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Articles 31 - 60 of 69
Full-Text Articles in Law of the Sea
Editor's Note, Caitlin Buchanan
Editor's Note, Caitlin Buchanan
Sustainable Development Law & Policy
No abstract provided.
The Law Of The Sea Convention And Sea Level Rise After The South China Sea Arbitration, Stuart Kaye
The Law Of The Sea Convention And Sea Level Rise After The South China Sea Arbitration, Stuart Kaye
International Law Studies
Sea level rise from anthropogenic climate change is an increasing concern for the international community and especially for coastal States. The prospect of whole islands disappearing under rising waters raises serious questions as to the impact upon maritime jurisdiction and the ability of the United Nations Convention on the Law of the Sea to deal with the inundation of large areas of territory. The South China Sea Arbitration Tribunal recently considered these questions. Here, the Tribunal relied on a high standard for what constituted human habitability under Article 121 of the Law of the Sea Convention, which likely will have …
Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher
Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher
Maine Law Review
Consider the following: You, a Maine resident, and your friend, a Massachusetts resident, have gone for a weekend trout fishing trip to Acadia National Park in Downeast Maine. The two of you are happily catching trout, and then each of you hook a bass and reel it in. Keeping the bass is illegal under Maine law but not banned by the National Park. Along comes a Maine game warden, who spies the two of you and cites only you with a fine for catching and keeping the bass. The warden says nothing to the Massachusetts resident who continues to fish, …
Newsroom: Gutoff, Nixon On Puerto Rico 09-28-2017, Katie Warren, Roger Williams University School Of Law
Newsroom: Gutoff, Nixon On Puerto Rico 09-28-2017, Katie Warren, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen
Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen
Texas A&M Law Review
Principled negotiation suggests that in any conflict there are interests that motivate a party’s claimed position. Identifying and focusing on these interests instead of the position itself is the best way to solve the underlying conflict, whether it concerns a family quarrel, a business contract, or an international settlement among nations. On the surface of the South China Sea dispute, China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all make conflicting claims over various features in the South China Sea, particularly the Spratly and Paracel Islands. However, in reality, each nation has particular interests in mind when asserting its claiming …
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar
Sustainable Development Law & Policy
No abstract provided.
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Sustainable Development Law & Policy
No abstract provided.
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson
Sustainable Development Law & Policy
No abstract provided.
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson
Sustainable Development Law & Policy
No abstract provided.
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin
Sustainable Development Law & Policy
No abstract provided.
You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch
You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch
Sustainable Development Law & Policy
No abstract provided.
Analysis The Human Factors Of Maritime Accidents Based On Hfacs—Mta–Cm, Kenan Lv
Analysis The Human Factors Of Maritime Accidents Based On Hfacs—Mta–Cm, Kenan Lv
World Maritime University Dissertations
No abstract provided.
The South China Sea Arbitration Award, Bernard H. Oxman
The South China Sea Arbitration Award, Bernard H. Oxman
University of Miami International and Comparative Law Review
No abstract provided.
Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle
Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle
International Law Studies
This article examines maritime law enforcement operations and intelligence activities in the context of maritime security. First describing the role of navies and coast guards in maritime security, this article then explores the relationship between law enforcement operations and actionable intelligence. In particular, it focuses on maritime domain awareness (MDA), and how MDA functions as a form of intelligence. Next, the article discusses maritime domain awareness under international law before looking to the tension between intelligence collection and visit, board, search and seizure (VBSS) operations, both on the high seas and in waters under national jurisdiction. The article closes by …
Reclaiming Jakarta’S North Coast: Perspectives From The Defense, Security, And Constitutional Aspects, Vera Wheni Setijawati
Reclaiming Jakarta’S North Coast: Perspectives From The Defense, Security, And Constitutional Aspects, Vera Wheni Setijawati
Jurnal Hukum & Pembangunan
Indonesia’s sea territory is particularly important in uniting the country, as the sea is a medium for interconnectivity; a medium for national integrity; a medium for resources; a medium for diplomacy; and a medium for national defense and security. This paper will focus on the sea’s significance to Indonesia’s national unity in its role as a medium for interconnecting the country’s many islands, and the implications thereof to Indonesia’s national security and defense. This paper will within this context discuss in particular the reclamation of Jakarta’s north coast. This research applies a normative empirical methodology, and intends to provide a …
China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang
China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Bow To The Silver King: Using Transboundary Rivers To Protect Tarpon, Jd Howard
Bow To The Silver King: Using Transboundary Rivers To Protect Tarpon, Jd Howard
Georgia Journal of International & Comparative Law
No abstract provided.
