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Full-Text Articles in Law
Mining At The Crossroads Of Law And Development: A Comparative Review Of Labor-Related Local Content Provisions In Africa's Mining Laws Through The Prism Of Automation, Nneoma Veronica Nwogu
Mining At The Crossroads Of Law And Development: A Comparative Review Of Labor-Related Local Content Provisions In Africa's Mining Laws Through The Prism Of Automation, Nneoma Veronica Nwogu
Washington International Law Journal
Africa boasts one-third of the world’s mineral resources. Mineral development, if governed by appropriate legal frameworks, is key to facilitating development in Africa. With this realization, the African Union (AU) adopted the Africa Mining Vision (AMV) in 2009, which aims to prioritize African industrialization, safeguard the environment, build and utilize local labor force capacity, facilitate transparency, and improve revenue-sharing mechanisms in Africa. However, at the same time, the dawn of artificial intelligence (AI) and complex levels of automation is making quick inroads into the mineral development sector. This article argues that, in response to the AMV, over half of Africa’s …
The End Of The Viarsa Saga And The Legality Of Australia's Vessel Forefeiture Penalty For Illegal Fishing In Its Exclusive Economic Zone, Laurence Blakely
The End Of The Viarsa Saga And The Legality Of Australia's Vessel Forefeiture Penalty For Illegal Fishing In Its Exclusive Economic Zone, Laurence Blakely
Washington International Law Journal
The world’s fish stocks are suffering from over-utilization. The earth’s oceans are subject to exploitation by all nation states and very little preservation. Because of the nature of the international legal regime of the Law of the Sea, enforcement of what conservation and management measures exist is challenging. Boundaries, ephemeral on land, are even more so on water, making rights allocation and management particularly difficult. Nevertheless, as fish stocks continue to decrease and it becomes clearer that oceans require more effective management, coastal states have begun to undertake more significant enforcement procedures corresponding to their rights in their exclusive economic …
State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton
State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton
Washington International Law Journal
At its latest session, the United Nations General Assembly urged States to consider a temporary ban on bottom trawling on the high seas. Bottom trawling technology causes extensive damage both to the habitat of deep sea living marine resources ("LMRs") and to the LMRs themselves. This damage is particularly acute at heavily fished undersea mountains known as seamounts. The pronouncement by the General Assembly, while certainly a positive step, is another unfortunate example of short-sighted fisheries management: instead of creating a legitimate protection regime—such as a moratorium or a system of High Seas Marine Protected Areas ("HSMPA")—for these rare and …
Stepping Onto A Moving Train: The Collision Of Illegal Logging, Forestry Policy, And Emerging Free Trade In The Russian Far East, Robert M. Crowley
Stepping Onto A Moving Train: The Collision Of Illegal Logging, Forestry Policy, And Emerging Free Trade In The Russian Far East, Robert M. Crowley
Washington International Law Journal
Faced with economic decline following the Soviet Union's collapse, Russia is energetically seeking ways to develop its economy and stimulate trade. In order to accomplish these goals, Russia has taken a number of steps to improve its interactions with its trading partners and reform its internal economic structures. Among the most sweeping areas of change are Russia's steps toward bilateral and multilateral free trade agreements and the proposed changes to its Forest Code. Externally, Russia has signed an agreement with China to stabilize relations, increase trade, and address shared environmental concerns, and has taken steps toward membership in the World …
Up In Smoke: Using Cooperative U.S. Forest Fire Management Policies As A Model For Implementing An Effective Forest Fire Prevention Program In The Russian Far East, Jim Wilkson
Washington International Law Journal
The Russian Far East's ("RFE") most abundant natural resource is its vast, relatively unbroken tracts of boreal forest. Wildfires are the largest cause of deforestation in the RFE. Rampant fires in the RFE threaten biodiversity and wildlife habitat, destroy timber reserves, and create pollution and greenhouse gases. Experts estimate that between eighty to ninety percent of these fires are human-caused. However, Russian forestry laws fail to provide the type of legal framework necessary to adequately address these preventable fires. Forest management legislation mandating more comprehensive and cooperative fire prevention could prevent disastrous forest fires in the RFE. U.S. fire management …
Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter
Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter
Washington International Law Journal
