Law of the Sea Commons^™

The International Tribunal For The Law Of The Sea (Itlos) : Innovations And Prospects In The International Maritime Disputes Settlement System After More Than Fifteen Years Of Effective Practice, Ousmane Diouf

World Maritime University Dissertations

No abstract provided.

Mexico And The Law Of The Sea: Contributions And Compromises. Book Review, Michael Reed

San Diego International Law Journal

Much valuable scholarly material has been published on the United Nations Convention on the Law of the Sea, often referred to simply as “UNCLOS” or “The Constitution for the Oceans.” The focus of that scholarship has usually been on interpreting the Convention’s 320 separate Articles and substantive Annexes. Such sources are, of course, critical to individuals seeking to comply with the law of the sea or sovereigns charged with enforcing it.

Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines

Seattle University Law Review

Piracy threatens, and has taken, the lives of American crews and civilians. It poses an enormous economic threat, both in terms of ransom payments and impact on global commerce. It enhances political instability in significant regions of the world, such as the Horn of Africa and the Straits of Malacca. Most critically, though, maritime piracy offers an easy and tempting conduit for terrorism. Terrorists have already used maritime options to advance their cause in several dramatic attacks, including the hijacking of a cruise ship (and murder of a Jewish passenger), the ramming of a boat into a U.S. destroyer (killing …

Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, James Kraska

Canada-United States Law Journal

No abstract provided.

International Legal Framework On The Prevention Of Vessel-Source Pollution, Nengye Liu

Research Collection Yong Pung How School Of Law

T h is paper exa mi ne s the international legal f r a m e w o r k of the prevention of vessel-source marine pollution. It provides an overview of current international framework. First-the study introduces International Maritime Organization (IM O ) and the Law of the Sea Convention (LO SC ). Second-it analyzes the relation between Conventions adopted under the auspices of the IMO (IMO Conventions) and the LOSC. Third.it discusses major IMO Conventions dealing with prevention of vessel-source pollution. Finally, this paper addresses challenges of the international legal framework.

Seafloor Mapping In The Arctic: Support For A Potential U.S. Extended Continental Shelf, Larry A. Mayer, Andy Armstrong, Brian R. Calder, James V. Gardner

Center for Coastal and Ocean Mapping

For the United States, the greatest opportunity for an extended continental shelf under UNCLOS is in the ice-covered regions of the Arctic north of Alaska. Since 2003, CCOM/JHC has been using the icebreaker Healy equipped with a multibeam echosounder, chirp subbottom profiler, and dredges, to map and sample the region of Chukchi Borderland and Alpha-Mendeleev Ridge complex. These data have led to the discovery of several new features, have radically changed our view of the bathymetry and geologic history of the area, and may have important ramifications for the determination of the limits of a U.S. extended continental shelf under …

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

San Diego International Law Journal

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime. There is less agreement, however, in how …

Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.

The Arctic: An Opportunity To Cooperate And Demonstrate Statesmanship, Dr. Hans Corell

Vanderbilt Journal of Transnational Law

The Article discusses in four distinct parts disputes relating to maritime boundaries in the Arctic; "gaps" in the legal regime in the Arctic; environmental and security concerns; and the administration of the Arctic.

Regarding the first item, the Article maintains that the point of departure is that the United Nations Convention on the Law of the Sea applies also in the Arctic. Overlapping claims by the coastal states are perfectly legitimate and thus should not be dramatized. What matters is how such differences are resolved.

Referring to suggestions that there are "gaps" in the Arctic legal regime and that a …

China And The Law Of The Sea: An Update, Guifang Xue

International Law Studies

No abstract provided.

The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.

International Law Studies

No abstract provided.

Don't Be Left Out In The Cold: An Argument For Advancing American Interests In The Arctic Outside The Ambits Of The United Nations Convention On The Law Of The Sea, Jason W. Howard

Georgia Law Review

In the world of fast-depleting fossil fuel reserves, any area promising new sources of oil and natural gas will be valuable to the nation controlling it. The Arctic Circle could be such an area. Recognizing this, in August 2007, while gathering scientific data, a submarine placed a titanium Russian flag on the Arctic seafloor in a symbolic statement of Russia's claim to the area. As Russia and other nations prepare their claims under the U.N. Convention on the Law of the Sea, the United States, because it has not yet ratified the treaty, is left to defend its interest outside …

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

International Law Studies

No abstract provided.

The Proliferation Security Initiative In The Maritime Domain, 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.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon

ExpressO

The maritime transport of nuclear materials has created a conflict between two international law regimes: the United Nations International Law of the Sea, and the developing customary law of the 'precautionary principle' in international environmental law. This conflict became apparent in recent years when several coastal states denied passage to ships transporting nuclear materials arguing the shipments posed an environmental threat. This conflict has raised an issue which is currently unresolved: Do coastal states have a right to prohibit innocent passage to ships carrying nuclear materials if these ships fail to fulfill the requirements of the precautionary principle? This review …

Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows

ExpressO

The 1982 United Nations Convention on the Law of the Sea (“UNCLOS”) represents the culmination of thousands of years of international relations, conflict, and now nearly universal adherence to an enduring order for ocean space that is the most significant achievement for international law since the UN Charter. UNCLOS establishes international property law erga omnes that, by legal and political necessity, required a bargained consensus to be effective. This bargain, in essence, provided coastal States with extended but limited jurisdictions, while ensuring that the seabed and its mineral resources beyond were the “common heritage of mankind” that would peaceably and …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Theory In Search Of Practice: The Right Of Innocent Passage In The Territorial Sea, Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

The evolution of the law of the sea has been shaped largely by two notions, namely, freedom of navigation on the one hand, and restricted access on the other hand. The interaction between these two opposing notions has led to the acceptance of two compromise concepts, namely, the territorial sea and the right of innocent passage. These concepts have now been codified in the 1982 United Nations Convention on the Law of the Sea. This paper examines the right of innocent passage in the territorial sea under the Law of the Sea Convention regime as matched against contemporary state practice. …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

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

ExpressO

No abstract provided.

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy

ExpressO

Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is …

Full Volume 79: International Law And The War On Terror

International Law Studies

No abstract provided.

Analysis Of Data Relevant To Establishing Outer Limits Of A Continental Shelf Under Law Of The Sea Article 76, Martin Jakobsson, Larry A. Mayer, Andy Armstrong

Center for Coastal and Ocean Mapping

Coastal states may extend the limits of their juridically defined continental shelf beyond 200 nautical miles from their baselines under the provisions set forth in Article 76 of the United Nations Convention on the Law of the Sea (UNCLOS). In a preparatory desktop study, the University of New Hampshire’s Center for Coastal and Ocean Mapping/Joint Hydrographic Center analysed existing U.S. bathymetric and geophysical data holdings, identified data adequacy, and survey requirements to prepare a U.S. claim beyond the Exclusive Economical Zone (EEZ). In this paper we describe the methodology for our desktop study with particular emphasis on how we assembled …

El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Applicability Of International Humanitarian Law And The Law Of Neutraility To The Kosovo Campaign, Christopher Greenwood

International Law Studies

No abstract provided.

"Weapons Like To Lightning": Us Information Operations And Us Treaty Obligations, Jeffrey H. Smith, Gordon N. Lederman

International Law Studies

No abstract provided.

Neutrality And Information Warfare, George K. Walker

International Law Studies

No abstract provided.