Law of the Sea Commons^™

Australia And Canada In Regional Fisheries Organizations: Implementing The United Nations Fish Stocks Agreement, Rosemary Rayfuse, Marcus Haward, Gregory Rose, Sali Bache

Dalhousie Law Journal

In the late 1980s and early 1990s a number of factors and events coalesced to encourage the international community to re-examine high seas fisheries issues. The need to enhance the effectiveness of regional fisheries organizations led to the development of the 1995 United Nations Fish Stocks Agreement, dealing with straddling and highly migratory stocks. Both Canada and Australia played a significant role in the development of this agreement While having much in common, each state had different interests and concerns Canada's attention was focused on the problem of straddling stocks, while Australia 's interests have been primarily, though not exclusively, …

Solving The Greek Turkish Boundary Dispute, Scott Keefer

Cardozo Journal of International and Comparative Law

The article proposes a structured approach to resolving the Aegean Sea dispute between Greece and Turkey by advocating for the separation of issues, such as delimitation of the continental shelf through arbitration and direct negotiations for islet ownership. It emphasizes the importance of considering equitable principles and historical precedents to build trust and stability, suggesting that resolving the Aegean dispute independently could facilitate progress on the more contentious Cyprus issue.

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 …

Suriname-Guyana Maritime And Territorial Disputes: A Legal And Historical Analysis, Thomas W. Donovan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Jonathan I. Charney: A Tribute, Richard B. Bilder

Vanderbilt Journal of Transnational Law

I first met Jonathan in 1967 when he was a student in my international law class at the University of Wisconsin Law School. It was only my second year of teaching--I had just come to Wisconsin after some years with the State Department's Office of Legal Adviser. But Jonathan was a generous and forgiving, as well as excellent, student and somehow we both got through the course. Anyway, Jonathan became, first, the student of whom I was most fond; then, as his career developed, the student of whom I was most proud; and, eventually, as the years passed and our …

A Less Tragic Commons?: Using Harvester And Processor Quotas To Address Crab Overfishing, Avi Brisman

Seattle University Law Review

Part II of this Comment provides a brief overview of the history of the Magnuson Act. Part III describes the current status of the BSAI crab fisheries and the need for crab rationalization. In Part IV, this Comment examines NPFMC's preferred alternative—the three-pie voluntary cooperative program as set forth in its Bering Sea Crab Rationalization Program Alternatives: Public Review Draft (May, 2002) and Summary of the North Pacific Fishery Management Council's Bering Sea and Aleutian Islands Crab Rationalization Program Submitted to the United States Congress, August, 2002. Part V looks at the legal issues surrounding processor quotas, focusing specifically on …

Jonathan I. Charney: An Appreciation, W. Michael Reisman

Vanderbilt Journal of Transnational Law

Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Australia's Tampa Incident: The Convergence Of International And Domestic Refugee And Maritime Law In The Pacific Rim: Introduction To The Maritime Law Forum, Craig Allen

Articles

The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the United …

Conflicting Territorial Claims In The South China Sea, Jean Ver Pugal Pia

World Maritime University Dissertations

No abstract provided.

The Law Of Collision And The United States Navy, J. Michael Lennon

Buffalo Law Review

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.

Table Of Contents (Volume 76)

International Law Studies

No abstract provided.

Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan

San Diego International Law Journal

The purpose of this Article is to examine recent developments in the long-standing struggle by the United States and Mexico to cope with managing cross-border wastewater. Two notable legal developments have occurred recently that are fundamental to understanding the situation today. One is legislative, and the other is judicial. Neither has received scholarly comment. The first is the enactment of Tijuana River Valley Estuary and Beach Cleanup Act, which was signed into United States' law in 2000. It signified a significant change in policy by Congress. Prior to the enactment of the Cleanup Act, the international agreement contained in Minute …

Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel

San Diego International Law Journal

This Comment will argue that the EPA may regulate the emissions of large sea-going vessels flying foreign flags that enter the territorial sea, contiguous zone, or Exclusive Economic Zone (EEZ) of the United States, under Section 213 of the CAA, notwithstanding conventional and customary Law of the Sea and other international treaties governing vessel source pollution. Part II of the comment presents background material that explains the provisions of the CAA, which mandate the EPA to regulate international shipping vessels. This section also presents the regulatory schemes developed by the IMO and the EPA. Part III evaluates whether the EPA …

Rescued At Sea, But Nowhere To Go: The Cloudy Legal Waters Of The Tampa Crisis, Jessica E. Tauman

