Digital Commons Network^™

Developing Methodologies To Assess Organized Crime Strategies In Latin America, Mark Ungar

Research Publications

Because of the increasingly organized and lethal nature of criminality in Latin America and the Caribbean, organized crime policy may be the single most important safeguard for regional security. A policy-relevant understanding requires disentangling these crimes’ many overlapping sources, removing embedded layers of methodological obstruction, and attuning responses with organized crime practice. Using embedded mixed methods to incorporate the ways in which available quantitative data and policies reflect the qualitative conditions of the agencies and processes that produce it, this report works to identify these broken, frayed or invisible inter-connections through a methodological framework as broadly flexible as the criminality ...

Praktik Pembederaan Kembali (Reflagging) Pada Kapal Penangkap Ikan, Melda Kamil Ariadno

Indonesian Journal of International Law

The issue of fishing vessel has been a major concern in the coastal state such as Indonesia. In fact it has been considered a serious matter to be governed and regulated in international law regime. United Nations Convention on the Law of the Sea (UNCLOS) 1982 has enacted that there shall be conservation measures especially in regard to highly migratory fish stocks and straddling fish stock. Unfortunately, there is fraudelent practice of fishing vessel to do a “reflagging” as a means to obtain the right to fish by ignoring the conservation measures upon fisheries resources in the high seas. There ...

Perkembangan Pengelolaan Perikanan Global, Purwito Martosubroto

Indonesian Journal of International Law

Global fisheries production has been marked by the fast growing pattern of capture fisheries production. During the last five decades marine fisheries production demonstrated an increase of nearly 500% or an annual average increase of 4.5%. this spectacular increase raised a global concern since it accompanied by overexploitation of resources in various parts of the world ocean. This concern has led to a series of negotiation in international arena that resulted in the formulation and finally adaption of the Code of Conduct for Responsible Fisheries in FAO in 1995. Elaboration of the implementation of the Code brought about the ...

Piracy In South East Asia: Indonesian & Regional Responses, Hasjim Djalal

Indonesian Journal of International Law

Piracy in high seas has caused a problem itself because there are no particular jurisdictionof any state that governed it. This particular issue falls onto universal jurisdiction in which any state has a jurisdiction to enforce their national regulation about piracy itself. On the other hand, we don’t have sufficient international instrument which obliges the contracting states initiating a cooperation between them to combat piracy. An international cooperation, and even on regional basis (such as ASEAN and Asia-Pacific region) has already taken initiatives to combat piracy. Indonesia, as one of the states involved in international and regional basis regarding ...

Petrel: Platform For Extra And Terrestrial Remote Examination With Lctf, Yoichi Yatsu, Kei Wantanabe, Hiroyuki Kobayashi, Naoki Kawaguchi, Hiroki Hara, Noriatsu Nakamura, Shun Ogata, Kaoru Asaba, Kiyona Miyamoto, Toshihiro Chujo, Saburo Matunaga, Nobuyuki Kawai, Yuji Sakamoto, Kazuhiro Wako, Yoshihide Aoyanagi, Hiroaki Kobayashi, Masashi Uo, Toru Nakano, Takashi Yoshikawa, Eriko Kusunoki, Yu Murata, Norihide Takeyama, Akito Enokuchi, Toshihiko Kimura

Small Satellite Conference

A small satellite ”PETREL” for UV astronomy and remote sensing with ”tunable” multi-spectral cameras conducted by an academia-industrial collaboration is presented. This project was originally proposed by an astronomer who desired a satellite for exploration of explosive objects in ultraviolet. To avoid the earthshine the astronomical observations are scheduled only in the nighttime. To utilize the daytime more electively we conceived a plan of ”satellite sharing” with the industrial collaborators, that can also reduce the developing cost drastically. The daytime mission is spectroscopy that is one of the potential fields in terms of data business, because that can provide chemical ...

The Climate Responsibility Norm Ensuring Meaningful Participation In A Budding International Norm, Katie Lindsay

Hastings Environmental Law Journal

States are shifting their focus from preventing climate change to lessening the potential harms and learning how to live within a harsher climate. This paper focuses on why the international community needs to focus on its climate responsibility to abate these growing concerns. Focusing on the goal, not the form, would allow flexibility and for states to adapt to climate change within their governmental and cultural norms. Developing states should not dedicate resources to monitoring greenhouse gas emissions when their national goals barely make a dent compared to developed states’ total contributions. Mayer argues that a climate assessment norm is ...

