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Articles 1 - 20 of 20
Full-Text Articles in Law
The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral
The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral
Dalhousie Law Journal
The European Union is not generally perceived as an Arctic power However, the ever-expanding list of EU competences implies that it will have both an interest in participating in the governance of the Arctic and the authority to do so, should the seven Arctic states agree to make room. This development holds both challenges and opportunities for Canada and other Arctic states. The challenges stem from the factthat the EU will seek topromote the economic interests ofits Member States in resource extraction and freedom of navigation where Canada and Russia, in particular, have asserted strong national policies. The opportunities lie …
Maritime Law, George Strathy
Maritime Law, George Strathy
Dalhousie Law Journal
This substantial work. written by three members of the faculty of the Marine and Environmental Law Institute at Dalhousie University, is part of the Irwin Law, Essentials of Canadian Law series. Running to just over 800 pages of text, it covers the waterfront, so to speak, of its subject matter. An indication of the scope of the text is reflected in the division of labour among the three authors. They co-authored an introductory chapter and each took responsibility for writing different chapters of the rest of the book. Edgar Gold, a former ship captain and a Master Mariner, has been …
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
Dalhousie Law Journal
Article 82 of the United Nations Convention on the Law of the Sea, 1982, provides a novel obligation in international law that is likely to become operative within the decade. It establishes an international royalty on production from the utilization of non-living resources (such as oil and gas) on the continental shelf beyond 200 nautical miles, but within the outer limit of a coastal state's jurisdiction. Producing states will have an obligation to make payments or contributions in kind that are calculated on the basis of an incremental rate applicable as from the sixth year of production and reaching a …
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache
Dalhousie Law Journal
In the late 1980s and early 1990s a number of factors and events coalesced to encourage the international community to re-examine high seas fisheries issues. The need to enhance the effectiveness of regional fisheries organizations led to the development of the 1995 United Nations Fish Stocks Agreement, dealing with straddling and highly migratory stocks. Both Canada and Australia played a significant role in the development of this agreement While having much in common, each state had different interests and concerns Canada's attention was focused on the problem of straddling stocks, while Australia 's interests have been primarily, though not exclusively, …
Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag
Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag
Dalhousie Law Journal
Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …
The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver
The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver
Dalhousie Law Journal
In 1994, frustration with the Pacific salmon dispute between Canada and the United States, caused the Canadian government to impose a transit fee on American fishing vessels. The author reviews the legality of the measure vis-avis three legal regimes: the United Nations Convention on Law of the Sea, the defence of countermeasures, and the defence of necessity. In addition, the effectiveness of retaliatory measures are examined in viewof recent developments. The author concludes by recommending a two-track strategy: an alliance with NativeAmerican groups as well as environmentalnon-governmentalorganizations.
Preface, Dawn A. Russell, Moira L. Mcconnell
Preface, Dawn A. Russell, Moira L. Mcconnell
Dalhousie Law Journal
As guest editors we are privileged to have the opportunity to create this special edition of the Dalhousie Law Journal. It is special for a number of reasons. First, the contributions reflect a specific decision on our part to explore the nature and meaning of events being experienced in Atlantic Canada's fishery from a variety of perspectives, of which law, traditionally privileged in law journals for its explanation of events, is perhaps the least important. Secondly the authors, many of whom are people who would not ordinarily write for legal publications, were given express carte blanche to contribute "think pieces" …
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 …
The Theory And History Of Ocean Boundary Making, Elizabeth Maruma Mrema
The Theory And History Of Ocean Boundary Making, Elizabeth Maruma Mrema
Dalhousie Law Journal
Over the years, Douglas Johnston has written and edited a large body of literature on the subject of ocean boundary making. The "functionalist" approach to ocean boundary which he presents in this book is obviously the result of his careful accumulation of knowledge and experience over many years' involvement with the topic as researcher and writer. While at Dalhousie University in Halifax he had significant and direct involvement with the Ocean Studies Program.
International Organizations And The Law Of The Sea: Documentary Yearbook, 1985, L C. Green
International Organizations And The Law Of The Sea: Documentary Yearbook, 1985, L C. Green
Dalhousie Law Journal
It was only to be expected that upon the adoption of the 1982 United Nations Convention on the Law of the Sea, there would be a plethora of publications, academic and otherwise, on various aspects of the law of the sea. What is perhaps not generally known is the number of international organizations that have occasion to issue documents relating to the law of the sea, and, even when it is known, these are in such a variety of places that it is almost impossible for any but the most determined researcher to seek them out. The Netherlands Institute for …
The Marine Transportation Of Hazardous And Dangerous Goods In The Law Of The Sea - An Emerging Regime, Aldo E. Chircop
The Marine Transportation Of Hazardous And Dangerous Goods In The Law Of The Sea - An Emerging Regime, Aldo E. Chircop
Dalhousie Law Journal
The transportation of hazardous and dangerous goods by road, rail, inland waterways, air and sea and also multimodally is a subject characterized by both interdependence and convergence of interests. The international community has been seized of this problem from many directions. It involves a wide range of actors and multidisciplinary challenges. It is submitted that a complex regime is in the making.
A Guide To Maritime Boundary Delimitation, Ted L. Mcdorman
A Guide To Maritime Boundary Delimitation, Ted L. Mcdorman
Dalhousie Law Journal
This is not a book for lawyers. This is not a book written by lawyers. It is a book written by hydrographers for hydrographers. However, because the book deals with maritime boundary delimitation it is a book of interest to an audience far beyond hydrographers, since ocean boundaries concern lawyers, political scientists, economists, sociologists, fishermen, resource-specialists and a wide range of other professionals.