Washington International Law Journal

On August 26, 2001, the Norwegian cargo ship MV Tampa rescued 438 passengers from a sinking ferry in the Indian Ocean. Most of the rescued were migrants from Afghanistan on their way to Australia. When the Tampa reached Australian waters, it was refused entry and a weeklong standoff between Norway, Indonesia, and Australia ensued. A shipmaster's duty to rescue is well established in international law, recognized by both the United Nations Convention on the Law of the Sea and the International Convention for the Safety of Life at Sea. What is not clear is whether a corresponding legal duty applies …

United States And Territorial Disputes In The South China Sea: A Study Of Ocean Law And Politics, Yann-Huei Song

Maryland Series in Contemporary Asian Studies

No abstract provided.

The"Grand Prince" (Belize V. France).Judgment. Itlos Case No. 8. At'. International Tribunal For The Law Of The Sea, April 20, 2001., Bernard H. Oxman, Vincent P. Bantz

Articles

No abstract provided.

A 21st Century Perspective On Peru And The 1982 United Nations Convention On The Law Of The Sea, Pedro Nolasco Terry Guillen

World Maritime University Dissertations

The adoption of the United Nations Convention on the Law of the Sea in 1982, constituted the major political and legal achievement that the International community has ever achieved, regarding the uses of the sea. It is considered as the Constitution of the Oceans binding upon all States, whether they are party or not to the Convention, as part of the current customary international law. Countries holding unilateral positions in this regard are every day less accepted and supported by the international community as a whole.

The fundamentals of the 200nm thesis are now part of the main legal regimes …

Cooperation Between Coastal States And User States In The Malacca And Singapore Straits Under Article 43 Of The Unclos 1982 United Nations Convention On The Law Of The Sea : Cost Burden Sharing And Possible Solutions For The Establishment Of A Funding Mechanism, Ryoji Hayashi

World Maritime University Dissertations

No abstract provided.

A 21st Century Perspective On Peru And The 1982 United Nations Convention On The Law Of The Sea Unclos Iii, Pedro Nolasco Terry Guillen

World Maritime University Dissertations

The adoption of the United Nations Convention on the Law of the Sea in 1982, constituted the major political and legal achievement that the International community has ever achieved, regarding the uses of the sea. It is considered as the Constitution of the Oceans binding upon all States, whether they are party or not to the Convention, as part of the current customary international law. Countries holding unilateral positions in this regard are every day less accepted and supported by the international community as a whole. The fundamentals of the 200nm thesis are now part of the main legal regimes …

Trends. Accountability In Security Organizations: The Case Of The United States Navy, Ibpp Editor

International Bulletin of Political Psychology

Controversy surrounds the adjudication of the United States Navy (USN) commander whose submarine collided with and then sank a Japanese fishing boat in February 200l. The USN has Issued a letter of reprimand to the commander and is allowing him to leave the Navy with full pension based on his current rank, as opposed to authorizing a court-martial that would have rendered the commander liable to very serious criminal charges and sentences. At Issue have been the effects of the adjudication on military personnel aware of the adjudication.

A Comment On The New International Convention On Arrest Of Ships, 1999, Robert W. Lynn

University of Miami Law Review

No abstract provided.

Presidential Proclamation 7219: Extending The United States' Contiguous Zone-Didn't Someone Say This Had Something To Do With Pollution?, James Carlson

University of Miami Law Review

No abstract provided.

Raiders Of The Lost . . . Sub? The Potential For Private Claims Of Ownership To Military Shipwrecks In International Waters: The Case Of Japanese Submarine I-52, Stephen Paul Coolbaugh

Buffalo Law Review

No abstract provided.

Complementary Agreements And Compulsory Jurisdiction, Bernard H. Oxman

Articles

No abstract provided.

Paradox On The High Seas: Evasive Standards Of Medical Care - Duty Without Standards Of Care; A Call For The International Regulation Of Maritime Healthcare Aboard Ships, 34 J. Marshall L. Rev. 751 (2001), Thomas A. Gionis

UIC Law Review

No abstract provided.

The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain

Michigan Journal of International Law

The following study considers the role that should be assumed by a presiding judge to ensure full respect for the rule of law internationally. The foundation for this study lies in an examination of the dispute settlement provisions of the Law of the Sea Convention as well as its mechanism for the settlement of disputes-the International Tribunal for the Law of the Sea. The Tribunal was called upon to deliver judgment in the MIV Saiga case. The judgment, along with the primary dissenting opinion, are considered, compared, and analyzed in order to demonstrate the extent to which the judgment is, …