Digital Commons Network^™

Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler

Catholic University Journal of Law and Technology

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari

Indonesia Law Review

Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not consider Indonesia’s context of less developed administrative institutions in the regions. Not only did desentralisasi cause headaches for the government, it also created confusion for foreign investors. Consequently, it affects the investment climate in the country and undermines the perception of Indonesia as an attractive place to invest in. …

Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal

Indonesia Law Review

Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia …

Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari

Indonesia Law Review

Controlling migration in the world's largest archipelago brings various challenges to Indonesian authorities that differ from other countries. The difficulties become even more complicated since Indonesia has been known as the most favorite transit country for people who want to migrate to Australia due to its strategic geographical location, which is situated between the continents of Asia and Australia and between the Pacific and Indian oceans. Following this, the decision of choosing the mechanism of criminal law to deal with irregular migration from the start leads Indonesia to its acknowledgment as a country who is vulnerable to the trend of …

Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah

Indonesia Law Review

Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in …

Climate Change And Forest Governance: Lessons From Indonesia, Birkah Latif

Indonesia Law Review

Climate change and forest governance have always been discussed between scholars, governments and all stakeholders who engage in the issues. Discussions have been arisen from time to time on how devastating the impacts of environment loss caused by the acts of people. These impacts have brought people and countries to see the problems more seriously and attentively.

Review Of The Capacity Of The Implementation Of Ballast Water Management Convention In Sri Lanka As Flag State, Port State And Coastal State, Thalatha Sreeni Ranasinghe

World Maritime University Dissertations

No abstract provided.

Potentiality Of A Shipbuilding Industry In South Africa : Regulation Or No Regulation, Khethukuphila Sabelo Ngubane

World Maritime University Dissertations

The shipbuilding industry is undoubtedly critical for the economic growth with the offshore market still proving to be the increasingly important market segment of the industry. The industry is labour and capital intensive. The shipbuilding’s ability to contribute towards economic growth enables developing nations to create new job opportunities for local citizens, and as a result reducing poverty. South Africa is a developing nation that is faced with a high unemployment rate of 25%, and has identified the ocean economy as a potential driver to stimulate and sustain economic growth through the marine transport manufacturing industry. However, recent figures in …

Analysis Of Productivity In Dredging Project : A Case Study In Port Of Tanjung Perak Surabaya – Indonesia, Tiggi P. Hardya

World Maritime University Dissertations

No abstract provided.

Limitation Of Liability For Maritime Claims : A South African Perspective, Wandile Zondo

World Maritime University Dissertations

The dissertation is a study of the South African limitation of liability for maritime

claims regime in relation to the International conventions on the subject. South

Africa is not a party to the limitation of liability international conventions. South

African limitation legislation is considered and compared to the International

conventions on certain aspects.

Judicial perspectives of certain aspects in relation to the concept of limitation of

liability, like, inter alia, onus of proof, conduct barring limitation and forum

shopping are discussed. In the South African limitation regime, shipowners can

discharge the onus by proving an absence of fault or privity. …

Criminal Procedures And Sanctions Against Seafarers After Large-Scale Ship-Source Oil Pollution Accidents : A Human Rights Perspective, Anete Logina

World Maritime University Dissertations

The international maritime community is highly concerned about the unfair application of criminal procedures and sanctions against seafarers, particularly after large-scale ship-source oil pollution accidents, because such unfairness may cause severe negative consequences for individual seafarers and the shipping sector in broader terms. A lot of work has already been done towards the elimination of the respective unfairness. Yet, the unfair practice continues. This dissertation attempts to give new ideas as to how to facilitate the fair application of criminal procedures and sanctions against seafarers after large-scale ship-source oil pollution accidents.

The dissertation starts with the clear definition and comprehensive …

South African Owned Shipping And Potential Benefit For South Africa : A Ship Owners’ Perspective, Tebogo Gift Mabiletsa

World Maritime University Dissertations

No abstract provided.

Oil Spill Preparedness In Sweden : Prevention, Planning, And Response For Large Accidents, Jonas Pålsson

World Maritime University Dissertations

This dissertation has analysed the Swedish oil spill preparedness between 2010 and 2015 by examining management, prevention, planning and response, and compared it to international practices. The study is based on analysis of available data, surveys administered to the coastal County Administrative Boards and municipalities, and interviews with the national oil spill experts.

Oil spills can cause significant acute damage to the environment. Sweden has a long coastline with intense shipping traffic. This suggests a high risk of a large oil spill occurring, but no oil spill over 1,200 tonnes has affected the Swedish territorial waters or Exclusive Economic Zone. …

The Policy Exploration Of The South African Exclusive Economic Zone /, Thulile Khanyile

World Maritime University Dissertations

No abstract provided.

An Analysis Of Fisher Practices And Attitudes Towards Marine Resource Management And Regulations In St. Kitts And Nevis /, Queeley Maritza

World Maritime University Dissertations

No abstract provided.

