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Law of the Sea Commons™

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1998

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Articles 31 - 39 of 39

Full-Text Articles in Law of the Sea

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu Jan 1998

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu

Syracuse Journal of International Law and Commerce

This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.

A survey, though not comprehensive, …


Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman Jan 1998

Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman

Articles

No abstract provided.


The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon Jan 1998

The Threat Of Oil Pollution In The Malacca Strait: Arguing For A Broad Interpretation Of The United Nations Convention On The Law Of The Sea, Craig J. Capon

Washington International Law Journal

The threat of oil pollution in the world's busiest waterway, the Malacca Strait, and the legal complications that surround it continues to be a controversial issue despite international law reforms. Recent accidents have demonstrated that current measures to prevent pollution are inadequate and that traditional methods of enforcement are ineffective. Unfortunately, there is a tension between international law of the sea provisions governing pollution control in the Malacca Strait, and the desires of bordering coastal States to regulate vessels trafficking the Strait so that accident risk is minimized. Moreover, there is tension between UNCLOS provisions prohibiting the assessment of fees …


Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia Jan 1998

Does The Emperor Have No Clothes? Enforcement Of International Laws Protecting The Marine Environment, David S, Ardia

Michigan Journal of International Law

This article examines existing structures and mechanisms for the enforcement of international environmental laws, particularly international laws that must confront violations on the high seas in order to protect marine organisms. Although the tenor of the present analysis is general, many of the most influential international marine agreements to date are highlighted, including the Third United Nations Conference on the Law of the Sea, the Convention on Future Multilateral Co-Operation in the Northwest Atlantic Fisheries, and the United Nations Agreement on the Conservation and Management of Straddling Fish Stock and Highly Migratory Fish Stock.


Global Oceans Plitics: The Decision Process At The Third United Nations Conference On The Law Of The Sea, 1973-1982, Louis B. Sohn Jan 1998

Global Oceans Plitics: The Decision Process At The Third United Nations Conference On The Law Of The Sea, 1973-1982, Louis B. Sohn

Michigan Journal of International Law

Review of Global Oceans Politics: The Decision Process at the Third United Nations Conference on the Law of the Sea, 1973-1982 by Edward L. Miles


The Sps Agreement Of The World Trade Organization And International Organizations: The Roles Of The Codex Alimentarius Commission, The International Plant Protection Convention, And The International Office Of Epizootics, Terence P. Stewart, David S. Johanson Jan 1998

The Sps Agreement Of The World Trade Organization And International Organizations: The Roles Of The Codex Alimentarius Commission, The International Plant Protection Convention, And The International Office Of Epizootics, Terence P. Stewart, David S. Johanson

Syracuse Journal of International Law and Commerce

The proper fanctioning of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) of the World Trade Organization (WTO) depends in part upon three international organizations, the Codex Alimentarius Commission (Codex), the International Plant Protection Convention (IPPC), and the International Office of Epizootics (OIE). The SPS Agreement states that the sanitary and phytosanitary (SPS) standards of these organizations are the benchmark international standards for WTO members, and recent WTO decisions demonstrate the importance of international standards in the settlement of WTO disputes involving SPS measures. The Codex, IPPC, and OIE also provide valuable services that benefit the …


Book Review, Henry H. Perritt Jr. Jan 1998

Book Review, Henry H. Perritt Jr.

Syracuse Journal of International Law and Commerce

Book Review: Richard Haas, The Reluctant Sheriff: The United States After the Cold War, New York, Council on Foreign Relations (1997)


A Dynasty Weaned From Biotechnology: The Emerging Face Of China Jan 1998

A Dynasty Weaned From Biotechnology: The Emerging Face Of China

Syracuse Journal of International Law and Commerce

No abstract provided.


Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge Jan 1998

Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge

LLM Theses

This thesis examines international and domestic law relating to pollution from offshore oil and gas operations in the Nova Scotia offshore area. The domestic regulatory regime is not integrated, but is contained in various acts. The three main acts deal respectively with ships, including mobile offshore drilling and production units (the 'Canada Shipping Act'); fisheries protection (the 'Fisheries Act'); and the industrial aspects of offshore oil and gas operations (the federal 'Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act'; there is a corresponding provincial act which is essentially identical). These acts are administered by separate regulatory agencies. This results in …