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Articles 961 - 990 of 1994

Full-Text Articles in Law of the Sea

Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy May 2016

Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy

International Human Rights Law Journal

Many cynics of the universality of international human rights point to persistent large-scale human-rights abusing regimes, such as the Democratic Republic of North Korea, as proof that there is nothing at all universal about human rights. This essay is an attempt to root out the implications of internal national policies on the suitability of international human rights whilst reinforcing their universality. The author of this essay, a military lawyer, reaches the conclusion that the pump of universal human rights don't work within the North Korea cause the vandals took the handle.


A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer May 2016

A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer

International Human Rights Law Journal

The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in …


Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley May 2016

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

International Human Rights Law Journal

Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial …


Blessings And Curses: Israel And Lebanon's Maritime Boundary Dispute In The Eastern Mediterranean Sea, Andrew Shibley May 2016

Blessings And Curses: Israel And Lebanon's Maritime Boundary Dispute In The Eastern Mediterranean Sea, Andrew Shibley

Global Business Law Review

This note argues that Israel and Lebanon should submit their maritime border dispute to an arbitral tribunal under the United Nations Convention on the Law of the Sea. Before submitting the dispute to the tribunal, the two countries should agree upon an exclusive appellate remedy to be used in the event that at least one country is unsatisfied with the decision of the arbitrators. Alternatively, Israel and Lebanon could employ other dispute resolution options under the United Nations Convention on the Law of the Sea, or submit to the International Court of Justice. It is important that Israel and Lebanon …


Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand, Pisawat Sukonthapan Apr 2016

Indonesia & Thailand: “Maltreatment”/ “Forced Labor”/ “Tip” In Fisheries In Indonesia/Thailand, Pisawat Sukonthapan

Indonesia Law Review

This article focuses on “trafficking in persons” (TIP) in fisheries in Indonesia and Thailand. This The article refers to key international instruments on TIP and continues by discussing recent cases of TIP in fisheries in Indonesia that were reported in the first half of year 2015. It also explores national domestic legislation of Indonesia and Thailand in relation of measures to combat trafficking in the region. Bilateral and multilateral treaties such as the Treaty between the Government of the Kingdom of Thailand and the Government of the Republic of Indonesia Relating to Extradition and the ASEAN Treaty on Mutual Legal …


Migration : Some Observations About Contemporary Trends, Gervais​ Appave Apr 2016

Migration : Some Observations About Contemporary Trends, Gervais​ Appave

WMU Symposium on Migration by Sea, Malmö, Sweden, 26-27 April 2016

No abstract provided.


Opening Speech, Cleopatra Doumbia-Henry Apr 2016

Opening Speech, Cleopatra Doumbia-Henry

WMU Symposium on Migration by Sea, Malmö, Sweden, 26-27 April 2016

No abstract provided.


Trending @ Rwu Law: Julia Wyman's Post: Rwu Law Grads Making Waves In Marine Affairs: 04/05/2016, Julia Wyman Apr 2016

Trending @ Rwu Law: Julia Wyman's Post: Rwu Law Grads Making Waves In Marine Affairs: 04/05/2016, Julia Wyman

Law School Blogs

No abstract provided.


Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran Apr 2016

Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran

International Law Studies

This article analyses the changes in the law and practice of exclusion zones in the law of armed conflict at sea. It identifies three principal phases. First, it explores the exclusion zones of the Russo-Japanese War of 1904–1905, which were modest in size and defensive in character. Second, it turns to the exclusion zones of the First World War and several subsequent conflicts. The exclusion zones of this period were fundamentally different to those of the Russo-Japanese war: if a vessel was within an exclusion zone, it was deemed susceptible to attack. The article then turns to the third phase …


Admiralty- Salvage Rights- Sovereign Claims On The Outer Continental Shelf Do Not Extend To Abandoned Vessels, John S. Butler Apr 2016

Admiralty- Salvage Rights- Sovereign Claims On The Outer Continental Shelf Do Not Extend To Abandoned Vessels, John S. Butler

Georgia Journal of International & Comparative Law

No abstract provided.


International Ramifications Of The Fishery Conservation And Management Act Of 1976, Donna R. Christie Apr 2016

International Ramifications Of The Fishery Conservation And Management Act Of 1976, Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.


Wmu Symposium On Migration By Sea : Background Paper, Raphaël Baumler, Aref Fakhry, Khanssa Lagdami, Josefin Madjidian, Francesco Munari, Lorenzo Schiano Di Pepe, Burak Şakir Şeker Apr 2016

Wmu Symposium On Migration By Sea : Background Paper, Raphaël Baumler, Aref Fakhry, Khanssa Lagdami, Josefin Madjidian, Francesco Munari, Lorenzo Schiano Di Pepe, Burak Şakir Şeker

Conference Papers

No abstract provided.


International Law And Japan’S Territorial Disputes, Raul (Pete) Pedrozo Mar 2016

International Law And Japan’S Territorial Disputes, Raul (Pete) Pedrozo

International Law Studies

Five of the most contentious territorial disputes that plague the Asia-Pacific today have their roots in the San Francisco Peace Treaty. The treaty required Japan to renounce all claims with regard to a number of lands, but failed to declare a successor State to these lands. Over the years, these disputes have intensified as a result of rising nationalism and a growing demand for ocean resources. This article discusses the merits of Japan’s claims to the Kurile Islands, Liancourt Rocks and Pinnacle Islands and concludes that Japan’s claims are superior to those of the other claimants.


