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Law of the Sea Commons™

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2015

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Institution
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Articles 31 - 46 of 46

Full-Text Articles in Law of the Sea

Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela Apr 2015

Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Law Of The Sea: U.S. Policy Dilemma. Eds. Bernard H. Oxman, David D. Caron, & Charles L.O. Buderi. San Francisco, California: Institute For Contemporary Studies Press, 1983., M. W. Janis Apr 2015

Book Review: Law Of The Sea: U.S. Policy Dilemma. Eds. Bernard H. Oxman, David D. Caron, & Charles L.O. Buderi. San Francisco, California: Institute For Contemporary Studies Press, 1983., M. W. Janis

Georgia Journal of International & Comparative Law

No abstract provided.


The Responsibility To Protect And Land-Locked States' Access To The Sea: An Analogy, Halil Rahman Basaran Apr 2015

The Responsibility To Protect And Land-Locked States' Access To The Sea: An Analogy, Halil Rahman Basaran

Buffalo Human Rights Law Review

No abstract provided.


A Sea Change In Creditor Priorities, Kristen Van De Biezenbos Apr 2015

A Sea Change In Creditor Priorities, Kristen Van De Biezenbos

University of Michigan Journal of Law Reform

This Article argues that the operation of maritime law undermines a primary justification for creditor priorities under U.S. law. Under current law, when a debtor becomes insolvent, its secured creditors will be paid the full amount of their debt to the extent of their security interest, even if that leaves nothing to pay unsecured creditors. This is controversial with respect to involuntary unsecured creditors, particularly those with tort claims against the debtor. Defenders of this scheme of priorities have argued that allowing greater priority to involuntary creditors would hinder the availability or increase the cost of credit. However, involuntary creditors …


The Transfer Of Technology And Unclos Iii, Douglas Yarn Mar 2015

The Transfer Of Technology And Unclos Iii, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.


Ocean Thermal Energy Conversion, John W. Kindt Mar 2015

Ocean Thermal Energy Conversion, John W. Kindt

Georgia Journal of International & Comparative Law

No abstract provided.


Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress Mar 2015

Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress

Georgia Journal of International & Comparative Law

No abstract provided.


Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French Mar 2015

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Faculty Scholarship

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …


Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare Feb 2015

Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare

Catholic University Law Review

In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement of …


Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie Jan 2015

Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie

Georgia Journal of International & Comparative Law

No abstract provided.


Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erik Franckx Jan 2015

Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erik Franckx

Georgia Journal of International & Comparative Law

No abstract provided.


Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate Jan 2015

Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate

Faculty Books and Book Contributions

Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that …


The Expansion Of Admiralty Jurisdiction Into The Realm Of Workers’ Compensation: Newly Applying Learned Hand To Jones Act Personal Injury Claims To Incentivize Dangerous Seafaring Work And Protect Workers From The Perils Of The Sea, 48 J. Marshall L. Rev. 877 (2015), Blair Pooler Jan 2015

The Expansion Of Admiralty Jurisdiction Into The Realm Of Workers’ Compensation: Newly Applying Learned Hand To Jones Act Personal Injury Claims To Incentivize Dangerous Seafaring Work And Protect Workers From The Perils Of The Sea, 48 J. Marshall L. Rev. 877 (2015), Blair Pooler

UIC Law Review

This Comment proposes a novel application of Learned Hand’s calculus of negligence to divide the protections for traditional and non-traditional maritime workers.


The Role Of Naval Power In The Development Of Customary International Law, John J. Chung Jan 2015

The Role Of Naval Power In The Development Of Customary International Law, John J. Chung

Law Faculty Scholarship

No abstract provided.


Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq Jan 2015

Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq

Scholarly Works

The International Labour Organization (“ILO”) turns 100 years old in 2019, and is accordingly one of the oldest international organizations. Its mandate to promote decent work through standard-setting and norm supervision has been challenged by rapid changes in the world of work brought on by globalization, technological advancements, and an increasingly migratory workforce. These changes require the ILO to maintain a flexible system of norm creation and rulemaking that can adapt just as rapidly.

To ensure a flexible system, the ILO should be able to revise its instruments in a sufficiently responsive time. The ILO’s rule to amend its instruments, …


"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen Jan 2015

"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen

Articles

The theme for the 2015 Arctic Encounter Symposium was “Charting a Path to U.S. Leadership in the Far North.” I would like to begin my comments regarding U.S. leadership by reminding the audience that the Arctic is primarily a maritime domain and the fundamental rule set for international relations in the Arctic’s maritime domain is the 1982 U.N. Convention on the Law of the Sea (LOS Convention), a convention to which the United States remains the most conspicuous non-party.