Illegal logging in the tropical forests of Papua New Guinea is one of the greatest threats to the forests and indigenous people of this island nation. Increasing pressure from the commercial logging industry, legislation that restrains customary ownership, and an unclear legal basis for this ownership subjects the indigenous people of Papua New Guinea to unscrupulous, unsustainable, and illegal logging practices. As a region central to the preservation of global ecological and cultural diversity, the devastating consequences of illegal logging in Papua New Guinea have become nationally and internationally significant. Customary ownership of the forests by the indigenous clans of …
The Australian National Representative System Of Marine Protected Areas And The Marine Zoning System: A Model For The United States?, Jennifer L. Schorr
The Australian National Representative System Of Marine Protected Areas And The Marine Zoning System: A Model For The United States?, Jennifer L. Schorr
Washington International Law Journal
Marine Protected Areas ("MPAs") are increasingly recognized as a critical component of marine conservation. MPAs are areas of the marine ecosystem set aside for special protection and management in order to conserve biological or cultural resources. MPAs manage the use of marine resources by limiting or controlling activities within the area. Marine reserves, the most restrictive type of MPA, severely limit or forbid all extractive activities. Scientific research has demonstrated that MPAs, especially marine reserves, can have rapid and long-term benefits for biological diversity, lead to recovery of specific species, and may have a "spill over" effect that benefits adjacent …
The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon
The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon
Washington International Law Journal
The allocation of fishery resources is a critical concern for the Philippines municipal fishing sector where the global problem of overfishing has taken its toll on near-shore aquatic life. The dependency of coastal Filipino communities on fishery resources for nutrition and livelihood necessitates an analysis of the 1998 Philippine Fisheries Code's ("PFC's") ability to facilitate effective marine resource allocation at the municipal level. A comparison of international instruments addressing fishery resource management with the PFC reflects a clear intent on the part of the Code's drafters to emulate accepted international standards. In some areas, however, the PFC's ambiguous language hinders …
A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton
A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton
Washington International Law Journal
The Maori tribe of New Zealand and the tribes of western Washington are both subject to quota systems as a result of their treaty rights to fish. While New Zealand's quota system was legislatively imposed, western Washington's was judicially imposed. Nevertheless, the two quota systems are quite similar in that both permit approximately half the allowable catch of fish each year to go to the tribes. However, that amount does not adequately represent what the tribes are entitled to based on their treaty rights. Colonization, over-fishing, and resource deterioration have decreased the amount of fish available to the fishing population …
Land Policy And Adat Law In Indonesia's Forests, Kallie Szczepanski
Land Policy And Adat Law In Indonesia's Forests, Kallie Szczepanski
Washington International Law Journal
The Indonesian government's land laws and policies lead to displacement of and hardship for the indigenous peoples of the archipelago. The Basic Agrarian Law, Basic Forestry Law, and Spatial Planning Law all allow for expropriation of indigenous lands formerly governed under the adat legal system. In addition, the central government's policy of transmigration—the shifting of people from the populous Inner Islands of Java, Bali, and Madura to the Outer Islands—only increases the economic and cultural pressure on indigenous peoples of the Outer Islands. The hopelessness and anger that result from the marginalization of traditional adat societies fuel violent ethnic conflicts, …
Phoenix From The Ashes—The 1999 Pacific Salmon Agreement, Sims G. Weymuller
Phoenix From The Ashes—The 1999 Pacific Salmon Agreement, Sims G. Weymuller
Washington International Law Journal
The United States and Canada have found a solution to their century long "salmon war" over how many salmon can be taken by each side's fishing fleets from the once-bountiful Pacific salmon runs. Each country felt entitled to an "equitable" portion of the salmon, but no agreed means existed to calculate the shares. Canada felt that the prodigious U.S. fleet often caught more than its share. Substantial peace first came under the 1985 Pacific Salmon Treaty, but dwindling salmon populations, the expiration of the original management regimes, and flaws in those regimes threatened to doom the 1985 Treaty by the …
The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor
The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor
Washington International Law Journal
On July 19, 1999, Australia lifted its ban on salmon imports and announced new salmon import guidelines. The new guidelines were promulgated in response to a World Trade Organization ("WTO") Appellate Body determination that the import ban violated the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"). Canada challenged Australia's new import guidelines, alleging that the new guidelines also violate the SPS Agreement. The WTO dispute settlement panel held that, with the exception of only one provision, Australia's new salmon import guidelines are based on appropriate scientific risk analyses and are now in line with comparable import …
Korea's Greenbelts: Impacts And Options For Change, Chang-Hee Christine Bae
Korea's Greenbelts: Impacts And Options For Change, Chang-Hee Christine Bae
Washington International Law Journal
The discussions about urban growth boundaries in the United States have paid little attention to Korea's Greenbelt policy. Established in 1971, Seoul's massive Greenbelt has been rigidly maintained, although there have been some minor exceptions over the years. The liberalization of the Korean economy and the democratization of Korean society have been accompanied by deregulation in many spheres. However, land use planning remains tightly constrained, and there has only been minimal relaxation of the land laws; in fact, on balance they have become tougher. Some scholars have begun to question whether the Greenbelt might have restricted economic growth in Korea …
The Sea Of Okhotsk Peanut Hole: How The United Nations Draft Agreement On Straddling Stocks Might Preserve The Pollack Fishery, Jon K. Goltz
The Sea Of Okhotsk Peanut Hole: How The United Nations Draft Agreement On Straddling Stocks Might Preserve The Pollack Fishery, Jon K. Goltz
Washington International Law Journal
The enclave of international waters in the central Sea of Okhotsk, called the "peanut hole," is surrounded by the 200 mile Exclusive Economic Zone ("EEZ") of the Russian Federation. Since 1991, distant water fishing nations ("DWFNs") have been fishing in the peanut hole in a manner that Russia claims is detrimental to the straddling pollack fish stock that exists both in Russia's EEZ and in the enclave. To prevent destruction of the pollack fishery, Russia imposed a moratorium on all fishing in the enclave; the moratorium is not universally observed. The United Nations Conference on Straddling Fish Stocks and Highly …
From Conflict To Cooperation: Fishery Relations In The Sea Of Japan, Tsuneo Akaha
From Conflict To Cooperation: Fishery Relations In The Sea Of Japan, Tsuneo Akaha
Washington International Law Journal
This article traces the postwar experiences of Japan, the most important fishing nation of the Japan Sea region, in establishing and expanding fishery relations with the Soviet Union/Russia, South Korea, and North Korea. The gradual shift from conflict to cooperation in the exploitation and management of fishery resources shows that pragmatic cooperation among the countries involved has been made possible by their willingness to accommodate mutual economic interests on an increasingly reciprocal basis. International law, particularly the U.N. Convention on the Law of the Sea, and the legal norms and principles it embodies have aided the parties in arriving at …
The National Wildlife Refuge System: Incompatible Recreational And Economic Uses Of Refuge Lands, Kimberley J. Priestley
The National Wildlife Refuge System: Incompatible Recreational And Economic Uses Of Refuge Lands, Kimberley J. Priestley
Washington International Law Journal
This Comment addresses the problem of incompatible uses on refuge lands. Section I briefly summarizes the history and management of the NWRS and sets forth the basic tenets of the NWRS Administration Act's "compatibility" standard. Section II points out the problems of incompatible secondary uses on refuge lands. Section III examines the possible reasons behind the FWS's acquiescence to these incompatible recreational and economic uses and proposes solutions. Finally, this Comment concludes that an organic act, coupled with increased funding, would help the NWRS achieve its primary goal of providing protection for wildlife resources and their habitats.
Applying U.S. Law To Halt Deforestation In Southeastern Myanmar: A Survey Of Potential Strategies, Douglas J. Kelso
Applying U.S. Law To Halt Deforestation In Southeastern Myanmar: A Survey Of Potential Strategies, Douglas J. Kelso
Washington International Law Journal
As the twentieth century draws to a close, the threat posed by environmental degradation grows increasingly apparent. Climatic change, ozone depletion, hazardous wastes, and numerous other ecological concerns gain growing prominence in national and international policy debates. Environmental degradation causes the loss of valuable atmospheric, hydrological, geological, and biological resources. In terms of resource depletion, the rapid destruction of tropical rain forests poses one of the greatest ecological threats to our planet today. This paper proposes that proper application of United States law might discourage tropical deforestation abroad, using the nation of Myanmar (formerly Burma) as an example.