Law of the Sea Commons^™

Pirates On The High Seas: An Institutional Response To Expanding U.S. Jurisdiction In Troubled Waters, Marshall B. Lloyd, Robert Summers

Faculty Articles

Collective efforts among governments and regional organizations is a vital part of the fight against piracy that represents a security threat to all nation states with respect to freedom to navigate the high seas. This paper provides a concise overview of piracy, contemporary maritime drug laws, and cases among the circuit courts to illustrate the procedural concerns that affect fundamental constitutional principles of jurisdiction. A possible solution to existing substantive and procedural due process issues is establishment of a regional judicial institution with broad powers to preside over criminal prosecutions that include maritime crimes. The suggestion may be a viable …

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 …

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine Environment …

Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

International Fisheries Regulation, John P. Rivers

Georgia Journal of International & Comparative Law

No abstract provided.

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.

The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall

San Diego International Law Journal

This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.

Threats From The Global Commons: Problems Of Jurisdiction And Enforcement, Stuart Kaye

International Law Studies

No abstract provided.

The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron

San Diego International Law Journal

The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …

A Right To Ice?: The Application Of International And National Water Laws To The Acquisition Of Iceberg Rights, Bryan S. Geon

Michigan Journal of International Law

This note first reviews in Part I the history and potential of the idea of iceberg utilization. Part II then briefly examines the relevant sources of international law relating to iceberg acquisition. Finding that the standard sources of international law, such as conventions and international custom, currently provide inadequate guidance in this area. The note in Part III then searches for general principles embodied in the three major regimes of national water law: riparian rights, prior appropriation, and administrative allocation. Finally, it outlines in Part IV what an iceberg appropriation regime might look like under each regime.

Archipelagic Sea Lanes Passage, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.

International Straits, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.

Overflight Restrictions, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.

Navigation In Exclusive Economic Zones, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.

The Future Of U.S. Ocean Policy, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.

Exclusive Economic Zone, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.

Index

International Law Studies

No abstract provided.

Appendix: Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.

Forward And Preface

International Law Studies

No abstract provided.

The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Appendices, Alfred P. Rubin

International Law Studies

No abstract provided.

Electronic Reconnaissance From The High Seas And International Law, Oliver J. Lissitzyn

International Law Studies

No abstract provided.

Table Of Contents Volume 61 International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.

An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran

International Law Studies

No abstract provided.

Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn

International Law Studies

No abstract provided.

Jurisdiction, Philip C. Jessup

International Law Studies

No abstract provided.

Authority To Use Force On The High Seas, Myres S. Mcdougal

International Law Studies

No abstract provided.

The Soviet Navy And Ocean Law, Mark W. Janis

International Law Studies

No abstract provided.