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Articles 1 - 30 of 169
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The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia
The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia
Indonesia Law Review
The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
University of Miami Inter-American Law Review
Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …
Estimating The Extent Of Illegal Fishing In The Exclusive Economic Zone Of Sierra Leone, Isha Jebbeh Kpaka
Estimating The Extent Of Illegal Fishing In The Exclusive Economic Zone Of Sierra Leone, Isha Jebbeh Kpaka
World Maritime University Dissertations
No abstract provided.
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo
International Law Studies
In 2023 China adopted a comprehensive Law on Foreign Relations. Although the law is intended to shape China’s diplomatic relations and its cultural, economic, and other exchanges, as well as China’s relations with the United Nations and other international organizations, implementation of the law will be guided by (inter alia) Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The law makes clear that China’s foreign relations will be conducted to uphold its system of socialism with Chinese characteristics, safeguard its sovereignty, unification and territorial integrity, and promote its economic and social development. This revisionist “rule by …
Natuna Waters: Explaining A Flashpoint Between Indonesia And China, Damos Dumoli Agusman
Natuna Waters: Explaining A Flashpoint Between Indonesia And China, Damos Dumoli Agusman
Indonesian Journal of International Law
Abstract
The Natuna waters have recently been a flashpoint between China and Indonesia as a result of China's vague claim of a nine dash line (9DL). It has caused a number of incidents and standoffs between legal enforcement agencies of both countries and sparked a diplomatic row.
This article explores how the ambiguous claim of a historic right/9DL was gradually introduced by China and then coercively applied in the Natuna waters. It also attempts to identify what China actually claims in the waters. It will then examine how Indonesia under the Jokowi administration responds to the claims, and elaborate what …
Impact Of The Enforcement Of Asean Economic Community On Policy And Strategy Of Sea Transportation Development In Indonesia, Aflah Aflah, Hasim Purba, Suhaidi Suhaidi, Mahmul Siregar
Impact Of The Enforcement Of Asean Economic Community On Policy And Strategy Of Sea Transportation Development In Indonesia, Aflah Aflah, Hasim Purba, Suhaidi Suhaidi, Mahmul Siregar
Indonesian Journal of International Law
This study aimed to determine the impact of the ASEAN Economic Community (AEC) on the national shipping industry highly imbalanced with relevant business policies. The AEC agreement is also expected to positively affect the shipping industry while controlling domestic and competing in international activities. In this study, a normative method was used, with the collection of data carried out through literature studies. The Maritime Vision of Indonesia, which is the Policy Direction and Strategy for The Development of Marine Transportation, was also implemented to motivate the country toward becoming the World Maritime Axis. This emphasized becoming a developed, sovereign, independent, …
Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge
Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge
UC Law SF International Law Review
No abstract provided.
Rethinking Ocean Exclusivity: The Case Of Human Rights, Naama Omri, Gershon Hasin
Rethinking Ocean Exclusivity: The Case Of Human Rights, Naama Omri, Gershon Hasin
University of Pennsylvania Journal of International Law
No abstract provided.
Present And Future Of Environmental Law In Cuba, Daimar Cánovas González
Present And Future Of Environmental Law In Cuba, Daimar Cánovas González
FIU Law Review
The environmental legal framework in Cuba is based on constitutional article 75 and Law 81, of July 11, 1997, on the environment, a framework law on the matter, with a series of complementary provisions with the rank of Decree Law or Ministerial Resolution. The adoption of the new constitutional text in 2019 is followed by the updating of all environmental legislation that requires a new framework law, which fills the gaps in the current one and leads to more effective environmental management. The paper addresses some of the areas in which significant changes have occurred or should occur. In particular, …
Criminal Law Policy In The Field Of Fishery Based On Indonesia’S International Obligation, Marimin Marimin, Lazarus Tri Setyawan, Rb Sularto
Criminal Law Policy In The Field Of Fishery Based On Indonesia’S International Obligation, Marimin Marimin, Lazarus Tri Setyawan, Rb Sularto
Indonesian Journal of International Law
The Indonesian Fisheries Law has determined criminal threats for perpetrators of illegal fishing in the ZEEI. In practice, there are differences in the application of imprisonment instead of fines for Indonesian citizens and foreign nationals who do illegal fishing. Such differences create injustice for Indonesian citizens. The results of the study indicate that criminal law policies in the field of fisheries need to be based on justice, in the sense of equality before the law. Foreign nationals who catch illegal fishing in the ZEEI are subject to imprisonment instead of a fine, while foreign nationals are not. Therefore, the Fisheries …
The Improvised Implementation Of Executive Agreements, Kathleen Claussen
The Improvised Implementation Of Executive Agreements, Kathleen Claussen
Articles
Implementation is at the core of lawmaking in our divided government. A rich literature covers the waterfront with respect to agencies' implementation of legislative mandates, and another equally robust line of scholarship considers Congress's implementation of treaties. Missing from those discussions, however, is another area of implementation central to U. S. foreign relations: the implementation of transnational regulatory agreements.
