Law of the Sea | Open Access Articles | Digital Commons Network™

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan

Ocean and Coastal Law Journal

In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest …

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Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto

Ocean and Coastal Law Journal

Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board …

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Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious, …

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Island Invasion: The Silent Crisis In Hawaii, Sophia Janssen

Pomona Senior Theses

Keeping out invasive species may, upon first review, seem like a trivial environmental cry from ecologists and deep environmentalists; a belated wish to return to an undeveloped world where nature was pristine. However invasive species create problems that impact all of us and can have far more severe consequences than changing a stunning landscape. These problems are heightened in islands like Hawaii, where the fragile ecosystems have developed over centuries of evolution and adaptation. The introduction of a disease-carrying mosquito can put the people of Hawaii at risk to many vector-born illnesses and create an epidemic, taking human life. The …

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The Rights And Obligations Of States In Disputed Maritime Areas: What Lessons Can Be Learned From The Maritime Boundary Dispute Between Ghana And Cote D'Ivoire?, Youri Van Logchem

Vanderbilt Journal of Transnational Law

Unilateral acts undertaken in disputed maritime areas, particularly in relation to mineral resources, frequently lead to conflict between states. Appraisals of the scope that remains for unilateralism in disputed maritime areas under international law exist in both case law and literature, but the precise scope remains shrouded in doubt. The ruling of the tribunal in Guyana v. Suriname--building its argumentation extensively on that of the International Court of Justice (ICJ or Court) in the Aegean Sea Continental Shelf (interim measures)--is significant in this regard, clarifying, at least to a certain extent, the scope for unilateral conduct. Recently, in September 2017, …

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Artificial Islands And Territory In International Law, Imogen Saunders

Vanderbilt Journal of Transnational Law

Artificially created islands are a contemporary reality, created and used for military and nonmilitary purposes. Analysis of such islands has largely been limited to their status under the United Nations Convention on the Law of the Sea (UNCLOS) regime. Their position under general international law, however, remains unclear. In particular, the question of whether artificial islands can constitute sovereign territory remains unanswered. This Article analyzes the concept of territory in international law in the context of artificial islands, and argues that neither the doctrine of territory nor the strictures of UNCLOS prevent artificial islands from constituting territory capable of sovereign …

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Impacts Of The Changing Ocean-Sea Ice System On The Key Forage Fish Arctic Cod (Boreogadus Saida) And Subsistence Fisheries In The Western Canadian Arctic—Evaluating Linked Climate, Ecosystem And Economic (Cee) Models, Nadja S. Steiner, William W. L. Cheung, Andres M. Cisneros-Montemayor, Helen Drost, Hakase Hayashida, Carie Hoover, Jen Lam, Tessa Sou, U. Rashid Sumaila, Paul Suprenand, Travis C. Tai, David Vanderzwaag

Articles, Book Chapters, & Popular Press

This study synthesizes results from observations, laboratory experiments and models to showcase how the integration of scientific methods and indigenous knowledge can improve our understanding of (a) past and projected changes in environmental conditions and marine species; (b) their effects on social and ecological systems in the respective communities; and (c) support management and planning tools for climate change adaptation and mitigation. The study links climate-ecosystem-economic (CEE) models and discusses uncertainties within those tools. The example focuses on the key forage species in the Inuvialuit Settlement Region (Western Canadian Arctic), i.e., Arctic cod (Boreogadus saida). Arctic cod can be …

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Advancing Research For The Management Of Long-Lived Species: A Case Study On The Greenland Shark, Jena E. Edwards, Elizabeth Hiltz, Franziska Broell, Peter G. Bushnell, Steven E. Campana, Jørgen S. Christiansen, Brynn M. Devine, Jeffrey J. Gallant, Kevin J. Hedges, M. Aaron Macneil, Bailey C. Mcmeans, Julius Nielsen, Kim Præbel, Gregory B. Skomal, John F. Steffensen, Ryan P. Walter, Yuuki Y. Watanabe, David Vanderzwaag, Nigel E. Hussey

Articles, Book Chapters, & Popular Press

Long-lived species share life history traits such as slow growth, late maturity, and low fecundity, which lead to slow recovery rates and increase a population’s vulnerability to disturbance. The Greenland shark (Somniosus microcephalus) has recently been recognized as the world’s longest-lived vertebrate, but many questions regarding its biology, physiology, and ecology remain unanswered. Here we review how current and future research will fill knowledge gaps about the Greenland shark and provide an overall framework to guide research and management priorities for this species. Key advances include the potential for specialized aging techniques and demographic studies to shed light …

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Environmental Liability For Deep Seabed Mining In The Area: An Urgent Case For A Robust Strict Liability Regime, Keith Macmaster

