Law Commons^™

Island Musings: A Selective Bibliography Of Early Key West, Robin Schard

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This bibliography identifes and describes 75 works that focus on Key West during its first 50 years (1821-71) as a U.S. possession. General, legal, and popular culture materials are included.

Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum

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International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors.

This Article disaggregates slavery from the slave trade and slavery …

A System For Resilience Learning: Developing A Community-Driven, Multi-Sector Research Approach For Greater Preparedness And Resilience To Long-Term Climate Stressors And Extreme Events In The Miami Metropolitan Region, Abigail L. Fleming, Tiffany G. Troxer, Amy C. Clement, Yoca Arditi-Rocha, Gretchen Beesing, Mahadev Bhat, Jessica Bolson, Carissa Cabán-Alemán, Karina Castillo, Olivia Collins, Mayra Cruz, Alan Dodd, Scotney D. Evans, Carlos Genatios, Jane Gilbert, Alyssa Hernandez, Cheryl Holder, Maria Ilcheva, Elizabeth Kelly, Arturo Leon, Joanna Lombard, Katharine J. March, Diana Moanga, James F. Murley, Amy Knowles, Jayantha Obeysekera, Loren Parra, Jennifer Posner, Arif Sarwat, Rachel Silverstein, John A. Stuart, Michael C. Sukop, Shimon Wdowinski, Elizabeth Wheaton

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There is a growing need for integrated approaches that align community priorities with strategies that build resilience to climate hazards, societal shocks, and economic crises to ensure more equitable and sustainable outcomes. We anticipate that adaptive management and resilience learning are central elements for these approaches. In this paper, we describe an approach to build and test a Resilience Learning System to support research and implementation of a resilience strategy developed for the Greater Miami and the Beaches or the Resilient305 Strategy. Elements foundational to the design of this integrated research strategy and replicable Resilience Learning System are: (1) strong …

High Seas Governance: Gaps And Challenges, Bernard H. Oxman

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No abstract provided.

The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman

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No abstract provided.

Actic Law & Policy Year In Review: 2015, Craig H. Allen, Bridgette J. Cooper, Adam Murray

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A review of significant legal developments affecting the Arctic, including treaties and other international agreements; actions by the U.S. Congress, President, and other federal agencies; developments from the European Union and ten foreign countries; and several international organizations. Also addressed are themes including arctic marine shipping; indigneous residents; marine resources; military activities; polar icebreakers; pollution prevention, response, and liability; and scientific research.

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

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In this section: • Iran and United States Continue to Implement Nuclear Deal, Although Disputes Persist • United States Continues to Challenge Chinese Claims in South China Sea; Law of the Sea Tribunal Issues Award Against China in Philippines-China Arbitration • U.S. Navy Report Concludes That Iran’s 2015 Capture of U.S. Sailors Violated International Law • United States Justifies Its Use of Force in Libya Under International and National Law • U.S. Drone Strike Kills Taliban Leader in Pakistan • U.S. Government Releases Casualty Report, Executive Order, and Presidential Policy Guidance Related to Its Counterterrorism Strike Practices • The Department …

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

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In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic

"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen

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The theme for the 2015 Arctic Encounter Symposium was “Charting a Path to U.S. Leadership in the Far North.” I would like to begin my comments regarding U.S. leadership by reminding the audience that the Arctic is primarily a maritime domain and the fundamental rule set for international relations in the Arctic’s maritime domain is the 1982 U.N. Convention on the Law of the Sea (LOS Convention), a convention to which the United States remains the most conspicuous non-party.

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

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• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress

The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz

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No abstract provided.

Proving Corporate Criminal Liability For Negligence In Vessel Management And Operations: An Allision-Oil Spill Case Study, Craig H. Allen

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Maritime policy analysts often invoke the "vessel safety net" metaphor to explain the independent, but overlapping, risk management roles and responsibilities of the vessel master and crew, owner and charterer, operating company, classification society, flag state and port states. Oil spills from the 2002 M/T Prestige break up off the coast of Galicia, Spain, the 2007 M/V Cosco Busan bridge allision in San Francisco Bay and the 2010 Deepwater Horizon debacle in the Gulf of Mexico, among others, demonstrate that any or all of the components of that safety net may come under scrutiny following a marine casualty, possibly leading …

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

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Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime.

