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United States V. Dire: The Somali Pirates And The Fourth Circuit's Choice To Apply An Evolving "Law Of Nations" To The Problem,
2014
Boston College Law School
United States V. Dire: The Somali Pirates And The Fourth Circuit's Choice To Apply An Evolving "Law Of Nations" To The Problem, Samuel B. Richard
Boston College International and Comparative Law Review
Maritime piracy poses a grave threat to global shipping. In the United States, federal law criminalizes piracy as defined by international law, or the law of nations. Recently, in United States v. Dire, the Fourth Circuit Court of Appeals interpreted the law of nations surrounding piracy. Dire concerned the conviction of five Somali nationals under the piracy statute. The defendants argued that piracy requires a robbery, and since no robbery occurred, their convictions should be overturned. Examining two differing approaches by lower District Courts, the Fourth Circuit concluded that piracy does not require robbery because the law of nations evolves ...
Deepwater Horizon And The Law Of The Sea: Was The Cure Worse Than The Disease?,
2014
Boston College Law School
Deepwater Horizon And The Law Of The Sea: Was The Cure Worse Than The Disease?, Grant Wilson
Boston College Environmental Affairs Law Review
The number 4.9 million is commonly known as the number of barrels of crude oil that entered the Gulf of Mexico during the Deepwater Horizon oil spill in 2010. Less known, but perhaps equally disconcerting, is the number 1.7 million—the number of gallons of Corexit, a toxic dispersant used to mitigate oil spills, that was also released into the Gulf of Mexico. Some observers claim that Corexit spared shorelines, wetlands, and beaches from the worst of the oil spill. Others, however, argue that Corexit was at best a massive ecotoxicological experiment that could impair the marine environment ...
Taming The Beast: How The International Legal Regime Creates And Contains Flags Of Convenience,
2013
Golden Gate University School of Law
Taming The Beast: How The International Legal Regime Creates And Contains Flags Of Convenience, Eric Powell
Annual Survey of International & Comparative Law
Centuries-old maritime jurisprudence continues to guide the law of the sea today. These baseline understandings are necessary to maintain order of the largest international commons, the sea. The seas’ central role in globalization, though, strains some of this established law. In particular, the question of jurisdiction has become increasingly complex as ships regularly ply every ocean and visit ports in dozens of countries. Many of these ships are actually subject to the exclusive jurisdiction of States with which they have no connection and which have limited incentives to regulate. This paper explores how this jurisdictional non sequitur arose, and when ...
A Mild Winter: The Status Of Environmental Preliminary Injunctions,
2013
Seattle University School of Law
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
Seattle University Law Review
Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more ...
The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity,
2013
University of Georgia School of Law
The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl
Georgia Journal of International & Comparative Law
No abstract provided.
You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law,
2013
University of Georgia School of Law
You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley
Georgia Journal of International & Comparative Law
No abstract provided.
Drowning In A Sea Of Black Gold: Investments In Kazakhstan’S Oil Sector Of The Caspian Sea And The United States’ Energy Security,
2013
SelectedWorks
Drowning In A Sea Of Black Gold: Investments In Kazakhstan’S Oil Sector Of The Caspian Sea And The United States’ Energy Security, Olga A. Voinarevich
Olga A Voinarevich
No abstract provided.
A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint,
2013
SelectedWorks
A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris
Andrew Norris
No abstract provided.
Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards,
2013
Georgetown University Law Center
Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 U.S. 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This article addresses this question by examining ...
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf,
2013
SelectedWorks
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Sari M Graben
The United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to sea bed resources in the Arctic Ocean. Positivist theories of international law generally source Arctic state compliance to the binding effect of Article 76 of the UN Convention on the Law of the Sea. However, positivist explanations fail to answer why the Arctic states, which are authorized to establish their own limits, would accept the sovereignty costs associated with the Commission’s legal and scientific interpretations. In order to better understand how the ...
Legal Issues Associated With Unmanned Maritime Systems,
2013
SelectedWorks
Legal Issues Associated With Unmanned Maritime Systems, Andrew J. Norris
andrew j norris
No abstract provided.
Legal Aspects Of Mutual Non-Denial And The Relations Across The Taiwan Straits,
2013
University of Maryland Francis King Carey School of Law
Legal Aspects Of Mutual Non-Denial And The Relations Across The Taiwan Straits, Chun-I Chen
Maryland Journal of International Law
No abstract provided.
Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern,
2012
Seattle University School of Law
Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines
Seattle University Law Review
Piracy threatens, and has taken, the lives of American crews and civilians. It poses an enormous economic threat, both in terms of ransom payments and impact on global commerce. It enhances political instability in significant regions of the world, such as the Horn of Africa and the Straits of Malacca. Most critically, though, maritime piracy offers an easy and tempting conduit for terrorism. Terrorists have already used maritime options to advance their cause in several dramatic attacks, including the hijacking of a cruise ship (and murder of a Jewish passenger), the ramming of a boat into a U.S. destroyer ...
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules ,
2012
Pepperdine University
Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks
Pepperdine Law Review
This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the ...
The Case Against Maritime Class Arbitration: A Brief Policy Argument,
2012
Pepperdine University
The Case Against Maritime Class Arbitration: A Brief Policy Argument, Landon R. Schwob
Pepperdine Dispute Resolution Law Journal
On April 27, 2010, the United States Supreme Court decided a case that will have far-reaching implications for virtually all sectors within the arbitration industry, including the subject of this article-maritime arbitration. The question presented in Stolt-Nielsen v. AnimalFeeds International Corp. dealt with class arbitration and whether its imposition on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act (FAA). This article will primarily examine the history and viability of class arbitration-and arbitration in general-in the far more narrow context of maritime and the admiralty. Stolt-Nielsen provides an excellent backdrop against which to ...
Vol. 42, No. 04 (February 6, 2012),
2012
Maurer School of Law: Indiana University
Arctic Justice: Addressing Persistent Organic Pollutants,
2012
SelectedWorks
Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.
Polar Law And Good Governance,
2012
SelectedWorks
Polar Law And Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.
On The Economics Of International Sea Piracy--A Case Of History Repeating Itself,
2012
Barry University School of Law
On The Economics Of International Sea Piracy--A Case Of History Repeating Itself, Barry H. Dubner
Faculty Scholarship
No abstract provided.
Review Of "The Oceans In The Nuclear Age: Legacies And Risks",
2012
California Western School of Law
Review Of "The Oceans In The Nuclear Age: Legacies And Risks", John E. Noyes
Faculty Scholarship
The 2011 Fukushima Daiichi nuclear power plant meltdown in Japan, the worst nuclear crisis since Chernobyl, has at least temporarily brought to the forefront of public attention some of the risks associated with nuclear activities. The operation of nuclear plants and waste storage facilities in coastal zones is only one of many nuclear activities affecting the oceans. In this article, the author reviews a book entitled The Oceans in the Nuclear Age. This bookhighlights incidents and statistics that reveal the magnitude of nuclear activities affecting the oceans.
