marine resource economics and fundamentals of sustainability.
(e) Earth observation of marine/coastal processes and trends.
(f) The law of the sea.
(g) International marine dispute settlement.
(h) Regulating sustainable use of the oceans.
(i) Regulation and governance for the conservation of living marine resources.
(j) Contemporary threats to maritime security.
(k) The human element of maritime crime: migrant smuggling, human trafficking and stowaways.
(l) Ocean policy-making: a practical exercise coordinated by the IOI that provides learning through the application of tools elaborated upon in the other study units.

In addition, there is a research component which comprises the writing of a dissertation (approx. 25,000 words) on a topic related to ocean governance chosen by the student.

Finally, learners must have recognised bachelor's honours qualification (which the Board of Studies considers as appropriate), at second class or better or a Bachelor of Arts or Bachelor of Science in a relevant area of study.

ARTICULATION OPTIONS

This qualification allows possibilities for both horizontal and vertical articulation.

Horizontal Articulation:

Master of Laws in Maritime Law, Level 9.

Master of Laws, Level 9.

Master of Laws in Public Law, Level 9.

Master of Laws in Shipping Law, Level 9.

Master of Laws in Marine and Environmental Law, Level 9.

Vertical Articulation:

Doctor of Laws, Level 10.

MODERATION OPTIONS

N/A

CRITERIA FOR THE REGISTRATION OF ASSESSORS

N/A

NOTES

N/A

LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION:

NONE

PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION:

This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.

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