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Naquin V. Elevating Boats, Llc: The Fifth Circuit’S Improper Expansion Of Jones Act “Seaman Status” Qualification, Timothy M. O'Hara 2015 Pace University School of Law

Naquin V. Elevating Boats, Llc: The Fifth Circuit’S Improper Expansion Of Jones Act “Seaman Status” Qualification, Timothy M. O'Hara

Pace Law Review

The story began nearly a century ago, when Congress enacted the Jones Act and effectively made “seamen the most generously treated personal injury victims in American law.” But defining a Jones Act seaman has not come easy, as it took the United States Supreme Court seventy five years to arrive at the modern seaman status test. This commentary examines the “tortured history” of the Jones Act, how qualification for the statute’s protections has evolved, the modern seaman status test, and the implications of the Fifth Circuit’s recent application thereof. Section II gives a brief history and explanation of ...


Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan 2015 University of Georgia School of Law

Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Newsroom: Wyman Leads Marine Affairs Institute, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Wyman Leads Marine Affairs Institute, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Davey Jones’S Lockup: Changing The U.S. Approach To Prosecution And Punishment Of Maritime Piracy In Universal Jurisdiction Cases, Collin McCarthy 2015 Golden Gate University School of Law

Davey Jones’S Lockup: Changing The U.S. Approach To Prosecution And Punishment Of Maritime Piracy In Universal Jurisdiction Cases, Collin Mccarthy

Golden Gate University Law Review

Recognizing the need for the United States government to take a leadership role in confronting and suppressing the resurging threat of maritime piracy, this Comment evaluates the current status of maritime piracy laws in the United States. Moreover, as the use of legal mechanisms will play a vital part in combating maritime piracy, this Comment seeks to demonstrate that the statutory system as it stands is both outdated and illsuited for addressing the complexities of piracy in the modern era, and will only impede the achievement of current strategic objectives. More specifically, as the crime of piracy is no longer ...


Sea Changes And The American Republic, Dean Rusk, Milner S. Ball 2015 University of Georgia School of Law

Sea Changes And The American Republic, Dean Rusk, Milner S. Ball

Georgia Journal of International & Comparative Law

No abstract provided.


Situational Crime Prevention And Worldwide Piracy: A Cross‑Continent Analysis, Jon M. Shane, Eric Piza, Marissa Mandala 2015 CUNY John Jay College

Situational Crime Prevention And Worldwide Piracy: A Cross‑Continent Analysis, Jon M. Shane, Eric Piza, Marissa Mandala

Publications and Research

Relying on situational crime prevention perspective, this study compares successful and unsuccessful pirate attacks reported to the International Maritime Bureau (IMB) from the year 2000 through 2013 (n = 4,902). The study builds upon the recent work of Shane and Magnuson in Justice Quarterly, pp 1–26 (2014), which found various SCP techniques effectively prevented piracy attacks on a global level. The current study builds upon these findings by testing whether the global effect of SCP is consistent across individual continents. A series of mixed-effects logistic regression models and follow-up likelihood ratio tests were incorporated to explore the research question ...


Beyond The Polar Code: Assuring Safe & Environmentally Sound Arctic Navigation, Ulf Siwe 2015 Chalmers University of Technology

Beyond The Polar Code: Assuring Safe & Environmentally Sound Arctic Navigation, Ulf Siwe

ShipArc 2015 Conference

No abstract provided.


Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts 2015 U.S. Naval War College

Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts

International Law Studies

The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point ...


Emerging Technologies And Loac Signaling, Eric Talbot Jensen 2015 U.S. Naval War College

Emerging Technologies And Loac Signaling, Eric Talbot Jensen

International Law Studies

As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide national decisions on what new technologies to weaponize and how to do so in a way that ensures compliance with battlefield regulation. LOAC has served this "signaling" function historically with respect to innovative weapon systems such as balloons, submarines, airplanes, and nuclear weapons, and will continue to do so as nations look forward to potentially weaponizing emerging technologies.


Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson 2015 DePaul University

Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson

International Human Rights Law Journal

This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.


Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, Richard Lee 2015 University of Georgia School of Law

Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, Richard Lee

Georgia Journal of International & Comparative Law

No abstract provided.


Finding The Adequate Legal Framework For The Deployment Of Ocean Renewable Energy Through Area-Based Management, Xiao Recio-Blanco 2015 Duke University

Finding The Adequate Legal Framework For The Deployment Of Ocean Renewable Energy Through Area-Based Management, Xiao Recio-Blanco

Xiao Recio-Blanco

The world runs on electricity, but its global distribution is uneven and incomplete. The lack of access to electricity denies some people the most basic benefits, from healthcare and sanitation to security and economic development.

To increase access to electricity, most developing nations have relied on traditional sources of energy, namely fossil fuels, and the extension of a central electrical grid. Scholars and specialized International Organizations suggest that the implementation of renewable energy technologies through small-to-mid scale grid projects could be a reliable alternative. However, renewable energy technologies must overcome three formidable hurdles: low reliability, uneven availability, and the high ...


Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan den Dulk, Angeline Lewis 2015 U.S. Naval War College

Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis

International Law Studies

The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.


The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti 2015 U.S. Naval War College

The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti

International Law Studies

China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.


An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green 2015 Pace University School of Law

An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green

Pace International Law Review

The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators from the ...


A Dire Need For Legislative Reform, Patrick Dowdle 2015 Pace University School of Law

A Dire Need For Legislative Reform, Patrick Dowdle

Pace International Law Review

In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a ...


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky 2015 Seattle University School of Law

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even ...


Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig 2015 Seattle University School of Law

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and ...


United States Migrant Interdiction And The Detention Of Refugees In Guantánamo Bay, Azadeh Dastyari 2015 Monash University

United States Migrant Interdiction And The Detention Of Refugees In Guantánamo Bay, Azadeh Dastyari

Azadeh Dastyari

This book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its ...


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