The Effects Of The Implementation Of The Kenya National Electronic Single Window System On Trade Facilitation /, Mwanaulu Issa Mwajita

World Maritime University Dissertations

This research analyses the impact in Kenya of the use of the Kenya National Electronic Single Window System by trade stakeholders. The study investigates the role that the establishment of the Single Window System (SWS) plays in improving the efficiency of the cargo clearance process. It also analyses the benefits and challenges that the trade stakeholders have experienced from the onset of the SWS roll-out. This research highlights relevant issues related to trade facilitation and presents an overview on the SWS as one of the tools for trade facilitation. A review of the background of trade facilitation and the relevant …

Port Investment Risk : Qualitative Review Of South African Port Investment Valuation Framework, Malibongwe Theophilus Ndlozi

World Maritime University Dissertations

No abstract provided.

Oil Spill Response In Japan, Kazuya Shintani

World Maritime University Dissertations

No abstract provided.

Seafarer Training In Somalia As A Deterrent To Piracy, Koki Matsushima

World Maritime University Dissertations

No abstract provided.

Compliant Strategy For Shipowners Towards Sustainable Maritime Transport : A Decision Framework For Air Emission Reduction Measures, Aditya Srivastava

World Maritime University Dissertations

IMO uses three pillar strategy for air emission reduction including, technical, operational and market-based measures (MBM). The dissertation briefly describes the maritime regulatory framework for reduction of emissions. An overview on air emissions caused by the shipping sector is analysed. A brief look is taken on the need and methodology for inventory management of air emissions. A comparison between the market-based measures, operational measures, carbon tax and abatement measures for averting air emissions of carbon equivalent is made. The author has examined the abatement measures available to shipowners. This section also investigates the response of shipowners to different possible measures. …

Dynamic Interrelationships In Returns And Volatilities Among Shipping Freight Markets, Avinash Kumar

World Maritime University Dissertations

This paper explores and analyzes the return lead-lag relationships and volatility transmission among dry bulk, container and tanker shipping freight market after the financial crisis in 2008. However, there are few numbers of studies that investigates such interactions between shipping freight markets, but no studies that also consider potential linkage between container and tanker freight market. This study fills the gap by examining lead-lag and volatility spillover effects among these three shipping freight markets. The Granger causality test and the co-integration analysis are applied to investigate the lead-lag relationship among the Baltic dry index (BDI), Shanghai (export) containerized freight index …

Meeting Of Divergent Realities In Met : A Synergistic Approach To Quality Standards, Katrina Marie Gravador

World Maritime University Dissertations

No abstract provided.

Private Ownership Of Shipping Lines In Ghana : The Challenges And The Way Forward, Priscilla Akua Afful

World Maritime University Dissertations

Private Shipping Line is a business venture in the shipping industry that Ghana cannot boast of as compared to the ports in the country and as such the research seeks to delineate the challenges associated with private ownership of shipping lines in Ghana and the way forward towards the future.

An account is given on the challenges of private ownership of shipping lines which takes into consideration the challenges faced by the national shipping line which led to its demise. Policies made by government are assessed and examined to determine their effects on private entities. A number of solutions are …

Marine Regional Planning Measures To Improve The Sustainability Of The Seaflower Mpa In The Colombian Caribbean Sea/, Sergio Ivan Rueda Forero

World Maritime University Dissertations

No abstract provided.

An Analysis Of The Implementation Of Flag States Obligations In Indonesia A Case Study For Flag State Performance, Syafiuddin Syafiuddin

World Maritime University Dissertations

No abstract provided.

Mixed Migration By Sea : Different Perspectives And The Solutions, Boitumelo Olga Mano

World Maritime University Dissertations

The dissertation is a study of the phenomenon of mixed migration by sea, the different instruments which govern the phenomenon, the enforceability of these instruments, the implications which the phenomenon has and the solutions to migration by sea. The history of migration is briefly looked at as well as the history of the legal instruments and salient international organizations which were created at the time. The definition of the different terms used to refer to migration by sea are examined, taking into consideration the different perspectives which migration by sea can be viewed from. The different applicable legal instruments are …

Existing Conventions And Unmanned Ships - Need For Changes?, Tomotsugu Noma

World Maritime University Dissertations

Driven by ambitious technological developments in automation, statistical figures illustrating that up to ninety per cent of maritime accidents are caused directly or indirectly by Human Element and last but not least by the aspiration to make shipping cos-effective, there are numerous ongoing research and technological developments to realize unmanned ships. In the light of those recent developments this dissertation studies if there is a necessity for changes of existing conventions when introducing unmanned ships into the current maritime transportation system. ’Unmanned ships’ is new trend and there are a lot of ongoing projects. However, there are still many topics …

Kandangan Dry Port Project : An Option Of Solution For Congestion : Case Of Lamong Bay Terminal (Surabaya, Indonesia), Wardhani Pudji Rahmanto

World Maritime University Dissertations

The increasing number of the container throughput and traffic has affected the availability of container yard in Lamong Bay Terminal (TTL). This was due to the development of industries in the hinterland. If TTL cannot handle this, TTL cannot improve their productivity for throughput and this can cause congestion. This study observes political, economic, social, technological, environmental, legal and ethical (PESTELE) factors that need to be considered by Kandangan Dry Port to optimize its purpose as an option of the solution to handle TTL Congestion. By using the 7-point Likert scale analysis tool, the previous data are collected in advance …