Cornell Law School
World Maritime University
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions,
2017
University of Pennsylvania Law School
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
Faculty Scholarship
Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets ...
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases,
2017
American University Washington College of Law
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar
Sustainable Development Law & Policy
No abstract provided.
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate,
2017
American University Washington College of Law
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Sustainable Development Law & Policy
No abstract provided.
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies,
2017
American University Washington College of Law
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson
Sustainable Development Law & Policy
No abstract provided.
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts,
2017
American University Washington College of Law
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson
Sustainable Development Law & Policy
No abstract provided.
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure,
2017
American University Washington College of Law
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin
Sustainable Development Law & Policy
No abstract provided.
You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems,
2017
American University Washington College of Law
You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2017
American University Washington College of Law
Piracy Prosecutions In National Courts,
2017
Cornell Law School
Piracy Prosecutions In National Courts, Maggie Gardner
Maggie Gardner
At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the ...
The South China Sea Arbitration Award,
2017
University of Miami School of Law
The South China Sea Arbitration Award, Bernard H. Oxman
University of Miami International and Comparative Law Review
No abstract provided.
Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security,
2017
Faculty of Law, Monash University
Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle
International Law Studies
This article examines maritime law enforcement operations and intelligence activities in the context of maritime security. First describing the role of navies and coast guards in maritime security, this article then explores the relationship between law enforcement operations and actionable intelligence. In particular, it focuses on maritime domain awareness (MDA), and how MDA functions as a form of intelligence. Next, the article discusses maritime domain awareness under international law before looking to the tension between intelligence collection and visit, board, search and seizure (VBSS) operations, both on the high seas and in waters under national jurisdiction. The article closes by ...
Bow To The Silver King: Using Transboundary Rivers To Protect Tarpon,
2017
University of Georgia School of Law
Bow To The Silver King: Using Transboundary Rivers To Protect Tarpon, Jd Howard
Georgia Journal of International & Comparative Law
No abstract provided.
Freedom Of Navigation: Development Of The Law Of The Sea And Emerging Challenges,
2017
International Tribunal for the Law of the Sea
Freedom Of Navigation: Development Of The Law Of The Sea And Emerging Challenges, Vladimir Golitsyn
International Law Studies
This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 18, 2017.
Navigational Freedom: The Most Critical Common Heritage,
2017
University of Virginia School of Law
Navigational Freedom: The Most Critical Common Heritage, John Norton Moore
International Law Studies
This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 17, 2017.
Bio-Prospecting In The Arctic: An Overview Of The Interaction Between The Rights Of Indigenous Peoples And Access And Benefit Sharing,
2017
University of Barcelona School of Law
Bio-Prospecting In The Arctic: An Overview Of The Interaction Between The Rights Of Indigenous Peoples And Access And Benefit Sharing, Mar Campins Eritja
Boston College Environmental Affairs Law Review
The exploration and exploitation of marine genetic resources for commercial purposes is growing at an unprecedented rate in the Arctic region. Currently, there is no explicit legal framework that governs the participation of Arctic indigenous peoples in this industry or requires that the benefits derived from the scientific use of marine genetic resources are shared with these groups. This Article analyzes to what extent the principles of free, prior, and informed consent and of fair and equitable benefit sharing are considered in relevant international instruments. The United Nations Convention on the Law of the Sea is not sufficient to frame ...
Call Me Ishimaru: Independent Enforcement Of International Agreements,
2017
Boston College Law School
Call Me Ishimaru: Independent Enforcement Of International Agreements, John Arnold
Boston College Environmental Affairs Law Review
International law does not provide an adequate enforcement mechanism against illegal whaling. The Japanese government claims that its whaling practice falls within the scientific research exception of an international moratorium on commercial whaling. Despite an International Court of Justice ruling finding that its practice does not fall within this exception, Japan has continued to kill thousands of whales each year with no effective opposition. The area in which this whaling occurs, however, falls outside the jurisdiction of any nation. Although the United Nations Security Council has the authority to act, the delicate nature of international diplomacy effectively ties its members ...
Space Weapons And The Law,
2017
U.S. Naval War College
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and ...
Perceptions Of Fin-Fish Aquaculture: A Multi-Scalar Policy Perspective,
2017
Huxley College of the Environment, Western Washington University
Perceptions Of Fin-Fish Aquaculture: A Multi-Scalar Policy Perspective, Jordan Wrigley
Graduate Student Conference
Fin-fish aquaculture presents a problem for planners and policy-makers. While there are negative environmental impacts and questions regarding aquaculture's sustainability, there are also benefits such as increased local food production. Solutions balancing these detriments and benefits are often obscured by ingrained perceptions of aquaculture leading to exclusionary or suppressive outcomes and a lack of exploration into aquaculture's value within various contexts. To examine these perceptions, I developed a multi-scalar series of studies at the national, regional, and individual levels.
The collected results of the three studies suggest aquaculture awareness and perceptions are context-dependant. Nuances in national data also ...
Turkey And The International Law Of The Sea,
2017
Penn State Law
Turkey And The International Law Of The Sea, Ekrem Korkut
SJD Dissertations
The 1982 United Nations Convention on the Law of the Sea [hereinafter: LOSC] is widely accepted as the constitution of the oceans. Only four countries in the Third United Nations Conference on the Law of the Sea voted against the LOSC: The United States, Venezuela, Israel, and Turkey. Turkey voted against the LOSC because of dissatisfaction with the provision concerning the breadth of the territorial sea (Article 3), the delimitation of the territorial sea (Article 15), and the regime of islands (Article 121). With regard to other provisions of the LOSC, Turkish delegates at the Conference made supportive explanations. This ...
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law,
2017
Osaka University Graduate School of International Public Policy
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama
International Law Studies
There have been non-combat losses of nuclear-powered warships during sea trials and peacetime patrol missions. Nuclear contamination is spreading from some of these sinking sites. It is also conceivable that combat losses of nuclear-powered warships could cause contamination of civilians, civilian objects and the natural environment. If such combat losses occur at sea, both belligerent and neutral States will have to deal with a difficult question: to what extent and by who can harm resulting from such contamination be compensated for payment of damages. This article examines legal issues stemming from prospective combat losses of nuclear-powered warships from the perspectives ...
