Law Commons^™

Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Seeking Asylum In A Modern Society: Global Responses To Latin American Migration, Rebecca Dickinson

Senior Honors Projects

The United States is no stranger to asylum seekers and refugees. The most famous seaport in the country houses a 305-foot-tall statue of a woman bearing a torch with words from the poem The New Colossus by Emma Lazarus etched at her feet: “‘Give me your tired, your poor, /Your huddled masses yearning to breathe free.’”^[1] The Statue of Liberty is a symbolic representation of open arms to immigrants from all walks of life. But if everyone is welcome, why do so few actually gain entrance?

US interventionism policies in the 20th century have defined the lives of millions …

Decriminalization Of Prostitution: The Soros Effect, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full decriminalization …

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal of Analysis of Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and …

Amnesty International's Empty Promises: Decriminalization, Prostituted Women, And Sex Trafficking, Darren Geist

Dignity: A Journal of Analysis of Exploitation and Violence

Through a close examination of Amnesty International’s (Amnesty) own arguments and sources, this paper demonstrates that Amnesty’s proposal to decriminalize prostitution or “sex work” will harm those it claims to help. It concludes that the best available evidence indicates that decriminalization of prostitution would: increase sex trafficking, leave prostituted women or “sex workers” more vulnerable to violence, and reduce access to healthcare, protection, and services. Prostituted women primarily enter the industry at a young age, often suffering from a history of sexual and physical abuse, coming from marginalized and vulnerable communities, and driven by emotional and economic desperation. It is …

A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola

Theses and Major Papers

During the mid-1980's, the crisis in marine insurance and growing concern over fishing vessel safety combined to stimulate passage of the Commercial Fishing Industry Vessel Safety Act of 1988. This law was enacted with the goal of improving the overall safety of commercial fishing industry vessels. However, the Act as passed by Congress contained no provisions for marine insurance reform. As a result, the commercial Fishing Industry Vessel Safety Act offered little incentive for the industry to improve upon its dubious safety record. With the exception of self-insurance clubs, the vast burden of implementing the Act has fallen upon the …

Federal Legislation Needed To Improve Towing Vessel Safety, Paul J. Keenan Jr.

Theses and Major Papers

To the casual observer, towing vessels and barges, with their low profile and unassuming presence, may seem to be an uninspiring and small part of the shipping scene. However, tank and dry cargo barges actually carry sixty-nine percent of our nation's domestic waterborne commerce. Regulations for large ships, especially oil tankers, have touched every aspect of the shipping industry, including naval architecture, engineering, damage control, manning, training, licensing, etc. Towing vessels and barges however, have largely managed to escape the proliferation of regulation. Current legislation does not provide for the inspection of sea-going towing vessels under three hundred gross tons …

Maritime Fisheries Enforcement Analysis Of The Nmfs Northeast Region, John Thomas Davis

Theses and Major Papers

The success or failure of fishery management plans (FMP's) is dependent upon many factors. One of those factors is the level of compliance to the regulations implementing the conservation and management decisions of the FMP's that is achieved. Although compliance with regulations does not guarantee the success of management efforts, failure to ensure adequate compliance with management objectives results in failed conservation and management efforts. Enforcement is a crucial element towards achieving conservation and management goals. The objective of this paper is to analyze the maritime fisheries enforcement system in the geographic bounds of the national marine Fisheries Service's (NMFS) …

The Expanding Role Of State Government In Oil Pollution Prevention Through Regulation Of The Coastal Tug And Barge Industry, Elise Erica Golden

Theses and Major Papers

The Oil Pollution Act of 1990 was enacted by Congress in order to streamline the legislative and regulatory framework governing oil spill prevention, liability, and response. However, in the six years since this law was enacted, a proliferation of oil pollution prevention laws have been enacted at the state level. Many of these state laws directly target the oil transportation industry, and such legislation has ignited controversy among marine safety experts as to the appropriate role of state government in preventing oil spills through industry regulation. This thesis examines one such law, recently enacted by the State of Rhode Island …

