Law Commons^™

Sustainable Seabed Mining And The Phase 1 Environmental Standards And Guidelines, Keith Macmaster

Articles, Book Chapters, & Popular Press

The oceans are home to a rich diversity of plant and animal life and a source of food and marine resources that drive economies. Climate change and pollution are changing ocean dynamics and the ability to support life. Seabed mining in areas beyond national jurisdiction will add to the ocean's stressors and could cause severe environmental damage. The International Seabed Authority (“ISA”) is mandated to manage access to and benefits from the seabed, its subsoil and mineral resources in areas beyond national jurisdiction (the “Area”). Although the United Nations Convention on the Law of the Sea sets out the legal …

The Dragon-Kings’ Restraint: Proposing A Compromise For The Eez Surveillance Conundrum, Asaf Lubin

Articles by Maurer Faculty

The United States and China are at it again, as naval and aerial interceptions in and around the South China Sea become a matter of disturbing routine. At the heart of the dispute stands the lingering question of whether customary international law as reflected in the United Nations Convention on the Law of the Sea (“UNCLOS”) authorizes third States to engage in surveillance and military maneuvers in coastal States’ Exclusive Economic Zones (“EEZ”) without their consent. The answer lies in interpreting Article 58(1) of UNCLOS. This paper aims to respond to the calls put forward by States, scholars, and research …

Under International Law, Must A Ship On The High Seas Fly The Flag Of A State In Order To A Void Being A Stateless Vessel? Is A Flag Painted On Either Side Of The Ship Sufficient To Identify It?, Barry Hart Dubner, Mary Carmen Arias

Faculty Scholarship

No abstract provided.

The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero

Faculty Scholarship

No abstract provided.

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

Articles

• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress

Going Overboard: The Criminalization Of Seafarers In Violation Of Their Human Rights, Regional And Domestic Law's Conflict With Unclos And Marpol, And The Need For Reform, Megan K. Reid

Student Works

Following an oil spill, swift and aggressive measures are often taken to ensure that the public demand for justice is fulfilled. Unfortunately, seafarers are often placed in the post-incident spotlight, regardless of whether the incident involved operational error. During the 2002 Prestige accident, an oil spill formed off the coast of Spain in the middle of a raging storm. Spanish authorities denied the ship access to a calm harbor, which would have allowed the captain and crew to mitigate the environmental harm.

Part I of this article will review the Prestige oil spill, where criminal liability was imposed on the …

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

Invasive Seaweed: Global And Regional Law And Policy Responses, Meinhard Doelle, Moira Mcconnell, David Vanderzwaag

Articles, Book Chapters, & Popular Press

We consider law and policy responses to invasive seaweeds at global and regional levels. Key global regimes considered include the 1982 United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, the Ramsar Convention and the Bonn Convention on Migratory Species. Contributions from the Food and Agriculture Organization and the International Maritime Organization are also considered in the global context. At a regional level, examples of efforts in North America and Europe are offered to illustrate challenges and opportunities for regional responses to invasive seaweeds. We conclude with law and policy recommendations, most notably the need …

Complementary Agreements And Compulsory Jurisdiction, Bernard H. Oxman

Articles

No abstract provided.

Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman

Articles

No abstract provided.

The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy

Publications

No abstract provided.

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.

Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx

LLM Theses and Essays

This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.