Law of the Sea Commons^™

Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors.

This Article disaggregates slavery from the slave trade and slavery …

Lessons From The South China Sea Ruling: Med-Arb As The Recommended Dispute Resolution Method For Asia's Maritime Disputes Under Unclos, Julia Y. Yang

Cardozo Journal of Conflict Resolution

-This Note discusses the weaknesses of the current default dispute resolution method implemented by UNCLOS. Part II of this Note illustrates the recent history and the nature of the South China Sea dispute and the legal context provided by UNCLOS for maritime disputes in Asia. Part III will discuss the inadequacy of the current default adjudication method implemented by UNCLOS. Part IV recommends the adoption of med-arb as the ideal dispute resolution method and a requirement to show consent before parties engage in proceedings for maritime dispute resolutions in Asia.

A Call For Mediated Solutions To Arctic Region Disputes, Bradley L. Roth

Cardozo Journal of International and Comparative Law

The note argues that the Arctic region has become a focal point of international competition due to climate change, with disputes over territorial, resource, and navigational rights among the Arctic Five (Canada, Denmark, Norway, Russia, and the United States). It advocates for a worldcentric mediation approach, emphasizing global sustainability and fairness, to resolve these disputes effectively while addressing the region's ecological sensitivity and the long-term sustainability of the planet.

Regulating Resource Curses: Institutional Design And Evolution Of The Blood Diamond Regime, Lesley Wexler

Cardozo Law Review

The opening and expansion of global markets creates and exacerbates resource curses, or the phenomenon in which natural resource abundance creates governance problems. Yet international legal scholarship has been slow to recognize the relationship between freer trade and the financing of internal conflicts. While legal academics have long debated the role of law in addressing conflict generally, few have systematically addressed the intersection of trade regulation and the prevention or abatement of internal conflict. This Article looks closely at a recent regulatory effort to address the global trade in "blood diamonds," which are a particularly destructive example of a resource …

Racing For The Arctic? Better Bring A Flag, Jordan Hellman

Cardozo Journal of Conflict Resolution

This Note will explore the current dispute over Arctic seabed resources surrounding the North Pole, evaluate methods for resolving this conflict, and finally suggest particular Alternative Dispute Resolution ("ADR") methods which would be best suited to resolve the conflict peacefully and equitably. Part II will introduce the appropriate statutory law and discuss its relative effects on the disputing countries. Further, as with most conflicts, it is important to understand how the history of the area impacts the involved countries. This will be assessed in Part III. In Part IV, this Note will show how this particular conflict is better suited …

Solving The Greek Turkish Boundary Dispute, Scott Keefer

Cardozo Journal of International and Comparative Law

The article proposes a structured approach to resolving the Aegean Sea dispute between Greece and Turkey by advocating for the separation of issues, such as delimitation of the continental shelf through arbitration and direct negotiations for islet ownership. It emphasizes the importance of considering equitable principles and historical precedents to build trust and stability, suggesting that resolving the Aegean dispute independently could facilitate progress on the more contentious Cyprus issue.

The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril

Cardozo Journal of International and Comparative Law

The note examines the International Court of Justice's (ICJ) decision in the *Case Concerning East Timor*, highlighting the tension between factual sovereignty and legal principles in international law. It argues that the ICJ's dismissal of Portugal's case against Australia due to lack of jurisdiction underscored the limitations of international adjudication in resolving sovereignty disputes. The case raises critical questions about the recognition of sovereignty acquired through force, the role of erga omnes obligations, and the UN's role in territorial disputes.

The World Heritage Convention And The Future Of Auschwitz, Alyza D. Lewin

Cardozo Law Review

No abstract provided.