Digital Commons Network^™

The Widespread Handcuffing Of Arrestees In The United States, Francois Quintard-Morenas

Francois Quintard-Morenas

Handcuffing in the United States has become ubiquitous, regardless of age, offense, or circumstances. Across the nation, children, teenagers, women, men, and elders are handcuffed upon arrest for the most minor offenses. Their ages range from five to ninety-seven. This phenomenon has received little attention from legal scholars, despite its dramatic reversal of a long-standing common law rule.

At common law, police officers were prohibited from handcuffing arrestees absent special circumstances, such as a threat to safety, resistance, or risk of escape. Established in nineteenth-century England and embraced early by U.S. courts, this principle still prevails in most common law …

An Ethnographic Analysis On The Effects Of The Closure Of Hovensa Oil Refinery On The Commercial Fishing Community On St. Croix, U.S.V.I., Samantha J. Feingold

Open Access Theses

This study is an ethnographic analysis on the effects of the closure of HOVENSA oil refinery on the commercial fishing community on St. Croix, U.S.V.I. It adds to the literature on resilience of fishing communities on how a major corporation can impact a fishery. The study used an ethnographic analysis that included a Rapid Impact and Vulnerability Assessment (RIVA), which evaluated the socio-economic outcomes and consequences of the closure on the fishing community and the fishermen’s livelihood strategies. To assess whether the commercial fishing community will be resilient in the future if the economic decline remains or worsens, social, financial …

Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman

Seattle University Law Review

Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …

Concerns Rise About Dwindling Supplies Of Bluefin Tuna In Mexican Waters, Carlos Navarro

SourceMex

No abstract provided.

Good Fences Make Good Neighbours: Challenges And Opportunities In Finalising Maritime Boundary Delimitation In The Malacca Strait Between Indonesia And Malaysia, I Made Andi Arsana

Indonesian Journal of International Law

Maritime boundary issues are by no mean new for Indonesia and Malaysia. Notwithstanding the fact that Indonesia and Malaysia signed a maritime boundary agreement as early as 1969, the two States have yet to finalise various pending maritime boundaries between them. Compelling cases such as Ambalat Block dispute (2005, 2009), Tanjung Berakit incident (2010) another incidence in the Malacca Strait (April 2011) and others maritime boundary issues are apparently consequences of unfinished maritime boundaries between Indonesia and Malaysia. This paper seeks to analyse challenges and opportunities in finalising maritime boundaries in the Malacca Strait between Indonesia and Malaysia. It focuses …

Towards Principled Fisheries Governance Australian And Indonesian : Approaches And Challenges, Chomariyah Chomariyah

Indonesian Journal of International Law

The principled fisheries governance coexist two concepts under the precautionary principle. The first one, based on the strengthening of the concept of environmental protection, aims to promote a prevention proportional to the potential risks. The second one looks for the eradication of risks and it may even require the ‘‘proof demand’’ of innocuousness. Implementation of the precautionary principle in the fishing sector became established as a reaction in general situation of world fish stocks to guarantee the sustainability of the exploitations. This paper tries to stress the implementation of the precautionary principle in Australia’s practice to application in Indonesia’ legal …

European Union Bans Fish Imports From Belize, Louisa Reynolds

NotiCen

No abstract provided.

A Crude Awakening: The Relationship Between Petroleum Exploration And Environmental Conservation In Western Uganda, Kristina Ericson

Independent Study Project (ISP) Collection

In this study the researcher aims to explore the emerging oil and natural gas processes in the Republic of Uganda and the potential impacts that such exploration will generate upon Uganda’s biodiversity and local livelihoods. The researcher will approach this topic through extensive research on emerging and current legal frameworks pertaining to Uganda’s natural environment, and through practicum-based research via leading non-profit organizations in Uganda.

During the research process the researcher worked as a Student Research Intern with International Alert. International Alert is an international Non-Governmental Organization (NGO) that works to promote peace building and conflict resolution in over thirty …

Turkey’S Involvement In Somalia: Assesment Of A State-Building In Progress, Mehmet Ozkan

Mehmet OZKAN

No abstract provided.

Fishing Moratoria And Securing Turfs: Creating Opportunities For Future Marine Resource Abundance In The Face Of Scarcity In Western Africa, Anastasia Telesetsky

Georgia Journal of International & Comparative Law

No abstract provided.

