Law of the Sea Commons^™

Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell

Celebrating WCL Student Authors

The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various …

A Sustainable Seabed Mining Asset Valuation Code Framework, Keith Macmaster

PhD Dissertations

Seabed mining is governed by the United Nations Convention on the Law of the Sea, the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, the Mining Code, domestic laws of member states, and international law. The central tenets of seabed mining law are to develop the industry in accordance with the Common Heritage of Mankind, provide equitable sharing of financial and economic benefits derived from seabed mining activities, and protect and preserve the marine environment. Moreover, seabed mining must be developed and operated to not …

Sustainable Seabed Mining And The Phase 1 Environmental Standards And Guidelines, Keith Macmaster

Articles, Book Chapters, & Popular Press

The oceans are home to a rich diversity of plant and animal life and a source of food and marine resources that drive economies. Climate change and pollution are changing ocean dynamics and the ability to support life. Seabed mining in areas beyond national jurisdiction will add to the ocean's stressors and could cause severe environmental damage. The International Seabed Authority (“ISA”) is mandated to manage access to and benefits from the seabed, its subsoil and mineral resources in areas beyond national jurisdiction (the “Area”). Although the United Nations Convention on the Law of the Sea sets out the legal …

Enclosure Of The Oceans Versus The Common Heritage Of Mankind: The Inherent Tension Between The Continental Shelf Beyond 200 Nautical Miles And The Area, Michael W. Lodge

International Law Studies

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is a major achievement of diplomacy in the late twentieth century and is rightly regarded as the “constitution for the ocean.” UNCLOS has withstood the test of time and has demonstrated its flexibility and adaptability to changing circumstances. Notwithstanding, there is an underlying tension at the heart of UNCLOS as it tries to reconcile two fundamentally different approaches—the exclusivity of coastal State jurisdiction versus the international character and shared space of the Area beyond national jurisdiction. As the search for mineral deposits in the Area intensifies, and as …

Diving To New Depths: How Green Energy Markets Can Push Mining Companies Into The Deep Sea, And Why Nations Must Balance Mineral Exploitation With Marine Conservation, Catherine Danley

William & Mary Environmental Law and Policy Review

No abstract provided.

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 …

The Kimberley Process As A Framework For Regulating Conflict Oil And Gas Sourced From The South China Sea, Jamie Huffman

William & Mary Environmental Law and Policy Review

No abstract provided.

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, …

The South China Sea Arbitration Award, Bernard H. Oxman

University of Miami International and Comparative Law Review

No abstract provided.

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

Georgia Journal of International & Comparative Law

No abstract provided.

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 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.

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.

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson

Articles

• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress

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.

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.

A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity, Jonathan Bellish

San Diego International Law Journal

Around 2005, maritime piracy made a troubling resurgence three quarters of a century after a consensus had been reached that the age of piracy had permanently ended. Yet piracy returned in a slightly different form, with pirates relying more on land-based facilitators than their historical counterparts. Maritime piracy’s reappearance made ripe for consideration the question of whether a facilitator of maritime piracy must be physically present on the high seas while facilitating in order to be subject to universal jurisdiction. This Article undertakes an analysis of the text, statutory context, history, and policy impetus behind UNCLOS art. 101 as it …

How Exclusive Is The Exclusive Economic Zone : Contemporary Analysis Of The United Nations Convention On The Law Of The Sea 1982, Oscar Garrido-Lecca Hoyle

World Maritime University Dissertations

International agreements as maritime international laws are the main tool for the sustainable development of the protection and employment of the oceans and seas. Dealing with maritime issues that arise every day, requires a highly focused analysis and establishment of principles and rules to prevent these problems. Globalization provides the opportunity to carry out business around the world and its development has created transnational companies. Technological advances have allowed extended opportunities to explore and exploit the natural resources of the seas, with the resulting risk of these resources becoming extinct if such activities are not controlled. In this scenario, the …

The Northern Arabian Gulf : A Critical Area For Maritime Safety And Security, Sameer A. Marzoq

World Maritime University Dissertations

The purpose of this study is to look for a solution for the problem on maritime safety and security in The Northern Arabian Gulf (NAG). Due to the absence of an agreement between the countries of the North Arabian Gulf and the existence of cases of instability, which took advantage of the other parties to carry out criminal acts adversely affect the safety and security of the region came this research for the purpose of shedding light on this problem and then propose appropriate solutions in accordance with international laws of the seas and oceans. It also intends to provide …

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.

Implications Of Global Warming On State Sovereignty And Arctic Resources Under The United Nations Convention On The Law Of The Sea: How The Arctic Is No Longer Communis Omnium Naturali Jure, Parker Clote

Richmond Journal of Global Law & Business

No abstract provided.

Invasive Seaweed: Global And Regional Law And Policy Responses, Meinhard Doelle, Moira Mcconnell, David Vanderzwaag

Articles, Book Chapters, & Popular Press

We consider law and policy responses to invasive seaweeds at global and regional levels. Key global regimes considered include the 1982 United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, the Ramsar Convention and the Bonn Convention on Migratory Species. Contributions from the Food and Agriculture Organization and the International Maritime Organization are also considered in the global context. At a regional level, examples of efforts in North America and Europe are offered to illustrate challenges and opportunities for regional responses to invasive seaweeds. We conclude with law and policy recommendations, most notably the need …

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. …

Scientific Cooperation In The North Pacific: The Pices Project, Warren S. Wooster, Sara F. Tjossem

San Diego International Law Journal

While individuals carry out scientific research, their local, national, and international institutions also play an important role. This is particularly true in the case of marine science, where the vast scale and complexity of ocean resources demands not only cooperation among individuals and their institutions, but also an interdisciplinary approach that allows for interaction among fields such as physics and biology. Marine science also demands effective interaction between those who seek understanding of natural systems and their resources and those who wish to apply that understanding in utilizing those resources.

Lessons From The Protracted Mox Plant Dispute: A Proposed Protocal On Marine Environmental Impact Assessment To The United Nations Convention On The Law Of The Sea, Maki Tanaka

Michigan Journal of International Law

Although the ITLOS order attempted to facilitate dialogue between the parties, the Tribunal was incapable of addressing the root cause of the MOX plant controversy, namely the lack of an adequate mechanism for transboundary environmental impact assessment at the onset of the conflict under UNCLOS. Similarly, the OSPAR and Annex VII tribunals have failed to bring about the efficient resolution of this procedural environmental dispute. This Article addresses the prevention of similar incidents by proposing the creation of a marine environmental impact assessment protocol to UNCLOS to make assessment procedures operational from the initial stage of controversial projects.