Law of the Sea Commons^™

Universal Jurisdiction And The Pirate: Time For An Old Couple To Part, Joshua M. Goodwin

Vanderbilt Journal of Transnational Law

For hundreds of years, the world has allowed any nation-state to exercise universal jurisdiction over high seas piracy. This has been recently codified by the United Nations in the Convention on the Law of the Seas. It has been almost universally assumed that allowing states to do this was legitimate. As this Note will argue, however, the reasons for allowing states to exercise jurisdiction in this way no longer make sense in the modern world. Further, allowing states to exercise universal jurisdiction over pirates violates the due process rights of the pirates and poses a threat to international stability. To …

International Legal Compliance: Surveying The Discipline, William C. Bradford

ExpressO

No abstract provided.

International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand

Dalhousie Law Journal

Article 82 of the United Nations Convention on the Law of the Sea, 1982, provides a novel obligation in international law that is likely to become operative within the decade. It establishes an international royalty on production from the utilization of non-living resources (such as oil and gas) on the continental shelf beyond 200 nautical miles, but within the outer limit of a coastal state's jurisdiction. Producing states will have an obligation to make payments or contributions in kind that are calculated on the basis of an incremental rate applicable as from the sixth year of production and reaching a …

Jonathan I. Charney: A Tribute, Richard B. Bilder

Vanderbilt Journal of Transnational Law

I first met Jonathan in 1967 when he was a student in my international law class at the University of Wisconsin Law School. It was only my second year of teaching--I had just come to Wisconsin after some years with the State Department's Office of Legal Adviser. But Jonathan was a generous and forgiving, as well as excellent, student and somehow we both got through the course. Anyway, Jonathan became, first, the student of whom I was most fond; then, as his career developed, the student of whom I was most proud; and, eventually, as the years passed and our …

Jonathan I. Charney: An Appreciation, W. Michael Reisman

Vanderbilt Journal of Transnational Law

Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …

Complementary Agreements And Compulsory Jurisdiction, Bernard H. Oxman

Articles

No abstract provided.

International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …

Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman

Articles

No abstract provided.

International Maritime Boundaries: Political, Strategic And Historical Considerations, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.

Mexico's Legal Regime Over Its Marine Spaces: A Proposal For The Delimitation Of The Continental Shelf In The Deepest Part Of The Gulf Of Mexico, Jorge A. Vargas

University of Miami Inter-American Law Review

No abstract provided.

Charting The Law Of Maritime Boundaries, W. P. Gormley

Vanderbilt Journal of Transnational Law

When faced with disputes concerning maritime boundaries, one must analyze an array of materials, including: unilateral state practices, bilateral boundary agreements, multilateral regional conventions, the major international conventions--particularly the Law of the Sea Conventions of 1958 and the 1982 United Nations Law of the Sea Convention -- and customary international law. Beyond question, this huge corpus of material appears overwhelming to most practitioners and scholars when they attempt to resolve maritime disputes. Faced with such a daunting task, scholars, practitioners, and judges may want to consult International Maritime Boundaries, a brilliantly executed research project that analyzes 134 maritime boundaries. The …

Biodiversity In The Marine Environment: Resource Implications For The Law Of The Sea, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

Professor Joyner begins by explaining what biodiversity is and how it is currently being threatened. He then describes the existing international prescriptions that relate to the preservation of biodiversity, including the Convention on Biodiversity, the Convention on the Law of the Sea, the Convention on the Prevention of Marine Pollution by Dumping and Other Matter, and the International Convention for the Prevention of Pollution from Ships. Professor Joyner examines how these prescriptions protect or fail to protect biodiversity in the marine environment, both independently and in conjunction with related international environmental law. Finally, he assesses how international organizations, regional protection …

The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley

Dalhousie Law Journal

The 1982 United Nations Law of the Sea Convention has not only codified the relatively scant corpus of international law relating to the rubrics of enclosed semi-enclosed seas, but it has also given some guidance toward the future evolution of this unique body of sea law. Accordingly the underlying thesis advanced by a number of distinguished authors at a conference - convened by the Inter-University Center in Dubrovnik - is that the Law of the Sea Convention does not represent a definitive or complete corpus of law; rather the general articles will acquire substance from state practice, bilateral agreements between …

Forward And Preface - Volume 64

International Law Studies

No abstract provided.

United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge

Northwestern Journal of International Law & Business

Fierce policy disputes are inevitable whenever two basic, widely-accepted principles intersect in a situation where one must prevail and the other give way. In the maritime field, these disputes occur whenever a nation-state is forced to choose between promoting free and open trade in maritime services or protecting its domestic merchant marine. The clash of these policies has generated vigorous debates in the United States on a wide variety of maritime issues (e.g., cargo preference requirements, operating and construction differential subsidies, vessel construction loan guarantee programs and whether to retaliate against foreign countries' attempts to reserve import and export trades …

Interference With Non-National Ships On The High Seas: Peacetime Exceptions To The Exclusivity Rule Of Flag-State Jurisdiction, Robert C.F. Reuland

Vanderbilt Journal of Transnational Law

Pursuant to the exclusivity rule of flag-state jurisdiction, a ship on the high seas is subject to the exclusive jurisdiction of the state whose flag she lawfully flies. Conversely, a state may not ordinarily interfere with those ships registered under the laws of another state. International law makes exception to this general rule in certain discrete circumstances. When such an exception exists, a state may lawfully stop, visit, search, and arrest a non-national ship on the high seas--a right normally reserved to the flag-state alone. These exceptions to the exclusivity rule of flag-state jurisdiction form the subject matter of this …

Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt

Vanderbilt Journal of Transnational Law

This Essay discusses the merits of the dispute settlement provisions found in the 1982 United Nations Convention on the Law of the Sea, and calls for recognition and utilization of the provisions in all manner of disputes arising within the international legal community. Professor Kindt notes that despite the fact that the Convention's dispute settlement provisions represent the first time all major interest blocs of states have agreed upon a standard set of provisions for dispute settlement, the provisions have not received the attention they deserve. After analyzing the reasons for this lack of consideration, he urges that the dispute …

Forward And Preface

International Law Studies

No abstract provided.

