Law of the Sea Commons^™

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

International Law Studies

No abstract provided.

Actual And Future Threats Emaniting From The Commons: A Chiliean Approach, Francisca Moller, Jorge Balaresque

International Law Studies

No abstract provided.

Security In The Strait Of Malacca And The Regional Maritime Security Initiative: Responses To The Us Personnal, Yann-Huei Song

International Law Studies

No abstract provided.

Buckeye Check Cashing, Inc. V. Cardegna: The Latest Example Of How The Supreme Court Has Turned The Federal Arbitration Act Into A State-Defying Monstrosity, Brian C. Groesser

North Carolina Central Law Review

No abstract provided.

A Tribute To Louis Sohn - Is The Dispute Settlement System Under The Law Of The Sea Convention Working?, Bernard H. Oxman

Articles

No abstract provided.

The Eu Adopts An Integrated Maritime Policy And Action Plan: Is The U.S. Far Behind Or Ahead?, Joan M. Bondareff

Sustainable Development Law & Policy

No abstract provided.

Heightened Security: The Need To Incoporate Articles 3Bis(1)(A) And 8 Bis(5)(E) Of The 2005 Draft Sua Protocol Into Part Vii Of The United Nations Convention On The Law Of The Sea, Caitlin A. Harrington

Washington International Law Journal

Maritime terrorism on the Pacific Ocean is a growing threat. Terrorists can take advantage of widening gaps in the world’s maritime security regime. The current incarnation of the legal framework surrounding the nonflag-state right of visit has exacerbated emerging weaknesses. The world must be willing to allow nonflag states greater power to board vessels on the high seas that are suspected of participating in maritime terrorism. The ship-boarding procedures within the 2005 Draft Protocol to the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation are a step in the right direction. They do not …

Attaining Optimal Deterrence At Sea: A Legal And Strategic Theory For Naval Anti-Piracy Operations, Michael Bahar

Vanderbilt Journal of Transnational Law

On January 21, 2006, a guided missile destroyer accomplished the U.S. Navy's first capture of suspected pirates in recent memory. As the Staff Judge Advocate for the NASSAU Strike Group, the Author advised the seizure, led the onboard investigation, oversaw the shipboard detentions, and testified at the trial in Kenya.

Drawing upon this experience, the Author constructs a comprehensive legal and strategic theory for piracy, defining the legal status of pirates and deriving the due process rights that should be afforded them.

The Article also analyzes the evolution of customary and positive international law to demonstrate that, contrary to conventional …

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 …

Ethiopia's Sovereign Right Of Access To The Sea Under International Law, Abebe T. Kahsay

LLM Theses and Essays

Since Eritrea’s secession from Ethiopia there has been continuous opposition by intellectuals and the opposition to the government’s policy of making Ethiopia a landlocked country. Some totally reject the secession, while others accept the independence as a "fait accompli" and voice concern over the lack of an outlet to the sea, and still others acknowledge the right of self-determination and secession of Eritrea but denounce the inconsistency of the application of the Transitional Charter regarding the Red Sea Afar and the Algiers Agreement for denying Ethiopia its legitimate right to access to the sea and allege that the government is …

Toward 2015, Challenges For A Medium Navy: An Australian Perspective, Raydon Gates

International Law Studies

No abstract provided.

Future Navies - Present Issues, Jane G. Dalton

International Law Studies

No abstract provided.

The International Tribunal For The Law Of The Sea And The Possibility Of Judicial Settlement Of Disputes Involving The Fishing Entity Of Taiwan - Taking Ccsbt As An Example, Yann-Huei Song

San Diego International Law Journal

The main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of …

Comparative Approaches To Security And Maritime Border Control, Dale Stephens

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.

Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen

International Law Studies

No abstract provided.

The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye

International Law Studies

No abstract provided.

Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism

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.

Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim

International Law Studies

No abstract provided.

The Unique And Protected Status Of Hospital Ships Under The Law Of Armed Conflict, D.L. Grimord, G.W. Riggs

International Law Studies

No abstract provided.

The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens

International Law Studies

No abstract provided.

Full Volume 80: Issues In International Law And Military Operations

International Law Studies

No abstract provided.

The Interrelation Between The Law Of The Sea Convention And Customary International Law, Martin Lishexian Lee

San Diego International Law Journal

The 1982 United Nations Convention on the Law of the Sea (LOSC) is a successful attempt by the international community to codify and unify the law of the sea. After long negotiations, the LOSC opened for signature at the Third United Nations Conference on the Law of the Sea (UNCLOS III) in 1982. Together with its two formal associations, the Part XI Implementation Agreement 1994 and the Straddling and Migratory Fish Stocks Agreement 1995, it is regarded as one of the most comprehensive documents ever adopted by the international community. The LOSC not only succeeded in addressing all topics covered …

Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Towards Principled Oceans Governance: Australian And Canadian Approaches And Challenges, Donald R. Rothwell, David Vanderzwaag

Books

Australia and Canada have been at the forefront of efforts to operationalize integrated oceans and coastal management. Throughout the 1990s both countries devoted considerable effort to developing strategies to give effect to international ocean management obligations.

This key book focuses on principles of marine environmental conservation and management, maritime regulation and enforcement, and regional maritime planning and implementation. With contributions from respected scholars, this informative book collectively assesses the obligations, compliance, implementation and trends in international ocean law, particularly in giving effect to an Oceans Policy, regional maritime planning, international oceans governance, and maritime security. This book will be of …