Law of the Sea Commons^™

Monitoring Sanctions Compliance At Sea, Richard L. Kilpatrick Jr.

Northwestern Journal of International Law & Business

No abstract provided.

Due Process Abroad, Nathan S. Chapman

Northwestern University Law Review

Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. In February, the Supreme Court heard oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican teenager across the border. At the same time, federal courts across the country scrambled to evaluate the constitutionality of an Executive Order that, among other things, deprived immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause—the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, or property”—remains obscure.

Up to now, scholars …

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …

"A Guantanamo On The Sea": The Difficulties Of Prosecuting Pirates And Terrorists, Eugene Kontorovich

Faculty Working Papers

As a surge in pirate attacks in the seas around the Horn of Africa threatens to seriously damage international trade, the nations of the world have refused to enforce international law against these criminals. The dozens of nations patrolling the Gulf of Aden have ample legal authority to detain and prosecute pirates. Yet the United States and other navies have, as a matter of policy, been releasing apprehended pirates because of the difficulty of detaining or successfully prosecuting them. These fears are not unwarranted. As this Essay shows, while on the one hand international law requires all nations to fight …

Future Of Fishery Management And Its Impact On The Seafood Industry: A Comparison Of United States And Canadian Fishery Management Policies After Unclos Iii, Ferdinand J. Iii Gallo

Northwestern Journal of International Law & Business

The United States and Canadian fishery management regimes each professes to fulfill the goals of conservation enumerated under the United Nations Convention on the Law of the Sea of 1982 (UNCLOS III). These goals include conservation of scarce fish stocks and "optimum utilization" of those limited resources. The Canadian regime of centralized authority, informality and flexibility, however, actually comes closest to fulfilling these goals. While the United States may adopt some of the key elements of the Canadian regime, several barriers exist to such reforms.Another method for reconciling the differences between U.S. and Canadian policies would include the implementation of …

United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge

Northwestern Journal of International Law & Business

Fierce policy disputes are inevitable whenever two basic, widely-accepted principles intersect in a situation where one must prevail and the other give way. In the maritime field, these disputes occur whenever a nation-state is forced to choose between promoting free and open trade in maritime services or protecting its domestic merchant marine. The clash of these policies has generated vigorous debates in the United States on a wide variety of maritime issues (e.g., cargo preference requirements, operating and construction differential subsidies, vessel construction loan guarantee programs and whether to retaliate against foreign countries' attempts to reserve import and export trades …

The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch

Northwestern Journal of International Law & Business

The eighth session of the United Nations Law of the Sea Conference convened recently in Geneva, Switzerland. A major unresolved issue at the Conference was the question of international regulation of deep seabed mining. In this article, Representative McCloskey and Attorney Losch discuss U.S. interests in achieving a comprehensive Law of the Sea Treaty, the sometimes conflicting objectives of other nations, and the effect that unilateral action by the U.S. Congress to legislate deep seabed mining could have on the successful completion of a treaty.