Atlantic Bluefin Tuna Management, Jeffrey C. Fisher

Theses and Major Papers

The International Commission for the Conservation of Atlantic Tunas (ICCAT) and federal management under the U.S. National marine Fisheries Service (NMFS) has certainly been contentious. Atlantic bluefin tuna have been managed at the international level by ICCAT for the past 25 years. NMFS is the organization responsible for implementing ICCAT recommended conservation and management measures in the United States. In an attempt to halt an apparent decline in the abundance of bluefin tuna in the western Atlantic, ICCAT has recommended strict management measures including catch quotas, minimum sizes, "no-sale" provisions, and spawning area protection since 1981. ICCAT had recommended in …

The Ocean Research Vessel Act Of 1965: An Inequitable Result Suggests Reevaluation, Philip Alan Sacks

Theses and Major Papers

In 1965 Congress passed the ocean Research Vessel Act (ORVA) with the purpose of encouraging the nation's efforts in oceanographic studies. Section 4 of the ORVA states that "scientific personnel on an oceanographic research vessel shall not be considered seamen under the provisions of title 53 of the Revised Statues...". As a result of a literal interpretation of this wording, the Courts have ruled that scientific personnel are excluded from the beneficial remedies afforded all other seamen under the Jones Act. Some courts have also denied an injured scientist "seaman status" under the general maritime law. This paper argues that …

Assessing The Impact Of Amendment 2 To The Summer Flounder Fishery Management Plan: Implications Of State-By-State Quotas For Vessel Operators, Karen Ellis Greene

Theses and Major Papers

The state-by-state quota regulation contained in Amendment 2 to the Summer Flounder Fishery Management Plan became effective on January 1, 1993. The research sought to determine the implications that the state-by-state quotas have imposed on federal summer flounder permit holders. commercial fishermen were believed to have landed their summer flounder out-of-state to take advantage of more favorable possession limits in other states, and to have accrued higher costs as a result of their decisions to land out-of-state. A survey was administered to commercial fishermen in Massachusetts, Rhode Island, and North Carolina, to ascertain behavioral changes, as a result of state-by-state …

North American Sea Urchin Fishery Management Strategies: Their Applicability To The Maine Green Sea Urchin Fishery, Kate Sullivan

Theses and Major Papers

The Maine green sea urchin fishery has experienced dramatic growth since its inception in 1987. Landings have increased from 1.4 million pounds in 1987 to 41.6 million pounds in 1993 (NMFS, Fisheries Statistics). The reproductive gonads, referred to as roe or 'uni' are shipped fresh from Maine to japan, where the uni is a delicacy item fetching high unit prices on the Japanese fish market. The green sea urchin from Maine, Strongylocentrotus droebachiensis, is the third highest priced sea urchin product imported in Japan (Anon., 1989). Country-wide, sea urchin fisheries are one of the fastest growing fishing industries (Phu, …

Towing Vessel Safety: Analysis Of Congressional And Coast Guard Investigative Response To Operator Involvement In Casualties Where A Presumption Of Negligence Exist, Paul J. Cormier

Theses and Major Papers

Legislation proposed by members of the 103rd Congress to address towing vessel safety resulted from three focusing events. The proposed legislation was not passed. There is a continuing need to address the human element in marine casualties. Prevention through enforcement is a viable solution to some human causal factors. Numerous personnel investigations which should have been initiated following towing vessel groundings during 1992 and 1993, were not pursued; despite a presumption of negligence that exists in grounding cases. Due to the presumption, all groundings, and particularly those attributed to human factors during a casualty investigation provide sufficient reason to initiate …

The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase

Theses and Major Papers

There is an increasingly powerful and vocal group coalescing in society today, sometimes described as anti-environmentalists or Property Firsters, who feel that the government has exceeded its authority in interfering with individual rights for the purpose of protecting natural resources. Regardless of any personal convictions regarding this often emotionally-charged issue, people involved in coastal management and planning should be aware of the changes in legal doctrines which have come about as a result of "property first" challenges to regulatory or zoning statutes. These challenges have been pursued successfully in the courts by characterizing state and local land use ordinances as …

The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr.

