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- And security; Alliance; Mediation; International Arbitration; Adjudication; ICJ; Collective defense; Unity; Cooperation; Militarization; UNCLOS; United Nations; (1)
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Articles 1 - 10 of 10
Full-Text Articles in Law of the Sea
"Reeling In" The Governance Problem: How To Achieve Sustainable Fisheries On An International Scale, Louis Morais-Andrade
"Reeling In" The Governance Problem: How To Achieve Sustainable Fisheries On An International Scale, Louis Morais-Andrade
Brooklyn Journal of International Law
In 2025, it was estimated that over 35% of international fish stocks were overfished, risking severe depletion of high seas fisheries. In general, countries have control over fisheries within 200 nautical miles of their coastal border. Many countries have established fishery conservation laws to help prevent overfishing. Some examples of the largest domestic fishing laws are the Magnuson-Stevens Fishery Conservation and Management Act and the European Union’s Common Fishery Policy (MSA), which functions as an international policy that governs all of the United States’ fisheries and the European Union’s Common Fisheries Policy (CFP). Concurrently, the United Nations has also opened …
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Brooklyn Journal of International Law
NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …
Maritime Collision Regulations As A Structure For Space Travel, Swathi Paruchuru
Maritime Collision Regulations As A Structure For Space Travel, Swathi Paruchuru
Brooklyn Journal of International Law
The exploration of space via manned and unmanned missions has been almost constant since the mid-20th century. With developing technology and the advent of private actors in space travel, the emerging problem of space traffic requires some form of guidelines in order to prevent collisions and continue the peaceful use of space. Space Traffic Management is an emerging field with new theories still being posited. This Note examines the ways in which maritime Collision Regulations (COLREGs) can be used as a guideline to create infrastructure for the control of traffic in space, regarding both satellites and general space debris. This …
Regulating The Autonomous Ocean, Annie Brett
Regulating The Autonomous Ocean, Annie Brett
Brooklyn Law Review
The rapid rise in aerial drone use and the future deployment of self-driving cars have both spurred extensive legal and social debate. Autonomous vessels on the ocean, on the other hand, have largely escaped detailed scrutiny, even as they are reshaping the landscape of human interactions with the ocean and creating novel challenges for national and international legal regimes. Autonomous vessels are being captured while spying on other countries, raising concerns about national security and surveillance regimes. The Coast Guard is using enforcement loopholes to justify abandoning many of their autonomous vessels at sea, in flagrant violation of national and …
Apocalypse Ahoy: How The Cruise Industry Boom Is Harming The World’S Oceans And Problems With Enforcing Environmental Regulations, Nicholas J. Sarnelli
Apocalypse Ahoy: How The Cruise Industry Boom Is Harming The World’S Oceans And Problems With Enforcing Environmental Regulations, Nicholas J. Sarnelli
Brooklyn Law Review
The global cruise line industry enjoyed an incredible surge in popularity before the coronavirus pandemic. While the industry nearly sank in the wake of the pandemic, cruise lines are poised to continue to enjoy record-breaking profits while continuing to build larger and more opulent ships. This boom exacts a heavy toll on the environment, as cruise ships burn dirty fuel and dump dirty water into the world’s oceans. The current international legal framework for regulating the world’s shipping industry allows companies to effectively select which nation’s environmental laws to submit to, with ships flying under so-called “flags of convenience”. While …
Gulf Of Guinea And Maritime (In)Security: Musings On Some Implications Of Applicable Legal Instruments, Edwin E. Egede
Gulf Of Guinea And Maritime (In)Security: Musings On Some Implications Of Applicable Legal Instruments, Edwin E. Egede
Brooklyn Journal of International Law
The Gulf of Guinea (GoG) is an enormous and diverse region consisting of approximately 6,000 km of coastline extending from Senegal to Angola. It is a maritime area of strategic importance because it is resource-rich with hydrocarbons, fish and other resources. Also, it is important as a vital maritime transit hub. Unlike certain other shipping lanes that have been identified as chokepoints, the GoG, because of its width, is not susceptible to blockades and major shipping accidents. Previously the maritime (in)security in the GoG had not received the same high-profile attention from the international community as the situation in the …
An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li
An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li
Brooklyn Journal of International Law
The concept of the Common Heritage of Mankind (CHM) remains uncertain and controversial. This article starts with an analysis of the legal status of the CHM to identify the legal subjects who can exercise rights to the CHM and what types of rights they have. It is argued that an exclusive property model is the one successfully implemented in the law of sea regime., i.e., the CHM is defined as an exclusive property of mankind. Mankind, as a separate entity, can have ownership over the CHM, while other entities can only exercise usufruct to the CHM. This article moves further …
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Brooklyn Journal of Corporate, Financial & Commercial Law
Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the Ninth …
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe
Brooklyn Journal of International Law
As Arctic ice coverage recedes in the face of rising global temperatures, the Arctic Ocean is rapidly becoming a promising frontier over which coastal nations vie. Even as indigenous peoples reckon with ecological catastrophe, the promise of ice-free summers is drawing global shipping giants to invest in sea routes over the northern coasts of Canada and Russia. Hydrocarbon extraction and deep-sea mining interests are clamoring to develop newly accessible regions of the high north, and fishing trawlers are chasing increasingly elusive fisheries further north with the warming Arctic waters. Against this backdrop, tourists on diesel-hungry cruise ships are rushing to …
Save Our Ships: How U.S. National Security Interests Affect The Human Rights Of Stranded Seafarers As A Result Of Shipping Bankruptcies, Michelle S. Lee
Save Our Ships: How U.S. National Security Interests Affect The Human Rights Of Stranded Seafarers As A Result Of Shipping Bankruptcies, Michelle S. Lee
Brooklyn Journal of International Law
Hanjin Shipping Company declared bankruptcy in September 2016. The South Korean shipping giant, owner of dozens of massive shipping vessels, was suddenly engulfed in multiple bankruptcy proceedings all over the world. When a major company such as Hanjin falls, the attention is focused mainly on the money, statistics, and the corporate heads. There is rarely a spotlight on how such a collapse affects the workers. With Hanjin at the forefront of the new wave of shipping bankruptcies, it will be increasingly important to understand the realities of the financial disasters on the lives of the company’s employees. This Note will …