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Articles 1531 - 1560 of 1994

Full-Text Articles in Law of the Sea

State Responsibility And Assessment Of Liability For Damage Resulting From Dumping Operations, George C. Kasoulides May 1989

State Responsibility And Assessment Of Liability For Damage Resulting From Dumping Operations, George C. Kasoulides

San Diego Law Review

The Contracting Members of the London Dumping Convention are considering the establishment of a liability regime for dumping operations. The obligation for the establishment of such a regime is included in the provisions of the Convention and is linked with a moratorium on dumping of radioactive waste. This article discusses general principles of state responsibility for environmental protection and the specific obligations for states and individuals included in the Convention. It examines evidence pointing to the recognition of a need for a liability regime, the nature of liability for dumping operations, and the associated issues of reparation and compensation systems. …

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The Ecosystem Model Mandate For A Comprehensive United States Ocean Policy And Law Of The Sea, Martin H. Belsky May 1989

The Ecosystem Model Mandate For A Comprehensive United States Ocean Policy And Law Of The Sea, Martin H. Belsky

San Diego Law Review

In this Article, Dean Belsky compares the premises and recommendations of the Stratton Commission, set up to formulate a comprehensive national program for marine affairs, to America's national ocean policy and program. The author then suggests that a mechanism exists to provide for the establishment of a coordinated and integrated national ocean policy. That mechanism is the new international law requirement of comprehensive research, planning, and management for the ocean's space and resources. This comprehensive model is binding in domestic law and can be implemented under existing statutes by existing federal and state agencies. In light of the absence of …

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Evidentiary Privileges And The Exclusion Of Derivative Evidence: Commentary And Analysis, James J. Dalessio May 1989

Evidentiary Privileges And The Exclusion Of Derivative Evidence: Commentary And Analysis, James J. Dalessio

San Diego Law Review

Invocation of an evidentiary privilege traditionally meant that the confidential communications of a holder were protected from disclosure during judicial, administrative, or legislative proceedings. This model of evidentiary privilege law does not take into account information gathered from unauthorized preproceeding disclosures of otherwise privileged communications. A minority of courts seem willing to exclude this derivative evidence with little or no explanation. These courts may unwittingly base their decision on privacy concepts recently proposed as one of the modern justifications for the existence of evidentiary privilege in law. Courts confronted with this issue analyze it in confusingly, and often contrastingly, different …

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New Sea Boundaries In A Swedish Perspective, Hugo Tiberg Jan 1989

New Sea Boundaries In A Swedish Perspective, Hugo Tiberg

Michigan Journal of International Law

Sweden's experiences in applying the principles of the new international law of sea boundaries have more than local interest. Zonebound on all sides and thus never able to determine unilaterally the limits of her newly declared zones, the country has been forced to maneuver in a tight geographical and political situation against smaller brothers on three sides and a dominant eastern neighbor. It has been a tricky game in the borderland between legal principles and pragmatism, where trump cards have been islands of "sufficient" size, and where points have been scored through moderation rather than by overstraining the rules of …

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From Cutlass To Cat-O'-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii Jan 1989

From Cutlass To Cat-O'-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii

Michigan Journal of International Law

This article will first discuss the historical background of mutiny, describing several of the major mutinies at sea that have been of interest to legal historians. Then will come an analysis of the history of piracy and an exploration of its symbiotic relationship with mutiny. Subsequent analysis will be given over to municipal law provisions outlawing mutiny - with concentration placed on the postures taken by those nation-states which subscribe to or are guided by the common law. A study of those relevant principles of international law regarded as controlling, as a consequence of historical vectors of force and municipal …

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Jurisdiction Over Foregin Flag Vessels And The U.S. Courts: Adrift Without A Compass?, Stefan A. Riesenfeld Jan 1989

Jurisdiction Over Foregin Flag Vessels And The U.S. Courts: Adrift Without A Compass?, Stefan A. Riesenfeld

Michigan Journal of International Law

Jurisdiction of a nation over vessels flying a foreign flag and over persons aboard such vessels should be a relatively simple and well settled matter. The sad fact, however, is that it is not. Moreover, the recent 1986 Maritime Drug Law Enforcement Act has added unnecessary and unexplainable confusion.