Unprecedented Marine Biodiversity Shifts Necessitate Innovation: The Case For Dynamic Ocean Management In The Un High-Seas Conservation Agreement, Erin Barlow

Hastings Environmental Law Journal

The United Nations is currently drafting an international legally binding agreement on the conservation and sustainable use of marine biodiversity in the High Seas (“Agreement”). The Agreement is timely because it is painfully apparent that biodiversity across the globe is rapidly declining. One of the key strategies for species protection and rehabilitation that the Agreement outlines is the creation of marine protected areas (“MPAs”). The Agreement defines a MPA as a geographically defined area designated and managed to achieve specific long-term biodiversity conservation and sustainable use objectives and provide higher protection than the surrounding areas. Further, the Agreement outlines a ...

Trade And Environment In Nafta’S Replacement: An Old Gas Guzzler Gets A Paint Job, Geoffrey Garver

Golden Gate University Environmental Law Journal

The North American Free Trade Agreement (NAFTA)2 is now history, and, depending on where you are, as of July 1, 2020, the Canada- United States-Mexico Agreement (CUSMA) in Canada, the United- States-Mexico-Canada (USMCA) in the United States, or the Tratado entre M´exico, Estados Unidos y Canad´a (T-MEC) is in force. The renegotiation of NAFTA fulfilled candidate Donald Trump’s promise to scrap or renegotiate NAFTA in order to protect and restore United States jobs and industrial capacity and increase economic growth, themes that consistently helped define his trade agenda politically as President. But what about the environment ...

A Decade Of Incorporating Social Sciences In The Integrated Marine Biosphere Research Project (Imber): Much Done, Much To Do?, Ingrid Van Putten, Rachel Kelly, (...), Kevin Weng, Et Al

VIMS Articles

Successful management and mitigation of marine challenges depends on cooperation and knowledge sharing which often occurs across culturally diverse geographic regions. Global ocean science collaboration is therefore essential for developing global solutions. Building effective global research networks that can enable collaboration also need to ensure inter- and transdisciplinary research approaches to tackle complex marine socio-ecological challenges. To understand the contribution of interdisciplinary global research networks to solving these complex challenges, we use the Integrated Marine Biosphere Research (IMBeR) project as a case study. We investigated the diversity and characteristics of 1,827 scientists from 11 global regions who were attendees ...

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete ...

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger E. Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete ...

International Environmental And Resources Law, Kristen Hite, Lynn A. Long, Stephanie Altman, Derek Campbell, David Gravallese, Richard A. Horsch, David Hunter, Erika Lennon, Thomas Parker Redick, Matt Oakes, Erica Lyman, Andrew Schatz, Baskut Tunack, Giulia Carlini

The Year in Review

No abstract provided.

The Camouflaged Crime: Perceptions Of Poaching In Southern Appalachia, Randi Miller

Electronic Theses and Dissertations

The purpose of this study was to explore perceptions of poaching within the Southern Appalachian Region. To date, little research has been conducted on the general topic of poaching and no studies have focused on this Region. Several research questions were pursued, including perceptions of poacher motivations, methods and concern regarding apprehension and punishment. The study gathered data through qualitative interviews with 27 conservation officers and outdoorsmen located in Southern Appalachia to address these questions. Results provided useful information regarding the unique characteristics of the poaching problem within the Region, which are discussed in detail. Implications and directions for future ...

Compilation And Review Of Sea Turtle Rehabilitation Protocols And Career Guidance From Conservation Professionals In The Eastern United States, Kelsey Davis

Honors College

Seven species of sea turtle are found on earth and all are either threatened or endangered. Unfortunately, these animals are under duress due to numerous anthropogenic causes. The increasing concentrations of greenhouse gases in our atmosphere has led to extreme global weather fluctuations, which leads to the cold stunning events seen among turtles in the north eastern United States every year. Illegal fishing practices and illegal boating lead to severe and critical injuries. Coastal development destroys integral nesting grounds. The rehabilitation of sea turtles is one solution to the preservation and conservation of these species. This thesis analyzes current rehabilitation ...

