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A Comparative Legal Approach For The Risks Of Offshore Methane Hydrates: Existing Laws And Conventions, Roy A. Partain 2014 SelectedWorks

A Comparative Legal Approach For The Risks Of Offshore Methane Hydrates: Existing Laws And Conventions, Roy A. Partain

Roy A Partain

Methane hydrates are a critical new energy alternative. Their commercial extraction would offer substantial green energy alternatives but would also potentially create novel environmental and civil hazards. This article is potentially one of the first major comparative treatments on the existing governance for offshore methane hydrates, or the lack of such governance, and the contrast of those existing mechanisms with theoretically optimal governance of those risks. The article the laws and legal conventions of the United Nations, the European Union, and of the United States. It also provides an examination of a set of international conventions on maritime protection and ...


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 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, Dillon A. Redding 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?, Amal Bala 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, Brian R. Israel 2014 SelectedWorks

International Law And Governance In A Charnging Arctic, Brian R. Israel

Brian R Israel

No abstract provided.


Good Neighbors: Trade, Culture, And Institutions In The Resolution Of Territorial Disputes, Dylan R. Kolhoff 2014 College of William and Mary

Good Neighbors: Trade, Culture, And Institutions In The Resolution Of Territorial Disputes, Dylan R. Kolhoff

Honors Theses

The importance of territory is undeniable, and so it is perhaps unsurprising that throughout history territorial disputes have been the principal source of conflict leading to war. However, while wars are often linked to territorial disputes, territorial disputes often pose little risk of war. The differences between the territorial disputes that lead to conflict and those that do not are essential, for within them is the key to identifying the causes of war, predicting sites of future conflict, and preventing conflict.

This research seeks to expand understanding of how violent or peaceful resolutions to territorial disputes are linked with bilateral ...


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 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?, Grant Wilson 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, Kristina Daugirdas, Julian D. Mortenson 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


The Arctic Region, Brian R. Israel, Peter Oppenheimer 2014 SelectedWorks

The Arctic Region, Brian R. Israel, Peter Oppenheimer

Brian R Israel

No abstract provided.


Taming The Beast: How The International Legal Regime Creates And Contains Flags Of Convenience, Eric Powell 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, Sarah J. Morath 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, William M. Stahl 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, Andrew Michael Bagley 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, Olga A. Voinarevich 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, andrew j. norris 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, Joshua C. Teitelbaum 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, Sari M. Graben, Peter Harrison 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, andrew j. norris 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, Daniel Pines 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 ...


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