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Articles 1 - 30 of 46
Full-Text Articles in Law of the Sea
Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport
Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport
Catholic University Journal of Law and Technology
No abstract provided.
The Policy Exploration Of The South African Exclusive Economic Zone /, Thulile Khanyile
The Policy Exploration Of The South African Exclusive Economic Zone /, Thulile Khanyile
World Maritime University Dissertations
No abstract provided.
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman
No Ordinary Fish Tale: Working Toward A Transnational Solution To The Cod Crisis In The Gulf Of Maine, Michael Ruderman
Indiana Law Journal
In response to a National Oceanic and Atmospheric Administration (NOAA) survey that showed “record-low levels of abundance” of groundfish in the Gulf of Maine (“Gulf”), local fisherman Brian Pearce asserted: “It concerns [me] that what [NOAA is] saying and what we [the local fishermen] are seeing is such a contrast . . . . Who sees more fish in the ocean than the fishermen?” Despite Mr. Pearce’s skepticism, the state of the cod fishery in the Gulf of Maine—home to “critical” and “legendary" fishing grounds in Canadian and American territories—is, in fact, dire. According to the NOAA survey, conducted in …
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 …
Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan
Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents, Georgia Journal Of International And Comparative Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Newsroom: Wyman Leads Marine Affairs Institute, Roger Williams University School Of Law
Newsroom: Wyman Leads Marine Affairs Institute, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Sea Changes And The American Republic, Dean Rusk, Milner S. Ball
Sea Changes And The American Republic, Dean Rusk, Milner S. Ball
Georgia Journal of International & Comparative Law
No abstract provided.
Situational Crime Prevention And Worldwide Piracy: A Cross‑Continent Analysis, Jon M. Shane, Eric Piza, Marissa Mandala
Situational Crime Prevention And Worldwide Piracy: A Cross‑Continent Analysis, Jon M. Shane, Eric Piza, Marissa Mandala
Publications and Research
Relying on situational crime prevention perspective, this study compares successful and unsuccessful pirate attacks reported to the International Maritime Bureau (IMB) from the year 2000 through 2013 (n = 4,902). The study builds upon the recent work of Shane and Magnuson in Justice Quarterly, pp 1–26 (2014), which found various SCP techniques effectively prevented piracy attacks on a global level. The current study builds upon these findings by testing whether the global effect of SCP is consistent across individual continents. A series of mixed-effects logistic regression models and follow-up likelihood ratio tests were incorporated to explore the research question. In …
Beyond The Polar Code: Assuring Safe & Environmentally Sound Arctic Navigation, Ulf Siwe
Beyond The Polar Code: Assuring Safe & Environmentally Sound Arctic Navigation, Ulf Siwe
ShipArc 2015 Conference
No abstract provided.
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
International Law Studies
The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
International Law Studies
As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide national decisions on what new technologies to weaponize and how to do so in a way that ensures compliance with battlefield regulation. LOAC has served this "signaling" function historically with respect to innovative weapon systems such as balloons, submarines, airplanes, and nuclear weapons, and will continue to do so as nations look forward to potentially weaponizing emerging technologies.
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, Richard Lee
Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, Richard Lee
Georgia Journal of International & Comparative Law
No abstract provided.
Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis
Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis
International Law Studies
The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.
The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti
The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti
International Law Studies
China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.
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 …
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky
Seattle University Law Review
Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even …
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig
Seattle University Law Review
Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and …
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
Washington Journal of Environmental Law & Policy
This article is based on remarks given to the Arctic Encounter Symposium on Jan. 31, 2015.
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
Washington Journal of Environmental Law & Policy
This article is based on remarks given to the Arctic Encounter Symposium on Jan. 31, 2015.
Arctic Law & Policy Year In Review: 2014, Arctic Law & Policy Institute, University Of Washington
Arctic Law & Policy Year In Review: 2014, Arctic Law & Policy Institute, University Of Washington
Washington Journal of Environmental Law & Policy
A categorized review of major developments, with background information and current events.
Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins
Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins
Georgia Journal of International & Comparative Law
No abstract provided.
No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean, Catherine A. Tobin
No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean, Catherine A. Tobin
International Human Rights Law Journal
In a region characterized by human mobility, many children in the Caribbean are born in a different country than their parents. In fact, the Caribbean is considered one of the regions with the highest percentage of people migrating. This article will analyze the root causes of statelessness for children in the Caribbean, focusing primarily on the dangerous interplay between ineffective birth registration systems and lack of safeguards for children who would be otherwise stateless. The article will also address recent shifts in migration and nationality policies in countries such as The Bahamas and the Dominican Republic that have exacerbated existing …
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 …
Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn
Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish
The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish
Georgia Journal of International & Comparative Law
No abstract provided.
Reviewing The Magic Pipes: Angelex Ltd. V. United States, Oily Water Separators, And Constitutional Review Of Coast Guard Action, Benjamin Abel
Reviewing The Magic Pipes: Angelex Ltd. V. United States, Oily Water Separators, And Constitutional Review Of Coast Guard Action, Benjamin Abel
William & Mary Bill of Rights Journal
No abstract provided.
Deep Seabed Mining: Alternative Schemes For Protecting Developing Countries From Adverse Impacts, David Hegwood
Deep Seabed Mining: Alternative Schemes For Protecting Developing Countries From Adverse Impacts, David Hegwood
Georgia Journal of International & Comparative Law
No abstract provided.