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Full-Text Articles in Law

Law Library Blog (December 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2021

Law Library Blog (December 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2021

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Canada And Transboundary Fisheries Management In Changing Oceans: Taking Stock, Future Scenarios, U.R. Sumaila, David Vanderzwaag Jan 2021

Canada And Transboundary Fisheries Management In Changing Oceans: Taking Stock, Future Scenarios, U.R. Sumaila, David Vanderzwaag

Articles, Book Chapters, & Popular Press

This article is the Introduction to the Special Feature entitled: Canada and Transboundary Fisheries Management in Changing Oceans: Taking Stock, Future Scenarios. We summarize the research context of the four papers in the Special Feature.


Spectacular Imaginations Of The Sinking Island, Emma Schneck May 2020

Spectacular Imaginations Of The Sinking Island, Emma Schneck

Senior Theses and Projects

As entire island nations slip beneath rising seas, how can we reimagine a political future where the effects of climate change are already in full force? In recent years, it has become increasingly apparent that there is a fundamental lack of legal protections for those fleeing environmental degradation and the effects of global sea level rise. This lack of protection is felt particularly strongly in the Pacific region, where many communities are faced with existential threats to their way of life and self-determination. However, despite this historic lack of support from the international community, the Pacific Islands states have continuously …


Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2020

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto Jan 2019

Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto

Ocean and Coastal Law Journal

Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board …


Identities In Transition: South Pacific, Paul Sharrad Jan 2017

Identities In Transition: South Pacific, Paul Sharrad

Faculty of Law, Humanities and the Arts - Papers (Archive)

Surveys the history of fiction production in the South Pacific as a process of creating new identities as print culture impinges upon oral traditions.


Rethinking Sexual Citizenship: Asia-Pacific Perspectives, Vera C. Mackie Jan 2017

Rethinking Sexual Citizenship: Asia-Pacific Perspectives, Vera C. Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

The term 'sexual citizenship' was largely developed in the Anglophone capitalist liberal democracies of the UK, the USA, Canada, Australia and New Zealand. The concept is thus inflected by broader understandings of politics in these places. In this article, the author first considers the specificities of 'sexuality' and 'citizenship' in these Anglophone capitalist liberal democracies. She argues that we need to provincialize these local understandings, for configurations of sexuality and citizenship in the UK, North America, New Zealand or Australia are just as contingent and locally specific as they are in the Asia-Pacific region. She then considers whether the term …


Ocean Diplomacy: The Pacific Island Countries' Campaign To The Un For An Ocean Sustainable Development Goal, Genevieve Quirk, Quentin A. Hanich Jan 2016

Ocean Diplomacy: The Pacific Island Countries' Campaign To The Un For An Ocean Sustainable Development Goal, Genevieve Quirk, Quentin A. Hanich

Faculty of Law, Humanities and the Arts - Papers (Archive)

In this article we examine how Pacific Island Countries (pics) successfully championed a stand-alone Ocean Sustainable Development Goal (sdg) goal at the United Nations (un). We analyse how the un Post-2015 development process provided pics with a unique opportunity to use their experience with collective diplomacy and regional oceans governance to propose this international goal. In this article we establish how pics' national and regional quest to strengthen their sovereign rights over marine resources motivated their diplomatic efforts for an Ocean sdg. The campaign was a significant political achievement, positioning these Large Ocean Island States (lois) as global ocean guardians. …


Climate Change And Pacific Island Food Systems The Future Of Food, Farming And Fishing In The Pacific Islands Under A Changing Climate, Johann D. Bell, Mary Fp Taylor, Moses Amos, Neil L. Andrew Jan 2016

Climate Change And Pacific Island Food Systems The Future Of Food, Farming And Fishing In The Pacific Islands Under A Changing Climate, Johann D. Bell, Mary Fp Taylor, Moses Amos, Neil L. Andrew

Faculty of Law, Humanities and the Arts - Papers (Archive)

The peoples of the Pacific region live across a vast swathe of the world's largest ocean, mostly on isolated islands and atolls. The region includes countries that are highly vulnerable to the effects of climate change and natural disasters.


Linking Adaptation Science To Action To Build Food Secure Pacific Island Communities, C Cvitanovic, Steven Crimp, Alexander Fleming, Johann D. Bell, M Howden, Alistair Hobday, Me Stuart Taylor, R B. Cunningham Jan 2016

Linking Adaptation Science To Action To Build Food Secure Pacific Island Communities, C Cvitanovic, Steven Crimp, Alexander Fleming, Johann D. Bell, M Howden, Alistair Hobday, Me Stuart Taylor, R B. Cunningham

Faculty of Law, Humanities and the Arts - Papers (Archive)

Climate change is a major threat to food security in Pacific Island countries, with declines in food production and increasing variability in food supplies already evident across the region. Such impacts have already led to observed consequences for human health, safety and economic prosperity. Enhancing the adaptive capacity of Pacific Island communities is one way to reduce vulnerability and is underpinned by the extent to which people can access, understand and use new knowledge to inform their decision-making processes. However, effective engagement of Pacific Island communities in climate adaption remains variable and is an ongoing and significant challenge. Here, we …


