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Selected Works

Ocean Law and Policy

Articles 1 - 27 of 27

Full-Text Articles in Law

Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire Jan 2015

Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire

Chad J McGuire

Our climate is changing. And the trend of this climate change shows the earth is, on average, getting warmer. We in New England emerged from a very cold winter in 2014 making it hard for us to see (and thus believe) the earth is getting warmer. But this is the trick of cli- mate change: The pattern of overall warming is hard to see on a day-to-day basis. We tend to judge our climate through experiencing our local weather patterns: When the weather is cold like it has been in our region over the past winter, it is hard for …

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Thinking Ahead: The Impacts Of Sea Level Rise On Coastal Landscape Protections, Chad J. Mcguire, Devon Lynch May 2013

Thinking Ahead: The Impacts Of Sea Level Rise On Coastal Landscape Protections, Chad J. Mcguire, Devon Lynch

Chad J McGuire

The purpose of this article is to highlight the impact of sea level rise on coastal landscape protections. To begin, a summary is provided of how coastal land is both utilized and protected. The utilization of coastal land includes a discussion of the values associated with coastal zones, including the development value of coastal land and the intrinsic ecological values that exist within coastal landscapes. From this summary, the issue of coastal landscape protection is discussed in relationship to sea level rise. This discussion focuses on two main choices relative to sea level rise response: staying at the coastline or, …

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Navigating The Law: Professors Caron And Scheiber Pilot The Law Of The Sea Institute Through The Shoals Of International Legal Issues, California Magazine Pp 43-48, Vicki Haddock Dec 2011

Navigating The Law: Professors Caron And Scheiber Pilot The Law Of The Sea Institute Through The Shoals Of International Legal Issues, California Magazine Pp 43-48, Vicki Haddock

David D. Caron

No abstract provided.

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Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris Dec 2011

Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

The goal of this article is to provide the reader with a kind of historical case study on how fisheries law and policy evolution has brought management of the resource to a more ‘systems-centered’ approach. In addition to this historical rendition, another goal of this article is to identify some areas of potential growth, specifically the development of legal instruments that are more adapted to systems principles.

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Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire Dec 2011

Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent approaches identified will be placed in the context of the CZMA, particularly the federal consistency requirement of that act, which helps to define the relationship between state and federal actions in ocean waters. Legal issues that arise from this divergence will be identified and analyzed. We begin with identification …

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Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill Dec 2011

Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill

Chad J McGuire

As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed on those strategies by the Fifth Amendment to the United States Constitution: the prohibition against the taking of private property by government action without a public purpose and just compensation. This article highlights the importance in identifying the roles governments can take beyond the role …

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A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire Jul 2011

A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to review Amendment 16 to the Northeast Multispecies Fishery Management Plan, highlighting some of the legal and policy implications to the fishing community and regulatory bodies. Questions of impact are framed from the local fishing community perspective, while larger questions of regulatory implications, including statutory purpose, are identified where appropriate. The article concludes by identifying necessary policy questions that need to be resolved if we are to move toward a coherent strategy of national fisheries management that is both rational for the sake of the resource, and equitable to those who are most directly …

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Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire Jul 2011

Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to explore a premise that fishery management at the federal level would be more effective if the U.S. government simply charged for the privilege to commercially harvest fish. This argument is supported by a mix of historical fact-finding and legal precedent, brought together in an attempt to identify a basic economic principle of property rights. The goal is to allow both practitioners and policy makers an opportunity to view fishery management options through a lens of government property rights, and show how a rational distribution of those rights through advancing market mechanisms may provide …

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Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire Apr 2011

Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to provide a summary of the current debate surrounding the proposed European Union expansion of barriers to trade in seal products. This article will also identify some of the potential legal issues at the heart of the ban. Finally, some policy considerations that may arise depending on how this case ultimately resolves itself will be highlighted. What is reinforced in this case study is the notion that the interaction between domestic policy and international law can often create unique frustrations where seemingly independent goals can lead to legal conflicts. This case study is an …

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Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris Aug 2010

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the “status quo”) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In …

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The Claims Of Two Gulfs, David D. Caron Jul 2010

The Claims Of Two Gulfs, David D. Caron

David D. Caron

Kenneth Feinberg, the "claims czar" for the BP catastrophe in the Gulf, reportedly looks to how to adapt his experience with the claims process he devised following the 9/11 attacks. Another mass claims process provides a more apt analogy, however: the very successful mass claims process following the 1991 Persian Gulf War oil well blowouts, fires and oil spills unleashed by then-president Saddam Hussein. In the wake of that disaster, then the largest oil spill in history, a claims commission processed claims from individuals and corporations and also public authorities regarding the environment and health. 19 years later, the experience …

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Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire May 2010

Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire

Chad J McGuire

As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of …

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Law Of The Sea, David D. Caron Jan 2010

Law Of The Sea, David D. Caron

David D. Caron

No abstract provided.

