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Law of the Sea

U.S. Naval War College

Jurisdiction

Articles 1 - 20 of 20

Full-Text Articles in Law

“Nationals” At Forty: From An Undefined Unclos Term To Due Diligence Obligations On The State Of Nationality To Combat Iuu Fishing, Arron N. Honniball, Valentin J. Schatz Apr 2023

“Nationals” At Forty: From An Undefined Unclos Term To Due Diligence Obligations On The State Of Nationality To Combat Iuu Fishing, Arron N. Honniball, Valentin J. Schatz

International Law Studies

Illegal, unreported and unregulated (IUU) fishing represents a global common concern, incorporating large-scale and highly mobile environmental, economic, and sometimes criminal, concerns. IUU fishing can result in dysfunctional fisheries governance, including through the non-application of relevant conservation and management measures. Non-application results, in part, from both incomplete implementation and insufficient enforcement by flag, coastal, port, and market States, and the States of nationality. This article focuses on the State of nationality that may exercise territorial and extraterritorial prescriptive jurisdiction on the basis of the active personality principle of jurisdiction. Firstly, global instruments have long held the State of nationality as …


The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink Sep 2016

The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink

International Law Studies

The Arctic Sunrise case was brought unilaterally by the Netherlands against the Russian Federation under the United Nations Convention on the Law of the Sea on October 4, 2013 after the Russian Federation had boarded the vessel and arrested it and its crew. The article discusses the subsequent arbitral proceedings and in particular assesses the reasoning of the arbitral tribunal on the issue of hot pursuit. It concludes that the tribunal’s findings are controversial in several respects. Although the Russian Federation did not participate in the arbitration, it did issue a number of official statements and documents. The article provides …


The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye Oct 2006

The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye

International Law Studies

No abstract provided.


The Development Of International Law With Respect To The Law Enforcement Roles Of Navies And Coast Guards In Peacetime, Ivan Shearer Sep 1998

The Development Of International Law With Respect To The Law Enforcement Roles Of Navies And Coast Guards In Peacetime, Ivan Shearer

International Law Studies

No abstract provided.


Identification Of Excessive Maritime Claims, J. Ashley Roach, Robert W. Smith Dec 1994

Identification Of Excessive Maritime Claims, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.


Overflight Restrictions, J. Ashley Roach, Robert W. Smith Dec 1994

Overflight Restrictions, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.


Navigation In Exclusive Economic Zones, J. Ashley Roach, Robert W. Smith Dec 1994

Navigation In Exclusive Economic Zones, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.


Jurisdiction, Philip C. Jessup Jan 1980

Jurisdiction, Philip C. Jessup

International Law Studies

No abstract provided.


The Deep Sea Resources, John D. Lewis Jan 1980

The Deep Sea Resources, John D. Lewis

International Law Studies

No abstract provided.


Authority To Use Force On The High Seas, Myres S. Mcdougal Jan 1980

Authority To Use Force On The High Seas, Myres S. Mcdougal

International Law Studies

No abstract provided.


The Soviet Navy And Ocean Law, Mark W. Janis Jan 1980

The Soviet Navy And Ocean Law, Mark W. Janis

International Law Studies

No abstract provided.


Special Aspects Of Jurisdiction At Sea, Brunson Macchesney Jan 1980

Special Aspects Of Jurisdiction At Sea, Brunson Macchesney

International Law Studies

No abstract provided.


Jurisdiction, Myres S. Mcdougal Jan 1980

Jurisdiction, Myres S. Mcdougal

International Law Studies

No abstract provided.


New Issues And New Interest In The Law Of The Sea, Joseph B. Mcdevitt Jan 1980

New Issues And New Interest In The Law Of The Sea, Joseph B. Mcdevitt

International Law Studies

No abstract provided.


Index Volume 61 Role Of International Law And An Evolving Ocean Law Jan 1980

Index Volume 61 Role Of International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.


International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie Jan 1980

International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie

International Law Studies

No abstract provided.


An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran Jan 1980

An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran

International Law Studies

No abstract provided.


Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn Jan 1980

Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn

International Law Studies

No abstract provided.


Index Volume 61 Role Of International Law And An Evolving Ocean Law Jan 1980

Index Volume 61 Role Of International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.


Current International Law Problems Of The Navy, Joseph B. Mcdevitt Jan 1980

Current International Law Problems Of The Navy, Joseph B. Mcdevitt

International Law Studies

No abstract provided.