Law Commons^™

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

The Footprint Of The Chinese Petro-Dragon: The Future Of Investment Law In Transboundary Resources, Guillermo Garcia Sanchez

Guillermo J. Garcia Sanchez

Piracy Prosecutions In National Courts, Maggie Gardner

Maggie Gardner

At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the …

The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck

James Houck

The paper begins by briefly surveying the extent to which the convention’s provisions intersect with United States interests in the Arctic. Not surprisingly, there is extensive overlap. The paper then reviews arguments that UNCLOS is irrelevant or even antithetical to achieving these important U.S. interests. After critiquing the anti-UNCLOS arguments, the paper examines the case for UNCLOS. The paper focuses in particular on U.S. interests on the Arctic seafloor, arguing that these interests are extensive and that accession would help avert a wide range of potential political, legal, and regulatory challenges from foreign governments and corporations. The possibility of such …

The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson

James Houck

The need for a uniform understanding of international norms regarding freedom of navigation is increasingly important as more States develop capacity to act in the international maritime realm. Nowhere is the issue of freedom of navigation more contentious, with more potential to spark wider conflict, than in the South China Sea (SCS). Both the United States and China profess an interest in the free navigation of commercial vessels in the region. Beyond commercial shipping, however, the two nations disagree on the important issue of freedom of navigation for military vessels. The United States believes all nations have wide latitude under …

Insuring Floods: The Most Common And Devastating Natural Catastrophies In America, Christopher French

Christopher C. French

Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, Xiao Recio-Blanco

Xiao Recio-Blanco

Governments all around the world have addressed the challenge of marine resources management enacting laws and enforcing public policies. To date, most of these initiatives have failed. In Latin America, sophisticated environmental protection statutes are already in place. Unfortunately, these statutes are largely overlooked by sea users and government officials. Lack of compliance has become the most significant hurdle to the sustainable use of Latin America’s marine resources.

Recently, governments and Non-Governmental Organizations in Latin America have showed increased interest in Marine Spatial Planning (MSP). MSP is a process that analyzes the spatial distribution of human activities at sea. The …

A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino

Simone Savino

A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach renourishment …

Protecting Australia's Maritime Borders: The Mv Tampa And Beyond, Ben M. Tsamenyi, Christopher Rahman

Chris Rahman

The protection of Australia's maritime borders and sovereign interests at sea has, in recent times, increasingly become a leading national security issue. The arrangements for surveillance and enforcement in Australia's maritime zones have seemingly been in almost constant review in what has become a highly politicised issue. Furthermore, the increased incidence of seaborne illegal migration attempts in late 2001, together with the events of 11 September of that year has focused public, as well as official, attention upon all aspects of what has come to be known as "homeland security." Homeland security is a complex issue, and the problems associated …

Conclusion: Maritime Border Protection After The Tampa And 9/11, Anthony Bergin, Ben M. Tsamenyi, Christopher Rahman

Chris Rahman

The objective of these proceedings has been to review current arrangements for national maritime border protection and to canvass some fresh approaches. The book (and preceding conference) have been designed to avoid getting bogged down in any great detail on sectoral issues, instead taking a more holistic view of the overall maritime border protection regime. The issue is timely in view of the public and political interest in developments regarding maritime security and border protection following the controversy surrounding the MV Tampa incident of August 2001 and the September 11 attacks on the World Trade Center and the Pentagon.

On …

Maritime Domain Awareness In Australia And New Zealand, Chris Rahman

Chris Rahman

No abstract provided.

Book Review Of The Law And Practice Of Piracy At Sea: European And International Perspectives, Chris Rahman

Chris Rahman

No abstract provided.

Sea Level Rise And Maritime Zones: Preserving The Maritime Entitlements Of ‘Disappearing’ States, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

A Proposition For Delimitation Of Maritime Boundaries And Mediterranean Security Limitation Similar To Montreux Convention, Burak Seker

Burak Sakir Seker

No abstract provided.

La Codificación Del Derecho Del Mar En La Legislación Venezolana

María Carolina Romero

International Law In The Era Of Climate Change, Rosemary Rayfuse (Ed.), Shirley Scott (Ed.)

Rosemary Rayfuse

No abstract provided.

Climate Change Mitigation Activities In The Ocean: Regulatory Frameworks And Implications, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Differentiating The Common? The Responsibilities And Obligations Of States Sponsoring Deep Seabed Mining Activities In The Area, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Precaution And The Protection Of Marine Biodiversity In Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater

Zygmunt J.B. Plater

Legal history is usually written from one of two time perspectives: as a narrative of events and changing conditions over a span of years or as an extended exploration of one fertile moment in time. In examining the intriguing entity known as the Tennessee Valley Authority (TVA), this article draws upon that chronological history to some extent. To a greater extent, however, it focuses upon revealing moments in the last six years of the long-running battles over completion of the TVA’s Tellico dam, which finally flooded the last remaining stretch of the Little Tennessee River Valley in the spring of …

The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

The Earth has entered the anthropocene era; the era in which human activities have begun to have a significant global impact of the Earth’s climate and ecosystems. Covering more than 60% of the Earth’s surface, the oceans comprise a complex, dynamic and vast component of the Earth’s ecological system, second in size only to the global atmosphere. The oceans are a major provider of ecosystem services, food, mineral and other resources, and a major medium for global transportation and communication. Nevertheless, while once thought inexhaustible, unlimited and capable of supporting any human activity or use, it is now clear that …

Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.

Angelo Giampietro Avv.

The proximate cause in marine insurance is the “dominant cause” of the loss. It was decided per Bingham L J in T M Noten BV v Harding that the dominant cause of the loss is to be determined by “applying the common sense of a business or seafaring man.” In determining the proximate cause of the loss, The Court recognized that it had to find the cause that was proximate in efficiency, and to do so they had to apply the test of the sentence expressed by Bingham LJ. Nevertheless, at the light of the recent decision of the Supreme …

Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse

Rosemary Rayfuse

This book is a companion to the seventh edition of the internationally acclaimed Harris’ Cases and Materials on International Law. Offering carefully selected materials and expert commentary, An Australian Companion to Harris’ Cases Materials on International Law is designed to provide readers with a comprehensive treatment of International law from an Australian perspective. Updated to reflect recent developments in the law, the second edition significantly expands on the coverage of the first edition and includes two additional, entirely new, chapters: International Criminal Law and International Environmental Law. The content and scope of this companion make it an ideal text for …

Teaching And Learning The Law Of Boats, Robert Anderson

Robert Anderson IV

I have taught admiralty and maritime law exactly twice. That experience hardly makes me an expert in training future proctors. What that experience does give me, however, is the perspective that comes from having recently confronted the challenges of learning the field myself. And that perspective has led me to teach the admiralty survey course differently from how I teach any of my other classes and differently from how i perceive other admiralty classes that are taught by more experienced teachers. In this essay, I hope to explain how and why I teach admiralty differently, with the hope of offering …

International Law And Disappearing States: Maritime Zones And The Criteria For Statehood, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron

David D. Caron

Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and development and political-economic perspectives.

The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Moving Beyond The Tragedy Of The Global Commons: The Grotian Legacy And The Future Of Sustainable Management Of The Biodiversity Of The High Seas, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

The Mcs And Enforcement Regime, Rosemary Rayfuse, Evelyne Meltzer

Rosemary Rayfuse

No abstract provided.