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Full-Text Articles in Law

California V. Deep Sea Research: Leashing In The Eleventh Amendment To Keep Sinking Shipwreck Claims Afloat, Paul Neil Oct 2012

California V. Deep Sea Research: Leashing In The Eleventh Amendment To Keep Sinking Shipwreck Claims Afloat, Paul Neil

Pepperdine Law Review

No abstract provided.


The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels Oct 2012

The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels

Dalhousie Law Journal

This article discusses the relationship between international maritime law and Canadian maritime law from legislative and judicial perspectives. It explains the relationship through Canada's implementation of international maritime conventions and a study of Canadian case law The article concludes that the relationship has a well-developed pattern based on legislative structures and judicial processes. With strong historical roots and traditions, the relationship is motivated by international comity and has firm grounding in international and domestic public policyin support ofinternational uniformity to facilitate international commerce. Canadian maritime law has a unique heritage underscored by commercial necessity The consequence is a relationship between …


The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell Jul 2012

The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell

University of Miami Inter-American Law Review

No abstract provided.


Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck Apr 2012

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …