Law Commons^™

Toward 2015, Challenges For A Medium Navy: An Australian Perspective, Raydon Gates

International Law Studies

No abstract provided.

Future Navies - Present Issues, Jane G. Dalton

International Law Studies

No abstract provided.

The International Tribunal For The Law Of The Sea And The Possibility Of Judicial Settlement Of Disputes Involving The Fishing Entity Of Taiwan - Taking Ccsbt As An Example, Yann-Huei Song

San Diego International Law Journal

The main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of …

The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen

International Law Studies

No abstract provided.

The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye

International Law Studies

No abstract provided.

Comparative Approaches To Security And Maritime Border Control, Dale Stephens

International Law Studies

No abstract provided.

Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism

International Law Studies

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Liability And Responsibility Of The State Of Registration Or The Flag State In Respect Of Sea-Going Vessels, Aircraft And Spacecraft Registered By National Registration Authorities, Sompong Sucharitkul

Publications

The topic selected for this report forms part of a broader picture: "the Liability of Registration authorities," which embraces a wider scope of enquiry, principally covering an infinite variety of international regulations within comparable national legal orders. Civil liability may require consideration of legal questions for which practical solution may only be found beyond the confines of internal law, in the choice of applicable law as part of private international law, or ultimately in the direct or indirect application of a rule of public international law, as recognized by States and incorporated in negotiated provisions of a Treaty.

Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon

ExpressO

The maritime transport of nuclear materials has created a conflict between two international law regimes: the United Nations International Law of the Sea, and the developing customary law of the 'precautionary principle' in international environmental law. This conflict became apparent in recent years when several coastal states denied passage to ships transporting nuclear materials arguing the shipments posed an environmental threat. This conflict has raised an issue which is currently unresolved: Do coastal states have a right to prohibit innocent passage to ships carrying nuclear materials if these ships fail to fulfill the requirements of the precautionary principle? This review …

Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows

ExpressO

The 1982 United Nations Convention on the Law of the Sea (“UNCLOS”) represents the culmination of thousands of years of international relations, conflict, and now nearly universal adherence to an enduring order for ocean space that is the most significant achievement for international law since the UN Charter. UNCLOS establishes international property law erga omnes that, by legal and political necessity, required a bargained consensus to be effective. This bargain, in essence, provided coastal States with extended but limited jurisdictions, while ensuring that the seabed and its mineral resources beyond were the “common heritage of mankind” that would peaceably and …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

The Unique And Protected Status Of Hospital Ships Under The Law Of Armed Conflict, D.L. Grimord, G.W. Riggs

International Law Studies

No abstract provided.

Full Volume 80: Issues In International Law And Military Operations

International Law Studies

No abstract provided.

Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim

International Law Studies

No abstract provided.

The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens

International Law Studies

No abstract provided.

The Interrelation Between The Law Of The Sea Convention And Customary International Law, Martin Lishexian Lee

San Diego International Law Journal

The 1982 United Nations Convention on the Law of the Sea (LOSC) is a successful attempt by the international community to codify and unify the law of the sea. After long negotiations, the LOSC opened for signature at the Third United Nations Conference on the Law of the Sea (UNCLOS III) in 1982. Together with its two formal associations, the Part XI Implementation Agreement 1994 and the Straddling and Migratory Fish Stocks Agreement 1995, it is regarded as one of the most comprehensive documents ever adopted by the international community. The LOSC not only succeeded in addressing all topics covered …

Towards Principled Oceans Governance: Australian And Canadian Approaches And Challenges, Donald R. Rothwell, David Vanderzwaag

Books

Australia and Canada have been at the forefront of efforts to operationalize integrated oceans and coastal management. Throughout the 1990s both countries devoted considerable effort to developing strategies to give effect to international ocean management obligations.

This key book focuses on principles of marine environmental conservation and management, maritime regulation and enforcement, and regional maritime planning and implementation. With contributions from respected scholars, this informative book collectively assesses the obligations, compliance, implementation and trends in international ocean law, particularly in giving effect to an Oceans Policy, regional maritime planning, international oceans governance, and maritime security. This book will be of …

Reviewing The United Nations Fish Stocks Treaty, David A. Balton, Holly R. Koehler

Sustainable Development Law & Policy

No abstract provided.

Case Study: The Success Of Regional Solutions In The Baltic, Anne Christine Brusendorff

Sustainable Development Law & Policy

No abstract provided.

Regulatory Frameworks For Water Resources Management: A Comparative Study By Salman M.A. Salman & David D. Bradlow The World Bank, 2006 , Julie Yeagle

Sustainable Development Law & Policy

No abstract provided.

The International Tribunal For The Law Of The Sea: A Great Mistake? (The Earl Snyder Lecture In International Law), Jillaine Seymour

Indiana Journal of Global Legal Studies

This article discusses the International Tribunal for the Law of the Sea and questions its role and value. The U.N. Convention on the Law of the Sea seems to contemplate fairly extensive jurisdiction for the Tribunal, but since its inception, the Tribunal has heard a very limited number and scope of cases, in part because disputants have other options for adjudication. This article provides a detailed discussion of the jurisdiction of the Tribunal. The Tribunal has compulsory jurisdiction in "prompt release" cases and in claims for provisional measures where the arbitral tribunal before which the claim will ultimately be brought …

Editors' Note, Kelly Rain, Maria Vanko

Sustainable Development Law & Policy

No abstract provided.

Protecting Our Oceans: New Challenges, New Solutions An Overview Of This Issue, David Freestone

Sustainable Development Law & Policy

No abstract provided.

Volume 7 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Unsustainable Marine Fisheries, Daniel Pauly

Sustainable Development Law & Policy

No abstract provided.

International Whaling Commission Indicates Potential Reversal Of Policy, Athena Kennedy, Jon Feldon

Sustainable Development Law & Policy

No abstract provided.

Ccamlr And Antarctic Krill: Ecosystem Management Around The Great White Continent, Virginia Gascón, Rodolfo Werner

Sustainable Development Law & Policy

No abstract provided.