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Full-Text Articles in Law

Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla Dec 2021

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 Aug 2017

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 Feb 2017

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 Oct 2014

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 Oct 2014

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 Oct 2014

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 Jul 2012

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 Apr 2012

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 Feb 2012

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 Oct 2011

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 Apr 2008

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 Apr 2001

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 Apr 2001

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 Oct 2000

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 Mar 2000

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 Mar 2000

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 Oct 1998

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 Oct 1998

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 Oct 1998

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 Oct 1998

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 Oct 1998

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 Jan 1997

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 Jan 1997

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 Jul 1996

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 Mar 1992

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 Mar 1986

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 Dec 1982

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 May 1982

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 Dec 1978

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 Dec 1978

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.