Admiralty Commons^™

State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki

Environmental and Earth Law Journal (EELJ)

This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural ...

The Law Of Unseaworthiness And The Doctrine Of Instant Unseaworthiness, Carroll E. Neesemann

Maryland Law Review

No abstract provided.

The United States Coast Guard's Law Enforcement Authority Under 14 U.S.C. § 89: Smugglers' Blues Or Boaters' Nightmare?, Greg Shelton

William & Mary Law Review

No abstract provided.

Protective Measures And The "Torrey Canyon", Albert E. Utton

Boston College Law Review

No abstract provided.

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication Scholarship

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will ...

Even Jaws Deserves To Keep His Fins: Outlawing Shark Finning Throughout Global Waters, Jessica Spiegel

Boston College International and Comparative Law Review

Sharks have reigned at the top of the marine food chain for 200 million years, but their recent slaughter by fishermen has imperiled their populations significantly. Unfortunately, this graceful animal is killed primarily for its fins, which are used to make sharkfin soup, while the rest of the carcass is discarded at sea. Even worse, the shark is usually alive when finned and then left in the ocean to bleed to death or drown. There is no global shark-finning regulation in place, and only very recently has the United States implemented its own national regulations. A worldwide resolution is urgently ...

Piracy Laws And The Effective Prosecution Of Pirates, Diana Chang

Boston College International and Comparative Law Review

This Note analyzes the current international legal framework for the punishment and prosecution of maritime piracy. Piracy is an international problem that disrupts global maritime trade and endangers the safety and security of crewmen and ship owners. Although it is a well-recognized principle that each state has universal jurisdiction to prosecute pirates, the conflicting international definitions of piracy and the preponderance of attacks near states that lack resources to effectively prosecute pirates create a gap in enforcement within the international legal framework. This Note proposes that cooperating states should establish regional international piracy tribunals that can apply an appropriate, uniform ...

An Empirical Examination Of Universal Jurisdiction For Piracy, Eugene Kontorovich, Steven Art

Faculty Working Papers

This Essay presents the first systematic empirical study of the incidence of universal jurisdiction prosecutions over an international crime. Using data on the number of piracies committed in a twelve year period (1998-2009) obtained from international agencies and maritime industry groups, we determine the percentage of acts of piracy where nations prosecuted under universal jurisdiction we determine the percentage of these cases where nations exercised UJ. Studies of the worldwide use of UJ over other crimes simply count how often UJ has been exercised, but do not attempt to determine the rate of prosecution.

We find that of all clearly ...

China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region ...

Case Study In Labor-Management Relations: Maritime Industry - 1965, Lee Pressman

Boston College Law Review

No abstract provided.