Law of the Sea Commons^™

Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo

International Law Studies

In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not have the …

China’S Artificial Island Building Campaign In The South China Sea: Implications For The Reform Of The United Nations Convention On The Law Of The Sea, Adam W. Kohl

Dickinson Law Review (2017-Present)

This Comment discusses the United Nations Convention on the Law of the Sea (UNCLOS) with reference to artificial island building in the South China Sea. China recently began an artificial island building campaign in the Spratly Island chain, which is located in the South China Sea. These artificial islands have been the subject of, and have created implications regarding, territorial disputes in the area.

UNCLOS governs international law in the context of disputes among states on the high seas. UNCLOS does have provisions that address artificial island construction and maintenance, but it mistakenly assumes that states will only construct artificial …

The Dragon-Kings’ Restraint: Proposing A Compromise For The Eez Surveillance Conundrum, Asaf Lubin

Articles by Maurer Faculty

The United States and China are at it again, as naval and aerial interceptions in and around the South China Sea become a matter of disturbing routine. At the heart of the dispute stands the lingering question of whether customary international law as reflected in the United Nations Convention on the Law of the Sea (“UNCLOS”) authorizes third States to engage in surveillance and military maneuvers in coastal States’ Exclusive Economic Zones (“EEZ”) without their consent. The answer lies in interpreting Article 58(1) of UNCLOS. This paper aims to respond to the calls put forward by States, scholars, and research …

Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag

Articles, Book Chapters, & Popular Press

Elisabeth Mann Borgese is well known for her commitment to advancing the legal order for the improved regulation of the world’s oceans. Her advocacy with respect to the United Nations Convention on the Law of the Sea (UNCLOS) is the subject of other essays in this volume. However, in the decades since 1982, legal principles, sometimes linked to provisions in treaties, have become critical in the global quest for sustainable seas and healthy coastal communities. Principles, such as precautionary and ecosystem approaches, have influenced the negotiation, implementation, and interpretation of international agreements. They may also guide national ocean law and …

자율운항선박 원격운항자의 역할과 법적 지위에 관한 소고-선원과 선장 개념을 중심으로 [Translation: The Roles And Legal Status Of Remote Operators Of Maritime Autonomous Surface Ships: Focusing On The Concept Of A Crew And A Master], Junghwan Choi, Jinho Yoo, Sang-Il Lee

Articles, Book Chapters, & Popular Press

As commercialising the technology of Maritime Autonomous Surface Ship("MASS"), it may be expected that the remote controller plays a significant role in modern shipping industry in the near future. The concept of remote controller is defined as designated person who has the right of command and control regarding the ship's navigation and there exists the difference concerning the role and functions between transitional concept of a crew and a master and the remote controller in MASS. Hence, this study aims to discuss the legal status of remote controller as to whether they are considered as crew and master. In particular, …

Enforcement Dissonance: Lobsters, The Legislature, And Federal Waters In State V. Thomas, Christopher J. Rauscher

Maine Law Review

Consider the following: You, a Maine resident, and your friend, a Massachusetts resident, have gone for a weekend trout fishing trip to Acadia National Park in Downeast Maine. The two of you are happily catching trout, and then each of you hook a bass and reel it in. Keeping the bass is illegal under Maine law but not banned by the National Park. Along comes a Maine game warden, who spies the two of you and cites only you with a fine for catching and keeping the bass. The warden says nothing to the Massachusetts resident who continues to fish, …

Bow To The Silver King: Using Transboundary Rivers To Protect Tarpon, Jd Howard

Georgia Journal of International & Comparative Law

No abstract provided.

Navigational Freedom: The Most Critical Common Heritage, John Norton Moore

International Law Studies

This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 17, 2017.

Freedom Of Navigation: Development Of The Law Of The Sea And Emerging Challenges, Vladimir Golitsyn

International Law Studies

This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 18, 2017.