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Canada's Sovereignty Over The Northwest Passage, Donat Pharand Jan 1989

Canada's Sovereignty Over The Northwest Passage, Donat Pharand

Michigan Journal of International Law

In 1968, when this writer published "Innocent Passage in the Arctic," Canada had yet to assert its sovereignty over the Northwest Passage. It has since done so by establishing, in 1985, straight baselines around the whole of its Arctic Archipelago. In August of that year, the U. S. Coast Guard vessel Polar Sea made a transit of the Northwest Passage on its voyage from Thule, Greenland, to the Chukchi Sea. Having been notified of the impending transit, Canada informed the United States that it considered all the waters of the Canadian Arctic Archipelago as historic internal waters and that a …

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The High Seas And The International Seabed Area, Bernard H. Oxman Jan 1989

The High Seas And The International Seabed Area, Bernard H. Oxman

Articles

No abstract provided.

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The High Seas And The International Seabed Area, Bernard H. Oxman Jan 1989

The High Seas And The International Seabed Area, Bernard H. Oxman

Michigan Journal of International Law

This article is set out in three parts. The first section briefly describes the geographic scope of the sea. The second section analyzes the geographic scope of the high seas. The last section presents six agreed legal principles relevant to the seabed debate which – contrary to the tone of much of the debate - constitute a substantial and growing consensus on the elements of the legal regime of the seabed beyond coastal state jurisdiction. The article concludes by suggesting that more is agreed in this area than is often acknowledged, and that the broader debate would be aided by …

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Interference With Non-National Ships On The High Seas: Peacetime Exceptions To The Exclusivity Rule Of Flag-State Jurisdiction, Robert C.F. Reuland Jan 1989

Interference With Non-National Ships On The High Seas: Peacetime Exceptions To The Exclusivity Rule Of Flag-State Jurisdiction, Robert C.F. Reuland

Vanderbilt Journal of Transnational Law

Pursuant to the exclusivity rule of flag-state jurisdiction, a ship on the high seas is subject to the exclusive jurisdiction of the state whose flag she lawfully flies. Conversely, a state may not ordinarily interfere with those ships registered under the laws of another state. International law makes exception to this general rule in certain discrete circumstances. When such an exception exists, a state may lawfully stop, visit, search, and arrest a non-national ship on the high seas--a right normally reserved to the flag-state alone. These exceptions to the exclusivity rule of flag-state jurisdiction form the subject matter of this …

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Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt Jan 1989

Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt

Vanderbilt Journal of Transnational Law

This Essay discusses the merits of the dispute settlement provisions found in the 1982 United Nations Convention on the Law of the Sea, and calls for recognition and utilization of the provisions in all manner of disputes arising within the international legal community. Professor Kindt notes that despite the fact that the Convention's dispute settlement provisions represent the first time all major interest blocs of states have agreed upon a standard set of provisions for dispute settlement, the provisions have not received the attention they deserve. After analyzing the reasons for this lack of consideration, he urges that the dispute …

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Foreword: Current Perspectives On Law And Business In China, Stephen G. Wood Sep 1988

Foreword: Current Perspectives On Law And Business In China, Stephen G. Wood

BYU Law Review

No abstract provided.

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China's Reforms And Her External Relations, Arthur W. Hummel Jr. Sep 1988

China's Reforms And Her External Relations, Arthur W. Hummel Jr.

BYU Law Review

No abstract provided.

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Recent Chinese Legislation Assisting Foreign Investors To Solve Their Hard Currency Problem: Import Substitution And Other Options, Jerome Alan Cohen, Stuart J. Valentine Sep 1988

Recent Chinese Legislation Assisting Foreign Investors To Solve Their Hard Currency Problem: Import Substitution And Other Options, Jerome Alan Cohen, Stuart J. Valentine

BYU Law Review

No abstract provided.

