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299 full-text articles. Page 1 of 6.

The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish 2015 University of Georgia School of Law

The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish

Georgia Journal of International & Comparative Law

No abstract provided.


Iceberg Harvesting: Suggesting A Federal Regulatory Regime For A New Freshwater Source, Cory J. Lewis 2015 Boston College Law School

Iceberg Harvesting: Suggesting A Federal Regulatory Regime For A New Freshwater Source, Cory J. Lewis

Boston College Environmental Affairs Law Review

The global freshwater shortage has already reached crisis levels. The World Health Organization and UNICEF estimate that there are over 700 million people in the world without access to clean drinking water. While this crisis continues to intensify, a massive, game changing source of freshwater is floating in the Arctic and Antarctic oceans, slowly melting away: icebergs. This Note analyzes the potential for harvesting icebergs as a freshwater source on a global scale. By focusing on and illustrating the legal status of icebergs on the high seas, this Note seeks to demonstrate why icebergs are res nullius—existing in a ...


Reviewing The Magic Pipes: Angelex Ltd. V. United States, Oily Water Separators, And Constitutional Review Of Coast Guard Action, Benjamin Abel 2015 College of William & Mary Law School

Reviewing The Magic Pipes: Angelex Ltd. V. United States, Oily Water Separators, And Constitutional Review Of Coast Guard Action, Benjamin Abel

William & Mary Bill of Rights Journal

No abstract provided.


Deep Seabed Mining: Alternative Schemes For Protecting Developing Countries From Adverse Impacts, David Hegwood 2015 University of Georgia School of Law

Deep Seabed Mining: Alternative Schemes For Protecting Developing Countries From Adverse Impacts, David Hegwood

Georgia Journal of International & Comparative Law

No abstract provided.


Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela 2015 United Nations Office of Legal Affairs

Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Law Of The Sea: U.S. Policy Dilemma. Eds. Bernard H. Oxman, David D. Caron, & Charles L.O. Buderi. San Francisco, California: Institute For Contemporary Studies Press, 1983., M. W. Janis 2015 University of Connecticut School of Law

Book Review: Law Of The Sea: U.S. Policy Dilemma. Eds. Bernard H. Oxman, David D. Caron, & Charles L.O. Buderi. San Francisco, California: Institute For Contemporary Studies Press, 1983., M. W. Janis

Georgia Journal of International & Comparative Law

No abstract provided.


A Case For Arbitration: The Philippines’ Solution For The South China Sea Dispute, Emma Kingdon 2015 Boston College Law School

A Case For Arbitration: The Philippines’ Solution For The South China Sea Dispute, Emma Kingdon

Boston College International and Comparative Law Review

Arbitration under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) would be the most effective resolution method and would lead to the most favorable outcome for the Philippines against China in the South China Sea (SCS) Dispute. The Philippines will likely not pursue adjudication in the International Court of Justice (ICJ) because the court would likely grant sovereignty over any islands to China, thus legitimizing China’s aggressive actions in the SCS. Furthermore, continued negotiations are also not a viable option for the Philippines because any agreement would be inadequate to deter China from ...


Regulating Jolly Roger: The Existing And Developing Law Governing The Classification Of Underwater Cultural Heritage As "Pirate-Flagged", Peter Hershey 2015 University of Massachusetts School of Law

Regulating Jolly Roger: The Existing And Developing Law Governing The Classification Of Underwater Cultural Heritage As "Pirate-Flagged", Peter Hershey

University of Massachusetts Law Review

This article explores the existing law governing Underwater Cultural Heritage (UCH) which is classified as “pirate-flagged.” First, this article discusses the discovery of the Whydah Galley, an 18th century slave trader vessel, which was captured by pirate Captain Samuel Bellamy and transformed into the flagship of his pirate fleet, and the subsequent discoveries of additional “pirate-flagged” shipwrecks, including the international regulatory scheme governing ownership of the property on these sunken vessels. This article discusses both 20th century international conventions which define piracy and historic case law which clarifies these definitions. Then, the article analyzes both the early American and contemporary ...


The Transfer Of Technology And Unclos Iii, Douglas Yarn 2015 University of Georgia School of Law

The Transfer Of Technology And Unclos Iii, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.


Ocean Thermal Energy Conversion, John W. Kindt 2015 University of Illinois

Ocean Thermal Energy Conversion, John W. Kindt

Georgia Journal of International & Comparative Law

No abstract provided.


Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress 2015 University of Georgia School of Law

Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress

Georgia Journal of International & Comparative Law

No abstract provided.


Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French 2015 Penn State Law

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Christopher C. French

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and ...


Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, Xiao Recio-Blanco 2015 Duke University

Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, Xiao Recio-Blanco

Xiao Recio-Blanco

Governments all around the world have addressed the challenge of marine resources management enacting laws and enforcing public policies. To date, most of these initiatives have failed. In Latin America, sophisticated environmental protection statutes are already in place. Unfortunately, these statutes are largely overlooked by sea users and government officials. Lack of compliance has become the most significant hurdle to the sustainable use of Latin America’s marine resources.

Recently, governments and Non-Governmental Organizations in Latin America have showed increased interest in Marine Spatial Planning (MSP). MSP is a process that analyzes the spatial distribution of human activities at sea ...


Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare 2015 The Catholic University of America, Columbus School of Law

Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare

Catholic University Law Review

In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement ...


Transnational Area-Based Ocean Management: Finding Avenues For Regulatory Harmonization, Xiao Recio-Blanco 2015 Duke University

Transnational Area-Based Ocean Management: Finding Avenues For Regulatory Harmonization, Xiao Recio-Blanco

Xiao Recio-Blanco

In the last few decades, governments have regulated human activities at sea and their environmental impact through piecemeal, use-by-use prescriptive regulation. These domestic laws have been unable to solve basic problems such as overfishing or marine habitat loss.

Some ocean management experts have argued that managing areas of the sea in order to maximize one or a set of objectives might be more effective than the non-spatial approach. Implementing a comprehensive system of area-based management requires planning and zoning. The process of marine spatial planning (MSP) involves assessing ocean resources as well as current and future uses; identifying compatible and ...


Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. McCredie 2015 Montgomery County, PA

Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie

Georgia Journal of International & Comparative Law

No abstract provided.


A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino 2015 Florida State University College of Law

A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino

Simone Savino

A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach ...


Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erick Franckx 2015 Vrije Universiteit Brussel

Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erick Franckx

Georgia Journal of International & Comparative Law

No abstract provided.


Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai 2015 SelectedWorks

Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai

Daniela E Lai

Geoengineering has been described as any large-scale environmental manipulation designed with the purpose of mitigating the effects of climate change without decreasing greenhouse gas emissions (GHGs). Currently there are no specific rules regulating geoengineering activities particularly if geoengineering is deployed in areas beyond national jurisdiction. This article argues that, in order to mitigate the risks of geoengineering, there needs to be effective regulation of its deployment both in international and domestic law. The risks of geoengineering can only be effectively regulated if there is international cooperation between all levels of governments and private individuals involved in the research and development ...


The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson 2015 Penn State University

The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson

Washington University Global Studies Law Review

No abstract provided.


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