Turkey And The International Law Of The Sea, Ekrem Korkut

SJD Dissertations

The 1982 United Nations Convention on the Law of the Sea [hereinafter: LOSC] is widely accepted as the constitution of the oceans. Only four countries in the Third United Nations Conference on the Law of the Sea voted against the LOSC: The United States, Venezuela, Israel, and Turkey. Turkey voted against the LOSC because of dissatisfaction with the provision concerning the breadth of the territorial sea (Article 3), the delimitation of the territorial sea (Article 15), and the regime of islands (Article 121). With regard to other provisions of the LOSC, Turkish delegates at the Conference made supportive explanations. This …

Under International Law, Must A Ship On The High Seas Fly The Flag Of A State In Order To A Void Being A Stateless Vessel? Is A Flag Painted On Either Side Of The Ship Sufficient To Identify It?, Barry Hart Dubner, Mary Carmen Arias

Faculty Scholarship

No abstract provided.

The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink

International Law Studies

The Arctic Sunrise case was brought unilaterally by the Netherlands against the Russian Federation under the United Nations Convention on the Law of the Sea on October 4, 2013 after the Russian Federation had boarded the vessel and arrested it and its crew. The article discusses the subsequent arbitral proceedings and in particular assesses the reasoning of the arbitral tribunal on the issue of hot pursuit. It concludes that the tribunal’s findings are controversial in several respects. Although the Russian Federation did not participate in the arbitration, it did issue a number of official statements and documents. The article provides …

Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran

International Law Studies

This article analyses the changes in the law and practice of exclusion zones in the law of armed conflict at sea. It identifies three principal phases. First, it explores the exclusion zones of the Russo-Japanese War of 1904–1905, which were modest in size and defensive in character. Second, it turns to the exclusion zones of the First World War and several subsequent conflicts. The exclusion zones of this period were fundamentally different to those of the Russo-Japanese war: if a vessel was within an exclusion zone, it was deemed susceptible to attack. The article then turns to the third phase …

The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero

Faculty Scholarship

No abstract provided.

An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green

Pace International Law Review

The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators …

A Dire Need For Legislative Reform, Patrick Dowdle

Pace International Law Review

In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result …

Book Review: Law Of The Sea: U.S. Policy Dilemma. Eds. Bernard H. Oxman, David D. Caron, & Charles L.O. Buderi. San Francisco, California: Institute For Contemporary Studies Press, 1983., M. W. Janis

Georgia Journal of International & Comparative Law

No abstract provided.

Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress

Georgia Journal of International & Comparative Law

No abstract provided.

Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erik Franckx

Georgia Journal of International & Comparative Law

No abstract provided.

Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate

Faculty Books and Book Contributions

Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that …

Deepwater Transboundary Hydrocarbons: Considerations For Exploitation At The Edge Of Continental Margins Under The United Nations Convention On Thelaw Of The Sea (1982) Between Coastal States And The International Seabed Authority, Erik A. Neff

University of Miami International and Comparative Law Review

No abstract provided.

Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh

Georgia Journal of International & Comparative Law

No abstract provided.

Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer

Georgia Journal of International & Comparative Law

No abstract provided.

Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo

International Law Studies

No abstract provided.

The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl

Georgia Journal of International & Comparative Law

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.

The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck

Faculty Scholarship

The paper begins by briefly surveying the extent to which the convention’s provisions intersect with United States interests in the Arctic. Not surprisingly, there is extensive overlap. The paper then reviews arguments that UNCLOS is irrelevant or even antithetical to achieving these important U.S. interests. After critiquing the anti-UNCLOS arguments, the paper examines the case for UNCLOS. The paper focuses in particular on U.S. interests on the Arctic seafloor, arguing that these interests are extensive and that accession would help avert a wide range of potential political, legal, and regulatory challenges from foreign governments and corporations. The possibility of such …

Working Paper On The Development Of Guidelines For The Implementation Of Article 82, Aldo Chircop

Articles, Book Chapters, & Popular Press

This document is an issues paper concerning the implementation of Article 82 of the United Nations Convention on the Law of the Sea, 1982 (LOS Convention). It was commissioned by the International Seabed Authority (ISA) to assist discussion at an international workshop in Beijing in November 2012.

Piracy Prosecutions In National Courts, Maggie Gardner

Cornell Law Faculty Publications

At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the …

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.