Navigational Freedom: The Most Critical Common Heritage, John Norton Moore
Navigational Freedom: The Most Critical Common Heritage, John Norton Moore
International Law Studies
This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 17, 2017.
Freedom Of Navigation: Development Of The Law Of The Sea And Emerging Challenges, Vladimir Golitsyn
Freedom Of Navigation: Development Of The Law Of The Sea And Emerging Challenges, Vladimir Golitsyn
International Law Studies
This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 18, 2017.
Space Weapons And The Law, Bill Boothby
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …
Save Our Ships: How U.S. National Security Interests Affect The Human Rights Of Stranded Seafarers As A Result Of Shipping Bankruptcies, Michelle S. Lee
Save Our Ships: How U.S. National Security Interests Affect The Human Rights Of Stranded Seafarers As A Result Of Shipping Bankruptcies, Michelle S. Lee
Brooklyn Journal of International Law
Hanjin Shipping Company declared bankruptcy in September 2016. The South Korean shipping giant, owner of dozens of massive shipping vessels, was suddenly engulfed in multiple bankruptcy proceedings all over the world. When a major company such as Hanjin falls, the attention is focused mainly on the money, statistics, and the corporate heads. There is rarely a spotlight on how such a collapse affects the workers. With Hanjin at the forefront of the new wave of shipping bankruptcies, it will be increasingly important to understand the realities of the financial disasters on the lives of the company’s employees. This Note will …
Turkey And The International Law Of The Sea, Ekrem Korkut
Turkey And The International Law Of The Sea, Ekrem Korkut
SJD Dissertations
The 1982 United Nations Convention on the Law of the Sea [hereinafter: LOSC] is widely accepted as the constitution of the oceans. Only four countries in the Third United Nations Conference on the Law of the Sea voted against the LOSC: The United States, Venezuela, Israel, and Turkey. Turkey voted against the LOSC because of dissatisfaction with the provision concerning the breadth of the territorial sea (Article 3), the delimitation of the territorial sea (Article 15), and the regime of islands (Article 121). With regard to other provisions of the LOSC, Turkish delegates at the Conference made supportive explanations. This …
Treaty Of Tordesillas Syndrome: Sovereignty Ad Absurdum And The South China Sea Arbitration, Christopher R. Rossi
Treaty Of Tordesillas Syndrome: Sovereignty Ad Absurdum And The South China Sea Arbitration, Christopher R. Rossi
Cornell International Law Journal
The South China Sea is the fifth largest body of water in the world. It accounts for five trillion dollars in annual commercial activity involving a third of maritime traffic worldwide. China claims wide-ranging sovereign rights over upwards of ninety percent of this Sea via a controversial U-shaped line. Its claim upsets regional stability and portends a coming conflict with the United States, the world's supreme maritime power, over the application of the United Nations Convention on the Law of the Sea (UNCLOS). China claims its sovereign authority predates UNCLOS by millennia; critics date China's claim to 1947. Already described …
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama
Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama
International Law Studies
There have been non-combat losses of nuclear-powered warships during sea trials and peacetime patrol missions. Nuclear contamination is spreading from some of these sinking sites. It is also conceivable that combat losses of nuclear-powered warships could cause contamination of civilians, civilian objects and the natural environment. If such combat losses occur at sea, both belligerent and neutral States will have to deal with a difficult question: to what extent and by who can harm resulting from such contamination be compensated for payment of damages. This article examines legal issues stemming from prospective combat losses of nuclear-powered warships from the perspectives …
Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman
Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman
Indiana Journal of Global Legal Studies
Hundreds of thousands of men and boys are trafficked and enslaved on long-haul fishing boats in the waters off the coast of Thailand. These captives endure physical and mental abuse, inhumane working conditions, meager sustenance, and little sleep as they are forced to catch fish used in products such as cat food. This Note will focus on whether a proposed Act-the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (BSCT)-would impact the issue of forced labor linked to the seafood industry in Thailand, and particularly the portion of the industry that supplies fish used in American brand …
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
University of Miami Inter-American Law Review
In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial temptations arising …
The Changing Law Of The Sea: Western Hemisphere Perspectives, Daniel C. Turack
The Changing Law Of The Sea: Western Hemisphere Perspectives, Daniel C. Turack
Georgia Journal of International & Comparative Law
No abstract provided.
Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins
Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins
Georgia Journal of International & Comparative Law
No abstract provided.