This Article examines how federal agencies have harnessed far-reaching discretion from Congress on whether and how to implement thousands of international agreements. Agencies regularly implement agreements by relying on a self-developed menu of options, much like they do in the domestic …
Implementation Of The Port State Measure Agreement (Psma) To Combat Iuu Fishing In The Philippines, Marilyn Labasan Jaal
Implementation Of The Port State Measure Agreement (Psma) To Combat Iuu Fishing In The Philippines, Marilyn Labasan Jaal
World Maritime University Dissertations
No abstract provided.
More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne
More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne
Georgia Journal of International & Comparative Law
No abstract provided.
Africa, Tiana Bey, Anne Bodley, Theresa Bowman, Sherri Marie Carr, Michela Cocchi, Johann Ebongom, Mfon Etukeren, Mankah Fombang, Albina Gasanbekova, Ganiyou Gassikia, David Hofisi, Tyler Holmes, Ajani Husbands, Lumela Lumela, Alexandra Meise, Jacques-Brice Momnougui, John Mukum Mbaku, Ivan Allan Ojakol, Kingsley Osei, Amy Reier, Marlyse Sime, Howard Stovall, Jason Tauches, Marc Weitz, Zachary Welch
Africa, Tiana Bey, Anne Bodley, Theresa Bowman, Sherri Marie Carr, Michela Cocchi, Johann Ebongom, Mfon Etukeren, Mankah Fombang, Albina Gasanbekova, Ganiyou Gassikia, David Hofisi, Tyler Holmes, Ajani Husbands, Lumela Lumela, Alexandra Meise, Jacques-Brice Momnougui, John Mukum Mbaku, Ivan Allan Ojakol, Kingsley Osei, Amy Reier, Marlyse Sime, Howard Stovall, Jason Tauches, Marc Weitz, Zachary Welch
The Year in Review
No abstract provided.
International Trade, Theodore P. Brackemyre, Tessa V. Capeloto, Sylvia Y. Chen, Dharmendra Choudhary, Kenneth C. Daines, Jeffrey O. Frank, Cynthia C. Galvez, Geoffrey Goodale, Sahar Hafeez, Michael P. House, Bernd G. Janzen, Elizabeth S. Lee, Usha Neelakantan, Devin S. Sikes, David J. Townsend, Daniel Wilson, Shuaiqi Yuan
International Trade, Theodore P. Brackemyre, Tessa V. Capeloto, Sylvia Y. Chen, Dharmendra Choudhary, Kenneth C. Daines, Jeffrey O. Frank, Cynthia C. Galvez, Geoffrey Goodale, Sahar Hafeez, Michael P. House, Bernd G. Janzen, Elizabeth S. Lee, Usha Neelakantan, Devin S. Sikes, David J. Townsend, Daniel Wilson, Shuaiqi Yuan
The Year in Review
No abstract provided.
International Environmental Law, Anastasia Telesetsky
International Environmental Law, Anastasia Telesetsky
The Year in Review
No abstract provided.
Asia Pacific, Dominque Hogan-Doran Sc, Dr. Stephen Tully, Steve Saunders, Naoko Inoue Shatz, Kyoto Konnai, Yap Yeong Hui, Trishelea Sandosam, Satyajit Gupta, Ricardo Silva, Justin G. Persaud
Asia Pacific, Dominque Hogan-Doran Sc, Dr. Stephen Tully, Steve Saunders, Naoko Inoue Shatz, Kyoto Konnai, Yap Yeong Hui, Trishelea Sandosam, Satyajit Gupta, Ricardo Silva, Justin G. Persaud
The Year in Review
No abstract provided.
Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire
Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire
Sustainable Development Law & Policy
Introduction
The source or initial crime in the illegal wildlife trade chain is mostly committed beyond the shores of North America and Europe. However, the two regions continue to be massive destination markets and key transit hubs for illegal wildlife products. Illegal trade networks are shadowy and therefore problematic to study. This helps explain the wide valuation of illegal wildlife trade currently estimated by the Global Environment Facility (“GEF”) as ranging between 7 and 23 billion dollars per annum.
Policies and strategies to pre-empt or respond to illegal wildlife trade keep evolving as appreciation grows for the previously underestimated complexities, …
Nothing Shellfish About It: Why The Fad Needs To Update The Seafood List To Require Geographic Origin And Species-Specific Shrimp Labeling, Bree Evans
Sustainable Development Law & Policy
Introduction
Imagine you are seated at a nice restaurant down by the wharf where you live. You are celebrating a job offer, out for a romantic night with your partner, or just craving some salt air and a great meal. You would expect the shrimp tacos brought to your table to be fresh and local—the fishing boats are docked just across the boardwalk. But the seafood brought to your table seems off somehow, not quite the same as you remembered it. Unfortunately, this experience is more common than you might think, and it’s getting harder to know how fresh and …
Monitoring Sanctions Compliance At Sea, Richard L. Kilpatrick Jr.
Monitoring Sanctions Compliance At Sea, Richard L. Kilpatrick Jr.
Northwestern Journal of International Law & Business
No abstract provided.
Canadian And Russian Fisheries Management In The Arctic: Complexities, Commonalities And Contrasts, David Vanderzwaag, Vitalii Vorobev, Olga Koubrak
Canadian And Russian Fisheries Management In The Arctic: Complexities, Commonalities And Contrasts, David Vanderzwaag, Vitalii Vorobev, Olga Koubrak
Articles, Book Chapters, & Popular Press
This article reviews and compares Canadian and Russian approaches to Arctic fisheries management through a three-part format. First, the complex array of laws and policies applicable to Arctic fisheries is described for each country. How Canada and Russia have addressed international fishery issues is also highlighted, including their participation in the 2018 Central Arctic Ocean Fisheries Agreement. Second, commonalities in fisheries governance approaches are summarized, including national commitments to implement precautionary and ecosystem approaches. Finally, contrasts in Arctic fisheries management are discussed. Major differences include the greater devolution of management responsibilities by Canada to Indigenous communities through land-claim agreements and …
Implementation Of Human Rights Certification As A Request For Human Rights Protection To Workers In The Fishery Industry, Tito Pramudita
Implementation Of Human Rights Certification As A Request For Human Rights Protection To Workers In The Fishery Industry, Tito Pramudita
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The responsibility of the state is one of the important keys in the life of the state, one of which is in labor matters. In its implementation there are several records of violations of human rights in the Indonesian Sea, namely Trafficking in Persons, Forced / Slavery Labor, Child Labor, Overtime and the absence of health insurance. Research Objectives To analyze regulations in Indonesia regulating the protection of human rights for workers in the fishing industry in Indonesia and Fisheries Human Rights Certification contained in the Minister of Maritime Affairs and Fisheries Regulation No. 35 of 2015 has effectively provided …
A 'Critical Mass' Approach To Negotiations In The Wto: A Case Study Analysis, Temitope O. Adeyemi
A 'Critical Mass' Approach To Negotiations In The Wto: A Case Study Analysis, Temitope O. Adeyemi
Electronic Thesis and Dissertation Repository
The thesis examines the viability of the ‘critical mass’ approach to negotiations as a proper substitute for conventional negotiating formats in present and future World Trade Organization (WTO) trade negotiations. The thesis provides an overview of the traditional negotiating formats in the WTO and its predecessor, the General Agreement on Tariffs and Trade of 1947 (GATT 1947). A case study approach is adopted in the thesis to explain the concept of the critical mass-based negotiating modality in the WTO context. The primary case studies are the existing WTO Information Technology Agreement, the WTO Basic Telecommunication Agreement, the WTO Financial Services …
Maritime Security In South East Asia: Indonesian Perspective, Melda Kamil Ariadno
Maritime Security In South East Asia: Indonesian Perspective, Melda Kamil Ariadno
Indonesian Journal of International Law
Maritime security is an important issue particularly for the archipelagic state. As the largest archipelagic state in the world, Indonesia has its own responsibility to guard its waters from any threat. Indonesian waters have been used for centuries to accelerate international trade. In addition, Indonesia needs to address its boundary problems, handling of piracy, combating Transnational Organized Crime, such as, human trafficking, drugs trafficking, and human smuggling. This article explains on Indonesian perspective of the maritime security in South East Asia.
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
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 Right Of Hot Pursuit At Sea: Clarity In International Law And Difficulties In Its Application, Amer Fakhoury
The Right Of Hot Pursuit At Sea: Clarity In International Law And Difficulties In Its Application, Amer Fakhoury
UAEU Law Journal
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 …
Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo
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 contravenes international law. Numerous …
Integrating Environmental Protection Into Asean Trading System, Kittinut Supsoontornkul
Integrating Environmental Protection Into Asean Trading System, Kittinut Supsoontornkul
Dissertations & Theses
Integrating environmental protection into ASEAN trading system is pivotal for ensuring long-term economic development and environmental sustainability. Due to its resource-based economy, ASEAN's economic performance highly depends on the sustainable condition of the environment. The ASEAN approach prioritizing economic growth without environmental consideration leads to environmental degradation and economic loss. Many transboundary environmental problems in ASEAN result from unsustainable production methods aiming to maximize advantages in trade competition. There are growing international efforts in addressing production and process methods as a part of the sustainable development goal. Major trading partners of ASEAN increasingly employ unilateral environmental trade measures and environmental …
Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan
Comparative Law Enforcement Model At Sea: Lesson Learned For Indonesia, Yetty Komalasari Dewi, Arie Afriansyah, Aristyo Rizka Darmawan
Indonesian Journal of International Law
Illegal, Unregulated, and Unreported Fishing (IUU Fishing) has grown significantly in the last few decades. This practice certainly has and will undermine global fisheries resources even further. As a result, the international community needs to establish measures to prevent the IUUF through international agreements. Presently, the international communities have formed various organizations, both regional and international (regional fisheries management organizations or RFMO), which shows its attention to the need for sustainable fisheries resources management and to prevent any illegal IUU fishing activity. Therefore, every country is currently seeking the law enforcement model to secure its maritime jurisdictions from any IUUF …