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Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein 2019 UNSW Sydney, Faculty of Law

Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein

International Law Studies

Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal ...


Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton 2019 University of Maine School of Law

Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton

Ocean and Coastal Law Journal

People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize ...


Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi 2019 University of Maine School of Law

Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi

Ocean and Coastal Law Journal

When the Court of Appeals for the District of Columbia decided the case of United States v. Mosquera-Murillo, it created a circuit-split on whether individuals charged under the Maritime Drug Law Enforcement Act (codified as 46 U.S.C. § 705) are entitled to relief under the "Safety Valve" provision of 18 U.S.C. § 3553(f). The "Safety Valve" allows individuals who meet certain criteria to be sentenced according to the sentencing guidelines, regardless of any mandatory minimum sentences. This case note compares the holding of the Court of Appeals for the District of Columbia to the Eleventh Circuit's ...


Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran 2019 Florida Agricultural & Mechanical University College of Law

Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran

Seattle Journal of Technology, Environmental & Innovation Law

Currently, it is legal to possess, sell and purchase shark fins in 38 states, Florida included. Fishermen are allowed to harvest sharks all around the world with minimal surveillance and weak regulation, causing greed to push a 400-million-year old species to the brink of extinction. Florida’s current statue is completely ineffective and toothless when it comes to shark conservation. The State needs to amend its shark fin law prohibiting the trade in all detached shark fins, for any purpose, by anyone to discontinue fueling a cruel practice. There is a federal bill pending in congress that would ban the ...


Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. WerBell V 2019 Alexander Blewett III School of Law at the University of Montana

Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V

Public Land & Resources Law Review

The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s ...


Law School News: National Admiralty Champs! April 4, 2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: National Admiralty Champs! April 4, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Recent Developments In The Law Of The Seas Ii: A Synopsis, John M. Gantus 2019 University of San Diego

Recent Developments In The Law Of The Seas Ii: A Synopsis, John M. Gantus

San Diego Law Review

The following materials are a compilation of events relevant to law of the seas that took place from March 15, 1970 to March 1, 1971. While it is fairly complete it is far from exhaustive, due to the lack of continuity and organization of source materials. Major sources include the New York Times, the Environmental Reporter, and the United States Code Congressional and Administrative News, as well as a little help from our friends. The format used is basically the same as that used last year when the first synopsis was published. For those of our readers who found the ...


The Seabed Question In Context: One Of Many Issues Massing For The 1973 Conference, Clark M. Eichelberger 2019 University of San Diego

The Seabed Question In Context: One Of Many Issues Massing For The 1973 Conference, Clark M. Eichelberger

San Diego Law Review

A Comment on the evolution the United Nation's Seabed Committee.


An Englishman's Safe Port, F. J.J. Cadwallader 2019 University of San Diego

An Englishman's Safe Port, F. J.J. Cadwallader

San Diego Law Review

A discussion of use and elements of safe ports by ships in distress.


Wet War: North Pacific, Edward J. Oliver 2019 University of San Diego

Wet War: North Pacific, Edward J. Oliver

San Diego Law Review

The United States contiguous Fishery Zone. The enforcement of the Unites States and its fishing zones and its present basis.


Latin American Countries Facing The Problem Of Territorial Waters, J. J. Santa-Pinter 2019 University of San Diego

Latin American Countries Facing The Problem Of Territorial Waters, J. J. Santa-Pinter

San Diego Law Review

Discusses is three parts 1. Problems of individual Latin American countries; 2. Latin American political criteria; 3. Regional political thoughts of Latin American countries.


Freezing The Boundry Dividing Federal And State Interests In Offshore Submerged Lands, Norman Wulf 2019 University of San Diego

Freezing The Boundry Dividing Federal And State Interests In Offshore Submerged Lands, Norman Wulf

San Diego Law Review

An examination of Federal and states' interest in submerged land. Provides analysis of present boundary limitations and international implications of this boundary.


The Un And The Law Of The Sea: Prospects For The United States Seabeds Treaty, Margaret Lynch Gerstle 2019 University of San Diego

The Un And The Law Of The Sea: Prospects For The United States Seabeds Treaty, Margaret Lynch Gerstle

San Diego Law Review

The author looks at coastal and other state interests competing in the united States' policy for Law of the Sea.


Seabed Resources: The Problems Of Adolescence, W. Frank Newton 2019 University of San Diego

Seabed Resources: The Problems Of Adolescence, W. Frank Newton

San Diego Law Review

Discusses the past, present, and future problems with seabed exploration and related international responses to these problems.


The Draft United Nations Conventions On The International Seabed Area: Background, Description, And Some Preliminary Thoughts, H. Gary Knight 2019 University of San Diego

The Draft United Nations Conventions On The International Seabed Area: Background, Description, And Some Preliminary Thoughts, H. Gary Knight

San Diego Law Review

This Article covers relevant aspects of marine geology and marine resources law, a short history of seabed questions, the Draft Convention, and Nixon's statements in 1970. Part III of the articles summarizes provisions of the Draft Commission and makes some comments.


Foreword: Law Of The Sea Needs For The 1970'S, Daniel Wilkes 2019 University of San Diego

Foreword: Law Of The Sea Needs For The 1970'S, Daniel Wilkes

San Diego Law Review

These are exciting times for an ocean lawyer, for the Law of the Sea is in a period of reconstitution; simultaneously, the arena for remaking ocean law also could become the amphitheater for constitutive changes in our international system - or, as is predicted by a coterie of doomsayers, just another ring of an antedelvian circus. Looked at in this light, the following Law of the Seas Symposium can be judged, either by the degree to which its authors follow the "Rules of Play" for this constitutive period, or by the extent to which they meet the need for new debates ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan 2019 University of Maine School of Law

Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan

Ocean and Coastal Law Journal

In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest ...


Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto 2019 University of Maine School of Law

Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto

Ocean and Coastal Law Journal

Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board ...


Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo 2019 University of Maine School of Law

Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious ...


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