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Articles 1 - 30 of 33
Full-Text Articles in Law of the Sea
United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor
United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor
Ocean and Coastal Law Journal
In United States v. Alfonso, three appellants challenged the constitutionality of the assertion of subject matter jurisdiction by the United States over a vessel involved in illicit drug smuggling activity within the Exclusive Economic Zone (EEZ) of the Dominican Republic. On appeal the United States Court of Appeals for the Eleventh Circuit rejected this challenge. The decision made by the Eleventh Circuit Court of Appeals followed the approach taken explicitly by the Fourth Circuit and indirectly by the First and Second Circuits. This decision affirmed the expansive reach of United States territorial jurisdiction and is likely to encourage other cCircuits …
High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim
High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim
Ocean and Coastal Law Journal
In Spring, Texas, there is a house that has flooded twenty times due to heavy rain and flooding, resulting in National Flood Insurance Program (NFIP) payouts totaling over $912,000 to cover the repairs. This house’s current value is $42,000, so the payouts have dwarfed its value by over nineteen times. The story of this home is indicative of an ongoing crisis regarding the NFIP, but also a larger crisis of how we manage the risks of flooding in the United States. Flooding causes more damage in the United States than any other severe weather-related event, costing an average of $5 …
Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer
Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer
Ocean and Coastal Law Journal
Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are …
Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng
Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng
Ocean and Coastal Law Journal
Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article …
A Response To China'a "Legal Assessment Of U.S. Views On "Freedom Of Navigation", Raul Pete Pedrozo
A Response To China'a "Legal Assessment Of U.S. Views On "Freedom Of Navigation", Raul Pete Pedrozo
Ocean and Coastal Law Journal
In August 2025, the China Institute for Marine Affairs (CIMA) conducted a legal assessment of U.S. views on freedom of navigation. CIMA concluded that U.S. views on freedom of navigation lack “a basis in international law,” “seriously distort[] the interpretation and development of international law,” and embody “distinct illegality, unreasonableness, and double standards.” Part 1 of the assessment provides an overview of U.S. views on freedom of navigation. Part 2 “analyzes the gaps between U.S. perceptions of navigational rights and related practices and the rules of international law.” Part 3 “analyzes the legality of U.S. restrictions on the rights of …
Maritime Personal Injury In The New England Fishery, Ralph J. Gillis
Maritime Personal Injury In The New England Fishery, Ralph J. Gillis
Maine Law Review
Commercial fishing, as carried on by the "down east" fisherman, is an industry fast succumbing to the economic inequities of vessel operation. Over the past two decades, the prices for fish boats have not increased as rapidly as the operating costs involved in fitting and maintaining the fishing vessel. Today, this situation has been compounded by the economic inability of the individual trawler owner to obtain protection and indemnity insurance to compensate crew members for injuries received during the course of maritime employment. The present consequence of these developments is that, although judicial and legislative regulatory guidelines have been set …
The Admiralty Clause And State Workmen's Compensation For Fishermen, Maine Law Review
The Admiralty Clause And State Workmen's Compensation For Fishermen, Maine Law Review
Maine Law Review
The current methods of compensating fishermen injured or killed at sea are products of federal law. Without exception, a fisherman or his representative must turn to federal law for compensation. Unlike certain maritime workers covered by a federal workmen's compensation scheme, the fisherman's remedies are exclusively judicial, burdened by the expenses and delays inherent in litigation. Although this method of determining rights and liabilities may be a satisfactory means of obtaining compensation for other types of seamen, it has come under increasing attack within the fishing industry. This Comment evaluates both the constitutionality and the practicability of state coverage of …
Boundary Delimitation In The Economic Zone: The Gulf Of Maine Dispute, Maine Law Review
Boundary Delimitation In The Economic Zone: The Gulf Of Maine Dispute, Maine Law Review
Maine Law Review
In an ideal world of abundant natural resources, homogeneously distributed among nations, the issue of marine boundary delimitation would have little significance within the international community. However, the realities of randomly concentrated and limited resources, complicated by the political geography of the oceans, have made maritime boundary delimitation a crucial international issue. In a world of more than 130 coastal nations, the determination of standards for allocation of living and non-living ocean resources within the fertile offshore areas has become an issue of widespread economic importance. Nonetheless, the international community has developed few concrete and specific rules for marine boundary …
