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Atlantic Salmon, Pacific Bound: Initiative, Defiance, Courage, And Indian Tribes In Environmental Law, William H. Rodgers, Jr.

Articles

I want to address my remarks to the students of the University of Maine School of Law who will face a great deal of unfinished legal business on the topics of salmon, Indian tribes, and environmental law.

Elsewhere, I have derived what I describe as the five virtues of effective action (genius, high-leveraging, symbolism, optimism, courage). People of achievement, lawyers or otherwise, are familiar with these virtues and display them in many creative forms.

Next, I will peer through this lens of effective action at some key moments in the history of Atlantic-Pacific Salmon Interactions. This coming together has been …

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 …

Deception, Self-Deception, And Mythology: The Law Of Salmon In The Pacific Northwest, William H. Rodgers, Jr.

Articles

This paper will present a Puritan Model of the Law of Lies, which is a prominent (but by no means only) model observable in U.S. law. We will then turn to the underpinnings in evolutionary theory of deception and self-deception. We will next apply these concepts to the worlds of salmon law and policymaking, which are marked conspicuously by evidences of deceit. Some conclusions will be offered on how deceit and self-deception are addressed in the law. We will conclude with some distinctions between the laws of deception and self-deception.

For the most part, our deceptions are governed by the …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Washington Law Review

The United States, Canada, and Japan signed the International Convention for the High Seas Fisheries of the North Pacific Ocean [hereinafter cited as Tripartite Treaty] on May 9, 1952, 11 days after the effective date of the Japanese Peace Treaty. This fisheries Treaty became effective June 12, 1953. It initiated the "abstention" principle whereby Japan agreed to abstain from fishing stocks of North American spawned salmon when the Commission, created in the treaty, was satisfied that the United States and Canada were taking the "maximum sustainable yield"' of those stocks, when it was demonstrated that United States and Canadian fishermen …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Washington Law Review

The United States, Canada, and Japan signed the International Convention for the High Seas Fisheries of the North Pacific Ocean [hereinafter cited as Tripartite Treaty] on May 9, 1952, 11 days after the effective date of the Japanese Peace Treaty. This fisheries Treaty became effective June 12, 1953. It initiated the "abstention" principle whereby Japan agreed to abstain from fishing stocks of North American spawned salmon when the Commission, created in the treaty, was satisfied that the United States and Canada were taking the "maximum sustainable yield"' of those stocks, when it was demonstrated that United States and Canadian fishermen …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the International Convention for High Seas Fisheries of the North Atlantic Ocean (the Tripartite Treaty) and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key issues that form the focal points of the disagreement.

Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the Tripartite Treaty and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key isues that form the focal points of the disagreement.6 Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle in international law? What are the policy arguments for and against abstention, …

Regulation Of Commercial Salmon Fisherman: A Case Of Confused Objectives, Ralph W. Johnson

Articles

To be blunt, the salmon boat fisherman is as obsolete as the buffalo hunter. The "secret'"—traps and weirs; they make salmon catching absurdly easy and can be operated at 1/20 to 1/30 the boat-catching costs. Hunting for salmon on the high seas is like chasing bees in a meadow. Why not wait until the bees return to their hive, or until the salmon return to their spawning stream? Hunting for salmon with boats makes economic sense as a temporary palliative to an unemployment problem; it makes economic nonsense as a permanent industry in a competitive society in a …