Articles, Book Chapters, & Popular Press

This article will focus on liabilities for the Area and examine the question of liability for the various actors involved, including contractors/operators who carry out the exploitation of resources, sponsoring States, flag States, and the International Seabed Authority. It is necessary to analyze the current state of liability provisions, should environmental damage occur in the Area. The rapid pace of technological advancement and the unknown extent of environmental damage make a fulsome liability regime necessary. Unfortunately, as will be shown in this article, there are still extensive unknowns in the legal landscape. This article will investigate two areas of liability: …

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자율운항선박의 통제원리로서의 선원의 상무와 해사법규 개정방안 [Translation: A Study On The Ordinary Practice Of Seamen As A Controlling Principle Of Mass And Its Revision Of Maritime Law], Jinho Yoo, Chan-Soo Jung, Sang-Il Lee

Articles, Book Chapters, & Popular Press

Autonomous technology is advancing, but attention must be paid to how it will be realized when the technology meets specific domains. This paper argued that ships with autonomous technology can not be fundamentally free from the nature of a ship that is human system. Furthermore, the ordinary practice of seamen, which has been the foundation of ship safety for thousands of years, would serve as a basis for judging the adaptability of the autonomous technology. In this regard, the maritime autonomous surface vessels (MASS) of the International Maritime Organization (IMO) should be re-conceptualized into remotely operated vessels (ROV) and fully-autonomous …

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선박 검사원 처벌주의 입법의 정당성에 관한 탐색적 고찰 [Translation: Exploratory Research On The Legitimacy Of The Legislation Tilting Toward Punishing An Individual Ship Surveyor], Sang-Il Lee, Ji-Hyun Kim, Jinho Yoo

Articles, Book Chapters, & Popular Press

Ship inspection does not guarantee the safety and seaworthiness of ships as the results of the inspection, and the act features a collective evaluation. However, since the Sewol accident, the possibility of criminal punishment for individual ship surveyors has drastically increased, and the problem has deepened. This is a very unusual phenomenon that contradicts the concept, characteristics and nature of ship inspection. To the contrary, in foreign countries, protectionist legislation is found that exempts ship surveyors, who performed the inspection in good faith, from any liability. The current Ship Safety Act stipulates government accountability, but the responsibility of the inspection …

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Competencies Of The International Seabed Authority And The International Maritime Organization In The Context Of Activities In The Area, International Seabed Authority, International Maritime Organization, Aldo Chircop

Reports & Public Policy Documents

This report studies the interface of competencies of the International Seabed Authority (ISA) and the International Maritime Organization (IMO) with respect to activities in the international seabed area (the Area). The study is undertaken within the context of Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), 1982 the Part XI Implementation Agreement, 1994 and the Seabed Disputes Chamber’s Advisory Opinion on Responsibilities and Obligations of States with respect to Activities in the Area, 2011. The report has been prepared against the backdrop of the agreement on cooperation concluded between ISA and IMO in 2016.

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Environmental Protection Services And Salvage Law : Emerging Issues In Perspective, Huiru Liu

World Maritime University Ph.D. Dissertations

No abstract provided.

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The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy

Publications

No abstract provided.

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Full-Text Articles in Law of the Sea

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan

Ocean and Coastal Law Journal

Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto

Ocean and Coastal Law Journal

Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Island Invasion: The Silent Crisis In Hawaii, Sophia Janssen

Pomona Senior Theses

The Rights And Obligations Of States In Disputed Maritime Areas: What Lessons Can Be Learned From The Maritime Boundary Dispute Between Ghana And Cote D'Ivoire?, Youri Van Logchem

Vanderbilt Journal of Transnational Law

Artificial Islands And Territory In International Law, Imogen Saunders

Vanderbilt Journal of Transnational Law

Articles, Book Chapters, & Popular Press

Articles, Book Chapters, & Popular Press

Environmental Liability For Deep Seabed Mining In The Area: An Urgent Case For A Robust Strict Liability Regime, Keith Macmaster

Articles, Book Chapters, & Popular Press

자율운항선박의 통제원리로서의 선원의 상무와 해사법규 개정방안 [Translation: A Study On The Ordinary Practice Of Seamen As A Controlling Principle Of Mass And Its Revision Of Maritime Law], Jinho Yoo, Chan-Soo Jung, Sang-Il Lee

Articles, Book Chapters, & Popular Press

선박 검사원 처벌주의 입법의 정당성에 관한 탐색적 고찰 [Translation: Exploratory Research On The Legitimacy Of The Legislation Tilting Toward Punishing An Individual Ship Surveyor], Sang-Il Lee, Ji-Hyun Kim, Jinho Yoo

Articles, Book Chapters, & Popular Press

Competencies Of The International Seabed Authority And The International Maritime Organization In The Context Of Activities In The Area, International Seabed Authority, International Maritime Organization, Aldo Chircop

Reports & Public Policy Documents

Environmental Protection Services And Salvage Law : Emerging Issues In Perspective, Huiru Liu

World Maritime University Ph.D. Dissertations

The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy

Publications