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“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 …
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 …
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
International Law Studies
In Al-Saadoon and Others v. Secretary of State for Defence, the High Court of Justice of England and Wales has found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially simply through the use by State agents of physical force against an individual. This article explains the judgment and places it in the context of the development of the law both in the United Kingdom and at the European Court of Human Rights (ECtHR). While it remains subject to appeal domestically and its approach may not be followed by the ECtHR, …
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
International Law Studies
No abstract provided.
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 International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
International Law Studies
No abstract provided.
The Universality Principle And War Crimes, Yoram Dinstein
The Universality Principle And War Crimes, Yoram Dinstein
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.
Soviet Interpretation And Application Of International Law, Oliver J. Lissitzyn
Soviet Interpretation And Application Of International Law, Oliver J. Lissitzyn
International Law Studies
No abstract provided.
The Nature Of The Nation·State System, David D. Warren
The Nature Of The Nation·State System, David D. Warren
International Law Studies
No abstract provided.
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.
Marine Mineral Resources: National Security And National Jurisdiction, Robert A. Frosch
Marine Mineral Resources: National Security And National Jurisdiction, Robert A. Frosch
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
Status Of Armed Forces Abroad, Wilfred A. Hearn
Status Of Armed Forces Abroad, Wilfred A. Hearn
International Law Studies
No abstract provided.
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.
Introduction To International Law As It Pertains To The Naval Officer, Wilfred A. Hearn
Introduction To International Law As It Pertains To The Naval Officer, Wilfred A. Hearn
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.
Recognition Of States And Governments, Brunson Macchesney
Recognition Of States And Governments, Brunson Macchesney
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.