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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 …

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Climate Change, Sea Level Rise And The Coming Uncertainty In Oceanic Boundaries: A Proposal To Avoid Conflict Maritime Boundary Disputes, Settlement Processes, And The Law Of The Sea, David D. Caron Jan 2008

Climate Change, Sea Level Rise And The Coming Uncertainty In Oceanic Boundaries: A Proposal To Avoid Conflict Maritime Boundary Disputes, Settlement Processes, And The Law Of The Sea, David D. Caron

David D. Caron

ForthcomingThis Chapter focuses on how a rising sea level will create uncertainties as to the outer boundaries of the zones of valuable ocean territory and rights possessed by coastal states. Uncertainty in boundaries is undesirable and, in this instance, may foster conflicting claims to valuable ocean resources. The likelihood of such conflict may be particularly high given that this uncertainty in boundaries will arise as adaptation to climate change simultaneously stretches the resources of each state.The Chapter examines this potential for conflict, the reasons that boundaries will become uncertain, and suggests avenues, both normative and institutional, whereby this uncertainty and …

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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.

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Bringing New Law To Ocean Waters, David D. Caron Jan 2004

Bringing New Law To Ocean Waters, David D. Caron

David D. Caron

The history of ocean law and policy suggests that it is naive to think that any legal regime for the oceans will be stable or long lasting. Even as most scholars remain content with the 1982 Law of the Sea Treaty, this edited volume moves forward by identifying the cracks that have arisen in the structure. It in particular examines how technology continues to raise new problems, and offer new solutions, for ocean law and policy. A 2006 review of the volume in the American Journal of International Law by Rudiger Wolfrum is available here as a download

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The United Nations Compensation Commission And Marine Environmental Damages Arising From The Gulf War: Tribunal Or Foundation?, David D. Caron Jan 2004

The United Nations Compensation Commission And Marine Environmental Damages Arising From The Gulf War: Tribunal Or Foundation?, David D. Caron

David D. Caron

No abstract provided.

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Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire Jan 2003

Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire

Chad J McGuire

The purpose of this paper is to critically analyze UNCLOS as an efficient management regime for protecting migratory marine species1, especially those with economic value. The premise, based on foundations of collective action theory, is UNCLOS cannot adequately protect marine resources. The main reasons include the dynamics involved with national sovereignty, along with UNCLOS creation of what is tantamount to a common pool, or open access resource through the development of the “high seas” concept.

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The International Whaling Commission & The North Atlantic Marine Mammal Commission: The Institutional Risks Of Coercion For Consensual Structures, David D. Caron Dec 1994

The International Whaling Commission & The North Atlantic Marine Mammal Commission: The Institutional Risks Of Coercion For Consensual Structures, David D. Caron

David D. Caron

No abstract provided.

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Choice And Duty In Foreign Affairs: The Reflagging Of The Kuwaiti Tankers, David D. Caron Jan 1990

Choice And Duty In Foreign Affairs: The Reflagging Of The Kuwaiti Tankers, David D. Caron

David D. Caron

No abstract provided.

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When Law Makes Climate Change Worse: Rethinking The Law Of Baselines In Light Of A Rising Sea Level, David D. Caron Dec 1989

When Law Makes Climate Change Worse: Rethinking The Law Of Baselines In Light Of A Rising Sea Level, David D. Caron

David D. Caron

No abstract provided.

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International Sanctions, Ocean Management And The Law Of The Sea: A Study Of Denial Of Access To Fishing, David D. Caron Dec 1988

International Sanctions, Ocean Management And The Law Of The Sea: A Study Of Denial Of Access To Fishing, David D. Caron

David D. Caron

No abstract provided.

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Book Review:Marine Scientific Research And The Law Of The Sea By Alfred H.A. Soons (Kluwer, 1982) In 31 Netherlands International Law Review 277-279, David D. Caron Dec 1983

Book Review:Marine Scientific Research And The Law Of The Sea By Alfred H.A. Soons (Kluwer, 1982) In 31 Netherlands International Law Review 277-279, David D. Caron

David D. Caron

No abstract provided.

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Deep Seabed Mining: A Comparative Study Of Municipal Legislation By The United States Of America And The Federal Republic Of Germany, David D. Caron Jan 1981

Deep Seabed Mining: A Comparative Study Of Municipal Legislation By The United States Of America And The Federal Republic Of Germany, David D. Caron

David D. Caron

No abstract provided.

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Municipal Legislation For Exploitation Of The Deep Seabed, David D. Caron Jan 1980

Municipal Legislation For Exploitation Of The Deep Seabed, David D. Caron

David D. Caron

No abstract provided.

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Emergency Disposal Of Oil Spill Wastes In Northern And Central California, David D. Caron Nov 1978

Emergency Disposal Of Oil Spill Wastes In Northern And Central California, David D. Caron

David D. Caron

No abstract provided.

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