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Articles 1 - 30 of 45
Full-Text Articles in Law
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Brooklyn Journal of Corporate, Financial & Commercial Law
Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the Ninth …
The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea, Craig H. Allen
The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea, Craig H. Allen
International Law Studies
Naval forces deployed across the world’s seas to enforce counterproliferation sanctions imposed by the U.N. Security Council must surmount any number of operational and legal challenges. High seas boardings by any State other than the vessel’s flag State remain controversial. The 1982 Law of the Sea Convention’s high seas articles carefully balance the principles of freedom of navigation and exclusive flag-State jurisdiction with the shared interest in ensuring effective enforcement of laws against certain serious offenses. The peacetime right of visit is a limited but invaluable compromise between those competing interests. Some commentators have suggested expanding the right to address …
The Impact Of Ballast Water Management Convention On Combating Invasive Species In Turkey (Black Sea), Yusuf Koray Küçük
The Impact Of Ballast Water Management Convention On Combating Invasive Species In Turkey (Black Sea), Yusuf Koray Küçük
World Maritime University Dissertations
No abstract provided.
The Interpretation Of The Regime Of Islands: Application To Okinotorishima, Yuta Arai
The Interpretation Of The Regime Of Islands: Application To Okinotorishima, Yuta Arai
World Maritime University Dissertations
No abstract provided.
Strengths And Weaknesses Of The Legal Strategies To Combat Sea Piracy In Nigeria, Siraja Zamfara Ibrahim
Strengths And Weaknesses Of The Legal Strategies To Combat Sea Piracy In Nigeria, Siraja Zamfara Ibrahim
World Maritime University Dissertations
No abstract provided.
The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo
The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo
International Law Studies
This article explores whether it is possible to apply the law of occupation beyond land territory, to maritime areas characterized here as “maritime territory.” The article argues that the definition of territory under Article 42 of the 1907 Hague Regulations comprises internal waters, territorial sea, and archipelagic waters, whereas other areas such as the continental shelf, the exclusive economic zone, and high seas fall outside the scope of Article 42. Accordingly, internal waters, the territorial sea, and archipelagic waters may be placed under occupation if a hostile force exercises actual authority over them without valid legal title. The article describes …
Law School News: A Busy, Busy Time In Admiralty Law 10-18-2019, Michael M. Bowden
Law School News: A Busy, Busy Time In Admiralty Law 10-18-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Inside Rwu Law's Small 'Admiralty Empire' 10-18-2019, Michael M. Bowden
Law School News: Inside Rwu Law's Small 'Admiralty Empire' 10-18-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Rwu Law Marine Programs Included In $1.2m Aquaculture Research Grant 10-07-2019, Michael M. Bowden
Law School News: Rwu Law Marine Programs Included In $1.2m Aquaculture Research Grant 10-07-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.
Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.
International Law Studies
As States and supranational actors increasingly employ economic sanctions to promote security objectives, a recent trend has focused on the regulation of commercial shipping activities. These maritime sanctions have restricted port access for designated vessels, banned the import and export of certain cargo classes, enhanced authorization for vessel inspections, and even justified vessel seizures. Critically, these techniques have also included targeted prohibitions on marine insurance covering designated vessels and cargo. Designed to frustrate sanctioned actors in their attempts to utilize maritime assets for malign purposes, marine insurance prohibitions thwart these efforts and also blunt the ability to generate revenue through …
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
International Law Studies
Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal …
The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers
The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers
Indiana Journal of Global Legal Studies
"Space law," much like outer space itself, still remains largely unnavigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …
Malaysia Historical Salvors Revisited:, John P. Given
Malaysia Historical Salvors Revisited:, John P. Given
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Ocean and Coastal Law Journal
People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize …
Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi
Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi
Ocean and Coastal Law Journal
When the Court of Appeals for the District of Columbia decided the case of United States v. Mosquera-Murillo, it created a circuit-split on whether individuals charged under the Maritime Drug Law Enforcement Act (codified as 46 U.S.C. § 705) are entitled to relief under the "Safety Valve" provision of 18 U.S.C. § 3553(f). The "Safety Valve" allows individuals who meet certain criteria to be sentenced according to the sentencing guidelines, regardless of any mandatory minimum sentences. This case note compares the holding of the Court of Appeals for the District of Columbia to the Eleventh Circuit's holding in United States …
Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran
Seattle Journal of Environmental Law
Currently, it is legal to possess, sell and purchase shark fins in 38 states, Florida included. Fishermen are allowed to harvest sharks all around the world with minimal surveillance and weak regulation, causing greed to push a 400-million-year old species to the brink of extinction. Florida’s current statue is completely ineffective and toothless when it comes to shark conservation. The State needs to amend its shark fin law prohibiting the trade in all detached shark fins, for any purpose, by anyone to discontinue fueling a cruel practice. There is a federal bill pending in congress that would ban the trade …
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V
Public Land & Resources Law Review
The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s path, were futile.
