Duke Law
Cornell Law Library
Pace University
The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions,
2014
SelectedWorks
The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law
Gabriela A. Oanta Associate professor of public international law
This article analyzes the contribution of the International Tribunal for the Law of the Sea (ITLOS) to the development of the international law of the sea. On the hand, the mechanism of dispute settlement provided by UNCLOS and other international agreements adopted in the last thirty years approximately over the oceans and seas will be studied. And on the other hand, this article presents an analysis of the past, present and future activity of the International Tribunal for the Law of the Sea with regard to the two polar regions, the Arctic and the Antarctica. Antarctica lato sensu has received ...
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness,
2014
SelectedWorks
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding
Dillon A Redding
This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried ...
Sub-Seabed Burial Of Nuclear Waste: If The Disposal Method Could Succeed Technically, Could It Also Succeed Legally?,
2014
Boston College Law School
Sub-Seabed Burial Of Nuclear Waste: If The Disposal Method Could Succeed Technically, Could It Also Succeed Legally?, Amal Bala
Boston College Environmental Affairs Law Review
Nuclear power is a relatively familiar method of generating electricity in the United States, but the process remains controversial because of high-level radioactive waste. Conventional nuclear reactors use uranium fuel to sustain nuclear fission, but eventually such fuel becomes spent and requires storage and disposal because of its dangerous radioactive properties. The United States produces a large amount of nuclear waste every year but has struggled to develop a long-term disposal strategy. America favors land-based disposal methods and is not giving serious consideration to alternative methods, including sub-seabed burial. This Note discusses preliminary research on sub-seabed burial of nuclear waste ...
International Law And Governance In A Charnging Arctic,
2014
SelectedWorks
International Law And Governance In A Charnging Arctic, Brian R. Israel
Brian R Israel
No abstract provided.
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 ...
Contemporary Practice Of The United States Relating To International Law,
2014
University of Michigan Law School
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian D. Mortenson
Articles
• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress
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.
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
