Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Maritime law (5)
- International law (4)
- Marine resources (4)
- Shipping (Water transportation) (3)
- Caribbean Area; Biodiversity -- Caribbean Area; Endangered species (2)
-
- Law of the Sea (2)
- Law of the sea (2)
- Maritime Law (2)
- Maritime boundaries (2)
- Mines and minerals (2)
- Territorial boundaries (2)
- Water pollution (2)
- Access to the sea (1)
- Actions in rem (1)
- Arbitration (1)
- Bolivia (1)
- Border dispute (1)
- Canada (1)
- Caribbean Area; Coasts; Sustainable development -- Caribbean Area (1)
- Caribbean Area; Territorial waters; United Nations Convention on the Law of the Sea (1982 (1)
- Cetacea (1)
- Chile (1)
- China (1)
- Claims (1)
- Coastal States (1)
- Coastal and Great Lakes water transportation (except by ferries) (1)
- Conflict of laws (1)
- Constitution (1)
- Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (1)
- Counterterrorism (1)
- Publication Year
Articles 1 - 30 of 40
Full-Text Articles in Law
Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla
Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla
University of Miami Inter-American Law Review
46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …
The South China Sea Arbitration Award, Bernard H. Oxman
The South China Sea Arbitration Award, Bernard H. Oxman
University of Miami International and Comparative Law Review
No abstract provided.
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
University of Miami Inter-American Law Review
In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial temptations arising …
The New Ice Age: The Dawn Of Arctic Shipping And Canada’S Fight For Sovereignty Over The Northwest Passage, Caitlin O'Leary
The New Ice Age: The Dawn Of Arctic Shipping And Canada’S Fight For Sovereignty Over The Northwest Passage, Caitlin O'Leary
University of Miami Inter-American Law Review
No abstract provided.
Deepwater Transboundary Hydrocarbons: Considerations For Exploitation At The Edge Of Continental Margins Under The United Nations Convention On Thelaw Of The Sea (1982) Between Coastal States And The International Seabed Authority, Erik A. Neff
University of Miami International and Comparative Law Review
No abstract provided.
Salvage At Your Own Peril: A Common Law Approach To Maritime Treasure Recovery, Christopher A. Noel
Salvage At Your Own Peril: A Common Law Approach To Maritime Treasure Recovery, Christopher A. Noel
University of Miami Inter-American Law Review
No abstract provided.
The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell
The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell
University of Miami Inter-American Law Review
No abstract provided.
The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
University of Miami International and Comparative Law Review
No abstract provided.
Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski
Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski
University of Miami Inter-American Law Review
No abstract provided.
National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern
National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern
University of Miami International and Comparative Law Review
This article will assess both the problems and potential solutions to contemporary seaborne threats of piracy, robbery, and terrorism, and discuss challenges and opportunities for the domestic and international forums prosecuting the crimes that constitute piracy and maritime terrorism. In particular it will begin with a discussion of the (d)evolution of events in the late 20th Century, which has transformed the old problem of piracy into a modern scourge. Piratical tactics, techniques and procedures (TTP) gave rise to a distinctly different threat from that faced in the past. Accompanying this discussion is a survey of present-day piracy, followed by an …
Combating Terrorism At Sea -- The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation, Helmut Tuerk
Combating Terrorism At Sea -- The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation, Helmut Tuerk
University of Miami International and Comparative Law Review
While piracy is an age-old phenomenon plaguing mankind, terrorism at sea has only manifested itself in recent times through the Achille Lauro hijacking in 1985 serving as a wake-up call. The international community has since been striving to adopt a series of legal as well as practical measures in order to prevent a recurrence of such a terrorist act because the rules of international law relating to piracy are not applicable mutatis mutandis to terrorism. The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation was adopted in 1988. This Convention addressed terrorism at sea for …
A Comment On The New International Convention On Arrest Of Ships, 1999, Robert W. Lynn
A Comment On The New International Convention On Arrest Of Ships, 1999, Robert W. Lynn
University of Miami Law Review
No abstract provided.
Presidential Proclamation 7219: Extending The United States' Contiguous Zone-Didn't Someone Say This Had Something To Do With Pollution?, James Carlson
University of Miami Law Review
No abstract provided.
Developing Use Of Force Doctrine: A Legal Case Study Of The Coast Guard's Airborne Use Of Force, Rachel Canty
Developing Use Of Force Doctrine: A Legal Case Study Of The Coast Guard's Airborne Use Of Force, Rachel Canty
University of Miami Inter-American Law Review
No abstract provided.