Law School News: National Admiralty Champs! April 4, 2019, Michael M. Bowden
Law School News: National Admiralty Champs! April 4, 2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Recent Developments In The Law Of The Seas Ii: A Synopsis, John M. Gantus
Recent Developments In The Law Of The Seas Ii: A Synopsis, John M. Gantus
San Diego Law Review
The following materials are a compilation of events relevant to law of the seas that took place from March 15, 1970 to March 1, 1971. While it is fairly complete it is far from exhaustive, due to the lack of continuity and organization of source materials. Major sources include the New York Times, the Environmental Reporter, and the United States Code Congressional and Administrative News, as well as a little help from our friends. The format used is basically the same as that used last year when the first synopsis was published. For those of our readers who found the …
The Seabed Question In Context: One Of Many Issues Massing For The 1973 Conference, Clark M. Eichelberger
The Seabed Question In Context: One Of Many Issues Massing For The 1973 Conference, Clark M. Eichelberger
San Diego Law Review
A Comment on the evolution the United Nation's Seabed Committee.
An Englishman's Safe Port, F. J.J. Cadwallader
An Englishman's Safe Port, F. J.J. Cadwallader
San Diego Law Review
A discussion of use and elements of safe ports by ships in distress.
Wet War: North Pacific, Edward J. Oliver
Wet War: North Pacific, Edward J. Oliver
San Diego Law Review
The United States contiguous Fishery Zone. The enforcement of the Unites States and its fishing zones and its present basis.
Latin American Countries Facing The Problem Of Territorial Waters, J. J. Santa-Pinter
Latin American Countries Facing The Problem Of Territorial Waters, J. J. Santa-Pinter
San Diego Law Review
Discusses is three parts 1. Problems of individual Latin American countries; 2. Latin American political criteria; 3. Regional political thoughts of Latin American countries.
Freezing The Boundry Dividing Federal And State Interests In Offshore Submerged Lands, Norman Wulf
Freezing The Boundry Dividing Federal And State Interests In Offshore Submerged Lands, Norman Wulf
San Diego Law Review
An examination of Federal and states' interest in submerged land. Provides analysis of present boundary limitations and international implications of this boundary.
The Un And The Law Of The Sea: Prospects For The United States Seabeds Treaty, Margaret Lynch Gerstle
The Un And The Law Of The Sea: Prospects For The United States Seabeds Treaty, Margaret Lynch Gerstle
San Diego Law Review
The author looks at coastal and other state interests competing in the united States' policy for Law of the Sea.
Seabed Resources: The Problems Of Adolescence, W. Frank Newton
Seabed Resources: The Problems Of Adolescence, W. Frank Newton
San Diego Law Review
Discusses the past, present, and future problems with seabed exploration and related international responses to these problems.
The Draft United Nations Conventions On The International Seabed Area: Background, Description, And Some Preliminary Thoughts, H. Gary Knight
The Draft United Nations Conventions On The International Seabed Area: Background, Description, And Some Preliminary Thoughts, H. Gary Knight
San Diego Law Review
This Article covers relevant aspects of marine geology and marine resources law, a short history of seabed questions, the Draft Convention, and Nixon's statements in 1970. Part III of the articles summarizes provisions of the Draft Commission and makes some comments.
Foreword: Law Of The Sea Needs For The 1970'S, Daniel Wilkes
Foreword: Law Of The Sea Needs For The 1970'S, Daniel Wilkes
San Diego Law Review
These are exciting times for an ocean lawyer, for the Law of the Sea is in a period of reconstitution; simultaneously, the arena for remaking ocean law also could become the amphitheater for constitutive changes in our international system - or, as is predicted by a coterie of doomsayers, just another ring of an antedelvian circus. Looked at in this light, the following Law of the Seas Symposium can be judged, either by the degree to which its authors follow the "Rules of Play" for this constitutive period, or by the extent to which they meet the need for new …
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.