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

International Law Studies

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

Consensus and Confrontation: The United States and the Law of the Sea Convention

By Jon M. Van Dyke.

Honolulu: The Law of the Sea Institute, University of Hawaii, 1985. Pp. x, 576. $29.50

Free Flow of Information; A New Paradigm. By Achal Mehra

Westport, Connecticut: Greenwood Press, 1986. Pp. xiii, 225. $32.95

The Fund Agreement in the Courts, Volume III. By Joseph Gold Washington, D.C.: International Monetary Fund, 1986. Pp. xvi, 841.$45.00

A Standard for Justice; A Critical Commentary on the Proposed Bill of Rights for New Zealand

By Jerome B. Elkind and Antony Shaw

New York: Oxford …

Legal Problems Of Seabed Boundary Delimitation In The East China Sea, Ying-Jeou Ma

Maryland Series in Contemporary Asian Studies

This book is the first comprehensive study of the complex problems of boundary delimitations in the East China Sea that involves four coastal states, namely Korea, Japan, the Republic of China (ROC) and the People's Republic of China (PRC).

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Casebook on Carriage by Sea.

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxxix, 203. £11.50.

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Casebook on Shipping Law

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxx, 205. £11.50.

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Regional Development Agencies in Europe

Edited by Douglas Yuill

Hampshire, England: Gower, 1982. Pp. vii, 449.$44.50.

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United States Trade Policy Legislation: A Canadian View

By Rodney de C. Grey

Montreal: The Institute for Research on Public Policy, 1982. Pp. xvii, 130. $7.95.

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Transfer of Technology: U.S. Multinationals and Eastern Europe

By Marilyn L. Liebrenz

New York: Praeger Publishers, 1982. …

Proof Of Offshore Territorial Claims In Canada, Lawrence L. Herman

Dalhousie Law Journal

The territorial sea of Canada consists of a 12-mile belt of maritime space extending seaward from the Canadian maritime coastline. I By virtue of international law, this 12-mile maritime belt is considered to be part of the territorial domain of the littoral state.2 As a consequence, the legal limits of Canadian territory extend beyond the low water line along the coasts of Canada to include the area of the 12-mile territorial sea.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA

By Ali A.El-Hakim

Syracuse: Syracuse University Press, 1979. Pp. 293.Tables, maps, and international agreements.

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COMPLIANCE AND PUBLIC AUTHORITY: A THEORY WITH INTERNATIONAL APPLICATIONS

By Oran R. Young

Baltimore: Resources for the Future, 1979. Pp. 161.

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DOING BUSINESS WITH THE Russians

Under license from Westshore, Inc. New York: Praeger Publishers, 1978. Pp. 166.

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TAX LAW AND POLICY IN THE E.E.C.

By Alexander James Easson

London: Oceana Publications, 1980. Pp. 269. Tables of treaty provisions, secondary legislation, cases, and statistics.

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THE COLLAPSE OF WELFARE REFORM: POLITICAL INSTITUTIONS, POLICY …

Books Received, C. A. P.

Vanderbilt Journal of Transnational Law

COMPARATIVE LAW YEARBOOK

VOLUME 3, 1979.

Issued by the Center for International Legal Studies The Netherlands:

Sijthoff& Noordhoff, 1980. Pp. 287

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UNITED STATES FOREIGN RELATIONS LAW: DOCUMENTS AND SOURCES, VOLUME 1

EXECUTIVE AGREEMENTS

By Michael J.Glennon and Thomas M. Frank

Dobbs Ferry, New York: Oceana Publications, Inc., 1980. Pp. 474.

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U.S. NAVAL WAR COLLEGE, INTERNATIONAL LAW STUDIES, VOLUME 62 Edited by Richard B. Lillich and John Norton Moore

Newport, Rhode Island: Naval War College Press, 1980. Pp. 758.

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THE SOVIET PROCURACY AND THE SUPERVISION OF ADMINISTRATION

By Gordon B. Smith

The Netherlands: Sijthoff and Noordhoff,1978. Appendices. Pp. …

Free Navigation: Examination Of Recent Actions Of The United States Coast Guard, Edward H. Lueckenhoff

Vanderbilt Journal of Transnational Law

The use of aircraft and large, seagoing vessels for smuggling marijuana and other illicit drugs has created a burgeoning problem for United States efforts to control its borders. The use of foreign flag ships as "mother ships" is particularly troublesome. This practice involves foreign flag vessels, often containing several tons of marijuana, that hover in international waters just outside the United States territorial sea. The marijuana is transferred from these mother ships to smaller vessels which then cross into United States waters and distribute the contraband at prearranged points along the coast. The immunities provided by international law for foreign …

Archipelago Concept Of Limits Of Territorial Seas, John R. Brock

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.

Jurisdiction, Philip C. Jessup

International Law Studies

No abstract provided.