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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Master of Laws in Marine and Environmental Law 
SAQA QUAL ID QUALIFICATION TITLE
116426  Master of Laws in Marine and Environmental Law 
ORIGINATOR
University of Cape Town 
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  Justice 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  2021-07-01  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 primary purpose of the qualification is to provide specialised professional knowledge to equip members of the legal profession better. The education will produce learners with expertise in Marine and Environmental Law. Learners will develop knowledge in core areas of Marine and Environmental Law and be able to apply the principles of Marine and Environmental Law while developing professional research skills to analyse and critique.

Rationale:
Domestic legal frameworks naturally focus on regulating issues within a country's sovereign territory. Marine and environmental issues (whether they be marine pollution incidents, over-fishing, climate change, trafficking in rare and endangered species) traverse these sovereign divides and therefore require international and regional approaches to solving them. These approaches has seen the rapid growth in international conventions and regional instruments in the past few decades governing a broad range of marine and environmental issues including marine pollution, marine living and non-living resources; the Antarctic region; biodiversity; protected areas; nuclear facilities; transboundary movement of waste; climate change; shared watercourses - to name a few.

The rise of this international and regional legal dispensation has brought with it a need for increased capacity amongst the broad range of relevant policymakers and institutions tasked with negotiating, shaping and implementing it. Given its growth and increasing complexity, there is a need to educate and train professionals engaged in the above international and regional marine and environmental legal enterprise. The Professional Masters in Marine and Environmental Law aims to fill this void by providing them with the knowledge and expertise to operate within the relevant international and regional fora and give domestic legal effect to any commitments contained in conventions, instruments and decisions emanating from them. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Recognition of Prior Learning (RPL):
The institution conducts RPL in terms of the policy and guidelines of the institution to recognise other forms of formal, informal and non-formal learning and experience.

In cases where learners do not comply with the formal admission requirements, the institution applies its RPL policy.

Entry Requirements.
The minimum entry requirement for this qualification is a:
  • Bachelor of Laws, NQF Level 8, 480 Credits. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

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

    Compulsory Modules, 120 Credits:
  • International Law of the Sea, 30 Credits.
  • International Environmental Law, 30 Credits.
  • Research Projects (Marine and Environmental Law), 60 Credits.

    Elective Modules, 30 Credits (Choose/Select one):
  • Principles of Environmental Law, 30 Credits.
  • Land Use Planning Law, 30 Credits.
  • Natural Resources Law, 30 Credits.
  • Pollution Law, 30 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Demonstrate knowledge of Marine Law (specifically issues relating to international law of the sea, marine pollution, marine resource management, civil liability and compensation); Environmental Law (and it's myriad of sectoral laws governing land use planning, pollution, natural resources); and the many different areas of law which intersect with it in practice, such as international law, constitutional law, administrative law, criminal law and the common law.
    2. Apply the law to practical situations.
    3. Demonstrate a problem-solving approach to the resolution of disputes which arise in Marine and Environmental Law.
    4. Research independently, to evaluate critically, to write articulately and accurately.
    5. Demonstrate competence in performing research projects which demonstrate professional expertise.
    6. Demonstrate intellectual independence in Marine and Environmental Law and legal practice.
    7. Demonstrate a heightened awareness of ethical issues arising in Marine and Environmental Law and practice.
    8. Articulate and communicate professional solutions arising out of practical Marine and Environmental Law issues.
    9. Know the area of law; its theoretical and policy underpinnings, its sources, its current political, economic and social context, its historical origins, and current domestic and international developments in practice in this specialist area of law.
    10. Research this specialist area of law independently, including conducting comparative research where appropriate.
    11. Evaluate critically the policy underpinnings of this specialist area of law; the degree to which the law succeeds in achieving its policy objectives, and its suitability for current circumstances.
    12. Analyse fact complexes to identify legal issues arising in practical legal disputes, and to analyse areas for law reform within the field.
    13. Apply knowledge and understanding of the law to generate either options for the resolution of such disputes or proposals for law reform.
    14. Take into account non-legal considerations that may weigh in deciding on an appropriate resolution of legal disputes. Support the learner in developing an independent, reasoned, and pragmatic approach to creative problem solving relevant to Marine and Environmental Law issues, which considers the national, socio-political, economic, financial, corporate and legal interests/implications of Marine and Environmental Law, practice and policy.
    15. Construct arguments to persuade as to the appropriateness of either particular resolutions of legal disputes or law reform.
    16. Communicate, both orally and in writing, such understanding of the law and solutions legal problem to provide professional legal advice as to the resolution of disputes or as to law reform.
    17. Think independently.
    18. Be aware of ethical issues. 