Komnas Ham's Human Rights Jurisdiction Over Businesses Involved In The Haze Crisis, Iman Prinhandono, Nadirsyah Hosen, Kelly Boom

Indonesia Law Review

Indonesia’s forest fires have caused a serious haze problem nationally and in the Southeast Asian region, which has caused harm to the rights to life, health and a healthy environment, work, education, and many others. The forest fires largely stem from harmful slash-and-burn methods of land clearing, done at large scales by corporations. Judicial mechanisms have proven ineffective to deter violating corporations and bring justice to victims. From a legal standpoint, Komnas HAM’s quasi-jurisdictional powers allow it to act as a non-judicial grievance mechanism for victims in the haze crisis and against violating corporations. However, issues with the ...

The Search For Bright Lines In Takings Clause Analysis: Maritrans, Inc. V. United States, J. Scott Richardson

Journal of Natural Resources & Environmental Law

No abstract provided.

Modeling The Ecological Dynamics Of A Three-Species Fish Population In The Chesapeake Bay, Iordanka N. Panayotova, Maila B. Hallare

CODEE Journal

We present an inquiry-based project that is designed for a mathematical modeling class of undergraduate junior or senior students. It discusses a three-species mathematical model that simulates the biological interactions among three important fish species in the Chesapeake Bay: the prey Atlantic menhaden and its two competing predators, the striped bass and the non-native blue catfish. The model also considers the following ecological issues related to these three species: the overfishing of menhaden, the invasiveness of the blue catfish, and the harvesting of blue catfish as a method to control the population. A series of modeling scenarios are considered based ...

Slippery Fish: Enforcing Regulation When Agents Learn And Adapt, Andres Gonzalez Lira, Ahmed Mushfiq Mobarak

Discussion Papers

Attempts to curb undesired behavior through regulation gets complicated when agents can adapt to circumvent enforcement. We test a model of enforcement with learning and adaptation, by auditing vendors selling illegal fish in Chile in a randomized controlled trial, and tracking them daily using mystery shoppers. Conducting audits on a predictable schedule and (counter-intuitively) at high frequency is less effective, as agents learn to take advantage of loopholes. A consumer information campaign proves to be almost as cost-effective and curbing illegal sales, and obviates the need for complex monitoring and policing. The Chilean government subsequently chooses to scale up this ...

The Right Of Hot Pursuit At Sea: Clarity In International Law And Difficulties In Its Application, Amer Fakhoury

Journal Sharia and Law

This research examines the right of hot pursuit in the international Law of the Sea. In this research, I analyze critically the development of the right, its present status and position in the future. The doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. As stated in article 111 of the Law of the Sea, the hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of ...

From Orbit To Ocean—Fixing Southeast Asia’S Remote-Sensing Blind Spots, Gregory B. Poling

Naval War College Review

Improving maritime domain awareness (MDA) in Southeast Asia is critical not only for regional states but for the national-security interests of the United States. MDA in the coming decades will be dominated by cheaper, more-efficient remote-sensing tools, and the United States and other outside parties should shift toward introducing partners to the booming private-sector offerings in remote sensing.

From The Editors, Robert Ayer

Naval War College Review

No abstract provided.

Winter 2021 Full Issue, The U.S. Naval War College

Naval War College Review

No abstract provided.

Navigating The Blue Economy, Edward Canuel

William & Mary Environmental Law and Policy Review

The time has come, the Walrus said,

To talk of many things:

Of shoes—and ships—and sealing-wax—

Of cabbages—and kings—

And why the sea is boiling hot—

And whether pigs have wings.

And like the conversation of the Walrus and Carpenter walking along the “wet as wet could be” sea, the blue economy offers us the opportunity to talk of many things. Part I of this Article analyzes what the blue economy is and its relevance. Governance mechanisms, including ecosystem-based management and marine spatial planning are introduced and reviewed. The section discusses the benefits associated with such mechanisms ...

