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Full-Text Articles in Law
Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch
Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch
Michigan Journal of International Law
Like many fish, sharks are facing unprecedented overfishing. They have been targeted both directly for their fins and caught accidentally (bycaught) in, for instance, tuna fisheries. This has led to collapsing stocks around the world. Overfishing has led to what has been termed a mass extinction among ocean species, and sharks are no exception-they are in fact especially vulnerable. As a result, many species of sharks are now listed on the Red List of the International Union for Conservation of Nature (IUCN). This problem can only be tackled through coordinated, cooperative action by all states. This Note explores one avenue …
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Michigan Journal of International Law
Territory, or the concept of territory, thus asserts itself throughout the discipline of public international law, and its influences can be felt either through direct means or discrete.
"Normalizing" The International Convention For The Regulation Of Whaling, Michael Bowman
"Normalizing" The International Convention For The Regulation Of Whaling, Michael Bowman
Michigan Journal of International Law
This Article represents a revised version of a paper that was made available to the International Whaling Commission in connection with the current deliberations concerning the future of that organization.
Lessons From The Protracted Mox Plant Dispute: A Proposed Protocal On Marine Environmental Impact Assessment To The United Nations Convention On The Law Of The Sea, Maki Tanaka
Michigan Journal of International Law
Although the ITLOS order attempted to facilitate dialogue between the parties, the Tribunal was incapable of addressing the root cause of the MOX plant controversy, namely the lack of an adequate mechanism for transboundary environmental impact assessment at the onset of the conflict under UNCLOS. Similarly, the OSPAR and Annex VII tribunals have failed to bring about the efficient resolution of this procedural environmental dispute. This Article addresses the prevention of similar incidents by proposing the creation of a marine environmental impact assessment protocol to UNCLOS to make assessment procedures operational from the initial stage of controversial projects.
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
Michigan Journal of International Law
The following study considers the role that should be assumed by a presiding judge to ensure full respect for the rule of law internationally. The foundation for this study lies in an examination of the dispute settlement provisions of the Law of the Sea Convention as well as its mechanism for the settlement of disputes-the International Tribunal for the Law of the Sea. The Tribunal was called upon to deliver judgment in the MIV Saiga case. The judgment, along with the primary dissenting opinion, are considered, compared, and analyzed in order to demonstrate the extent to which the judgment is, …
Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia
Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia
Michigan Journal of International Law
This article examines existing structures and mechanisms for the enforcement of international environmental laws, particularly international laws that must confront violations on the high seas in order to protect marine organisms. Although the tenor of the present analysis is general, many of the most influential international marine agreements to date are highlighted, including the Third United Nations Conference on the Law of the Sea, the Convention on Future Multilateral Co-Operation in the Northwest Atlantic Fisheries, and the United Nations Agreement on the Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stock.
Global Oceans Plitics: The Decision Process At The Third United Nations Conference On The Law Of The Sea, 1973-1982, Louis B. Sohn
Global Oceans Plitics: The Decision Process At The Third United Nations Conference On The Law Of The Sea, 1973-1982, Louis B. Sohn
Michigan Journal of International Law
Review of Global Oceans Politics: The Decision Process at the Third United Nations Conference on the Law of the Sea, 1973-1982 by Edward L. Miles
The High Seas And The International Seabed Area, Bernard H. Oxman
The High Seas And The International Seabed Area, Bernard H. Oxman
Michigan Journal of International Law
This article is set out in three parts. The first section briefly describes the geographic scope of the sea. The second section analyzes the geographic scope of the high seas. The last section presents six agreed legal principles relevant to the seabed debate which – contrary to the tone of much of the debate - constitute a substantial and growing consensus on the elements of the legal regime of the seabed beyond coastal state jurisdiction. The article concludes by suggesting that more is agreed in this area than is often acknowledged, and that the broader debate would be aided by …
New Sea Boundaries In A Swedish Perspective, Hugo Tiberg
New Sea Boundaries In A Swedish Perspective, Hugo Tiberg
Michigan Journal of International Law
Sweden's experiences in applying the principles of the new international law of sea boundaries have more than local interest. Zonebound on all sides and thus never able to determine unilaterally the limits of her newly declared zones, the country has been forced to maneuver in a tight geographical and political situation against smaller brothers on three sides and a dominant eastern neighbor. It has been a tricky game in the borderland between legal principles and pragmatism, where trump cards have been islands of "sufficient" size, and where points have been scored through moderation rather than by overstraining the rules of …