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Full-Text Articles in Law
International Security And International Law In The Northwest Passage, James Kraska
International Security And International Law In The Northwest Passage, James Kraska
Vanderbilt Journal of Transnational Law
Concern over the loss of sea ice has renewed discussions over the legal status of the Arctic and subarctic transcontinental maritime route connecting the Atlantic and Pacific Oceans, referred to as the "Northwest Passage." Over the past thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of …
The Continental Shelf Beyond 200 Nautical Miles, Vladimir Jares
The Continental Shelf Beyond 200 Nautical Miles, Vladimir Jares
Vanderbilt Journal of Transnational Law
As policymakers, academia, and the media have paid increased attention to the Arctic region, there is more evidence of a certain lack of knowledge concerning the applicable international law.
The United Nations Convention on the Law of the Sea of December 10, 1982--adopted in 1982 and in force since November 16, 1994--provides both a legal framework within which all activities in oceans and seas must be carried out and, as far as the seabed of the Arctic Ocean international law is concerned, answers to questions related to its legal status and applicable regulations.
If a coastal State wishes to delineate …
The Arctic: An Opportunity To Cooperate And Demonstrate Statesmanship, Dr. Hans Corell
The Arctic: An Opportunity To Cooperate And Demonstrate Statesmanship, Dr. Hans Corell
Vanderbilt Journal of Transnational Law
The Article discusses in four distinct parts disputes relating to maritime boundaries in the Arctic; "gaps" in the legal regime in the Arctic; environmental and security concerns; and the administration of the Arctic.
Regarding the first item, the Article maintains that the point of departure is that the United Nations Convention on the Law of the Sea applies also in the Arctic. Overlapping claims by the coastal states are perfectly legitimate and thus should not be dramatized. What matters is how such differences are resolved.
Referring to suggestions that there are "gaps" in the Arctic legal regime and that a …
Judicial And Arbitral Proceedings And The Outer Limits Of The Continental Shelf, John E. Noyes
Judicial And Arbitral Proceedings And The Outer Limits Of The Continental Shelf, John E. Noyes
Vanderbilt Journal of Transnational Law
This Article explores when international third-party dispute settlement forums may hear cases concerning the outer limits of a continental shelf beyond 200 nautical miles from baselines. The 1982 Convention on the Law of the Sea articulated determinate rules for establishing those limits and created an institution--the Commission on the Limits of the Continental Shelf--to make recommendations concerning them. Limits set by coastal states "on the basis of" such recommendations "shall be final and binding." Yet the Law of the Sea Convention's third-party dispute settlement system may also apply to outer limits questions concerning the Arctic Ocean and other oceans.
International …