Coordination Of Transboundary Marine Protected Areas In The Sulu-Sulawesi Seascape, Lindsey Ellett

UM Graduate Student Research Conference (GradCon)

Transboundary protected areas consist of clearly defined protected areas which are connected across one or more international boundaries and involve cooperation between multiple countries. The number of transboundary protected areas has experienced a dramatic increase in recent decades, and there are currently over 200 transboundary conservation initiatives worldwide. However, relatively few transboundary protected areas have been established for marine environments. Transboundary conservation approaches are integral to managing marine areas due to migratory species and issues like marine pollution and over-exploitation often crossing political boundaries. The development of transboundary marine protected areas (TBMPAs) may strengthen management and conservation by facilitating increased ...

Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo

International Law Studies

China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it ...

Public Perceptions Of Ocean Health And Marine Protection: Drivers Of Support For Oregon’S Marine Reserves, Paul Manson, Max Nielsen-Pincus, Elise F. Granek, Thomas C. Swearingen

Environmental Science and Management Faculty Publications and Presentations

Over the past several decades marine conservation policy has supported the implementation of protected areas in ocean and coastal environments to restrict some elements of human use for ecological benefits. The appropriate extent of protection and the allowable uses are often the subject of public debate about marine protected area policy. Local community dynamics around marine protected area designation and management have been the subject of much ocean and coastal management social science research. However, broader public opinions and attitudes about marine protected areas are not well understood and are critical for managers seeking to maintain their public trust obligations ...

Sovereign Immunity Of Non-Commercial Government Vessels And Due Regard: China Coast Guard In The Natunas, Joy Henri Mangapul, Idris Idris, Chloryne Trie Isana Dewi

Indonesian Journal of International Law

Coastal states possess sovereign rights and jurisdiction within their Exclusive Economic Zone (EEZ), including the exercise of enforcement jurisdiction against foreign vessels conducting violations within the EEZ. However, certain ships are granted sovereign immunity and thus are not subject to coastal state’s jurisdiction. The United Nations Convention on the Law of the Sea (UNCLOS) only stipulated that injuries to the coastal state caused by activities conducted by a sovereign immune vessel will engage that vessel’s flag state responsibility. Indonesia had witnessed numerous violations within its EEZ, especially in waters around Natuna Islands. These violations are conducted by Chinese ...

Responsibilities Of States Sponsoring Persons And Entities Who Conduct Activities In The International Seabed Area, Fatma Muthia Kinanti

Indonesian Journal of International Law

The exploitation of seabed has been regulated in the international sea law regime, namely in UNCLOS 1982 and in its modification regulations, the 1994 Implementing Agreement. This regime regulates the sponsorship mechanism whereby companies wishing to carry out activities in the international seabed must cooperate with states participating in UNCLOS 1982. In addition to providing obligations to companies, the international sea law regime also imposes obligations on the sponsoring state. This obligation is related to the steps that the participating states must take to ensure that no violations or damage occur during the project. This article will discuss the legal ...

Co-Management Of Small-Scale Fishery In The Tonle Sap Lake, Cambodia, Serey Sok, Xiaojiang Yu

Regional Sustainability

In Cambodia, fishery co-management is an important process to transfer authority and ownership to the communities along the Tonle Sap Lake to manage fishery. This paper aims to determine why the co-management of small-scale fishery has not been implemented satisfactorily in the Tonle Sap Lake of Cambodia. The research was primarily based on a household survey among 404 households for quantitative data, equally divided between the Cham (202 households) and Khmer (202 households). Participatory process was also applied to collect qualitative data from key stakeholders. We found that limited interaction among the involved stakeholders, i.e., unequal distribution of authority ...

A Transnational Law Of The Sea, Josh Martin

Chicago Journal of International Law

It is widely accepted that we are presently struggling to govern the vast expanse of the ocean effectively. This Article finally gets to the real cause of much of the failures of the law of the sea: Westphalian sovereignty. In particular, it evidences that certain features of our obstinate model of public international law—such as sovereign exclusivity, equality, and territoriality—can be linked with a large majority of the governance “gaps” in the global ocean context. It thereby exonerates the falsely accused Grotius’s mare liberum doctrine and flag state regulation, which both still continue to receive an unmerited ...