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An American In Beijing: Perspectives On The Rule Of Law In China, Cole R. Capener Sep 1988

An American In Beijing: Perspectives On The Rule Of Law In China, Cole R. Capener

BYU Law Review

No abstract provided.

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The Recent Liberalization Of Exchange Controls And Its Legal Impact On Doing Business In Taiwan, William F. Atkin Sep 1988

The Recent Liberalization Of Exchange Controls And Its Legal Impact On Doing Business In Taiwan, William F. Atkin

BYU Law Review

No abstract provided.

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The Exclusive Economic Zone Of The Northwestern Hawaiian Islands: When Do Uninhabited Islands Generate An Eez, Jon M. Van Dyke, Joseph Morgan, Jonathan Gurish May 1988

The Exclusive Economic Zone Of The Northwestern Hawaiian Islands: When Do Uninhabited Islands Generate An Eez, Jon M. Van Dyke, Joseph Morgan, Jonathan Gurish

San Diego Law Review

Hawaii is the only state in the United Stats that consists solely of islands. These islands are unique among the states in climate and life style, and they present unique problems to those who would define their jurisdiction over the adjacent ocean areas. The eight main inhabited Hawaiian islands are entitled to territorial seas, contiguous zones, exclusive economic zones, and continental shelves, which are measured in the same way that similar zones are delineated outward from continental land territories. To the northwest of these main islands is a chain of smaller insular outcroppings that are a wildlife preserve for sea …

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Will Canada Ratify The Law Of The Sea Convention, Ted L. Mcdorman May 1988

Will Canada Ratify The Law Of The Sea Convention, Ted L. Mcdorman

San Diego Law Review

In this Article, Professor McDorman discusses the fact that five years after the completion of the Law of the Sea Convention, Canada has not yet ratified the convention nor has it offered hints as to whether it will ratify the Convention. The author contrasts this stance with the fact that that Canada was a signatory, is one of its major beneficiaries, and that many of its high ranking officials expressed praise for the final document. Moreover, Canada has extensive economic interests in the ocean. The question of Canadian ratification of the LOS Convention is addressed from three perspectives: as a …

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The Effect Of A Petition For Decertification On The Bargaining Process: The Reversal Of Dresser Industries, Timothy Silverman May 1988

The Effect Of A Petition For Decertification On The Bargaining Process: The Reversal Of Dresser Industries, Timothy Silverman

San Diego Law Review

In Dresser Industries, the National Labor Board held that an employee-filed petition for decertification does not permit an employer to refuse to bargain with the incumbent union. This Comment submits that the National Labor Relations Board should return to the rule that Dresser Industries expressly overruled. This Comment argues that the Telautograph Corporation rule requiring an employer to refuse to bargain, is the more workable and practical of the two conflicting rules and is more likely to achieve the legislative goals of the National Labor Relations Act.

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Foreign Search And Seizure: The Fourth Amendment At Large, Kimberly A. Strang May 1988

Foreign Search And Seizure: The Fourth Amendment At Large, Kimberly A. Strang

San Diego Law Review

The Administration's recent policy of "Say No to Drugs" has sparked a veritable war on drugs within our country. Outside our borders, on the high seas, and in foreign lands, the war on drugs has been fought to prevent their entry through our borders. This "war" is encroaching on the fourth amendment rights of persons suspected of drug trafficking who are subjected to search and seizure. This Comment examines the fourth amendment protection these people have received, and argues that the courts should uphold the fourth amendment, rather than pay it verbal service.

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Coastal State Fishery Regulation Under International Law: A Comment On The La Bretagne Award Of July 17, 1986 (The Arbitration Between Canada And France), William T. Burke May 1988

Coastal State Fishery Regulation Under International Law: A Comment On The La Bretagne Award Of July 17, 1986 (The Arbitration Between Canada And France), William T. Burke

San Diego Law Review

It is now almost six years since the adoption of the LOS Convention and over ten years since the general acceptance of unilaterally extended fisheries jurisdiction, but we are still only in the early phases of working out the implications of these events for wealth and other value distributions. Establishing national fisheries regimes is a difficult and time-consuming task, even for the leading developed nations.