Russia And The Caspian Sea: Projecting Power Or Competing For Influence?, Tracey German Dr.

Monographs, Collaborative Studies, & IRPs

This monograph examines Russia’s policy toward the Caspian Sea region as Moscow attempts to counterbalance growing American involvement within what it perceives to be its zone of privileged interest. It focuses on the recent expansion of the Caspian Flotilla and the rationale behind it. Moscow has sought to counterbalance the growing involvement of other actors in the region, which has led to rising tension between Russia and its southern neighbors. The primary objectives of the research are to examine Russian perceptions of threat and security in the Caspian region and assess the implications for other actors. This monograph analyzes the …

Governing A Global Commons: Sharks In The High Seas, Jared R. Wigginton

Villanova Environmental Law Journal

No abstract provided.

Global Environmental Law At A Crossroads: Introduction, Robert V. Percival, Jolene Lin, William Piermattei

Robert Percival

No abstract provided.

Advances In Aquatic Target Localization With Passive Sonar, John Thomas Gebbie

Dissertations and Theses

New underwater passive sonar techniques are developed for enhancing target localization capabilities in shallow ocean environments. The ocean surface and the seabed act as acoustic mirrors that reflect sound created by boats or subsurface vehicles, which gives rise to echoes that can be heard by hydrophone receivers (underwater microphones). The goal of this work is to leverage this "multipath" phenomenon in new ways to determine the origin of the sound, and thus the location of the target. However, this is difficult for propeller driven vehicles because the noise they produce is both random and continuous in time, which complicates its …

Los Baños Times, Vol. 34, No. 6, College Of Development Communication, University Of The Philippines Los Baños

Los Baños Times

No abstract provided.

Global Population Structure Of The Dusky Shark And Geographic Sourcing Of Shark Fins From Commercial Markets, Teagen K. Gray

HCNSO Student Theses and Dissertations

The dusky shark, Carcharinus obscurus, is a globally distributed, coastal-pelagic species subject to an apparent high level of exploitation. The International Union for the Conservation of Nature (IUCN) lists this species as “Vulnerable” globally, and “Endangered” within western North Atlantic and Gulf of Mexico waters due to an over 80% decline in this region, with no evidence of population recovery. The extensive exploitation of dusky sharks may partly be attributed to the high market value of its fins, but the contribution of individual dusky shark stocks to the fin markets is unknown. This knowledge would be helpful to detect …

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

United States Negotiates Prisoner Exchange to Secure Release of U.S. Soldier Held in Afghanistan • United States Refuses to Grant Visa to Iranian UN Envoy • Multilateral Naval Code of Conduct Aims to Prevent Unintended Conflict in Contested Areas of East and South China Seas • Senate Approves Treaties to Regulate Fishing • United States Indicts Chinese Military Officials for Economic Espionage • U.S. Supreme Court Declines to Terminate Long-Running Efforts to Force Argentina to Pay Defaulted Sovereign Debt • United States Condemns Uganda’s Antigay Law as Violating Human Rights • President Barack Obama Certifies That U.S. Peacekeepers in Mali …

An Institutional, Socio-Economic, And Legal Analysis Of Fisheries Co-Management And Regulation In The Gulf Of Nicoya, Costa Rica, Alejandro J. Garcia Lozano

FIU Electronic Theses and Dissertations

Marine Areas for Responsible Artisanal Fishing (AMPR) have emerged as a new model for co-managing small-scale fisheries in Costa Rica, one that involves collaboration between fishers, government agencies and NGOs. This thesis aims to examine the context for collective action and co-management by small-scale fishers; evaluate the design, implementation, and enforcement of AMPRs; and conduct a linguistic analysis of fisheries legislation. The present work relies on the analysis of several types of qualitative data, including interviews with 23 key informants, rapid rural assessments, and legal documents. Findings demonstrate the strong influence of economic factors for sustaining collective action, as well …

The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law

Gabriela A. Oanta Associate professor of public international law

This article analyzes the contribution of the International Tribunal for the Law of the Sea (ITLOS) to the development of the international law of the sea. On the hand, the mechanism of dispute settlement provided by UNCLOS and other international agreements adopted in the last thirty years approximately over the oceans and seas will be studied. And on the other hand, this article presents an analysis of the past, present and future activity of the International Tribunal for the Law of the Sea with regard to the two polar regions, the Arctic and the Antarctica. Antarctica lato sensu has received …

