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Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
“Nationals” At Forty: From An Undefined Unclos Term To Due Diligence Obligations On The State Of Nationality To Combat Iuu Fishing, Arron N. Honniball, Valentin J. Schatz
“Nationals” At Forty: From An Undefined Unclos Term To Due Diligence Obligations On The State Of Nationality To Combat Iuu Fishing, Arron N. Honniball, Valentin J. Schatz
International Law Studies
Illegal, unreported and unregulated (IUU) fishing represents a global common concern, incorporating large-scale and highly mobile environmental, economic, and sometimes criminal, concerns. IUU fishing can result in dysfunctional fisheries governance, including through the non-application of relevant conservation and management measures. Non-application results, in part, from both incomplete implementation and insufficient enforcement by flag, coastal, port, and market States, and the States of nationality. This article focuses on the State of nationality that may exercise territorial and extraterritorial prescriptive jurisdiction on the basis of the active personality principle of jurisdiction. Firstly, global instruments have long held the State of nationality as …
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Ocean and Coastal Law Journal
People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize …
Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi
Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi
Ocean and Coastal Law Journal
When the Court of Appeals for the District of Columbia decided the case of United States v. Mosquera-Murillo, it created a circuit-split on whether individuals charged under the Maritime Drug Law Enforcement Act (codified as 46 U.S.C. § 705) are entitled to relief under the "Safety Valve" provision of 18 U.S.C. § 3553(f). The "Safety Valve" allows individuals who meet certain criteria to be sentenced according to the sentencing guidelines, regardless of any mandatory minimum sentences. This case note compares the holding of the Court of Appeals for the District of Columbia to the Eleventh Circuit's holding in United States …
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo
Ocean and Coastal Law Journal
Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious, …
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink
The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink
International Law Studies
The Arctic Sunrise case was brought unilaterally by the Netherlands against the Russian Federation under the United Nations Convention on the Law of the Sea on October 4, 2013 after the Russian Federation had boarded the vessel and arrested it and its crew. The article discusses the subsequent arbitral proceedings and in particular assesses the reasoning of the arbitral tribunal on the issue of hot pursuit. It concludes that the tribunal’s findings are controversial in several respects. Although the Russian Federation did not participate in the arbitration, it did issue a number of official statements and documents. The article provides …
On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner
On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner
Barry Law Review
This article examines the statistics concerning piratical incidents occurring in the year 2008 and their impact on the world economy. This article also reviews the total scope of sea piracy worldwide with regard to the number and type of incidents thereof, because Somalia is not the only place in the world where sea piracy occurs. Finally, this article analyzes the history of prescribing and enforcing a jurisdiction regarding the international law of sea piracy.
The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye
The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye
International Law Studies
No abstract provided.
The Development Of International Law With Respect To The Law Enforcement Roles Of Navies And Coast Guards In Peacetime, Ivan Shearer
The Development Of International Law With Respect To The Law Enforcement Roles Of Navies And Coast Guards In Peacetime, Ivan Shearer
International Law Studies
No abstract provided.
Identification Of Excessive Maritime Claims, J. Ashley Roach, Robert W. Smith
Identification Of Excessive Maritime Claims, J. Ashley Roach, Robert W. Smith
International Law Studies
No abstract provided.
Navigation In Exclusive Economic Zones, J. Ashley Roach, Robert W. Smith
Navigation In Exclusive Economic Zones, J. Ashley Roach, Robert W. Smith
International Law Studies
No abstract provided.
Overflight Restrictions, J. Ashley Roach, Robert W. Smith
Overflight Restrictions, J. Ashley Roach, Robert W. Smith
International Law Studies
No abstract provided.
The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley
The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley
Dalhousie Law Journal
The 1982 United Nations Law of the Sea Convention has not only codified the relatively scant corpus of international law relating to the rubrics of enclosed semi-enclosed seas, but it has also given some guidance toward the future evolution of this unique body of sea law. Accordingly the underlying thesis advanced by a number of distinguished authors at a conference - convened by the Inter-University Center in Dubrovnik - is that the Law of the Sea Convention does not represent a definitive or complete corpus of law; rather the general articles will acquire substance from state practice, bilateral agreements between …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)
UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465
IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)
THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …
Jurisdiction, Philip C. Jessup
The Deep Sea Resources, John D. Lewis
Authority To Use Force On The High Seas, Myres S. Mcdougal
Authority To Use Force On The High Seas, Myres S. Mcdougal
International Law Studies
No abstract provided.
The Soviet Navy And Ocean Law, Mark W. Janis
The Soviet Navy And Ocean Law, Mark W. Janis
International Law Studies
No abstract provided.
Special Aspects Of Jurisdiction At Sea, Brunson Macchesney
Special Aspects Of Jurisdiction At Sea, Brunson Macchesney
International Law Studies
No abstract provided.
Jurisdiction, Myres S. Mcdougal
New Issues And New Interest In The Law Of The Sea, Joseph B. Mcdevitt
New Issues And New Interest In The Law Of The Sea, Joseph B. Mcdevitt
International Law Studies
No abstract provided.
Index Volume 61 Role Of International Law And An Evolving Ocean Law
Index Volume 61 Role Of International Law And An Evolving Ocean Law
International Law Studies
No abstract provided.
International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie
International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie
International Law Studies
No abstract provided.
An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran
An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran
International Law Studies
No abstract provided.
Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn
Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn
International Law Studies
No abstract provided.
Index Volume 61 Role Of International Law And An Evolving Ocean Law
Index Volume 61 Role Of International Law And An Evolving Ocean Law
International Law Studies
No abstract provided.
Current International Law Problems Of The Navy, Joseph B. Mcdevitt
Current International Law Problems Of The Navy, Joseph B. Mcdevitt
International Law Studies
No abstract provided.
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. Admiralty
Employer is liable as a Pro Hac Vice Owner for Negligence of an Employee Engaged in Services other than Stevedoring
Submersible Oil Storage Facility use in Connection with Off-Shore Drilling is Classifiable as a "Vessel" within Provisions of Jones Act and General Maritime Jurisdiction
Exclusive Remedy Provision of the Puerto Rico Workmen's Accident Compensation Act does not apply to a Puerto Rican Citizen Injured outside the Territory of Puerto Rico
Determination of Unseaworthiness caused by Character of a Person Aboard is Limited to Crew Members' Condition
2. Common Market
European Community Directive Requires that in the Event of …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
ABSTRACTION AND USE OF WATER: A COMPARISON OF LEGAL REGIMES By Ludwik A. Teclaff
New York, United Nations Publications,1972. Pp. iv, 254. $5.50.
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CONSULATE OF THE SEA AND RELATED DOCUMENTS
By Stanley S. Jados
University, Alabama: The University of Alabama Press,1975. Pp. xvi, 326. $12.00
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FOOTSTEPS INTO THE FUTURE
by Rajni Kothari
New York: The Free Press, 1974. Pp. xxiii, 173. $8.95.
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THE FUTURE OF INTERNATIONAL FISHERIES MANAGEMENT
Edited by H. Gary Knight
St. Paul, Minnesota: West Publishing Co., 1975.Pp. xiii, 253. $14.00.
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THE ILLEGAL DIVERSION OF AIRCRAFT AND INTERNATIONAL LAW
By Edward McWhinney
Leiden: A.W. …