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Full-Text Articles in Arts and Humanities
Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite
Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite
George W. Geib
In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^1 District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects: The prospect before you is truly dark and dreary; yet there is a distant ray of hope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain a …
Ocean Energy And The Law Of The Sea: The Need For A Protocol, Ben Tsamenyi, Max Herriman
Ocean Energy And The Law Of The Sea: The Need For A Protocol, Ben Tsamenyi, Max Herriman
Professor Ben M Tsamenyi
Although fossil fuels are the overwhelming source of energy for the world, and will continue to be so for the foreseeable future, demographic, environmental, political, and economic factors indicate that interest in alternative, renewable sources of energy will grow. There is a need for both global and national policies on ocean energy management. In particular, coastal slates and the energy industry would benefit from guidelines that helped to create a predictable, stable environment in which long-term, high-cost research, development, and investment decisions could be made with confidence. Coastal states have jurisdiction over the maritime zones most relevant to energy production, …
Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle
Towards A Legal Framework For A Single National Ballast Water Management Scheme In Australia, Ben M. Tsamenyi, Stuart B. Kaye, Alison Castle
Professor Ben M Tsamenyi
Introduced Marine Pests (IMPs) pose a serious threat to marine biodiversity in Australia. There are many ways pests are introduced into the marine environment. The major vectors for IMPs are ballast water, ship fouling, accidental introductions due to mariculture and deliberate introduction. The focus of this paper is on the administrative and legislative response to the introduction of IMPs through ballast water. Historically, ballast water accounts for only 15-20 per cent of the invasive marine species found in Australia. Ballast water is, however, becoming the major threatening vector in the last two decades. The current ballast water legislative and administrative …
The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi
The 1997 Australia-Indonesia Maritime Boundary Treaty: A Secure Legal Regime For Offshore Resource Development?, Max Herriman, Ben Tsamenyi
Professor Ben M Tsamenyi
The Treaty between the Government of Australia and the Government of the Republic of Indonesia Establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries was signed in Perth, Australia, on March 14, 1997. The Treaty establishes an area of overlapping jurisdiction in the Timor Sea in which the exclusive economic zone of Indonesia overlays the continental shelf of Australia. Although the 1992 United Nations Convention on the Law of the Sea does not provide well for such a situation, and many other provisions of the Law of the Sea Convention relate to the coastal state in a manner which …
Building Partnerships Of The Ametec With Other Organisations, Ben Tsamenyi, Chris Baldwin
Building Partnerships Of The Ametec With Other Organisations, Ben Tsamenyi, Chris Baldwin
Professor Ben M Tsamenyi
No abstract provided.
Impending Ec Regulation On Iuu Fishing Looms Large Over Industry, Jo-Anne Mccrea, Quentin Hanich, Ben Tsamenyi
Impending Ec Regulation On Iuu Fishing Looms Large Over Industry, Jo-Anne Mccrea, Quentin Hanich, Ben Tsamenyi
Professor Ben M Tsamenyi
It is suggested that a new regulation scheduled to be implemented by the European Union at the beginning of 2010 in an effort to combat illegal, unreported and unregulated (IUU) fishing is likely to have a profound impact on fishing and processing operations worldwide. The IUU Regulation regulates seafood imports to all EU member states and imposes specific requirements on any fishing or processing activity that intends to export into an EU member state. The broad application of the regulation, the power of member states in the implementation of the regulation, and the consequences of non-compliance, are discussed.
Papua New Guinea's Accession To The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, Ben Tsamenyi
Papua New Guinea's Accession To The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, Ben Tsamenyi
Professor Ben M Tsamenyi
Papua New Guinea (PNG) acceded to the 1951 Convention and the 1967 Protocol in 1986, after having initially declined to accept those instruments, which had been extended by the administering power, Australia. This article analyses the background to PNG's accession, and the reasons for its reservations to various provisions. PNG has, for some years, received refugees from West Irian, where the authority of the Indonesian Government continues to be challenged by the OPM (the Free Papua Movement). Before 1984, refugee arrivals were sporadic and involved relatively small groups of people; between February and June 1984, however, over ten thousand West …
Institutional Frameworks For Ecosystem-Based Management In The Asia-Pacific Region, Martin Tsamenyi, Hasjim Djalal, Mary Ann Palma
Institutional Frameworks For Ecosystem-Based Management In The Asia-Pacific Region, Martin Tsamenyi, Hasjim Djalal, Mary Ann Palma
Professor Ben M Tsamenyi
No abstract provided.
Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar
Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar
Professor Ben M Tsamenyi
No abstract provided.
Pacific Islands Tuna Fisheries: The Fisheries Subsidies Debate, Ben Tsamenyi, Vina Ram Biesi
Pacific Islands Tuna Fisheries: The Fisheries Subsidies Debate, Ben Tsamenyi, Vina Ram Biesi
Professor Ben M Tsamenyi
No abstract provided.