Fish, Food Security And Health In Pacific Island Countries And Territories: A Systematic Literature Review, Karen E. Charlton, Joanna Russell, Emma Gorman, Quentin A. Hanich, Aurelie Delisle, Brooke M. Campbell, Johann D. Bell Jan 2016

Fish, Food Security And Health In Pacific Island Countries And Territories: A Systematic Literature Review, Karen E. Charlton, Joanna Russell, Emma Gorman, Quentin A. Hanich, Aurelie Delisle, Brooke M. Campbell, Johann D. Bell

Faculty of Law, Humanities and the Arts - Papers (Archive)

Background: Pacific Island countries and territories (PICTs) face a double burden of disease, with a high prevalence of household food insecurity and childhood micronutrient deficiencies, accompanied by a burgeoning increase in adult obesity, diabetes and heart disease. Methods: A systematic literature review was undertaken to assess whether increased availability of, and access to, fish improves a) household food security and b) individual nutritional status. Results: A total of 29 studies were reviewed. Fourteen studies identified fish as the primary food source for Pacific Islanders and five studies reported fish/seafood as the primary source of dietary protein. Fish consumption varied by …


Anglo-Worlds In Transit: Connections And Frictions Across The Pacific, Frances Steel Jan 2016

Anglo-Worlds In Transit: Connections And Frictions Across The Pacific, Frances Steel

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.


Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum Jan 2015

Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.


Livelihoods And Fisheries Governance In A Contemporary Pacific Island Setting, Reuben J. Sulu, Hampus B. Eriksson, Anne-Maree Schwarz, Neil L. Andrew, Grace Orirana, Meshach Sukulu, Janet Oeta, Daykin Harohau, Stephen Sibiti, Andrew Toritela, Doug Beare Jan 2015

Livelihoods And Fisheries Governance In A Contemporary Pacific Island Setting, Reuben J. Sulu, Hampus B. Eriksson, Anne-Maree Schwarz, Neil L. Andrew, Grace Orirana, Meshach Sukulu, Janet Oeta, Daykin Harohau, Stephen Sibiti, Andrew Toritela, Doug Beare

Faculty of Law, Humanities and the Arts - Papers (Archive)

This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. Inshore marine resources play an important role in the livelihoods of Pacific Island coastal communities. However, such reliance can be detrimental to inshore marine ecosystems. Understanding the livelihoods of coastal communities is important for devising relevant and effective fisheries management strategies. Semi-structured household interviews were conducted with householders in Langalanga Lagoon, Solomon Islands, to understand household livelihoods and resource governance in fishing-dependent communities. Households were engaged …


Creating A "Building A Disability Rights Information Center For Asia And The Pacific Clinic": Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn Jan 2015

Creating A "Building A Disability Rights Information Center For Asia And The Pacific Clinic": Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Marquette Benefits and Social Welfare Law Review

This article describes the work done by the lead author and his students in the creation of the Disability Rights Information Center for Asia and the Pacific (DRICAP), as part of the work the lead author has been doing with colleagues (especially Yoshikazu Ikehara, Esq., director of the Tokyo Advocacy Law Office) for several years to create a Disability Rights Tribunal for Asia and the Pacific (DRTAP). DRICAP’s centerpiece is the creation of a website collecting statutes, regulations, scholarly articles, advocacy news, and case law from selected Asian and Pacific nations. This work was done through a clinic created by …


Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood Nov 2014

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …


Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich Apr 2014

Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich

Quentin Hanich

No abstract provided.


Control, Cooperation And Participatory Rights In The Western And Central Pacific Ocean Tuna Fisheries, Quentin Hanich Apr 2014

Control, Cooperation And Participatory Rights In The Western And Central Pacific Ocean Tuna Fisheries, Quentin Hanich

Quentin Hanich

No abstract provided.


Assessment Of Eco-Labelling Schemes For Pacific Tuna Fisheries, David Kirby, Candice Visser, Quentin Hanich Apr 2014

Assessment Of Eco-Labelling Schemes For Pacific Tuna Fisheries, David Kirby, Candice Visser, Quentin Hanich

Quentin Hanich

Developments in fisheries governance in recent decades—notably the1982 United Nations Convention on the Law of the Sea and its implementing agreements—have established a framework o fprinciples, standards, institutions and regulations that is broade rand more complex than traditional fisheries management, which has generally focused o nindividual target species. As this framework has evolved, a number of seafood eco-labelling schemes have also developed. These schemes aim to identify well- managed fisheries and give competitive advantage to their products, thus translating the environmental awareness of consumers into direct support for sustainable fishing practices.This paper evaluates a number of these schemes in the …


Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi Apr 2014

Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi

Quentin Hanich

No abstract provided.


