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Law of the Sea

2003

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Articles 1 - 20 of 20

Full-Text Articles in Law

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy Dec 2003

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy

ExpressO

Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is …


International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand Oct 2003

International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand

Dalhousie Law Journal

Article 82 of the United Nations Convention on the Law of the Sea, 1982, provides a novel obligation in international law that is likely to become operative within the decade. It establishes an international royalty on production from the utilization of non-living resources (such as oil and gas) on the continental shelf beyond 200 nautical miles, but within the outer limit of a coastal state's jurisdiction. Producing states will have an obligation to make payments or contributions in kind that are calculated on the basis of an incremental rate applicable as from the sixth year of production and reaching a …


Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry Sep 2003

Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


Full Volume 79: International Law And The War On Terror Aug 2003

Full Volume 79: International Law And The War On Terror

International Law Studies

No abstract provided.


Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron May 2003

Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron

San Diego International Law Journal

The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …


Analysis Of Data Relevant To Establishing Outer Limits Of A Continental Shelf Under Law Of The Sea Article 76, Martin Jakobsson, Larry A. Mayer, Andy Armstrong Apr 2003

Analysis Of Data Relevant To Establishing Outer Limits Of A Continental Shelf Under Law Of The Sea Article 76, Martin Jakobsson, Larry A. Mayer, Andy Armstrong

Center for Coastal and Ocean Mapping

Coastal states may extend the limits of their juridically defined continental shelf beyond 200 nautical miles from their baselines under the provisions set forth in Article 76 of the United Nations Convention on the Law of the Sea (UNCLOS). In a preparatory desktop study, the University of New Hampshire’s Center for Coastal and Ocean Mapping/Joint Hydrographic Center analysed existing U.S. bathymetric and geophysical data holdings, identified data adequacy, and survey requirements to prepare a U.S. claim beyond the Exclusive Economical Zone (EEZ). In this paper we describe the methodology for our desktop study with particular emphasis on how we assembled …


Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag Apr 2003

Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag

Dalhousie Law Journal

Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …


Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache Apr 2003

Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache

Dalhousie Law Journal

In the late 1980s and early 1990s a number of factors and events coalesced to encourage the international community to re-examine high seas fisheries issues. The need to enhance the effectiveness of regional fisheries organizations led to the development of the 1995 United Nations Fish Stocks Agreement, dealing with straddling and highly migratory stocks. Both Canada and Australia played a significant role in the development of this agreement While having much in common, each state had different interests and concerns Canada's attention was focused on the problem of straddling stocks, while Australia 's interests have been primarily, though not exclusively, …


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire Jan 2003

Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire

Chad J McGuire

The purpose of this paper is to critically analyze UNCLOS as an efficient management regime for protecting migratory marine species1, especially those with economic value. The premise, based on foundations of collective action theory, is UNCLOS cannot adequately protect marine resources. The main reasons include the dynamics involved with national sovereignty, along with UNCLOS creation of what is tantamount to a common pool, or open access resource through the development of the “high seas” concept.


Jonathan I. Charney: An Appreciation, W. Michael Reisman Jan 2003

Jonathan I. Charney: An Appreciation, W. Michael Reisman

Vanderbilt Journal of Transnational Law

Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …


El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón Jan 2003

El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Suriname-Guyana Maritime And Territorial Disputes: A Legal And Historical Analysis, Thomas W. Donovan Jan 2003

Suriname-Guyana Maritime And Territorial Disputes: A Legal And Historical Analysis, Thomas W. Donovan

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Australia's Tampa Incident: The Convergence Of International And Domestic Refugee And Maritime Law In The Pacific Rim: Introduction To The Maritime Law Forum, Craig Allen Jan 2003

Australia's Tampa Incident: The Convergence Of International And Domestic Refugee And Maritime Law In The Pacific Rim: Introduction To The Maritime Law Forum, Craig Allen

Articles

The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the United …


Jonathan I. Charney: A Tribute, Richard B. Bilder Jan 2003

Jonathan I. Charney: A Tribute, Richard B. Bilder

Vanderbilt Journal of Transnational Law

I first met Jonathan in 1967 when he was a student in my international law class at the University of Wisconsin Law School. It was only my second year of teaching--I had just come to Wisconsin after some years with the State Department's Office of Legal Adviser. But Jonathan was a generous and forgiving, as well as excellent, student and somehow we both got through the course. Anyway, Jonathan became, first, the student of whom I was most fond; then, as his career developed, the student of whom I was most proud; and, eventually, as the years passed and our …


A Less Tragic Commons?: Using Harvester And Processor Quotas To Address Crab Overfishing, Avi Brisman Jan 2003

A Less Tragic Commons?: Using Harvester And Processor Quotas To Address Crab Overfishing, Avi Brisman

Seattle University Law Review

Part II of this Comment provides a brief overview of the history of the Magnuson Act. Part III describes the current status of the BSAI crab fisheries and the need for crab rationalization. In Part IV, this Comment examines NPFMC's preferred alternative—the three-pie voluntary cooperative program as set forth in its Bering Sea Crab Rationalization Program Alternatives: Public Review Draft (May, 2002) and Summary of the North Pacific Fishery Management Council's Bering Sea and Aleutian Islands Crab Rationalization Program Submitted to the United States Congress, August, 2002. Part V looks at the legal issues surrounding processor quotas, focusing specifically on …


Conflicting Territorial Claims In The South China Sea, Jean Ver Pugal Pia Jan 2003

Conflicting Territorial Claims In The South China Sea, Jean Ver Pugal Pia

World Maritime University Dissertations

No abstract provided.


Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse Dec 2002

Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Canada And Regional Fisheries Organizations: Implementing The Un Fish Stocks Agreement, Rosemary Rayfuse Dec 2002

Canada And Regional Fisheries Organizations: Implementing The Un Fish Stocks Agreement, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache, Dawn Russell, Ted Mcdorman Dec 2002

Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache, Dawn Russell, Ted Mcdorman

Rosemary Rayfuse

No abstract provided.