The Northwest Passage: Arctic Straits, Ted L. Mcdorman
The Northwest Passage: Arctic Straits, Ted L. Mcdorman
Dalhousie Law Journal
This study, being the seventh volume of the International Straits of the World series and written by a distinguished alumnus of this Law School, is designed primarily for the non-Canadian or Arctic-specialist. Past volumes have covered such straits as Malacca and Singapore, the Northeast Arctic, Baltic, Gibraltar and Hormuz and each provide a discussion of the geography, uses and politics regarding the particular strait, as well as, a discussion of the significant legal issues that arise.
Canada's Arctic Jurisdiction In International Law, Donat Pharand
Canada's Arctic Jurisdiction In International Law, Donat Pharand
Dalhousie Law Journal
The purpose of this study is to make a brief overview of Canada's jurisdiction in the arctic regions, jurisdiction which has developed since the transfer of the Arctic Islands to Canada by Great Britain in 1880. The study will concentrate on Canada's jurisdiction over the water areas of the Arctic, but will also cover the status of the other areas involved. More specifically, the areas to be covered are: 1) the islands; 2) the continental shelf; 3) the waters in general; 4) the Northwest Passage; and 5) the airspace.
The Role Of The Oau Member States In The Evolution Of The Concept Of The Exclusive Economic Zone In The Law Of The Sea: The First Phase, C. Odidi Okidi
The Role Of The Oau Member States In The Evolution Of The Concept Of The Exclusive Economic Zone In The Law Of The Sea: The First Phase, C. Odidi Okidi
Dalhousie Law Journal
One of the main features of the Third United Nations Conference on the Law of the Sea (UNCLOS III) is the role played by the different regional and/or interest groups in the development of the various provisions of the Draft Convention, albeit "Informal" text, adopted at the end of the Resumed Ninth Session in August 1980.1 The groups, sometimes dictated by geography such as Africa, Asia, Latin America, Western European and Eastern European, are amalgams of various interest groups which embody their own contradictions. For example, Canada and Russia have seen themselves in different categories vis-a-vis other industrialized countries. Countries …
Proof Of Offshore Territorial Claims In Canada, Lawrence L. Herman
Proof Of Offshore Territorial Claims In Canada, Lawrence L. Herman
Dalhousie Law Journal
The territorial sea of Canada consists of a 12-mile belt of maritime space extending seaward from the Canadian maritime coastline. I By virtue of international law, this 12-mile maritime belt is considered to be part of the territorial domain of the littoral state.2 As a consequence, the legal limits of Canadian territory extend beyond the low water line along the coasts of Canada to include the area of the 12-mile territorial sea.
The Charting And Safekeeping Of Oceans And Waterways: Legal Implications, P. K. Mukherjee
The Charting And Safekeeping Of Oceans And Waterways: Legal Implications, P. K. Mukherjee
Dalhousie Law Journal
In the world of shipping and maritime affairs the task of charting the oceans and waterways is one, the indispensability of which cannot be overemphasized. Without nautical charts marine navigation would virtually come to a standstill. The apparent backstage role of chartmakers deserves more attention than is generally accorded them by the beneficiaries of the seas. Chartmaking basically consists of two disciplines, namely, hydrography and cartography. Hydrography is a science dealing with the description of the physical features and conditions of the waters of the earth's surface. Hydrographic surveying is the age-old art of collecting and collating all the data …
Canadian Perspectives On The Future Enforcement Of The Exclusive Economic Zone: A Paper In Diplomacy And The Law Of The Sea, Gerald B. Stanford
Canadian Perspectives On The Future Enforcement Of The Exclusive Economic Zone: A Paper In Diplomacy And The Law Of The Sea, Gerald B. Stanford
Dalhousie Law Journal
Canada's declaration of a 200 mile Exclusive Economic Zone (EEZ) in the forefront of a rush by coastal states to stake their claims to the resources of the seas and the extension of coastal state jurisdiction was considered by some to be pre-empting the outcome of the Third United Nations Conference on the Law of the Sea, (UNCLOS III). It is certainly contrary to the call of Ambassador Arvid Pardo in 1967 before the General Assembly of the United Nations, seeking the reservation of the sea-bed and its resources beyond the recognized boundaries of state jurisdiction as "the common heritage …
Marine Policy, Baz Edmeades
Marine Policy, Baz Edmeades
Dalhousie Law Journal
For a good many years, the major law reviews in Canada, the United States, United Kingdom and France have devoted a considerable number of their pages to problems of the law of the sea, as this topic has increased in importance and consequent concern among international lawyers. With this development came the appearance of a number of new law journals dealing with the law of the sea such as the Journal of Maritime Law and Commerce in 1969, Ocean Development and International Law in 1973, the Journal of Coastal Zone Management in 1973 to name but three. These and other …
Legal And Diplomatic Developments In The Northwest Atlantic Fisheries, Douglas M. Johnston
Legal And Diplomatic Developments In The Northwest Atlantic Fisheries, Douglas M. Johnston
Dalhousie Law Journal
Within the astonishingly brief timespan of five or six years, a fundamental change has been wrought in the international law of fisheries. Even to those only fleetingly familiar with current developments in the law of the sea, it is apparent that the establishment of 200-mile fishing zones in many parts of the world must signify a major legal change in the world of fishing. Indeed many of us have already become sufficiently accustomed to the new order that it may be useful to remind ourselves of the old order which has now yielded place to it. The classical approach to …