There is less agreement, however, in how …

The "Tomimaru" (Japan V. Russian Federation). Judgment. Itlos Case No. 15. At . International Tribunal For The Law Of The Sea, August 6, 2007., Bernard H. Oxman

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No abstract provided.

The Influence Of Law On Sea Power Doctrines: The New Maritime Strategy And The Future Of The Global Legal Order, Craig H. Allen

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For much of the 2006-07 academic year, elements of the US Naval War College facilitated an elaborate process designed to provide the intellectual foundations for the Chief of Naval Operations (CNO) and his staff to draw upon in drafting a new maritime strategy. The process brought together experts from throughout the world to take part in workshops, strategic foundation "war" games, conferences and listening sessions.

It was my privilege as the Charles H. Stockton Chair of International Law to serve as legal advisor throughout the process. This article summarizes the contributions of the Naval War College International Law Department (ILD) …

A Tribute To Louis Sohn - Is The Dispute Settlement System Under The Law Of The Sea Convention Working?, Bernard H. Oxman

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No abstract provided.

The Territorial Temptation: A Siren Song At Sea, Bernard H. Oxman

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No abstract provided.

Australia's Tampa Incident: The Convergence Of International And Domestic Refugee And Maritime Law In The Pacific Rim: Introduction To The Maritime Law Forum, Craig Allen

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The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the United …

The"Grand Prince" (Belize V. France).Judgment. Itlos Case No. 8. At'. International Tribunal For The Law Of The Sea, April 20, 2001., Bernard H. Oxman, Vincent P. Bantz

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No abstract provided.

Protecting The Oceanic Gardens Of Eden: International Law Issues In Deep-Sea Vent Resource Conservation And Management, Craig Allen

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This article seeks to stimulate the nascent discussion on legal questions presented by access to, and use of, deep-sea hydrothermal vent sites and resources and to help guide ocean policy analysts in their efforts to formulate and implement appropriate conservation and management measures adapted to the unique multiple-use conflicts posed by the vent phenomena. The inquiry is timely and important for the vent communities, some of which are already showing signs of the human footprint—a footprint that may in the not too distant future include the tracks of submarine bulldozers as they set about the job of seabed mining.

The …

Complementary Agreements And Compulsory Jurisdiction, Bernard H. Oxman

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No abstract provided.

U.S. Constitutional Law--Federal Jurisdiction---Environmental Law--Maritime Law--State Regulation Of Shipping For Pollution--Control Purposes--Federal Preemption United States V. Locke. 120 S.Ct. 1135. Supreme Court Of The United States, March 6, 2000., Patrick O. Gudridge

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No abstract provided.

Transit Of Straits And Archipelagic Waters By Military Aircraft, Bernard H. Oxman

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The UN Convention on the Law of the Sea balances the interests of states in ways that are more refined than the classic summa divisio between the free high seas and territorial waters. The result for aviation is the preservation of freedom of overflight for civil and military aircraft seaward of the territorial sea in the exclusive economic zone as on the high seas beyond, and the right of such aircraft to transit archipelagic waters as well as straits comprised of territorial seas and internal waters. A proper understanding of the scope of these rights and their relationship to the …

The "Camouco" (Panamav. France) (Judgment). Itlos Case No. 5. . International Tribunal For The Law Of The Sea, February 7, 2000., Bernard H. Oxman, Vincent P. Bantz

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No abstract provided.

Sub-Regional, Regional And International Co-Operation In Responding To And Deterring Transboundary Marine Pollution, Bernard H. Oxman

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No abstract provided.

Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman

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No abstract provided.

Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

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No abstract provided.

Observations On Vessel Release Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

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No abstract provided.

Environmental Protection In Archipelagic Waters And International Straits-The Role Of The International Maritime Organisation, Bernard H. Oxman

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No abstract provided.

The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman

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No abstract provided.