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Articles 1 - 8 of 8
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Wet War: North Pacific, Edward J. Oliver
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.
Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen
San Diego International Law Journal
Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime. There is less agreement, however, in how …
Flags Of Convenience Before The Law Of The Sea Tribunal, Tullio Treves
Flags Of Convenience Before The Law Of The Sea Tribunal, Tullio Treves
San Diego International Law Journal
Reflagged vessels and vessels flying flags of convenience (two phenomena that most often coexist) are frequent features in cases brought before the International Tribunal for the Law of the Sea (ITLOS or the Tribunal). Of all the cases decided by the Tribunal, only the Southern Bluefin Tuna cases and the MOX Plant case had nothing to do with this phenomenon; and only the former, which concerns fishing, somehow involves ships.
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
San Diego International Law Journal
The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.
Solutions In The Convention On The Law Of The Sea To The Problem Of Overfishing In The Central Bering Sea: Analysis Of The Convention, Highlighting The Provisions Concerning Fisheries And Enclosed And Semi-Enclosed Seas, Lourene Miovski
San Diego Law Review
In this Article, Ms. Miovski analyzes the justification, under the Convention on the Law of the Sea, for various types of fishery management control over the Central Bering Sea and the interrelationship of the freedoms, rights, duties, and interests recognized in the Convention. A number of theories are advanced to support various types of control under the Convention. After evaluating the various theories, the author considers the dispute resolution mechanisms available under the Convention as well as methods of enforcement. Finally, states' freedoms, rights, duties, and interests, recognized under the various CLOS articles and theories, are summarized. In conclusion, the …
Freedom Of Fisheries Research In The U. S. In The Best Interest Of The United States, William L. Sullivan Jr.
Freedom Of Fisheries Research In The U. S. In The Best Interest Of The United States, William L. Sullivan Jr.
San Diego Law Review
This Article examines the issue of whether the latitude granted to marine researchers has resulted in significant damage to the fisheries resources of the United States. The author further examines the informal procedures whereby illegal fishing activity, under the guise of research, is minimized.
Exclusive Fisheries Zones And Freedom Of Navigation, William T. Burke
Exclusive Fisheries Zones And Freedom Of Navigation, William T. Burke
San Diego Law Review
This Article examines the conflict between the proposed extension of resource fishery zones and its potential interference with the freedom of navigation. The author analyzes the various policies in support of each side, with particular attention to the decisions and principles of conventional and customary law and special reference to provisions of the Convention. The author also examines various proposed measures in light of these legal decisions and principles. The author concludes that only limited authority to affect navigation should be recognized and that this right should be reserved to developing States that have special dependence on fisheries for their …
The Tuna Example: Is There Hope For International Cooperation?, Andrew D. Rose
The Tuna Example: Is There Hope For International Cooperation?, Andrew D. Rose
San Diego Law Review
A thorough analysis of the Commission, its history, purposes, and ensuing legislation will be presented in order to lay the foundation for a discussion of the problems of the Inter-American Tropical Tuna Commission and some suggestions for solving them.