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Articles 1 - 11 of 11
Full-Text Articles in Law
A Critical Assessment Of Bill S-203, Ending The Captivity Of Whales And Dolphins Act: Challenging The Exclusivity Of Anthropocentrism And Science-Based Justifications, Rachel De Graaf
Animal Law Review
Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) became Canadian law in 2019, banning the captivity of cetaceans. This Article critically examines Bill S-203, arguing that it is underpinned by anthropocentric and science-based justifications that will work as exclusionary forces against many animals in need of legal protection. Instead, the Article advocates for an empathetic and multi-jural approach that accounts for human-animal interconnectedness and the unique cultures of animals. This argument is theoretically rooted in vegan ecofeminism’s empathic and non-binaristic perspective. As such, this Article scrutinizes the reasoning behind …
Slow And Steady Saves The Whales: Preventing Vessel Strikes On Whales In The Santa Barbara Channel, Anthony Cusato
Slow And Steady Saves The Whales: Preventing Vessel Strikes On Whales In The Santa Barbara Channel, Anthony Cusato
William & Mary Environmental Law and Policy Review
“While in the life the great whale’s body may have been a real terror to his foes, in his death his ghost becomes a powerless panic to a world.” In the past, whales and humans (in boats) fought on the high seas. The humans fought for precious whale oil while the whales fought for their rights not to be murdered and turned into oil. While those days are mostly long gone, whales still face a serious threat of harm from humans in the form of vessel strikes, which is when a whale is struck by a vessel. Vessel strikes are …
All Is Whale That Ends Whale? The Deficiencies In National Protection For Orca Whales In Captivity, Hillary T. Wise
All Is Whale That Ends Whale? The Deficiencies In National Protection For Orca Whales In Captivity, Hillary T. Wise
Akron Law Review
With the severity of our Earth’s climate change crisis, this article endeavors to underline the critical need for environmental reformation. It is no secret that orca whales epitomize miraculous intelligence, gentility, and strength. As overwhelming as this crisis might be, there are very concrete steps that our legal system can take to begin protecting and making a difference for our whales and our Earth. It is my hope that this article can shed some light on what is at stake for these animals, and how we might move forward toward a sustainable, safe future for them.
Finding, Sharing And Risk Of Loss: Of Whales, Bees And Other Valuable Finds In Iceland, Denmark And Norway, William I. Miller, Helle Vogt
Finding, Sharing And Risk Of Loss: Of Whales, Bees And Other Valuable Finds In Iceland, Denmark And Norway, William I. Miller, Helle Vogt
Articles
The focus of the paper is twofold: the first part is about how property rights were assigned and ranked in finds, both in those items such as bees, rings and other valuables which were previously owned, and also in those things, like whales, which were unowned. We focus on Icelandic, Danish and Norwegian laws from the twelfth and thirteenth centuries, yet most of the provisions were copied into later laws and were in force up until modern times, some even current now. The second part treats the question of how risks of loss were handled, and how simple forms of …
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Catholic University Law Review
No abstract provided.
Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff
Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff
Michigan Journal of International Law
This Essay assesses challenges that arise when marine territorial boundaries do not encompass the appropriate assemblage of resources and relationships necessary for effective authority and management. It reviews the manner in which certain offshore resource uses have been "quasi-territorialized" by the application of other forms of jurisdiction. It also highlights regime-jurisdiction-private interest-oriented responses to territory-oriented challenges in the form of assemblages of authority, interests, space, and time. Given the scalar progression of the links in the discussion, the assessment moves from international principles to exercises of national sovereignty to domestic administration of space and resources to private legal interests.
The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans, Rachelle Adam
The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans, Rachelle Adam
Animal Law Review
This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over two thousand five hundred small cetaceans—dolphins, porpoises and small whales—will be killed as a result, out of a total of over twenty thousand killed annually in Japan by direct catch. It is argued that since we have literally pushed them to the brink of extinction, we have an ethical duty towards dolphins, to stop the cruelty perpetrated against them by man and to ensure the survival of their species. And our ethical duty towards them should …
The Navy And Low Frequency Active Sonar: Stripping The Endangered Species Act Of Its Authority, Nate Cihlar
The Navy And Low Frequency Active Sonar: Stripping The Endangered Species Act Of Its Authority, Nate Cihlar
William & Mary Environmental Law and Policy Review
No abstract provided.
The Challenges Of Integrating Tourism Into Canadian And Australian Coastal Zone Management, Alison Gill, Lorne K. Kriwoken, Suzanne Dobson, Liza D. Fallon
The Challenges Of Integrating Tourism Into Canadian And Australian Coastal Zone Management, Alison Gill, Lorne K. Kriwoken, Suzanne Dobson, Liza D. Fallon
Dalhousie Law Journal
This article discusses the challenges of integrating tourism into Canadian and Australian coastal zone management. Comparisons are drawn between coastal and marine tounsm resources in Australia and Canada. The resources considered include the cruise ship industry, recreational boating, fishing, sea kayaking, SCUBA diving and marine wildlife tourism. In the introduction, some of the problems of definition and data are addressed. Tourism is described as an industry, but unlike many traditional industries, the tourism arena consists of a myriad of players and sectors. After the comparison of tourism resources in both countries, the power and politics associated with managing user conflicts …
The International Whaling Commission & The North Atlantic Marine Mammal Commission: The Institutional Risks Of Coercion For Consensual Structures, David D. Caron
David D. Caron
No abstract provided.
The Genocide Of Whales:A Crime Against Humanity, Luis Kutner
The Genocide Of Whales:A Crime Against Humanity, Luis Kutner
University of Miami Inter-American Law Review
No abstract provided.