Law of the Sea Commons^™

The Fishery Conservation And Management Act Of 1976: State Regulation Of Fishing Beyond The Territorial Sea, Maine Law Review

Maine Law Review

Historically, international law has recognized the sovereignty of coastal nations within the three-mile contiguous territorial sea. Although modem international practice has expanded the breadth of the territorial sea to twelve miles or more, the traditional three-mile zone retains a special significance within the scheme of domestic United States marine law. Under the federal scheme of marine resource jurisdiction, authority within the three-mile zone has been allocated to the coastal states while the federal government has exercised near-exclusive jurisdiction over marine zones seaward of the territorial sea boundary. However, this bifurcated jurisdiction scheme has failed to provide effective conservation and management …

Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors.

This Article disaggregates slavery from the slave trade and slavery …

Law School News: Dennis W. Nixon: Doctor Of Laws, Honoris Causa 05-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman

Law School Blogs

No abstract provided.

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.

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

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 …

Canada-United States Cooperative Approaches To Shared Marine Fishery Resources: Territorial Subversion?, Ted L. Mcdorman

Michigan Journal of International Law

This Essay will focus on how Canada and the United States have both succeeded and failed in adopting cooperative approaches to managing ocean fishery resources. A critical factor that has influenced these efforts is the introduction of an international legal construct dictating that States have exclusive sovereign rights respecting all marine living resources within 200 nautical miles of their shores. Cooperative approaches to managing transboundary marine living resources between Canada and the United States are necessary for two reasons. First, in the case of marine living resources, the resource pays scant attention to human-constructed national boundaries. Put another way, marine …

Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky

Michigan Journal of International Law

Part I of this Essay marshals the evidence that fisheries around the world are in peril from destructive fishing practices. Part II argues that most fisheries management regimes are ineffective at counteracting the political pressures and economic incentives that lead to unsustainable fishing. Part III makes the case that government subsidies are major enablers of overfishing. The fourth and final Part discusses the continuing efforts to use international trade regulation to eliminate overfishing subsidies and halt the collapse of the world's marine fish populations.

Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff

Michigan Journal of International Law

This Essay assesses challenges that arise when marine territorial boundaries do not encompass the appropriate assemblage of resources and relationships necessary for effective authority and management. It reviews the manner in which certain offshore resource uses have been "quasi-territorialized" by the application of other forms of jurisdiction. It also highlights regime-jurisdiction-private interest-oriented responses to territory-oriented challenges in the form of assemblages of authority, interests, space, and time. Given the scalar progression of the links in the discussion, the assessment moves from international principles to exercises of national sovereignty to domestic administration of space and resources to private legal interests.

The International Tribunal For The Law Of The Sea And The Possibility Of Judicial Settlement Of Disputes Involving The Fishing Entity Of Taiwan - Taking Ccsbt As An Example, Yann-Huei Song

San Diego International Law Journal

The main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of …

Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag

Dalhousie Law Journal

Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …

Chapter Iv (Claims Related To The Law Of The Sea (Los))

International Law Studies

No abstract provided.

The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver

Dalhousie Law Journal

In 1994, frustration with the Pacific salmon dispute between Canada and the United States, caused the Canadian government to impose a transit fee on American fishing vessels. The author reviews the legality of the measure vis-avis three legal regimes: the United Nations Convention on Law of the Sea, the defence of countermeasures, and the defence of necessity. In addition, the effectiveness of retaliatory measures are examined in viewof recent developments. The author concludes by recommending a two-track strategy: an alliance with NativeAmerican groups as well as environmentalnon-governmentalorganizations.

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.

Future Of Fishery Management And Its Impact On The Seafood Industry: A Comparison Of United States And Canadian Fishery Management Policies After Unclos Iii, Ferdinand J. Iii Gallo

Northwestern Journal of International Law & Business

The United States and Canadian fishery management regimes each professes to fulfill the goals of conservation enumerated under the United Nations Convention on the Law of the Sea of 1982 (UNCLOS III). These goals include conservation of scarce fish stocks and "optimum utilization" of those limited resources. The Canadian regime of centralized authority, informality and flexibility, however, actually comes closest to fulfilling these goals. While the United States may adopt some of the key elements of the Canadian regime, several barriers exist to such reforms.Another method for reconciling the differences between U.S. and Canadian policies would include the implementation of …

A Maritime Survey For 1970; Seamen, Fishermen, Prospectors: Who Will Own The Oceans?, John D. Hayes

International Law Studies

No abstract provided.

The Law Of The Sea Conference: Issues In Current Negotiations, Lewis M. Alexander

International Law Studies

No abstract provided.

Freedom Of The Seas, Ephraim P. Holmes

International Law Studies

No abstract provided.

New Issues And New Interest In The Law Of The Sea, Joseph B. Mcdevitt

International Law Studies

No abstract provided.

Current International Law Problems Of The Navy, Joseph B. Mcdevitt

International Law Studies

No abstract provided.

Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn

International Law Studies

No abstract provided.

Special Aspects Of Jurisdiction At Sea, Brunson Macchesney

International Law Studies

No abstract provided.

What Is Innocent Passage?, Peter B. Walker

International Law Studies

No abstract provided.

Ocean Fisheries: National Instrument For International Stability, John T. Robison

International Law Studies

No abstract provided.

The Soviet Navy And Ocean Law, Mark W. Janis

International Law Studies

No abstract provided.

The People's Republic Of China And The Law Of The Sea: Caracas 1974 And Geneva 1975, Herman Zivetz

International Law Studies

No abstract provided.

Saudi Arabia And The Law Of The Sea, James P. Piscatori

International Law Studies

No abstract provided.

The U.S. Fishery Conservation And Management Act 1976 - A Plan For Diplomatic Action, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

Maritime Contiguous Zones, Lloyd C. Fell

Michigan Law Review

During the past two centuries, various states which had previously limited their claims of full sovereignty to narrow marginal seas have also asserted special types of jurisdiction over high seas zones outside what they claimed (or what others accepted) as territorial waters. This comment deals with such claims to contiguous zones of the high seas over which the littoral state asserts authority: which may affect the interests of other states.