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Articles 1 - 14 of 14
Full-Text Articles in Law of the Sea
The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers
The Sea Of The Universe: How Maritime Law's Limitation On Liability Gets It Right, And Why Space Law Should Follow By Example, Rachel Rogers
Indiana Journal of Global Legal Studies
"Space law," much like outer space itself, still remains largely unnavigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space-liability stemming from spacecraft collision and the resulting damage that occurs between the …
The Dragon-Kings’ Restraint: Proposing A Compromise For The Eez Surveillance Conundrum, Asaf Lubin
The Dragon-Kings’ Restraint: Proposing A Compromise For The Eez Surveillance Conundrum, Asaf Lubin
Articles by Maurer Faculty
The United States and China are at it again, as naval and aerial interceptions in and around the South China Sea become a matter of disturbing routine. At the heart of the dispute stands the lingering question of whether customary international law as reflected in the United Nations Convention on the Law of the Sea (“UNCLOS”) authorizes third States to engage in surveillance and military maneuvers in coastal States’ Exclusive Economic Zones (“EEZ”) without their consent. The answer lies in interpreting Article 58(1) of UNCLOS. This paper aims to respond to the calls put forward by States, scholars, and research …
Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman
Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman
Indiana Journal of Global Legal Studies
Hundreds of thousands of men and boys are trafficked and enslaved on long-haul fishing boats in the waters off the coast of Thailand. These captives endure physical and mental abuse, inhumane working conditions, meager sustenance, and little sleep as they are forced to catch fish used in products such as cat food. This Note will focus on whether a proposed Act-the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (BSCT)-would impact the issue of forced labor linked to the seafood industry in Thailand, and particularly the portion of the industry that supplies fish used in American brand …
Taking To The Sea: The Modern Seasteading Movement In The Context Of Other Historical Intentional Communities, Megan Binder
Taking To The Sea: The Modern Seasteading Movement In The Context Of Other Historical Intentional Communities, Megan Binder
Indiana Journal of Global Legal Studies
Though its mission may seem to belong to the realm of science fiction-establishing self-sufficient, floating cities on the high seas-the modern seasteading movement is simply the next iteration of mankind's long quest to establish more perfect societies. If they wish to accomplish their goals, seasteaders must be prepared to confront and overcome serious obstacles on technological, social, and legal fronts. Reviewing other historical examples of intentional communities offers a glimpse of the potential challenges that are common across all such movements and suggests that, to ensure long-term success, seasteaders may benefit longterm from pursuing international recognition of sovereignty for their …
Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?, Sarah E. Bauer
Indiana Law Journal
Part I of this Note will address the reasons why intergovernmental organizations have failed to adequately regulate the commercial fishing of Bluefin tuna. Part II offers an analysis of the Bluefin markets in the United States and Japan and argues that these countries are ideal candidates for successful Bluefin regulation because of their market structures. Part III explores the likelihood that the two countries would implement such regulations, taking into account the respective governments’ histories of species-specific regulation.
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman
Indiana Law Journal
In response to a National Oceanic and Atmospheric Administration (NOAA) survey that showed “record-low levels of abundance” of groundfish in the Gulf of Maine (“Gulf”), local fisherman Brian Pearce asserted: “It concerns [me] that what [NOAA is] saying and what we [the local fishermen] are seeing is such a contrast . . . . Who sees more fish in the ocean than the fishermen?” Despite Mr. Pearce’s skepticism, the state of the cod fishery in the Gulf of Maine—home to “critical” and “legendary" fishing grounds in Canadian and American territories—is, in fact, dire. According to the NOAA survey, conducted in …
Vol. 42, No. 04 (February 6, 2012)
It's A Pirate's Life For Some: The Development Of An Illegal Industry In Response To An Unjust Global Power Dynamic, Elliot A. Anderson
It's A Pirate's Life For Some: The Development Of An Illegal Industry In Response To An Unjust Global Power Dynamic, Elliot A. Anderson
Indiana Journal of Global Legal Studies
This Note discusses the domestic and international economic effects of the recent surge of piracy off the coast of Somalia, and uses Somali piracy as a method of exploring conflicting ideological conditions that arise from globalization. In exploring the underlying motivations for this trend, it identifies a dichotomy between primary needs satisfaction within underdeveloped nations and the satisfaction of secondary interests in developed nations, and explains how globalization may be exacerbating the turn toward piracy. This Note first discusses the recent rise in piracy and then explores how the contemporary history of Somalia has engendered the upsurge. Next, it considers …
The International Tribunal For The Law Of The Sea: A Great Mistake? (The Earl Snyder Lecture In International Law), Jillaine Seymour
The International Tribunal For The Law Of The Sea: A Great Mistake? (The Earl Snyder Lecture In International Law), Jillaine Seymour
Indiana Journal of Global Legal Studies
This article discusses the International Tribunal for the Law of the Sea and questions its role and value. The U.N. Convention on the Law of the Sea seems to contemplate fairly extensive jurisdiction for the Tribunal, but since its inception, the Tribunal has heard a very limited number and scope of cases, in part because disputants have other options for adjudication. This article provides a detailed discussion of the jurisdiction of the Tribunal. The Tribunal has compulsory jurisdiction in "prompt release" cases and in claims for provisional measures where the arbitral tribunal before which the claim will ultimately be brought …
Vol. 26, No. 12 (April 12, 2004)
Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight
Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight
Indiana Law Journal
No abstract provided.
From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell
From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell
IUSTITIA
In the future, as in the past, one function of international law will be to formalize and clarify procedures to deal with emergent problems. The international environmental developments noted in this paper, e.g. global monitoring, supervision of the seabed, protection of endangered species, resource allocation, and many others, will require institutional arrangements differing from those with which nations have had experience. Innovation in legal principles and procedures is an almost certain consequence of such developments. Innovations in principle have been among the more obvious outputs of the international environmental conferences and programs since 1968. As these principles are translated, often …
Tugs, Stevedores, And The Warranty Of Workmanlike Performance, David G. Davies
Tugs, Stevedores, And The Warranty Of Workmanlike Performance, David G. Davies
Indiana Law Journal
No abstract provided.
Cargo Preference And Flag Discrimination In International Shipping -- Actions And Reactions, F. Thomas Schornhorst, James R. Patton Jr.
Cargo Preference And Flag Discrimination In International Shipping -- Actions And Reactions, F. Thomas Schornhorst, James R. Patton Jr.
Articles by Maurer Faculty
No abstract provided.