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Full-Text Articles in Law

Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput May 2022

Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput

Pace International Law Review

The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive …


Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate Jan 2021

Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.


Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher Oct 2017

Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher

Maine Law Review

Consider the following: You, a Maine resident, and your friend, a Massachusetts resident, have gone for a weekend trout fishing trip to Acadia National Park in Downeast Maine. The two of you are happily catching trout, and then each of you hook a bass and reel it in. Keeping the bass is illegal under Maine law but not banned by the National Park. Along comes a Maine game warden, who spies the two of you and cites only you with a fine for catching and keeping the bass. The warden says nothing to the Massachusetts resident who continues to fish, …


Ocean Thermal Energy Conversion, John W. Kindt Mar 2015

Ocean Thermal Energy Conversion, John W. Kindt

Georgia Journal of International & Comparative Law

No abstract provided.


Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo Oct 2014

Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo

International Law Studies

In August 2014, a Chinese fighter aggressively intercepted a U.S. Navy surveillance plane over the South China Sea. This incident once again raises the issue of the legality of conducting military activities in and over the exclusive economic zone (EEZ) without coastal State notice or consent. All nations have a right under international law to conduct military activities in foreign EEZs. The article discusses the legal bases for conducting these activities and reviews some of the more prominent arguments used by States that purport to regulate such activities in the EEZ. It concludes that the right to engage in military …


Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright Sep 2014

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.


The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo Feb 2014

The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo

International Law Studies

This paper examines the legality of China's recent endeavors to change the status quo in the Asia-Pacific region, specifically with respect to the announcement of an ADIZ over the East China Sea. The piece concludes with recommendations for potential U.S. responses.


The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall Oct 2010

The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall

San Diego International Law Journal

This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.


Encroachment On Navigational Freedoms, Raul (Pete) Pedrozo Aug 2008

Encroachment On Navigational Freedoms, Raul (Pete) Pedrozo

International Law Studies

No abstract provided.


China And The Law Of The Sea: An Update, Guifang Xue Aug 2008

China And The Law Of The Sea: An Update, Guifang Xue

International Law Studies

No abstract provided.


The 1982 United Nations Convention Of The Law Of The Sea: A Historical Perspective On Prospects For Us Accession, Horace B. Robertson Jr. Aug 2008

The 1982 United Nations Convention Of The Law Of The Sea: A Historical Perspective On Prospects For Us Accession, Horace B. Robertson Jr.

International Law Studies

No abstract provided.


Implications Of Global Warming On State Sovereignty And Arctic Resources Under The United Nations Convention On The Law Of The Sea: How The Arctic Is No Longer Communis Omnium Naturali Jure, Parker Clote Jan 2008

Implications Of Global Warming On State Sovereignty And Arctic Resources Under The United Nations Convention On The Law Of The Sea: How The Arctic Is No Longer Communis Omnium Naturali Jure, Parker Clote

Richmond Journal of Global Law & Business

No abstract provided.


Actual And Future Threats Emaniting From The Commons: A Chiliean Approach, Francisca Moller, Jorge Balaresque Aug 2007

Actual And Future Threats Emaniting From The Commons: A Chiliean Approach, Francisca Moller, Jorge Balaresque

International Law Studies

No abstract provided.


Threats From The Global Commons: Problems Of Jurisdiction And Enforcement, Stuart Kaye Aug 2007

Threats From The Global Commons: Problems Of Jurisdiction And Enforcement, Stuart Kaye

International Law Studies

No abstract provided.


Future Navies - Present Issues, Jane G. Dalton Dec 2006

Future Navies - Present Issues, Jane G. Dalton

International Law Studies

No abstract provided.


Full Volume 80: Issues In International Law And Military Operations May 2006

Full Volume 80: Issues In International Law And Military Operations

International Law Studies

No abstract provided.


Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim May 2006

Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim

International Law Studies

No abstract provided.


The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens May 2006

The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens

International Law Studies

No abstract provided.


Unsustainable Marine Fisheries, Daniel Pauly Jan 2006

Unsustainable Marine Fisheries, Daniel Pauly

Sustainable Development Law & Policy

No abstract provided.


Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron May 2003

Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron

San Diego International Law Journal

The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …


Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel May 2002

Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel

San Diego International Law Journal

This Comment will argue that the EPA may regulate the emissions of large sea-going vessels flying foreign flags that enter the territorial sea, contiguous zone, or Exclusive Economic Zone (EEZ) of the United States, under Section 213 of the CAA, notwithstanding conventional and customary Law of the Sea and other international treaties governing vessel source pollution. Part II of the comment presents background material that explains the provisions of the CAA, which mandate the EPA to regulate international shipping vessels. This section also presents the regulatory schemes developed by the IMO and the EPA. Part III evaluates whether the EPA …


Chapter Vi (The Tanker War And The Maritime Environment) Jun 2000

Chapter Vi (The Tanker War And The Maritime Environment)

International Law Studies

No abstract provided.


Chapter Iv (Claims Related To The Law Of The Sea (Los)) Jun 2000

Chapter Iv (Claims Related To The Law Of The Sea (Los))

International Law Studies

No abstract provided.


Full Volume 74: The Tanker War, 1980-88: Law And Policy Jun 2000

Full Volume 74: The Tanker War, 1980-88: Law And Policy

International Law Studies

No abstract provided.


Full Volume 73: The Commander's Handbook On The Law Of Naval Operations Jun 1999

Full Volume 73: The Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.


Chapter Ii: International Status And Navigation Of Warships And Military Aircraft Jun 1999

Chapter Ii: International Status And Navigation Of Warships And Military Aircraft

International Law Studies

No abstract provided.


The Maritime Claims Reference Manual And The Law Of Baselines, J. Ashley Roach Dec 1998

The Maritime Claims Reference Manual And The Law Of Baselines, J. Ashley Roach

International Law Studies

No abstract provided.


The Development Of International Law With Respect To The Law Enforcement Roles Of Navies And Coast Guards In Peacetime, Ivan Shearer Sep 1998

The Development Of International Law With Respect To The Law Enforcement Roles Of Navies And Coast Guards In Peacetime, Ivan Shearer

International Law Studies

No abstract provided.


The Future Of U.S. Ocean Policy, J. Ashley Roach, Robert W. Smith Dec 1994

The Future Of U.S. Ocean Policy, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.


Exclusive Economic Zone, J. Ashley Roach, Robert W. Smith Dec 1994

Exclusive Economic Zone, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.