The Fishery Conservation And Management Act Of 1976: State Regulation Of Fishing Beyond The Territorial Sea, Maine Law Review
The Fishery Conservation And Management Act Of 1976: State Regulation Of Fishing Beyond The Territorial Sea, Maine Law Review
Maine Law Review
Historically, international law has recognized the sovereignty of coastal nations within the three-mile contiguous territorial sea. Although modem international practice has expanded the breadth of the territorial sea to twelve miles or more, the traditional three-mile zone retains a special significance within the scheme of domestic United States marine law. Under the federal scheme of marine resource jurisdiction, authority within the three-mile zone has been allocated to the coastal states while the federal government has exercised near-exclusive jurisdiction over marine zones seaward of the territorial sea boundary. However, this bifurcated jurisdiction scheme has failed to provide effective conservation and management …
The International Law Of Maritime Boundary Delimitation, Edward Collins Jr., Martin A. Rogoff
The International Law Of Maritime Boundary Delimitation, Edward Collins Jr., Martin A. Rogoff
Maine Law Review
The law of the sea, in its essence, divides the seas into zones and specifies the rights and duties of states and ships flying their flags in those zones. Now that states are claiming extensive seaward jurisdiction both on the continental shelf and in the water column, attention has begun to shift from delimiting continental shelf boundaries or economic zone boundaries to the delimitation of a single maritime boundary which would serve both purposes. There are significant legal differences between the delimitation of a single maritime boundary and the delimitation of either a continental shelf boundary or an exclusive economic …
Maine’S Arctic Future: Balancing Economic Opportunity, Geopolitical Risk, And Legal Responsibility, Emily Elmore
Maine’S Arctic Future: Balancing Economic Opportunity, Geopolitical Risk, And Legal Responsibility, Emily Elmore
Ocean and Coastal Law Journal
This Paper explores the dynamic intersection of climate change, geopolitical strategy, and economic development in the rapidly changing Arctic landscape, focusing on existing legal paradigms and Maine’s unique position as a pivotal player in this context. Maine, with its historic ties to the Arctic, scientific partnerships, and strategic location as the northernmost port on the United States East Coast, is well-placed to capitalize on emerging economic opportunities. However, these opportunities are accompanied by substantial risks, including climate change impacts, operational challenges in the harsh Arctic environment, and geopolitical tensions among rival states vying for influence in the region. This Paper …
Gaps In Accountability For Submarine Cable Protection: Inadequacies In The Current Legal Framework, Martin Kwan
Gaps In Accountability For Submarine Cable Protection: Inadequacies In The Current Legal Framework, Martin Kwan
Ocean and Coastal Law Journal
Submarine cable protection has become a hotly discussed topic as the risk of damage has dramatically increased amidst wars and geopolitical tensions. This Article critically analyzes six gaps in accountability for cable protection. First, there is no civil accountability for non-territorial damage. The United Nations Convention on the Law of the Sea (UNCLOS) allows no residual jurisdiction, and the English case of Virgin Media Ltd. v. Joseph Whelan reasoned that the absence of exclusive jurisdiction to lay cables in those waters means no civil jurisdiction by the coastal state. But this Article argues that it is an exclusive right, taking …
Detention Of Foreign Seafarers And Vessels: Pollution Prevention Or Piracy?, Edward Maccoll, Marshall Tinkle
Detention Of Foreign Seafarers And Vessels: Pollution Prevention Or Piracy?, Edward Maccoll, Marshall Tinkle
Ocean and Coastal Law Journal
The purpose of this Article is to interrogate the legal basis for holding foreign crewmembers against their will in connection with APPS prosecutions. Part I examines the underlying justification for prosecuting foreign vessel owners for foreign conduct under APPS. It first discusses the international anti-pollution regimen from which APPS emerged. Next, the Article explores the handful of cases in which APPS prosecutions have been challenged and for the most part sustained, and then offers a critique of the rationale for such prosecutions. Part II explores the lawfulness of the techniques to detain foreign crewmembers and press those crewmembers into the …
The Constitution At Sea, Louis Henkin
The Constitution At Sea, Louis Henkin
Maine Law Review
Time was when it was assumed that the United States Constitution, like a deity of old, ruled only in its territory and did not apply outside the United States. Since 1957 we know that the Constitution applies wherever the United States exercises authority. If, as the Supreme Court then held, the Constitution governs the acts of the United States in the territory of a foreign state, where the Constitution might be deemed a foreign "intruder" on local sovereignty, it would seem to apply also — indeed a fortiori — to acts of the United States on the high seas, where …