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Finding Federalism In The Admiralty: "The Devil's Own Mess" Revisited, J.B. Ruhl Apr 1988

Finding Federalism In The Admiralty: "The Devil's Own Mess" Revisited, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The federalism aspect of the United States Supreme Court's admiralty jurisprudence has long been adrift.' No feature of admiralty law illustrates the Court's difficulties in this regard better than maritime wrongful death remedies. From the beginning of the Court's involvement with maritime wrongful death remedies in The Harrisburg to its most recent decision on the subject in Offshore Logistics v. Tallentire, the Court's jurisprudence in this area has been characterized by inconsistency.

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The Marine Transportation Of Hazardous And Dangerous Goods In The Law Of The Sea - An Emerging Regime, Aldo E. Chircop Mar 1988

The Marine Transportation Of Hazardous And Dangerous Goods In The Law Of The Sea - An Emerging Regime, Aldo E. Chircop

Dalhousie Law Journal

The transportation of hazardous and dangerous goods by road, rail, inland waterways, air and sea and also multimodally is a subject characterized by both interdependence and convergence of interests. The international community has been seized of this problem from many directions. It involves a wide range of actors and multidisciplinary challenges. It is submitted that a complex regime is in the making.

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International Organizations And The Law Of The Sea: Documentary Yearbook, 1985, L C. Green Mar 1988

International Organizations And The Law Of The Sea: Documentary Yearbook, 1985, L C. Green

Dalhousie Law Journal

It was only to be expected that upon the adoption of the 1982 United Nations Convention on the Law of the Sea, there would be a plethora of publications, academic and otherwise, on various aspects of the law of the sea. What is perhaps not generally known is the number of international organizations that have occasion to issue documents relating to the law of the sea, and, even when it is known, these are in such a variety of places that it is almost impossible for any but the most determined researcher to seek them out. The Netherlands Institute for …

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A Guide To Maritime Boundary Delimitation, Ted L. Mcdorman Mar 1988

A Guide To Maritime Boundary Delimitation, Ted L. Mcdorman

Dalhousie Law Journal

This is not a book for lawyers. This is not a book written by lawyers. It is a book written by hydrographers for hydrographers. However, because the book deals with maritime boundary delimitation it is a book of interest to an audience far beyond hydrographers, since ocean boundaries concern lawyers, political scientists, economists, sociologists, fishermen, resource-specialists and a wide range of other professionals.

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The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis Jan 1988

The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis

UIC Law Review

No abstract provided.

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Straight Baselines In International Law: A Call For Reconsideration, Gayl S. Westerman Jan 1988

Straight Baselines In International Law: A Call For Reconsideration, Gayl S. Westerman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman Jan 1988

Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.

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Book Review, Christopher C. Joyner Jan 1988

Book Review, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

The message sounded in Marine Pollution and the Law of the Sea is that it is not too late. International law can still be fashioned to control marine pollution more prudently, more effectively, and more comprehensively. The critical ingredient, however, for obtaining this self-imposed policy of international legal restraint is generation of the national political will among polluter governments to do so. To work efficaciously, law first must be agreed upon, then subscribed to, and ultimately, either obeyed or enforced. If international policies and programs are to work, governments must want them to work. In this modern era of rising …

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A Comparison Of Soviet And American Maritime Arbitration, Timothy A. Power Jan 1988

A Comparison Of Soviet And American Maritime Arbitration, Timothy A. Power

Vanderbilt Journal of Transnational Law

Maritime arbitration has a long history both in the United States, where it dates from the late 19th century, and in the Soviet Union, where the permanent arbitration body known as the Maritime Arbitration Commission (MAC or Commission) has existed since 1930. Although both countries have similar procedures for maritime arbitration, the history, ideology, and commercial goals of each country have created systems that differ markedly in approach and style. The American experience has fostered an ad hoc system where the parties establish arbitration panels as disputes arise and where the parties have almost unlimited discretion in choosing arbitrators and …

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