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Full-Text Articles in Law
The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver
The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver
Dalhousie Law Journal
In 1994, frustration with the Pacific salmon dispute between Canada and the United States, caused the Canadian government to impose a transit fee on American fishing vessels. The author reviews the legality of the measure vis-avis three legal regimes: the United Nations Convention on Law of the Sea, the defence of countermeasures, and the defence of necessity. In addition, the effectiveness of retaliatory measures are examined in viewof recent developments. The author concludes by recommending a two-track strategy: an alliance with NativeAmerican groups as well as environmentalnon-governmentalorganizations.
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.