Theses and Major Papers

The controversy between Japan and Russia over the ownership of the Kuril Islands is a significant barrier to improved diplomatic relations in the Far Eastern region. Because of this dispute, Japan and Russia have not yet signed a peace treaty to formally end the second world war and neither side seems willing to make any significant concessions to reach a compromise. The issue of ownership of these islands has been a continuing focal point of Russo-Japanese relations since the two nations first made contact in the late eighteenth century. The various aspects of this dispute are complex and have continued …

Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi

Theses and Major Papers

This paper will examine the evolving role of the port State with regard to the enforcement of international safety of life at sea and pollution control standards and its effect on improving maritime safety and reducing vessel-source pollution. Chapter 2 will analyze the flag State enforcement regime, with particular emphasis on flags of convenience or open registries countries demonstrating the inadequacy of flag State enforcement and the need for port State control. Chapter 3 will examine the concept and legal requirements of the port State control regime. Chapter 4 will focus on the role of the port State with respect …

Merchant Vessel Crew Levels: An American Perspective, Douglas A. Nemeth

Theses and Major Papers

This paper, with an emphasis on policies of "effective manning," provides a critical appraisal on the issue of crew levels aboard large merchant vessels (those greater than 1,000 gross tons). Non-traditional approaches to crew organization and management are discussed. Special regard is made to addressing the various domestic and international laws, regulations, and conventions that pertain to ships' manning. The relationship between the seafarer and ships' safety is emphasized as it pertains to reduced crew size. It is argued that U.S. manning laws and regulations should be amended to permit not only smaller crews, but organizational changes aboard ship that …

Problems Of Fisheries Management On The Patagonian Shelf: A Decade After The 1982 Falklands (Malvinas) Conflict, Gustavo A. Bisbal

Theses and Major Papers

The armed conflict between Argentina and Britain over the Falkland Islands (Islas Malvinas) early in 1982, resulted in a confusing partition of the maritime area around these islands. The military strategies and policies developed by both countries during and after the war created an unclear situation regarding limits and jurisdictions, thus delaying managerial actions and regulation enforcement over the fishing resources of the area. Several foreign fishing fleets operating in the region at the time, took advantage of the lack of protective legislation and recognized authority, resulting in overfishing of species such as squid and hake. No significant control was …

The Politics Of Tidelands: A Case Study Of The Massachusetts Chapter 91 Program, Jane Mcnally Wright

Theses and Major Papers

The Massachusetts Chapter 91 Waterways Program is a licensing program through which the Commonwealth carries out its responsibilities under the Public Trust Doctrine. It was unclear when this study was undertaken whether public participation in the program development process resulted in a different program than the draft program the state originally proposed in 1986. This qualitative case study was developed based on hundreds of pages of letters, comments and testimony from the public, press clippings and interviews. The primary finding is that public participation, particularly from so-called special interest groups, resulted in a final program which was significantly different from …

Dredging In The United States, Claude R. Newton

Theses and Major Papers

The original intent of this paper was to examine the role of the United States Army Corps of Engineers and their monopolistic hold on the dredging industry in the United States. How did the Corps of Engineers become the experts in this maritime environment? Why did not the Navy acquire this marine related related activity? to the naive observer, it may seem more logical to have this aspect of marine activity in the hands of the United States Navy, or even the United States Coast Guard. To have this seemingly marine activity under the control of the U.S. Army seems …

An Evaluation Of Noaa's Role In Ocean Dumping Policy Implementation, Kenneth W. Barton

Theses and Major Papers

Dumping of wastes into the ocean has gone on for years especially in the New York Bight. The National Oceanic and Atmospheric Administration (NOAA) is mandated by Title II of the Ocean Dumping Act of 1972 to investigate the effects of ocean dumping on the marine environment. However, there is a perception within Congress, the public and other agencies that NOAA is not meeting it's responsibilities with regard to ocean dumping research. The effectiveness of NOAA's ocean dumping policies and programs and the difficulties in implementation experienced by the agency are evaluated by applying George Edwards' theory of policy implementation. …