Newsroom: Strong Finish For Admiralty Team In Sfo 03-07-2016, Roger Williams University School Of Law Mar 2016

Newsroom: Strong Finish For Admiralty Team In Sfo 03-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


When Self-Policing Does Not Cut It: Cruising, Rcra, And Hazardous Waste On The High Seas, Chris Ryan, Michelle Bedoya Mar 2016

When Self-Policing Does Not Cut It: Cruising, Rcra, And Hazardous Waste On The High Seas, Chris Ryan, Michelle Bedoya

Barry Law Review

No abstract provided.


Law Library Blog (February 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law Feb 2016

Law Library Blog (February 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi Jan 2016

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.


The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi Jan 2016

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.


The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi Jan 2016

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.


A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak Jan 2016

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …


The Dragon Looks North: The Arctic, China, And The Law Of The Sea Bring Prospects For New Opportunities And New Perils, Peter Rosene Jan 2016

The Dragon Looks North: The Arctic, China, And The Law Of The Sea Bring Prospects For New Opportunities And New Perils, Peter Rosene

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

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 Jan 2016

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.


Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?, Sarah E. Bauer Jan 2016

Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?, Sarah E. Bauer

Indiana Law Journal

Part I of this Note will address the reasons why intergovernmental organizations have failed to adequately regulate the commercial fishing of Bluefin tuna. Part II offers an analysis of the Bluefin markets in the United States and Japan and argues that these countries are ideal candidates for successful Bluefin regulation because of their market structures. Part III explores the likelihood that the two countries would implement such regulations, taking into account the respective governments’ histories of species-specific regulation.


An International Commission Of Inquiry For The South China Sea?, Ryan Mitchell Jan 2016

An International Commission Of Inquiry For The South China Sea?, Ryan Mitchell

Vanderbilt Journal of Transnational Law

The multilateral territorial dispute over the South China Sea has intensified in recent years. In response, some observers endorse the apparent turn to "lawfare" on display in the ongoing Philippines v. China arbitration, conducted under Annex VII of the UN Convention on the Law of the Sea (UNCLOS). Yet the limited subject matter of this arbitration means that it can contribute only modestly to any ultimate resolution between claimants. Indeed, the Chinese side has argued against tribunal jurisdiction precisely on the basis of the primacy of questions over territorial sovereignty--which are barred from UNCLOS proceedings--to the determination of all other …


Actic Law & Policy Year In Review: 2015, Craig H. Allen, Bridgette J. Cooper, Adam Murray Jan 2016

Actic Law & Policy Year In Review: 2015, Craig H. Allen, Bridgette J. Cooper, Adam Murray

Articles

A review of significant legal developments affecting the Arctic, including treaties and other international agreements; actions by the U.S. Congress, President, and other federal agencies; developments from the European Union and ten foreign countries; and several international organizations. Also addressed are themes including arctic marine shipping; indigneous residents; marine resources; military activities; polar icebreakers; pollution prevention, response, and liability; and scientific research.


Contemporary Practice Of The United States Relating To International Law, January 2016, Kristina Daugirdas, Julian Davis Mortenson Jan 2016

Contemporary Practice Of The United States Relating To International Law, January 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic


Military Activities In The Unclos Compulsory Dispute Settlement System: Implications Of The South China Sea Arbitration For U.S. Ratification Of Unclos, Lori Fisler Damrosch Jan 2016

Military Activities In The Unclos Compulsory Dispute Settlement System: Implications Of The South China Sea Arbitration For U.S. Ratification Of Unclos, Lori Fisler Damrosch

Faculty Scholarship

The Award on the Merits in the South China Sea Arbitration between the Philippines and China (Award) is the first decision of any tribunal to interpret the provision of the 1982 United Nations Convention on the Law of the Sea (Convention or UNCLOS) that allows states parties to exclude disputes concerning military activities from the Convention’s compulsory dispute settlement regime. That optional exclusion, embodied in Article 298(1)(b) of the Convention, was a central component of the strenuously-negotiated compromise between states that favored compulsory jurisdiction in principle and those that would have preferred a strictly optional system for third-party legal dispute …


Contemporary Practice Of The United States Relating To International Law, October 2016, Kristina Daugirdas, Julian Davis Mortenson Jan 2016

Contemporary Practice Of The United States Relating To International Law, October 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Iran and United States Continue to Implement Nuclear Deal, Although Disputes Persist • United States Continues to Challenge Chinese Claims in South China Sea; Law of the Sea Tribunal Issues Award Against China in Philippines-China Arbitration • U.S. Navy Report Concludes That Iran’s 2015 Capture of U.S. Sailors Violated International Law • United States Justifies Its Use of Force in Libya Under International and National Law • U.S. Drone Strike Kills Taliban Leader in Pakistan • U.S. Government Releases Casualty Report, Executive Order, and Presidential Policy Guidance Related to Its Counterterrorism Strike Practices • The Department …


Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport Dec 2015

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.


The Policy Exploration Of The South African Exclusive Economic Zone /, Thulile Khanyile Dec 2015

The Policy Exploration Of The South African Exclusive Economic Zone /, Thulile Khanyile

World Maritime University Dissertations

No abstract provided.