The Atlantic Bluefin Tuna: A Tragedy Of The Commons On The High Seas, Janice G. Boswell

2014 Student Theses

Considered the biggest threat to marine ecosystems today, it is estimated that three fourths of the world’s fish stocks are being harvested faster than they can reproduce. Because the ocean is not subject to defined property rights, there exists a “race to the bottom” encouraged by the rise of industrial fishing, as well as a voracious global demand. The Atlantic bluefin tuna provides a glaring example of an overfished species on the brink of extinction due to its popularity in the Japanese market. Its rarity and esteem have made it the most expensive fish in the sea and policy has …

May 06, 2014 (Tuesday) Daily Journal, Kankakee Daily Journal

The Kankakee Daily Journal - DJ1

No abstract provided.

Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril

PhD Dissertations

For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and …

Conch Population Demographics And Habitat Association Near Port Everglades Inlet, Florida, Charlotte A. Berry

HCNSO Student Theses and Dissertations

The queen conch (Strombus gigas) is a large marine gastropod found throughout the tropical western Atlantic including Florida. Overfishing and habitat loss have led to Caribbean-wide population declines requiring regional protections. On Florida’s east coast, aggregations of conch were previously reported just south of a major shipping port near Ft. Lauderdale, unusually high latitude for the species. This study was designed to investigate the spatial extent and population demographics of the Ft. Lauderdale conch. In summer 2012, broad-scale population surveys were conducted to document benthic cover and conch distribution and size data along 72 random transects stratified across …

Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich

Quentin Hanich

No abstract provided.

Exclusive Economic Zones And Pacific Developing Island States - Who Really Gets All The Fish?, Quentin A. Hanich, Ben M. Tsamenyi

Quentin Hanich

The establishment of exclusive economic zones (EEZs), through the 1982 United Nations Convention on the Law of the Sea (LOSC), changed the allocation of fishing rights. These zones allocated all fishing rights within 200 nautical miles of land to neighbouring coastal States. This change dramatically increased sovereign rights for Pacific small island States. In many cases, these States, with limited terrestrial resources, were allocated large resource rich EEZs that had previously been dominated by distant water fishing States. Distant water fishing States, concerned that they would lose access to 85-90% of the world's active fishing grounds, argued that the LOSC …

Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie

Quentin Hanich

This report sets out the results of five analytical projects undertaken to support the development of a Regional MCS Strategy for Pacific oceanic fish stocks. The overarching purpose of the Strategy is to support a management regime and associated measures that will ensure the long term sustainability of oceanic fish stocks and associated economic benefits flowing from them to Pacific Island Countries. Extensive consultation was undertaken in support of the projects including visits by the project team to 16 of the 17 FFA member nations, direct consultation with staff from key regional institutions (e.g. WCPFC, SPC, USP), as well as …

Interest And Influence - Conservation And Management In The Western And Central Pacific Fisheries Commission, Quentin Hanich

Quentin Hanich

This thesis analyses the failure of the Western and Central Pacific Fisheries Commission to adopt conservation and management measures that are sufficient to ensure the conservation and long term sustainability of bigeye tuna. The analysis focuses on the inter-related fisheries for skipjack, yellowfin and bigeye, and identifies critical challenges to the adoption of sufficient measures. Analysis of these fisheries shows that overfishing of bigeye is occurring and that the migratory, multi-species and multi-gear characteristics of these fisheries create substantial management challenges. The thesis studies the framework for managing these fisheries, the Convention on the Conservation and Management of Highly Migratory …

Moving Beyond Rights-Based Management: A Transparent Approach To Distributing The Conservation Burden And Benefit In Tuna Fisheries, Quentin A. Hanich, Yoshitaka Ota

Quentin Hanich

Determining the distribution of the conservation burden and benefit is a critical challenge to the conservation and management of trans-boundary fish stocks. Given current levels of overfishing and overcapacity in many trans-boundary fisheries, some or all participating States must necessarily reach a compromise with regard to their interests and carry some share of the conservation burden. This article proposes a new approach to distributing the conservation burden and benefit in trans-boundary fisheries, and explores this approach in the world's largest tuna fishery: the tropical tuna fisheries of the western and central Pacific. Such an approach would enable Regional Fisheries Management …

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

Quentin Hanich

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.

Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich

Quentin Hanich

No abstract provided.