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Full-Text Articles in International Law

Sand Mining In Baja And Alta California, Harold Magistrale May 2005

Sand Mining In Baja And Alta California, Harold Magistrale

San Diego International Law Journal

This Comment will examine some geologic, environmental, and legal aspects of the international sand trade. Looking at the state of sand mining in both countries will demonstrate that the United States and Mexico have parallel regulatory structures and similar environmental concerns and will show how municipal and state officials in Baja California are ale to piggyback their economic concerns onto environmental regulations. This Comment will also examine the sand trade issue for lessons applicable to cross border trade and suggest a certification mechanism that would allow continued sand exports while preserving environmental safeguards.


State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton Apr 2005

State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton

Washington International Law Journal

At its latest session, the United Nations General Assembly urged States to consider a temporary ban on bottom trawling on the high seas. Bottom trawling technology causes extensive damage both to the habitat of deep sea living marine resources ("LMRs") and to the LMRs themselves. This damage is particularly acute at heavily fished undersea mountains known as seamounts. The pronouncement by the General Assembly, while certainly a positive step, is another unfortunate example of short-sighted fisheries management: instead of creating a legitimate protection regime—such as a moratorium or a system of High Seas Marine Protected Areas ("HSMPA")—for these rare and …