Bilateral Maritime Counter-Drug And Immigrant Interdiction Agreements: Is This The World Of The Future?, Joseph E. Kramek
Bilateral Maritime Counter-Drug And Immigrant Interdiction Agreements: Is This The World Of The Future?, Joseph E. Kramek
University of Miami Inter-American Law Review
No abstract provided.
Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams
Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams
University of Miami Inter-American Law Review
No abstract provided.
Keynote Address: Harmonization Of Pre-Existing 200-Mile Claims In The Latin American Region With The United Nations Convention On The Law Of The Sea And Its Exclusive Economic Zone, Hugo Caminos
University of Miami Inter-American Law Review
No abstract provided.
Critical Analysis Of The Spaw Protocol: The Dilemma Of Regional Cooperation, Charlotte De Fontaubert, Tundy Agardy
Critical Analysis Of The Spaw Protocol: The Dilemma Of Regional Cooperation, Charlotte De Fontaubert, Tundy Agardy
University of Miami Inter-American Law Review
No abstract provided.
Implementation Of The Protocol Concerning Specially Protected Areas And Wildlife (Spaw) In The Wider Caribbean Region, Alessandra Vanzella-Khouri
Implementation Of The Protocol Concerning Specially Protected Areas And Wildlife (Spaw) In The Wider Caribbean Region, Alessandra Vanzella-Khouri
University of Miami Inter-American Law Review
No abstract provided.
Historic Salvage And The Law Of The Sea, David J. Bederman
Historic Salvage And The Law Of The Sea, David J. Bederman
University of Miami Inter-American Law Review
No abstract provided.
Integrated Coastal Zone Management In The Caribbean Region, Daniel Suman
Integrated Coastal Zone Management In The Caribbean Region, Daniel Suman
University of Miami Inter-American Law Review
No abstract provided.
Mexico's Legal Regime Over Its Marine Spaces: A Proposal For The Delimitation Of The Continental Shelf In The Deepest Part Of The Gulf Of Mexico, Jorge A. Vargas
Mexico's Legal Regime Over Its Marine Spaces: A Proposal For The Delimitation Of The Continental Shelf In The Deepest Part Of The Gulf Of Mexico, Jorge A. Vargas
University of Miami Inter-American Law Review
No abstract provided.
International Maritime Boundaries: Political, Strategic And Historical Considerations, Bernard H. Oxman
International Maritime Boundaries: Political, Strategic And Historical Considerations, Bernard H. Oxman
University of Miami Inter-American Law Review
No abstract provided.
Fishing For An International Norm To Govern Straddling Stocks: The Canada-Spain Dispute Of 1995, William T. Abel
Fishing For An International Norm To Govern Straddling Stocks: The Canada-Spain Dispute Of 1995, William T. Abel
University of Miami Inter-American Law Review
No abstract provided.
The International Maritime Organization And The Draft Convention On Liability And Compensation In Connection With The Carriage Of Hazardous And Noxious Substances By Sea: An Update On Recent Activity, Robert S. Schuda
University of Miami Law Review
No abstract provided.
Schiffahartsgesellschaft Leonhardt: A Dangerous Precedent For The Effectiveness Of The Supplemental Rules For Certain Admiralty And Maritime Claims, James D. Garbus
Schiffahartsgesellschaft Leonhardt: A Dangerous Precedent For The Effectiveness Of The Supplemental Rules For Certain Admiralty And Maritime Claims, James D. Garbus
University of Miami Law Review
No abstract provided.
Interest Analysis And Maritime Choice Of Law: Phillips V. Amoco Trinidad Oil Co., Douglas H. Stein
Interest Analysis And Maritime Choice Of Law: Phillips V. Amoco Trinidad Oil Co., Douglas H. Stein
University of Miami Inter-American Law Review
No abstract provided.
Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin
Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin
University of Miami Law Review
This article surveys the safe port and berth provisions that typically are found in charter party agreements. The author argues that courts and arbitrators often interpret these provisions unpredictably and inconsistently, creating uncertainty in maritime transactions. The author concludes by proposing a solution to this problem and offers a model safe berth provision that the parties to a charter should incorporate into their agreement.
The Ocean Dumping Dilemma, Stuart Weinstein-Bacal
The Ocean Dumping Dilemma, Stuart Weinstein-Bacal
University of Miami Inter-American Law Review
No abstract provided.
The Regime For The Exploitation Of The Seabed Mineral Resources: A Latin-American View, Francisco Orrego-Vicuña
The Regime For The Exploitation Of The Seabed Mineral Resources: A Latin-American View, Francisco Orrego-Vicuña
University of Miami Inter-American Law Review
No abstract provided.