The Gulf Of Maine Case And The Future Of Ocean Boundary Delimitation, Edward Collins Jr., Martin R. Rogoff
The Gulf Of Maine Case And The Future Of Ocean Boundary Delimitation, Edward Collins Jr., Martin R. Rogoff
Maine Law Review
On October 12, 1984, a Chamber of the International Court of Justice handed down its decision in the Case Concerning the Delimitation of the Maritime Boundary in the Gulf of Maine Area (Can. v. U.S.). By a vote of four to one, the Chamber described in geodetic lines the course of the single maritime boundary that divides the continental shelf and exclusive fishery zones of Canada and the United States in that area. The Chamber's decision ended more than a decade of conflict between the two countries concerning jurisdiction over continental shelf and fishery resources in the Georges Bank area. …
Implied Warranties Of Seaworthiness: Applying The Knowing Neglect Standard In Time Hull Insurance Policies, Derek P. Langhauser
Implied Warranties Of Seaworthiness: Applying The Knowing Neglect Standard In Time Hull Insurance Policies, Derek P. Langhauser
Maine Law Review
Time hull marine insurance policies provide insurance for a definite period against damage to or loss of a vessel. Even in cases in which a ship owner expressly warrants to an insurer that a vessel will be seaworthy when the policy takes effect, and unless the insurer waives all warranties, American admiralty law implies a warranty of seaworthiness as a condition of the contract. This implied warranty increases the insurer's chance of recovering his premium by mitigating his risk that the vessel will be damaged or lost. Although American admiralty law strives to remain harmonious with English admiralty law, American …
The Loss & Damage Fund: Will It Leave Greenland Behind?, Natalie L. Nowatzke
The Loss & Damage Fund: Will It Leave Greenland Behind?, Natalie L. Nowatzke
Ocean and Coastal Law Journal
The United Nations Framework Convention on Climate Change (UNFCCC) maintains three pillars of international climate governance: (1) mitigation, (2) adaptation, and (3) loss and damage. Loss and damage, the newest pillar, refers to the negative effects of climate change that transpire despite mitigation and adaptation measures. This notion has manifested into the newly operationalized Loss and Damage Fund, which is designed to compensate developing nations for the losses and damages that occur. This Comment identifies a gap in the Loss and Damage Fund, which will leave Greenland left out of receiving compensation, despite being extremely vulnerable to climate change, because …
A Greater Purpose For Icebergs: Iceberg Trade To Combat The Effects Of Climate Change, Lee A. Foden
A Greater Purpose For Icebergs: Iceberg Trade To Combat The Effects Of Climate Change, Lee A. Foden
Ocean and Coastal Law Journal
Three-fourths of the planet’s freshwater is stored in glaciers, and as the glaciers melt, humans are forfeiting their greatest freshwater resource. Climbing global temperatures, attributable to greenhouse gas emissions and climate change, accelerate glacial melt while intensifying drought and water scarcity. This Comment identifies a way to relocate our greatest freshwater resource before it melts into the salty sea. Further, this Comment discusses how an iceberg trade could ensure the right to water by creating access to freshwater for all. Finally, this Comment introduces the iceberg trade as an equitable remedy to be employed by the Paris Agreement in the …
Sea Ice And The Law Of The Sea: The Myth Of Article 234, Amanda H. Lynch, Charles H. Norchi
Sea Ice And The Law Of The Sea: The Myth Of Article 234, Amanda H. Lynch, Charles H. Norchi
Ocean and Coastal Law Journal
The sea ice of Article 234 of UNCLOS represents not the physical ice of the Arctic Ocean but a negotiated myth of ice as it affects the Arctic littoral states. The stability of this prescription is threatened by anthropogenic climate change causing a preferential evacuation of ice from the eastern Arctic compared to the western Arctic, as well as expectations for a possible future ice-free Arctic. This is leading to an intensification of claims on marine space. The irreducible uncertainties of the future trajectory of Arctic change demands a dynamic response. The myth of Article 234 will ultimately align with …
Projections For Arctic Marine Accessibility: Risk Under Climate Change, Xueke Li, Amanda H. Lynch
Projections For Arctic Marine Accessibility: Risk Under Climate Change, Xueke Li, Amanda H. Lynch
Ocean and Coastal Law Journal
Few transformations in Earth systems are as dramatic as those currently occurring in the Arctic. We reveal the emergence of a new route regime in response to the evolving context of climate change and human pressures. This paradigm shift presents both opportunities for Arctic exploration and maritime trade, as well as risks for marine ecosystems and coastal communities. It underscores the need for concerted efforts to recalibrate the associated legal framework.
Under The Shadow Of Absolute Sovereignty: Exploring Conditional Sovereignty In The Case Of Svalbard Geopolitics, Eda Ayaydin
Under The Shadow Of Absolute Sovereignty: Exploring Conditional Sovereignty In The Case Of Svalbard Geopolitics, Eda Ayaydin
Ocean and Coastal Law Journal
This Article analyzes different sovereignty approaches in the context of Svalbard. Since the signing of the Svalbard Treaty, establishing Norway’s absolute sovereignty over the archipelago, the geopolitics of the region have evolved, particularly given Svalbard’s geographical position in the European Arctic. This Article concludes that Svalbard's sovereignty deviates from the classical concept of absolute sovereignty, instead operating under the framework of conditional sovereignty.
Strategic Minerals And The U.S. Arctic Continental Shelf, James Kraska
Strategic Minerals And The U.S. Arctic Continental Shelf, James Kraska
Ocean and Coastal Law Journal
The United States may seek to reduce its dependency on China for strategic minerals and rare earth elements by exploiting deposits on its continental shelf in the Arctic region. On December 19, 2023, the United States announced the outer limits of it extended continental shelf. Like other countries, the United States exercises sovereign rights and jurisdiction over the living and non-living resources of the continental shelf, which is comprised of the sea bed and subsoil of the continental margin. The U.S. continental shelf extends beyond 200 nautical miles in seven locations, including the Bering Sea and Arctic Ocean. Although the …
Greenland's Foreign Policy, Past And Present: From The Merchants' Message To Bilateral Agreements, Kenneth Høegh
Greenland's Foreign Policy, Past And Present: From The Merchants' Message To Bilateral Agreements, Kenneth Høegh
Ocean and Coastal Law Journal
No abstract provided.
Russia's Arctic Maritime Claims, Raul Pete Pedrozo
Russia's Arctic Maritime Claims, Raul Pete Pedrozo
Ocean and Coastal Law Journal
As an Arctic State, Russia has extensive maritime claims in the Arctic Ocean. This Article analyzes those claims to determine their consistency with international law. A brief overview of the applicable legal regime in the Arctic is provided, in particular, a discussion of Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS), applicability of the mandatory Polar Code adopted by the International Maritime Organization in 2017, and the various legally binding agreements adopted by the Arctic Council. The Article will also review Russia’s maritime boundary agreements with the United States (1990), which is being provisionally …
The Public Order Of The Arctic: Problems And Prospects, Charles H. Norchi
The Public Order Of The Arctic: Problems And Prospects, Charles H. Norchi
Ocean and Coastal Law Journal
No abstract provided.
Windward Woes: The Misalignment Of Economic Incentives And Renewable Energy Development Goals, Matthew S. Edwards
Windward Woes: The Misalignment Of Economic Incentives And Renewable Energy Development Goals, Matthew S. Edwards
Ocean and Coastal Law Journal
Energy tax credits have always been a significant driver of renewable energy development, but the recent Inflation Reduction Act in response to new national development goals represents the most significant change in several decades. The Inflation Reduction Act is certainly a step in the right direction, but there are numerous factors that limit the impact on future developments that should be remedied to allow for the nation’s best chance to reach 2030 renewable energy goals.
Governance Of Ocean-Based Carbon Dioxide Removal Research Under The United Nations Conventions On The Law Of The Sea, Wil Burns
Maine Law Review
There has been a spate of research in recent years indicating that achievement of the temperature objectives of the Paris Agreement can only be effectuated through both aggressive decarbonization of the global economy and large-scale deployment of so-called carbon dioxide removal (CDR) approaches. While much of the early focus of CDR research was on terrestrial options, such as afforestation, direct air capture, and bioenergy with carbon capture and storage, more recently, many in the scientific and policy community have increasingly focused on potential ocean-based approaches, including ocean fertilization, ocean alkalinity enhancement, macroalgae harvesting, and ocean upwelling and downwelling. However, while …
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Ocean and Coastal Law Journal
People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize …
Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi
Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi
Ocean and Coastal Law Journal
When the Court of Appeals for the District of Columbia decided the case of United States v. Mosquera-Murillo, it created a circuit-split on whether individuals charged under the Maritime Drug Law Enforcement Act (codified as 46 U.S.C. § 705) are entitled to relief under the "Safety Valve" provision of 18 U.S.C. § 3553(f). The "Safety Valve" allows individuals who meet certain criteria to be sentenced according to the sentencing guidelines, regardless of any mandatory minimum sentences. This case note compares the holding of the Court of Appeals for the District of Columbia to the Eleventh Circuit's holding in United States …
Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan
Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan
Ocean and Coastal Law Journal
In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest …