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Articles 1 - 11 of 11
Full-Text Articles in Law of the Sea
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Pace International Law Review
The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …
Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput
Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput
Pace International Law Review
The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive …
Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica
Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica
Pace International Law Review
This article addresses the complex issue of plastic pollution—focusing on ocean plastics. Specifically, this article examines the ocean plastics problem, critiques current binding and non-binding international environmental law surrounding ocean plastics, hazardous wastes, and pollution, and proposes a more effective solution to the ocean plastics problem. Section I provides a basic history of the creation of plastics and discusses plastics as they are used today. Section II considers the concerns surrounding ocean plastics, focusing on impacts of plastic on marine ecosystems as well as human health effects. Section III, IV, and V discuss the ongoing attempts to address the ocean …
Naquin V. Elevating Boats, Llc: The Fifth Circuit’S Improper Expansion Of Jones Act “Seaman Status” Qualification, Timothy M. O'Hara
Naquin V. Elevating Boats, Llc: The Fifth Circuit’S Improper Expansion Of Jones Act “Seaman Status” Qualification, Timothy M. O'Hara
Pace Law Review
The story began nearly a century ago, when Congress enacted the Jones Act and effectively made “seamen the most generously treated personal injury victims in American law.” But defining a Jones Act seaman has not come easy, as it took the United States Supreme Court seventy five years to arrive at the modern seaman status test. This commentary examines the “tortured history” of the Jones Act, how qualification for the statute’s protections has evolved, the modern seaman status test, and the implications of the Fifth Circuit’s recent application thereof. Section II gives a brief history and explanation of maritime law …
An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green
An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green
Pace International Law Review
The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators …
A Dire Need For Legislative Reform, Patrick Dowdle
A Dire Need For Legislative Reform, Patrick Dowdle
Pace International Law Review
In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result …
Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao
Pace International Law Review
This paper seeks to analyze how the World Trade Organization (WTO) may cooperate with the United Nations (UN) to unify sea-borne cargo regimes. Beginning with the current dilemma of uni-form maritime transport regime, the paper explores the relation-ship between the UN and the WTO. In light of the successful precedent of the incorporation of the UN intellectual property re-gime into the WTO, this paper probes into the feasibility that the UN and the WTO may interactively unify a maritime transport regime by reference to selected previous treaties, which include UN-administrated treaties. This paper argues the WTO-based sea transport negotiations do …
When Good Courts Go Wrong: A Critique Of The Supreme Court's Domestic Maritime Boundary Jurisprudence, Gayl S. Westerman
When Good Courts Go Wrong: A Critique Of The Supreme Court's Domestic Maritime Boundary Jurisprudence, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications
In addressing the concerns presented in the introduction, Part II of this article will argue that the Supreme Court and its Special Masters have misapplied the rules embodied in the 1958 Convention and UNCLOS in regard to the establishment of juridical bays, in every domestic maritime boundary case since 1965. Part III will criticize the approach taken by the Special Master and thereafter by the Court in the Alaska case, and will suggest the correct methodology to be applied in cases with complex coastlines, such as the Alexander Archipelago. Part IV will briefly suggest that U.S. policy on the use …
The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman
The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Straight Baselines In International Law: A Call For Reconsideration, Gayl S. Westerman
Straight Baselines In International Law: A Call For Reconsideration, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman
The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications
The special problem of identifying the juridical nature of coastal indentations is but one aspect of a more fundamental problem: the need to accommodate the legitimate exclusive interests of coastal states in maximizing wealth, power, and national security with the inclusive interests of the community of states in maximizing freedom of the seas. Throughout historical cycles of mares liberum and clausum, this fundamental accommodation has remained the central focus of the international law of the sea. Even today, after thoroughgoing codification efforts in 1958 and 1982: the legal regime of the oceans remains in transition.