    ASSOCIATED ASSESSMENT CRITERIA 
    The following Associated Assessment Criteria will assess the Exit Level Outcomes in an integrated manner:
  • Know the area of Marine and Environmental Law.
  • Understand its theoretical and policy underpinnings.
  • Be familiar with its sources.
  • Understand its context (environmental, political, economic and social).
  • Know its historical origins and development.
  • Know domestic and international developments and trends in practice and policy in the area of Marine and Environmental Law.
  • Identify and demarcate research issues or themes appropriately.
  • Access a comprehensive range of current literature and research in commercial law.
  • Analyse and accord this literature and research appropriate weight as an authority.
  • Plan and conduct the research using a range of research methods and techniques appropriate for a professionally relevant research task.
  • Ensure that selected research methods and techniques show evidence of a clear understanding of relevant research theory and professional practice.
  • Ensure that the presentation of the results of such research critically and coherently describes theoretical arguments, the research process, methodology, results, conclusions and recommendations relevant to a professionally relevant research task.
  • Identify and critically engage with the policy underpinnings of Marine and Environmental Law.
  • Evaluate critically the degree to which the law succeeds in achieving its policy objectives.
  • Identify shortcomings in the policies or the law that may suggest a need for reform.
  • Generate reform proposals designed to achieve identified policy objectives.
  • Analyse the problems and issues raised.
  • Reflect a purposeful and critical application of advanced theory, current knowledge and expertise in Marine and Environmental Law for particular professional purposes.
  • Analyse the facts.
  • Identify legal issues raised by such fact complexes.
  • Identify and apply appropriate skills, strategies and techniques following corresponding theoretical assumptions in the specialist area of law.
  • Ensure that research and intervention include the appropriate and creative use of tools and data relevant to Marine and Environmental Law.
  • Ensure that proposed interventions and recommendations reflect purposeful and creative plans to seek solutions based on theory and proven methods in Marine and Environmental Law.
  • Apply the results of research.
  • Show skill in extrapolating key findings, justifiable conclusions, and, where applicable, making feasible recommendations.
  • Demonstrate an awareness of non-legal considerations, such as national, socio-political, economic, financial, corporate and legal interests/implications in the area of law, practice and policy that may weigh in deciding on an appropriate resolution of legal disputes or determining solutions to identified problems.
  • Demonstrate an ability to construct logical and persuasive legal arguments, based on fully articulated reasoning and reference to appropriate authorities and sources, for proposed pragmatic solutions to problems.
  • Demonstrate abilities to communicate both orally and particularly in writing, clearly, accurately and succinctly, in language and a form of written communication appropriate to the target audience.
  • Demonstrate ability to thinking independently.
  • Demonstrate a high-level awareness of ethical issues raised.
  • Demonstrate an ability to identify strengths and weaknesses in work produced in achieving its objectives and ways it could be improved to enhance effectiveness and professionalism.

    Integrated Assessment:
    The assessment policy for the Professional Master's in this specialist area of Marine and Environmental Law is in light of the Assessment Policy of the institution. The policy incorporates integrated assessment utilising the following criteria: validity, reliability, academic integrity, transparency, fairness, achievability and timely feedback. Each module within the specialist qualification includes more than one assessment opportunity and the use of more than one type of assessment opportunity (prepared and unprepared written tests, oral examinations, oral presentations, written assignments, online assessments) is provided for. Each module includes elements of formative and summative assessment and a final grade of 50% or higher is required to complete each module. Forms of assessment will be practically oriented, rather than dominated with theory. The assessment policy is to test a student's ability to understand and professionally apply the law. 
    		•

    INTERNATIONAL COMPARABILITY 
    This qualification compares with the following international qualifications in terms of the range of competencies in the learning content offered.

    United Kingdom:
    The Universities of London and Cambridge (among others) award the LLM qualification on the completion of four courses. Extract from the University of Cambridge website: "The Cambridge LL.M. is a one-year taught qualification. Learners are required to take four courses (or 'papers') in total. The course offerings are sufficiently varied to enable learners to pursue a wide range of interests. Some learners elect to obtain a general LL.M., choosing papers from various unrelated legal fields. Others choose to specialise in commercial, European or international law, taking at least three papers in one of these areas to receive a designation to their LL.M. indicating the specialism pursued.

    Scotland:
    The School of Law at the University of Aberdeen has introduced two new Masters Qualifications offering learners the opportunity to develop advanced legal professional skills. The new expert-led qualifications are the LLM Oil & Gas Law with Professional Skills and the LLM International Commercial Law with Professional Skills. Instead of the dissertation component that focuses on legal analytical skills in a traditional LLM qualification, the learners instead attend a summer course that focuses on specific professional skills relevant to the subject area. In the Oil and Gas Law qualification, the learners will participate in the simulations of the commercial decision-making process for hydrocarbon development, with the focus on the legal and regulatory dimensions. In the International Commercial Law qualification, the learners will participate in an arbitration exercise, with learners not only preparing an arbitration case to be heard but also acting as arbitrator and delivering an award. These developments reflect a recognition that while many learners and employers continue to want a traditional LLM, including the independent research and critical analytical skills developed especially by the dissertation, others are looking for the opportunity to develop other practical skills specific to particular areas of legal practice. 

    ARTICULATION OPTIONS 
    This qualification offers both possibilities of horizontal and vertical articulation.

    Horizontal Articulation:
  • Master of Laws in Maritime Law, NQF Level 9.
  • Master of Laws in International Law, NQF Level 9.

    Vertical Articulation:
  • Doctor of Laws in International Law, NQF Level 10.
  • Doctor of Laws, NQF 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.
     
    1. University of Cape Town 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.