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Full-Text Articles in Law

The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck Feb 2016

The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck

James Houck

The paper begins by briefly surveying the extent to which the convention’s provisions intersect with United States interests in the Arctic. Not surprisingly, there is extensive overlap. The paper then reviews arguments that UNCLOS is irrelevant or even antithetical to achieving these important U.S. interests. After critiquing the anti-UNCLOS arguments, the paper examines the case for UNCLOS. The paper focuses in particular on U.S. interests on the Arctic seafloor, arguing that these interests are extensive and that accession would help avert a wide range of potential political, legal, and regulatory challenges from foreign governments and corporations. The possibility of such …


Images Of The Arctic And The Futures They Suggest, David D. Caron Mar 2011

Images Of The Arctic And The Futures They Suggest, David D. Caron

David D. Caron

Given as a lecture at the Library of Congress, my main theme is that the many discussions of the Arctic that we hear can be approached, perhaps understood, in terms of three images. Likely more than most of you, I have listened to numerous speeches regarding the Arctic and its future. In my experience, the speakers can be like ships passing in the dark – they come from different directions, they go different places, and they are concerned with themselves and somewhat unaware of the others. Some are optimistic about the opportunities that change brings; some fear such change. Needless …


The Oceans In The Nuclear Age, David D. Caron, Harry N. Scheiber Dec 2009

The Oceans In The Nuclear Age, David D. Caron, Harry N. Scheiber

David D. Caron

There are few moments which may be said to fundamentally alter the course of human events. The advent of the nuclear age in 1945 is clearly one of them. The nuclear age has many dimensions, the implications of which, seven decades later, are still unfolding. The oceans are not the focus of the nuclear age, but the affairs of the oceans are deeply woven into its history. This book considers how the nuclear age has affected the oceans and the legal regime of the oceans. The Law of the Sea of Institute undertook the Oceans in the Nuclear Age Project …


Stefan A. Riesenfeld, The Arctic And The Law Of The Sea, David D. Caron Dec 2007

Stefan A. Riesenfeld, The Arctic And The Law Of The Sea, David D. Caron

David D. Caron

In these remarks on what would have been the 100th birthday of Stefan A. Reisenfeld, I offer three images of the Arctic that are present in political and legal discussions today. With these images in mind, I comment on the relationships these images have with each other and with climate change.


Politics, Law And Three Images Of The Arctic, David D. Caron Dec 2007

Politics, Law And Three Images Of The Arctic, David D. Caron

David D. Caron

No abstract provided.


Canada And Russia In The North Pole: Cooperation, Conflict, And Canadian Identity In The Interpretation Of The Arctic Region, Nick J. Sciullo Dec 2007

Canada And Russia In The North Pole: Cooperation, Conflict, And Canadian Identity In The Interpretation Of The Arctic Region, Nick J. Sciullo

Nick J. Sciullo

The Arctic debate touches on a number of important international issues: national security, energy exploration and policy, environmental concerns, and maritime commerce are but a few. The North Pole, the Arctic more generally, is becoming increasingly important to a number of international actors as climate change causes ice to melt and the Arctic's waters become increasingly navigable. The pressure to lay claim to the Canadian North is intense, as countries clamor for the right to firmly plant their flags and lay the foundations for their military bases and research facilities.

Canadians must confront threats to sovereignty that they have not …