Distributing The Bigeye Conservation Burden In The Western And Central Pacific Fisheries, Quentin Hanich Apr 2014

Distributing The Bigeye Conservation Burden In The Western And Central Pacific Fisheries, Quentin Hanich

Quentin Hanich

"The Western and Central Pacific Ocean is home to the world's most productive tuna fisheries, with the majority of tuna catches occurring inside the exclusive economic zones (EEZs) of the region's developing coastal States. It is important that these fisheries are managed effectively throughout their range, both within and between EEZs and on the high seas. Unrestrained exploitation in a particular EEZ or on the high seas has the potential to significantly impact on catches elsewhere with potentially devastating consequences for developing coastal States, some of which have few alternate resources. The Western and Central Pacific Fisheries Commission (WCPFC) was …


Closing The Gaps: Building Capacity In Pacific Fisheries Governance And Institutions, Quentin Hanich, Feleti Teo, Ben Tsamenyi Apr 2014

Closing The Gaps: Building Capacity In Pacific Fisheries Governance And Institutions, Quentin Hanich, Feleti Teo, Ben Tsamenyi

Quentin Hanich

Governance and institutions must function effectively if sustainable development and growth are to occur within the Pacific Islands region. In 2007, the FFA and the Australian Department of Agriculture, Fisheries and Forestry (DAFF), supported by funding from AusAID, contracted Quentin Hanich, Feleti Teo and Professor Martin Tsamenyi to research governance and institutional gaps within the region that undermine the effective management and development of the region's fish stocks. Following an intensive round of interviews throughout the Pacific islands region by all three consultants, Mr Hanich authored a comprehensive report that discussed relevant governance and institutional gaps and recommended a number …


Exclusive Economic Zones And Pacific Developing Island States - Who Really Gets All The Fish?, Quentin A. Hanich, Ben M. Tsamenyi Apr 2014

Exclusive Economic Zones And Pacific Developing Island States - Who Really Gets All The Fish?, Quentin A. Hanich, Ben M. Tsamenyi

Quentin Hanich

The establishment of exclusive economic zones (EEZs), through the 1982 United Nations Convention on the Law of the Sea (LOSC), changed the allocation of fishing rights. These zones allocated all fishing rights within 200 nautical miles of land to neighbouring coastal States. This change dramatically increased sovereign rights for Pacific small island States. In many cases, these States, with limited terrestrial resources, were allocated large resource rich EEZs that had previously been dominated by distant water fishing States. Distant water fishing States, concerned that they would lose access to 85-90% of the world's active fishing grounds, argued that the LOSC …


Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie Apr 2014

Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie

Quentin Hanich

This report sets out the results of five analytical projects undertaken to support the development of a Regional MCS Strategy for Pacific oceanic fish stocks. The overarching purpose of the Strategy is to support a management regime and associated measures that will ensure the long term sustainability of oceanic fish stocks and associated economic benefits flowing from them to Pacific Island Countries. Extensive consultation was undertaken in support of the projects including visits by the project team to 16 of the 17 FFA member nations, direct consultation with staff from key regional institutions (e.g. WCPFC, SPC, USP), as well as …


Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi Apr 2014

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

Quentin Hanich

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.


Managing Fisheries And Corruption In The Pacific Islands Region, Ben Tsamenyi, Quentin Hanich Apr 2014

Managing Fisheries And Corruption In The Pacific Islands Region, Ben Tsamenyi, Quentin Hanich

Quentin Hanich

The Pacific Islands region includes some of the smallest countries in the world, some of which are in a precarious economic condition and heavily reliant on the region's tuna fisheries for revenue and food security. The ability of some of these countries to profit from their fisheries resources, and effectively conserve these resources for future generations, is undermined by a combination of economic, governance and institutional weaknesses that make these countries vulnerable to corruption in the fisheries sector.


Oceans Of Opportunity? The Limits Of Maritime Claims In The Western And Central Pacific Region, Clive H. Schofield, Quentin A. Hanich, Peter Cozens Apr 2014

Oceans Of Opportunity? The Limits Of Maritime Claims In The Western And Central Pacific Region, Clive H. Schofield, Quentin A. Hanich, Peter Cozens

Quentin Hanich

Navigating Pacific fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region. Each chapter analyses and explores a key legal or policy issue of the tuna fisheries with a particular focus on Pacific island interests. These fisheries have long been viewed as the primary development opportunity for many of the region's developing island States. While coastal fisheries provide important sources of traditional food and income to artisanal communities, the oceanic tuna fisheries are the cornerstone upon which many Pacifice island States depend for revenue and economic activity. …


Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich Apr 2014

Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich

Quentin Hanich

No abstract provided.


Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald Apr 2014

Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald

Quentin Hanich

The achievement of FFA members’ regional goals for their tuna fisheries depends heavily upon the effective implementation by national governments of a comprehensive range of MCS measures. In support of this, FFA members have established various regional MCS measures that provide a framework to enable effective management and control of the region’s tuna fisheries. However, problematic implementation at the national level continues to undermine the ability of FFA members and the secretariat to fully implement these initiatives and effectively monitor and control the region’s tuna fisheries, thereby threatening their returns. While some FFA members have developed strong MCS systems with …