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2014

Law of the Sea

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Full-Text Articles in Law

Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg Dec 2014

Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg

International Law Studies

Since their first extensive use in the 1904–05 Russo-Japanese War naval mines have continued to pose a considerable threat to innocent shipping. States reacted by adopting the 1907 Hague Convention VIII, which has been the only international instrument on the matter to date. In view of the fact that more than 80 percent of imports and exports are shipped by sea, freedom of navigation and, in particular, transit and archipelagic sea lanes passage rights must be preserved to the greatest extent possible. The present article deals with the question of whether international rules and principles provide effective protection of international …


Survey Of United States Jurisdiction Over High Seas Narcotics Trafficking, Jeffrey D. Stieb Dec 2014

Survey Of United States Jurisdiction Over High Seas Narcotics Trafficking, Jeffrey D. Stieb

Georgia Journal of International & Comparative Law

No abstract provided.


Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon Dec 2014

Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon

Georgia Journal of International & Comparative Law

No abstract provided.


The Left-To-Die Boat: Review 2, Peter Mares Dec 2014

The Left-To-Die Boat: Review 2, Peter Mares

RadioDoc Review

In March 2011 an inflatable boat carrying 72 asylum seekers from sub-Saharan Africa set out from the coast of Libya hoping to reach the Italian island of Lampedusa. As one Italian official commented, sailing from Libya towards Italy should have been ‘a bit like doing a slalom between military ships’. Yet as, out of fuel, supplies of food and water dwindled to nothing and the people on board began to get sick and die, the boat continued to drift and no help came. Eventually it floated all the way back to the Libyan coast. Of the 50 men, 20 women …


Maritime Piracy And Armed Robbery Confrontations Across The Globe: Can Crew Action Shape The Outcomes?, Justin Stewart Lewis Dec 2014

Maritime Piracy And Armed Robbery Confrontations Across The Globe: Can Crew Action Shape The Outcomes?, Justin Stewart Lewis

UNLV Theses, Dissertations, Professional Papers, and Capstones

Abstract

The recent tightening of military budget constraints has called into question the feasibility of costly multilateral naval intervention used to combat maritime piracy off the eastern coast of Africa. Though past studies agree that the transformation of the Somali economy and government is crucial for a long-term solution to piracy in this part of the world, short to medium-run solutions are needed to bridge the gap. Such solutions should be fiscally sensible and serve as effective deterrents, as well as be applicable in addressing the problem of piracy and maritime armed robbery in other parts of the globe.

In …


The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris Nov 2014

The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris

Georgia Journal of International & Comparative Law

No abstract provided.


The Distant Island Problem: The Arbitration On The Delimitation Of The Maritime Zones Around The French Collectivite Teritoriale Of Saint-Pierre-And-Miquelon, Merritt R. Blakeslee Nov 2014

The Distant Island Problem: The Arbitration On The Delimitation Of The Maritime Zones Around The French Collectivite Teritoriale Of Saint-Pierre-And-Miquelon, Merritt R. Blakeslee

Georgia Journal of International & Comparative Law

No abstract provided.


Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein Oct 2014

Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein

Georgia Journal of International & Comparative Law

No abstract provided.


Port State Control: Strong Medicine To Cure A Sick Industry, John Hare Oct 2014

Port State Control: Strong Medicine To Cure A Sick Industry, John Hare

Georgia Journal of International & Comparative Law

No abstract provided.


Some Reflections Over The Brussels Convention Of 1952 Relating To Arrest Of Sea-Going Vessels And Its Amending Process, Jose M. Alcantara Oct 2014

Some Reflections Over The Brussels Convention Of 1952 Relating To Arrest Of Sea-Going Vessels And Its Amending Process, Jose M. Alcantara

Georgia Journal of International & Comparative Law

No abstract provided.


Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum Oct 2014

Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum

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 …


1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines Oct 2014

1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines

International Law Studies

This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …


Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts Oct 2014

Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts

International Law Studies

Legal texts and scholarly articles that deal with the topic of naval mine warfare typically do so by reference to Hague Convention VIII of 1907 and customary international law. Little comment, if any, is usually made in relation to the variety of other legal regimes that might impact upon the use of naval mines in armed conflict. This article seeks to redress that imbalance by examining, with a focus on the jus in bello, a range of legal considerations arising from more contemporary sources that affect the use of naval mines in international armed conflict.


The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin Oct 2014

The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin

International Law Studies

There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …


International Law Applicable To Naval Mines, Chatham House Oct 2014

International Law Applicable To Naval Mines, Chatham House

International Law Studies

This report summarizes the workshop held on February 26–27, 2014 on the law governing the use of naval mines in times of both peace and war. The workshop, organized by Chatham House, the Royal Navy and U.S. Naval War College, brought together a group of international law scholars, operational lawyers and other legal experts in the field. The objective of the workshop was to clarify existing law and identify areas of legal uncertainty to assist States to conduct their operations lawfully.


The Future Of Whaling: Should The International Whaling Commission Create A Broadened Cultural Exemption To The Whaling Moratorium For Iceland?, Ramsey Henderson Oct 2014

The Future Of Whaling: Should The International Whaling Commission Create A Broadened Cultural Exemption To The Whaling Moratorium For Iceland?, Ramsey Henderson

Georgia Journal of International & Comparative Law

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 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.


Maritime Boundaries In The Baltic Sea: Post-1991 Developments, Erik Franckx Sep 2014

Maritime Boundaries In The Baltic Sea: Post-1991 Developments, Erik Franckx

Georgia Journal of International & Comparative Law

No abstract provided.


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.


Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan Sep 2014

Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan

Georgia Journal of International & Comparative Law

No abstract provided.


Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh Sep 2014

Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh

Georgia Journal of International & Comparative Law

No abstract provided.


Fear God And Dread Nought: Naval Arms Control And Counterfactual Diplomacy Before The Great War, James Kraska Sep 2014

Fear God And Dread Nought: Naval Arms Control And Counterfactual Diplomacy Before The Great War, James Kraska

Georgia Journal of International & Comparative Law

No abstract provided.


Fishing Moratoria And Securing Turfs: Creating Opportunities For Future Marine Resource Abundance In The Face Of Scarcity In Western Africa, Anastasia Telesetsky Sep 2014

Fishing Moratoria And Securing Turfs: Creating Opportunities For Future Marine Resource Abundance In The Face Of Scarcity In Western Africa, Anastasia Telesetsky

Georgia Journal of International & Comparative Law

No abstract provided.


Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer Sep 2014

Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer

Georgia Journal of International & Comparative Law

No abstract provided.


Study On China’S Dual Maritime Law Enforcement System, Yu Chen Aug 2014

Study On China’S Dual Maritime Law Enforcement System, Yu Chen

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In Jul 2014

The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In

Indonesian Journal of International Law

This paper investigates the anticipated trademark problems may result from tobacco control regulations, particularly the warning label requirements implemented in WTO members and the stricter regulation of plain packaging promulgated in Australia (“tobacco measures”). Following the adoption of the Framework Convention on Tobacco Control (“FCTC”) in May 2003 (enforce by February 2005), member countries tend to seek for possibilities to implement and use stricter approach to achieve their public health policy. As the core concept and main goal of WTO is trade liberalization, regardless of types of goods traded among members, whereas the stricter restriction on trademark use means the …


On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius Jul 2014

On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.