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Full-Text Articles in Law
"Over-Hauling" The Law Governing Lobster Fishing, Tyler J. Lauzon
"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 …
The World Beyond Seaworld: A Comparative Analysis Of International Law Protecting Cetacea In Captivity, Casey M. Weed
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, …
American Lobster Claws Threatened By Eu Invasive Species Laws:How The Eu Invasive Species Act Applies Non-Uniformly To Aquatic Species., Joseph D. Foltz
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) …
Toward Distributive Justice In Offshore Natural Resources Development: Iceland And Norway In The Jan Mayen, Anita L. Parlow
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 …
The Iwt And The Unwc: Commonalities And Differences, Waseem Ahmad Qureshi
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 …
We Are Not Alone: How Extraterritorial Application Of The Endangered Species Act Can Preserve International Endangered Species And Habitats, Katherine M. Macrae
We Are Not Alone: How Extraterritorial Application Of The Endangered Species Act Can Preserve International Endangered Species And Habitats, Katherine M. Macrae
Ocean and Coastal Law Journal
The Great Barrier Reef is the world’s largest coral reef ecosystem and is currently in danger of irreparable destruction due to natural and human-made environmental disturbance. This paper focuses on a case, Center for Biological Diversity v. Export-Import Bank, concerning the extraterritoriality application of the Endangered Species Act to a Federal agency’s funding of liquefied natural gas projects in Australia requiring, in part, the dredging of portions of the Great Barrier Reef. As the health of UNESCO World Heritage Sites and other environmentally protected and culturally important geography is jeopardized, United States’ government activity in foreign jurisdictions raises the question …
Arctic Policy Of The Republic Of Korea, Dongmin Jin, Won-Sang Seo, Seokwoo Lee
Arctic Policy Of The Republic Of Korea, Dongmin Jin, Won-Sang Seo, Seokwoo Lee
Ocean and Coastal Law Journal
Korea has been aware of the humanitarian and national significance of the Arctic and Antarctic since before the millennium. On the one hand, Korea has strived in the field of scientific research by joining the Antarctic Treaty System. On the other hand, Korea has promoted various economic cooperation with the Arctic nations. Korea joined the Antarctic Treaty System in 1986, established the Antarctic King Sejong Station in 1988, established the Arctic Dasan Station in Ny-Ålesund, Norway in 2002, and joined the Svalbard Treaty in 2012. Furthermore, Korea has participated in summits with the Arctic nations since 2008. In 2012, President …
The Arctic In The Public Order Of The World Community, Charles H. Norchi
The Arctic In The Public Order Of The World Community, Charles H. Norchi
Ocean and Coastal Law Journal
From early ages of exploration, the Arctic idea has resided in collective memories well beyond polar realms. For people who live in the Arctic, that idea is a way of life that incorporates traditions and indigenous knowledge evolved to cope with demanding conditions. Consequences of cryospheric changes are causing states and non-states to assert more intense claims to Arctic resources. The Arctic is a base of power, wealth, and other values. Competence to make and apply law in a manner that accommodates inclusive versus exclusive demands in the common interest is of great import to the public order of the …
Introduction, Senator Angus King
Introduction, Senator Angus King
Ocean and Coastal Law Journal
On September 13, 2016, the Crystal Serenity, a cruise ship with over one thousand passengers, arrived in Bar Harbor, Maine. The 790-foot ship would not be an unusual sight in Downeast Maine this time of year but for the fact that it had just completed an historic voyage through the Arctic Ocean’s Northwest Passage. As the largest commercial cruise ship to navigate the once frozen passage, the Crystal Serenity offers a glimpse into the changes in the Arctic region and the impact that those changes are already having on the State of Maine. Several weeks after the Crystal Serenity’s arrival, …