Law Commons^™

Judicial And Arbitral Proceedings And The Outer Limits Of The Continental Shelf, John E. Noyes

Faculty Scholarship

This Article explores when international third-party dispute settlement forums may hear cases concerning the outer limits of a continental shelf beyond 200 nautical miles from baselines. The 1982 Convention on the Law of the Sea articulated determinate rules for establishing those limits and created an institution-the Commission on the Limits of the Continental Shelf-to make recommendations concerning them. Limits set by coastal states "on the basis of" such recommendations "shall be final and binding." Yet the Law of the Sea Convention's third-party dispute settlement system may also apply to outer limits questions concerning the Arctic Ocean and other oceans.

International …

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

Articles

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime.

There is less agreement, however, in how …

Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.

Marine Protected Areas: Legal Framework For The Gully Off The Coast Of Nova Scotia (Canada), Paul Mcnab, David Vanderzwaag

Articles, Book Chapters, & Popular Press

The Gully, a submarine canyon hosting a rich diversity of marine life off Nova Scotia, was designated in 2004 under Canada’s Oceans Act 1996 as a marine protected area (MPA). This case study reviews the Gully MPA legal and management framework through a five-part discussion. First described is the overall Canadian law and policy context for establishing MPAs. Next, specific legislative and regulatory provisions governing the Gully MPA are summarized including the three types of management zones adopted, ranging from strict preservation to multi-use. Management approaches to control human activities in and around the MPA are then described, with a …

Issues Associated With The Implementation Of Article 82 Of The United Nations Convention On The Law Of The Sea, Aldo Chircop, International Seabed Authority

Reports & Public Policy Documents

The 1982 UN Convention on the Law of the Sea (the Convention) is the most important international regime governing the oceans. It covers a wide range of issues, including navigational rights, protection of the marine environment and, relevant for this paper, jurisdiction over living and non-living marine resources. The Convention entered into force in 1994 and, as of October 2009, 158 States and the European Community were parties to the Convention. Of the major powers, only the United States has yet to accede to the Convention, though there are indications it may soon join as well.