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Gaps, Issues And Prospects: International Law And The Protection Of Underwater Cultural Heritage, Lowell Bautista

Lowell Bautista

The protection and preservation of underwater cultural heritage is becoming an increasingly important issue as technologies develop which allow for its exploitation. The UNESCO Convention on the Protection of Underwater Cultural Heritage ("UCH Convention") is an important step in the international regulation of this resource. This paper examines the theoretical and historical antecedents of the UCH Convention, and outlines the Convention's most significant provisions. Specifically, this paper examines how the UCH Convention protects underwater cultural heritage in six areas: internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, and the Area. This paper then …

Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Mary Ellen O'Connell

Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …

Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista

Lowell Bautista

In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …

The Implications Of Recent Decisions Of International Courts And Tribunals On The Territorial And Maritime Boundary Disputes In East And Southeast Asia (Nbr Special Report No.37 - Pp105-128), Lowell Bautista

Lowell Bautista

EXECUTIVE SUMMARY

This essay examines recent decisions of international courts and tribunals—specifically, the 2009 Maritime Delimitation in the Black Sea case between Romania and Ukraine—and draws implications for the territorial and maritime boundary disputes in East and Southeast Asia.

Main Findings The judgment of the International Court of Justice (ICJ) in the Black Sea case is a landmark jurisprudential contribution to the development of the law of maritime delimitation. In this case, the ICJ explicitly provided a three-stage delimitation method—which, although not novel, is a clarification and clear articulation not seen in previous cases.

The peaceful settlement of disputes over …

The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista

Lowell Bautista

The fundamental position of the Philippines is that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the Sea Convention, which the Philippines signed and ratified. The issue of the legal status of the Philippine Treaty Limits in international law has been subject of much academic debate and serious criticisms. This paper will analyse the legal status of the Philippine Treaty Limits …

International Legal Implications Of The Philippine Treaty Limits On Navigational Rights In Phillipine Waters, Lowell Bautista

Lowell Bautista

The Philippine Treaty Limits define the colonial territorial limits of the Philippine Archipelago and impose serious restrictions on navigational rights andfreedoms accorded to ships under the Law of the Sea Convention (LOSC), which the Philippines has signed and ratified. This paper discusses these navigational rights and freedoms and analyses the inconsistencies between the navigational regimes provided for in LOSC and their implementation in various Philippine maritime zones of jurisdiction.

The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista

Lowell Bautista

The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …

Taxing Citizens In A Global Economy, Michael S. Kirsch

Michael Kirsch

This Article addresses a fundamental issue underlying the U.S. tax system in the international context: the use of citizenship as a jurisdictional basis for imposing income tax. As a general matter, the United States is the only economically developed country that taxes its citizens abroad on their foreign income. Despite this broad general assertion of taxing jurisdiction, Congress allows citizens abroad to exclude a limited amount of their income earned from working outside the United States. Influential lobbying groups, including businesses that employ significant numbers of U.S. citizens abroad, argue that this exclusion is necessary in order to keep American …

A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel

Douglass Cassel

The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.

International Human Rights Law And Security Detention, Douglass Cassel

Douglass Cassel

This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …

Violence And Social Repair: Rethinking The Contribution Of Justice To Reconciliation, Laurel E. Fletcher, Harvey M. Weinstein

Laurel E. Fletcher

This article explores limitations of international criminal trials that assign accountability for mass atrocities to individuals, and offers a model to understand the contribution of trials to social reconstruction. In the last decade, there has been a burgeoning interest in the question of how countries recover from episodes of mass violence or gross human rights violations. This interest has focused on the concept of transitional justice, a term used to describe the processes by which a state seeks to redress the violations of a prior regime. Despite the fact that military and political leaders who ordered or directed mass terror …

Sending American Children Abroad: An Analysis Of U.S. Adoption Practices After The Ratification Of The Hague Convention On Intercountry Adoption, Jessica J. G. Johnson

Jessica J. G. Johnson

While many people accept the fact that Americans and Europeans regularly adopt children from foreign countries such as China and Ethiopia, a different trend is becoming more common today. American-born children are being adopted by people living in foreign countries. This fact is not in itself bad or immoral; however, it clearly violates the Hague Convention on International Adoption which was fully integrated into U.S. law in 2008. This treaty has a provision known as the subsidiarity rule which states that all available options within the home country must first be considered before allowing a child to be adopted by …

Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose

Professor Gregory Rose

This paper provides an overview of major Australian developments in international environmental law during the term of the Howard government.

Plant Genetic Resources, International Protection, G. L. Rose

Professor Gregory Rose

No abstract provided.

Responsble Fishing Practices And Combatting Iuu Fishing: International And Regional Standards, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.

The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo

Professor Ben M Tsamenyi

On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU …

Current International Law And Practice Regarding The Right Of Hot Pursuit, Jack Mccaffrie, Ben Tsamenyi, Quentin Hanich

Professor Ben M Tsamenyi

No abstract provided.

The Legal Substance And Status Of Fishing Entities In International Law: A Note, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.

International Legal And Policy Frameworks For Integrated Coastal And Oceans Management: An Initial Analysis, Ben Tsamenyi, Georgia Nogueira De Souza Patu

Professor Ben M Tsamenyi

No abstract provided.

Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar

Professor Ben M Tsamenyi

No abstract provided.

International Principles In Marine Conservation And Management, G. Rose, Quentin Hanich, Ruth Davis, Ben Tsamenyi, Afroza Begum

Professor Ben M Tsamenyi

No abstract provided.

International Marine Conservation Law And Its Implementation In Australia, G. Rose, Ben Tsamenyi, Alison Castle

Professor Ben M Tsamenyi

No abstract provided.

Public International Law: An Australian Perspective, Ben Tsamenyi, Sam Blay, Ryszard Piotrowicz

Professor Ben M Tsamenyi

No abstract provided.

Implementing International Environmental Law In Australia: Queensland V The Commonwealth (Full Court Of The High Court Of Australia, Mason Cj, Brennan, Deane, Dawson Toohey, Gaudron And Mchugh Jj 30june 1989), Ben Tsamenyi, J Bedding

Professor Ben M Tsamenyi

No abstract provided.

Report On The Implementation Of International Fisheries Instruments And Analysis Of Gaps In Domestic Fisheries Management Legislation In The Southeast Asian Region, Mary Ann Palma, Quentin Hanich, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.

Promoting Sustainable Fisheries: The International Legal And Policy Framwork To Combat Illegal, Unreported And Unregulated Fishing, William Edeson, Ben Tsamenyi, Mary Ann Palma

Professor Ben M Tsamenyi

No abstract provided.

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

Professor Ben M Tsamenyi

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.

The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott

Professor Ben M Tsamenyi

No abstract provided.

International Money Laundering: The Need For Icc Investigative And Adjudicative Jurisdiction, Michael R. Anderson

Michael Anderson

Money laundering is one of the most pressing issues in the realm of international financial crimes. One of the biggest issues involved in international money laundering is the problem of adjudication. There is no international organization that currently hears these sorts of claims, forcing nations to adjudicate these crimes on their own, often without adequate resources to effectively investigate and enforce their money laundering statutes.

This article argues that, in order to more effectively prevent and adjudicate international money laundering offenses, the International Criminal Court should adopt an international money laundering statute designating these activities as a crime within the …