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2018

University of Maine School of Law

Ocean and Coastal Law Journal

Articles 1 - 11 of 11

Full-Text Articles in Law

Protecting Oregon's Estuaries, Edward J. Sullivan Jun 2018

Protecting Oregon's Estuaries, Edward J. Sullivan

Ocean and Coastal Law Journal

Estuaries are an invaluable part of a coastal ecosystem where plant and animal species indigenous to fresh and salt waters mix. Since 1971, the United States government has encouraged states to study and protect coastal resources. Oregon is one of those states and has almost 600 kilometers of coast, an area with only about 6% of the state’s population. Oregon also has a statewide planning program, which establishes binding policies, called “goals,” for local governments (cities and counties) to carry out. The constellation of available federal funds, a state and local desire to protect coastal resources, and a mechanism to …

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"Over-Hauling" The Law Governing Lobster Fishing, Tyler J. Lauzon Jun 2018

"Over-Hauling" The Law Governing Lobster Fishing, Tyler J. Lauzon

Ocean and Coastal Law Journal

Lobster fishing is one of Maine’s most famous and important industries. In order for the industry to thrive, it is necessary that the lobster stock continue to be bountiful. One way to achieve a bountiful stock of lobster is to place limits on the amount of lobster that can be fished in any given year. The legal world offers a number of ways to achieve this end. Some mechanisms that have been employed in various jurisdictions include minimum and maximum legal sizes, v-notching, and trap limits. Although these laws can be very effective in reducing the number of lobsters caught …

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The World Beyond Seaworld: A Comparative Analysis Of International Law Protecting Cetacea In Captivity, Casey M. Weed Jun 2018

The World Beyond Seaworld: A Comparative Analysis Of International Law Protecting Cetacea In Captivity, Casey M. Weed

Ocean and Coastal Law Journal

Over the past few decades, the public has become more and more aware of the inhumane and incredibly harsh treatment of marine mammals being kept in captivity, specifically for entertainment purposes. Anger and outrage reached a heighted level after the CNN documentary, Blackfish, was released in 2013, as the film brought increased awareness to viewers across the country. However, the issue of marine mammals in captivity reaches far deeper than the SeaWorld controversy of recent years; in fact, the issue spans even beyond the United States. This article therefore analyzes the laws which allow for such captivity to take place, …

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Drawing A Line In The Sand: Off-Road Vehicle Use On National Seashores, Kurt C. Peterson Jun 2018

Drawing A Line In The Sand: Off-Road Vehicle Use On National Seashores, Kurt C. Peterson

Ocean and Coastal Law Journal

When we look up and down the ocean fronts of America, we find that everywhere they are passing behind the fences of private ownership. The people can no longer get to the ocean. When we have reached the point that a nation of 125 million people cannot set foot upon the thousands of miles of beaches that border the Atlantic and Pacific Oceans, except by permission of those who monopolize the ocean front, then I say it is the prerogative and the duty of the Federal and State Governments to step in and acquire, not a swimming beach here and …

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Editorial Board Vol. 23, Nos. 2 (2017-2018), Isaac P. Mcmahan Editor-In-Chief Jun 2018

Editorial Board Vol. 23, Nos. 2 (2017-2018), Isaac P. Mcmahan Editor-In-Chief

Ocean and Coastal Law Journal

No abstract provided.

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American Lobster Claws Threatened By Eu Invasive Species Laws:How The Eu Invasive Species Act Applies Non-Uniformly To Aquatic Species., Joseph D. Foltz Jan 2018

American Lobster Claws Threatened By Eu Invasive Species Laws:How The Eu Invasive Species Act Applies Non-Uniformly To Aquatic Species., Joseph D. Foltz

Ocean and Coastal Law Journal

In 2014 the European Union enacted the “Prevention and Management of the Introduction and Spread of Invasive Alien Species Act” (Act) as a way to restrict the transportation and consumption of non-native animal and plant species that harmed native animal and plant species. As a result of this Act, thirty-seven species were deemed “invasive alien species” and were placed on a “list of Union concern” which restricted their importation and movement within the EU. Two species on this list include the Virile Crayfish (Orconectes virilis) and the Pond Slider (Trachemys scripta). On February 29, 2016, Sweden (a European Union member) …

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Toward Distributive Justice In Offshore Natural Resources Development: Iceland And Norway In The Jan Mayen, Anita L. Parlow Jan 2018

Toward Distributive Justice In Offshore Natural Resources Development: Iceland And Norway In The Jan Mayen, Anita L. Parlow

Ocean and Coastal Law Journal

As pressures of globalization and advances in technology accelerate, more and more remote, coastal, and small communities are left financially stranded and disempowered. Many communities located at the historic periphery of global markets and trade routes are, often paradoxically, marginalized from the benefits of globalized trade, even while their more accessible natural resources have moved far closer to the center of global markets. The powerful political institutions of nation states combined with growing transnational businesses are driving a combination of boosts in national economies, explosions in technology, and fewer international restrictions on capital. This three-pronged dynamic is reshaping the structure …

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The Iwt And The Unwc: Commonalities And Differences, Waseem Ahmad Qureshi Jan 2018

The Iwt And The Unwc: Commonalities And Differences, Waseem Ahmad Qureshi

Ocean and Coastal Law Journal

Amid global water scarcity and a surge in population, leading nations have started racing to occupy freshwater resources around the world. While there remains no international agreement applying universally worldwide, almost all major international watercourses and powerful nations remain out of the scope of any sort of legal obligation. Bilateral and multilateral treaties have become the governing legal framework to regulate freshwater utilization. In this context, the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UNWC) and the Draft Articles on the Law of Transboundary Aquifers (DALTA) play a significant role, serving not only as …

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Race To Extinction: Shark Conservation Under International And European Law And Its Limits, Ilja Richard Pavone Jan 2018

Race To Extinction: Shark Conservation Under International And European Law And Its Limits, Ilja Richard Pavone

Ocean and Coastal Law Journal

The purpose of this paper is to clarify the existing (global and regional) legal standards on shark conservation from over-exploitation. First, an analysis of the current international legal framework (law of the sea, sustainable fisheries management, wildlife law) applicable to shark protection is provided (Part I). Next the paper explores the evolution of the European Union (EU) policy on shark finning, since the EU − in line with the United States (Shark Conservation Act) − opted for a strict fins-attached policy, or Fins-Naturally Attached (FNA), The new policy eliminated the major pitfall of its previous regulation, based on a fin-to-carcass …

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Avoiding Septic Shock: How Climate Change Can Cause Septic System Failure And Whether New England States Are Prepared, Elena Mihaly Jan 2018

Avoiding Septic Shock: How Climate Change Can Cause Septic System Failure And Whether New England States Are Prepared, Elena Mihaly

Ocean and Coastal Law Journal

Climate change poses a number of difficult challenges to New England's infrastructure. The most commonly discussed impacts include flooding of roads, bridges, and culverts, or water damage to buildings and electric utilities. A less discussed, but equally alarming challenge to infrastructure is how climate change is impacting onsite wastewater treatment systems, more commonly known as septic systems. Almost half of homes in New England depend on septic systems to dispose of wastewater. When functioning properly, these systems filter out harmful bacteria and pathogens to ensure nearby groundwater and surface waters are safe for human health and the environment. But rising …

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Editorial Board Vol. 23, Nos. 1 (2017-2018), Isaac P. Mcmahan Editor-In-Chief Jan 2018

Editorial Board Vol. 23, Nos. 1 (2017-2018), Isaac P. Mcmahan Editor-In-Chief

Ocean and Coastal Law Journal

No abstract provided.

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