The Exercise Of Coastal State Jurisdiction Over Eez Fisheries Resources: The South Pacific Practice, Ben Tsamenyi
The Exercise Of Coastal State Jurisdiction Over Eez Fisheries Resources: The South Pacific Practice, Ben Tsamenyi
Professor Ben M Tsamenyi
One of the new concepts that emerged from the Third Law of the Sea Conference is that of the exclusive economic zone. Coastal states, particularly developing countries, have, by extending their fisheries jurisdiction to 200 nautical miles, acquired considerable problems of enforcement because of physical and economic costs involved. To minimize these, developing countries in the South Pacific are cooperating through the South Pacific Forum Fisheries Agency Convention, inter alia, to devise new strategies of enforcement. A most useful device adopted has been compilation of a Regional Register of Fishing Vessels in "good standing'. -Author
Fishery Management, Environmental Protection And Trade Liberalization, Harry F Campbell, Alistair Mcilgorm, Ben Tsamenyi
Fishery Management, Environmental Protection And Trade Liberalization, Harry F Campbell, Alistair Mcilgorm, Ben Tsamenyi
Professor Ben M Tsamenyi
Discusses marine environment management and maximization of the sustainable use and non-use values of the flow of goods and services generated by that environment. Expands on the traditional economic model of fishery management to include the protection of non-use values. Assesses international agreements made to include the protection of non-use values of the marine environment, and examines the conflict between GATT rules and unilateral attempts to protect existence values. Proposes solutions based on the full cost pricing principle.
Implementing International Environmental Law In Australia: Queensland V The Commonwealth (Full Court Of The High Court Of Australia, Mason Cj, Brennan, Deane, Dawson Toohey, Gaudron And Mchugh Jj 30june 1989), Ben Tsamenyi, J Bedding
Implementing International Environmental Law In Australia: Queensland V The Commonwealth (Full Court Of The High Court Of Australia, Mason Cj, Brennan, Deane, Dawson Toohey, Gaudron And Mchugh Jj 30june 1989), Ben Tsamenyi, J Bedding
Professor Ben M Tsamenyi
No abstract provided.
Australia And The Convention For The Regulation Of Antarctic Mineral Resource Activities (Cramra), Sam Blay, Ben M. Tsamenyi
Australia And The Convention For The Regulation Of Antarctic Mineral Resource Activities (Cramra), Sam Blay, Ben M. Tsamenyi
Professor Ben M Tsamenyi
Australia, a leading Antarctic state that played a key role in negotiating the Convention for the Regulation of Antarctic Mineral Resource Activities, in May 1989 announced its opposition to the Convention and adoption instead of a World Park or Wilderness Reserve concept for Antarctica. This article examines possible environmental and economic reasons for Australia's attitude, which is likely to have significant implications for the future of the Convention and for the Antarctic Treaty System as a whole. -Authors
Fisheries Subsidies, The Wto And The Pacific Island Tuna Fisheries, Roman Grynberg, Ben M. Tsamenyi
Fisheries Subsidies, The Wto And The Pacific Island Tuna Fisheries, Roman Grynberg, Ben M. Tsamenyi
Professor Ben M Tsamenyi
Focuses on fisheries trade, regulated under the "Agreement on Subsidies and Countervailing Measures" outside the World Trade Organization agreement. Suggests much stricter discipline is needed for the sector, led by the environmental interest, the USA and New Zealand. Relates fish stock depletion to subsides, which are not quantifiable, in order to create a free market and efficient producers. Points out that technology and high incomes created the fish stock depletion, so subsidies are irrelevant; while all World Trade Organization members subsidize fisheries, none can be found to attack it. Proposes new World Trade Organization disciplines for licensing, training and compensating …
Legal Aspects Of Fisheries: The Need For Legal Training Facilities In The South Pacific., Ben Tsamenyi
Legal Aspects Of Fisheries: The Need For Legal Training Facilities In The South Pacific., Ben Tsamenyi
Professor Ben M Tsamenyi
Many of the small developing island states in the South Pacific have claimed exclusive economic zones (EEZs). Those who have not yet done so are in the process of making their claims as part of their Law of the Sea Convention implementation programs. One of the problems being faced by by the South Pacific states with regard to their EEZ claims is the shortage of trained personnel, particularly in the legal field, to manage their fisheries resources. A regional strategy for training in the legal aspects of fisheries is necessary.-Author
The Royal Australian Navy: Meeting The Challenge In Environmental Compliance, Ben Tsamenyi, Barry Snushall
The Royal Australian Navy: Meeting The Challenge In Environmental Compliance, Ben Tsamenyi, Barry Snushall
Professor Ben M Tsamenyi
No abstract provided.
The Institutional Framework For Regional Cooperation In Ocean And Coastal Management In The South Pacific, Ben Tsamenyi
The Institutional Framework For Regional Cooperation In Ocean And Coastal Management In The South Pacific, Ben Tsamenyi
Professor Ben M Tsamenyi
Constrained by physical and economic factors, the States and Territories in the central and southwestern Pacific region (the Pacific Island States and Territories) have utilized regional cooperation in addressing many of the coastal and marine resources development issues facing the region. Regional cooperation in dealing with coastal and marine issues has been facilitated largely through the establishment of a number of regional organizations. This article discusses the institutional frameworks for regional cooperation in coastal and marine resources and environmental management by the Pacific Island States and Territories. The article also highlights efforts being made to achieve better harmonization of the …