Enforcement In The Exclusive Economic Zone: Harmonizing National Legislation With Special Reference To Asean States, Rayner Stuel Galid

Theses and Major Papers

The 1982 Third United Nations Convention on the Law of the Sea provides only broad guidelines for many matters. One such area is in the provision of enforcement rights to the coastal State in the exclusive economic zone (EEZ). Thus, the specifics have to be worked out by the concerned nations in their domestic legislation. This expansive latitude may occasion the lack of uniformity in coastal States' EEZ laws and regulations. These different legislation may foster incompatible enforcement policies on the part of the coastal States which in turn may cause international friction. Harmonization of laws is the deliberate alignment …

The South Pacific Nuclear Free Zone Treaty, Susan Ware

Theses and Major Papers

The South Pacific Nuclear Free Zone Treaty was opened for signature on August 5, 1985, on the 40th Anniversary of the Bombing of Hiroshima. The Treaty prohibits Party states from controlling or assisting in the manufacture of nuclear explosive devices and from allowing devices not in their control stationing within their territory or land space. The Protocols to the Treaty enjoin the nuclear weapon sates and the states with territories within the Zone to adhere to the principles of the Treaty and to refrain from control or use of any nuclear explosive devices within the Zone. The principle concern of …

Oil Spill Liability And Compensation: A Review Of The Existing Mechanisms And A Look At The Future, Gary A. Reiter

Theses and Major Papers

This study provides an examination of the existing United States Federal laws and international regimes regarding oil spill liability and compensation, and the manner in which they have been implemented by regulation and policy. The presentation concludes with discussion of and arguments concerning various proposed Federal comprehensive liability and compensation legislation. Emphasis is placed on the unsuccessful legislative proposals of the 99th Congress and the effects that similar legislation, if passed by the 100th congress, may have on current response policies and Federal and state governments. In particular, the effects of the proposed legislation on state's sovereignty and response operations …

Study Of The Ocean Transportation Of Chemicals, Joseph A. Meyertholen

Theses and Major Papers

The growth of the chemical industry over the past 30 years has contributed significantly to the increased volume of hazardous cargo transported by ocean vessel. The properties of some chemicals in commerce, particularly intermediate products, are such that their movement represents a risk to society in terms of environmental damage, bodily injury, and carcinogenic effects that may not surface for years. This study traces the development of the ocean chemical transportation system with emphasis on the technology, management and regulatory regime that has evolved to control these risks. Selected incidents involving hazardous chemical cargoes are reviewed, highlighting the industry and …

Licensing Of The U. S. Maritime Personnel: The International Impacts, Warren G. Schneeweis

Theses and Major Papers

This paper examines the international and Federal efforts to enhance safety at sea and the protection of the marine environment through the development of standards to improve the training and strengthen the professional qualifications of seafarers. Special regard is made to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, signed by the United States in 1979, and to the proposed amendments to the Federal regulations for licensing U. S. maritime personnel which will bring the U. S. licensing scheme in general conformance with that Convention. This research should lessen resistance to U. S. ratification of …

A Multidisciplinary Analysis Of The Imposition Of Countervailing Duties On Canadian Groundfish Imports, Richard A. Pearson

Theses and Major Papers

This thesis provides a multidisciplinary analysis of the circumstances which surrounded the successful imposition of a countervailing duty on whole Canadian groundfish, and indicates what implications this action may have for the future. First, it will situate the countervailing duty investigation in terms of its relationship with U.S. statutes, and also with the Nation's international obligations. Then, the impact of the duty is examined to see how it might affect a potential free trade agreement with Canada. Similarly, the thesis projects what effect the duty will have in establishing a precedent, and assesses the likelihood of imposing similar duties on …