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 …

The Potential Impact Of Aboriginal Title On Aquaculture Policy, Diana Ginn

Articles, Book Chapters, & Popular Press

This chapter discusses the potential impact of aboriginal property rights on the development of aquaculture policy by considering whether such rights could provide a basis for First Nation peoples to participate in aquaculture or to manage the participation of others in this industry. The purpose of the chapter is to describe the relevant law as it now stands, to identify issues that have not yet been decided and to consider how the courts might approach such issues in the future.

A Principled Approach To Property Rights In Canadian Aquaculture, Phillip Saunders, Richard Finn

Articles, Book Chapters, & Popular Press

The 1995 Federal Aquaculture Development Strategy summarized some of the difficulties facing aquaculture development in a federal state such as Canada, where the jurisdictional entitlements relevant to this “new” (or at least newly significant) industry are by no means clear:

Aquaculture is a formidable policy challenge. As a new industry, it straddles the line between fishing and farming, cuts across significant regional differences and is placed in a context involving the participation of municipal, provincial/territorial and federal governments.

Climate Change And The Use Of The Dispute Settlement Regime Of The Law Of The Sea Convention, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article explores the connection between obligations to reduce greenhouse gas (GHG) emissions under the climate change regime and obligations to protect the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). Within the context of the state of the science on the links between climate change and the marine environment, the article considers whether the emission of greenhouse gases as a result of human activity constitutes a violation of various obligations under the UNCLOS. Having identified a number of possible violations, the article proceeds to consider the application of the binding dispute settlement process …

The Cherry Valley Case: How Wrong Can Economists Be About Salvage?, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.

Integrating Maritime Industry And Coastal And Ocean Management : An Assessment Of The Situation In Portugal, Goncalo Carneiro

World Maritime University Dissertations

No abstract provided.

International Law Principles Of Continental Shelf Delimitation And Sino-Japanese East China Sea Disputes, Ying Cai

World Maritime University Dissertations

No abstract provided.

Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon

San Diego International Law Journal

In recent years, as technology permitting previously impossible underwater salvage operations has become available, ancient principles of the laws of salvage and of finds as applied to sunken ships have come under attack. Those who would limit or preclude the application of salvage and finds principles and the conduct of salvage operations in the context of shipwrecks have advocated changes in both the common law of admiralty and in related statutory law. They have also supported an international convention on the subject. Academic commentary favoring heightened preservation praises these developments and promotes further initiatives to protect the "underwater cultural heritage" …

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. …

From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle

PhD Dissertations

This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law …

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

ExpressO

No abstract provided.

Nature And Extent Of Rights To Fish In Western Australia. Final Report., Department Of Fisheries

Fisheries Management Papers

This report (‘Nature and Extent of Rights to Fish in Western Australia’) is not a policy document. It has been written to assist Government and stakeholders alike in reaching a common position on the issue of fisheries access rights in Western Australia. The report is intended to inform policy makers and stakeholders in gaining an understanding of fisheries legislation in Western Australia and the mechanisms and implications of resource allocation shifts. Its main use will be as a reference document and not a full treatise on the law. The report examines the common law position in the waters in respect …

Maritime Law, George Strathy

Dalhousie Law Journal

This substantial work. written by three members of the faculty of the Marine and Environmental Law Institute at Dalhousie University, is part of the Irwin Law, Essentials of Canadian Law series. Running to just over 800 pages of text, it covers the waterfront, so to speak, of its subject matter. An indication of the scope of the text is reflected in the division of labour among the three authors. They co-authored an introductory chapter and each took responsibility for writing different chapters of the rest of the book. Edgar Gold, a former ship captain and a Master Mariner, has been …

Adapting To Sea Change: Managing Marine Resources In The Face Of Climate Uncertainties, Stephen T. Hesse

Sustainable Development Law & Policy

No abstract provided.

Flags Of Convenience Before The Law Of The Sea Tribunal, Tullio Treves

San Diego International Law Journal

Reflagged vessels and vessels flying flags of convenience (two phenomena that most often coexist) are frequent features in cases brought before the International Tribunal for the Law of the Sea (ITLOS or the Tribunal). Of all the cases decided by the Tribunal, only the Southern Bluefin Tuna cases and the MOX Plant case had nothing to do with this phenomenon; and only the former, which concerns fishing, somehow involves ships.

The 1953 International North Pacific Fisheries Convention: Half-Century Anniversary Of A New Department In Ocean Law, Harry N. Scheiber

San Diego International Law Journal

In the broadest historical perspective, the Convention laid the groundwork for the modern-day norm of multi-lateralist style and structure for sustainable management of ocean resources. It is fitting, then, that a conference bringing together experts on ocean law and policy from many countries would have gathered in 2003 at the University of California, Berkeley to consider the current-day initiatives in multilateralism and, at the same time, to recall their origins and precursors starting with the International North Pacific Fisheries Convention.

Recollections Of The 1952 International North Pacific Fisheries Convention: The Decline Of The Principle Of Abstention, Shigeru Oda

San Diego International Law Journal

Having recently completed twenty-seven years on the bench of the International Court of Justice in The Hague, I have just returned to Sendai, Japan, my home town. Please permit me therefore to offer some personal recollections of the time fifty years ago when, as a graduate law student from occupied Japan traveling on a passport issued by General MacArthur, Supreme Commander of the Allied Powers in Japan, I began preparation of my doctoral dissertation at Yale Law School.

The Pacific Ocean And U.S.-Japan Relations: A Way Of Looking Back At The 20th Century, Akio Watanabe

San Diego International Law Journal

Speaking of a "Pacific Age" is now commonplace. About a hundred years ago, however, it was almost a flight of fancy. In 1890, Manjiro Inagaki, a Cambridge-educated Japanese diplomat, wrote: "Without doubt the Pacific will in the coming century be the platform of commercial and political enterprise. This truth, however, escapes the eyes of ninety-nine out of a hundred, just as did the importance of Eastern Europe in 1790 and of Central Asia in 1857." Inagaki's belief was based on the seemingly inevitable clash of interests between England and Russia in those years. The rivalry for spheres of influence between …

Japan, The North Atlantic Triangle, And The Pacific Fisheries: A Perspective On The Origins Of Modern Ocean Law, 1930-1953, Harry N. Scheiber

San Diego International Law Journal

I seek to establish here the degree to which multilateralism prevailed in the postwar era, or instead was overcome by unilateralist objectives and methods in pursuit of national interests. The empirical basis and special focus in much of my analysis is the discussion of Canada's role in regard to the diplomacy of the Pacific fisheries and more generally in regard to the process of developing modern ocean law as reflected in Canadian-U.S.-Japanese-British relations.

Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke

San Diego International Law Journal

The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.

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.

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

ExpressO

No abstract provided.

Vol. 26, No. 12 (April 12, 2004)

Indiana Law Annotated

No abstract provided.

It Don't Come Eez: The Failure And Future Of Coastal State Fisheries Management, Donna R. Christie

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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.

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 …

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 …

Full Volume 79: International Law And The War On Terror

International Law Studies

No abstract provided.

Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron

San Diego International Law Journal

The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …

Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag

Dalhousie Law Journal

Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …