Law of the Sea Commons^™

Implementation And Enforcement Of Imo Instruments In Nigeria : A Case Study Of Marpol Annex Vi, Syntyche Baba Haruna

World Maritime University Dissertations

No abstract provided.

Abandonment Of Seafarers : Challenges & Prospects Under Maritime Labour Convention, 2006, Anish Joseph

World Maritime University Dissertations

No abstract provided.

The Risk Of Oil Spill In The Exclusive Economic Zone Of Sierra Leone, Duramani K. Sesay

World Maritime University Dissertations

No abstract provided.

A Comparative Study Of The Combined Maritime Force (Cmf) And The Djibouti Code Of Conduct (Dcoc) Aimed At Maintaining Maritime Security In The Area Of The Western Indian Ocean And The Gulf Of Aden, Abdullah Mohammed Mubaraki

World Maritime University Dissertations

No abstract provided.

An Analysis Of International Law Principles In State Practice Of Bilateral Transit Treaties, Anujin Thi Hong Onon

World Maritime University Dissertations

No abstract provided.

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Iuu Fishing As A National Security Threat: Revisiting India’S Domestic Framework And Compliance With International Regimes, Pooja Bhatt

International Law Studies

Within India, illegal, unreported, and unregulated (IUU) fishing typically has been viewed as a non-traditional security concern that includes food and economic security, as well as broader societal and political issues. This article argues for understanding IUU fishing in a broader and deeper way and to view this issue as a traditional security threat. Several developments merit this approach, including the threat posed by foreign fishing vessels near Indian waters. Such distant water fishing vessels have been found fishing illegally around the world. On several occasions, these vessels are present near the exclusive economic zone of other states, raising serious …

High Seas Governance: Gaps And Challenges, Bernard H. Oxman

Articles

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

China’S Maritime Law Enforcement Activities In The South China Sea, Diane Desierto

International Law Studies

This article evaluates China’s public justifications for its unilateral maritime law enforcement activities in the South China Sea, including recent incidents affecting Indonesia, Vietnam, the Philippines, and Malaysia, against the binding international legal requirements of the United Nations Convention on the Law of the Sea (UNCLOS), the 2002 Declaration on the Conduct of Parties to the South China Sea, and the 2016 Permanent Court of Arbitration UNCLOS Annex VII arbitral award In the Matter of the South China Sea Arbitration. China’s unilateral maritime law enforcement activities in the South China Sea do not comply with UNCLOS and applicable international …

Release Of A Detained Warship And Its Crew Through Provisional Measures: A Comparative Analysis Of The Ara Libertad And Ukraine V. Russia Cases, Yoshifumi Tanaka

International Law Studies

The determination of whether to release a detained foreign warship and its crew is a crucial issue in law and in practice. This article examines the issue of the release of a detained foreign warship and its crewmembers through provisional measures by analyzing the ARA Libertad and Ukraine v. Russia cases. Specifically three issues must be examined. The first issue concerns the interpretation of military activities under Article 298(1)(b) of the U.N. Convention on the Law of the Sea (UNCLOS). On this issue, this article highlights that a threshold for deciding the preponderance of military or law enforcement elements is …

Regulating Jurisdiction Collisions In International Law: The Case Of The European Court Of Justice's Exclusive Jurisdiction In Law Of The Sea Disputes, Darío Maestro

Michigan Journal of International Law

To maximize their chances of receiving a favorable disposition, claimants often aspire to bring complex disputes to more than one international court. However, doing so may bring their claims under the jurisdiction of more than one branch of international law simultaneously, creating what this note calls a jurisdiction collision. This practice poses a challenge to the cohesion of international adjudication as competing international tribunals, relying on differing precedents, may give differing interpretations to the same rule.

Concentrating on the classical roots of international law and its changing significance over time and within different contexts, this note considers the benefits …

Sunken Efforts? Legal Hurdles To Stemming Maritime Cbrne Proliferation, Arjun Banerjee

International Journal of Nuclear Security

For four centuries, the law of the sea has rested on the principle of mare liberum or the freedom of the high seas. The oceans have traditionally been regarded as areas over which no state could claim dominion or sovereignty. Nations desirous of countering security threats have found that their efforts are curtailed by the traditional paradigm, partly because of the resistance from other states to permit further derogation. Several extant laws aim to contain the spread of CBRN (chemical, biological, radiological and nuclear) material through a variety of measures. Certain bilateral agreements between nations exist, but the foreign vessel …

Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo

International Law Studies

The Democratic People’s Republic of Korea (DPRK) has been under U.N. sanctions since 2006 to dissuade the DPRK from continuing its nuclear weapons and ballistic missile programs. Nonetheless, the DPRK has evaded these sanctions, particularly through unlawful ship-to-ship transfers of refined petroleum products and coal. DPRK sanctions evasion, particularly as it relates to maritime activities, remains a critical issue that allows the DRPK government to continue its pursuit of nuclear weapons and its testing and amassment of ballistic missiles. Given the DPRK’s use of maritime tactics to evade sanctions, maritime interdiction is the most effective way to counter illicit DPRK …

Law School News: Dennis W. Nixon: Doctor Of Laws, Honoris Causa 05-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts

International Law Studies

With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …

Pirates On The High Seas: An Institutional Response To Expanding U.S. Jurisdiction In Troubled Waters, Marshall B. Lloyd, Robert Summers

Faculty Articles

Collective efforts among governments and regional organizations is a vital part of the fight against piracy that represents a security threat to all nation states with respect to freedom to navigate the high seas. This paper provides a concise overview of piracy, contemporary maritime drug laws, and cases among the circuit courts to illustrate the procedural concerns that affect fundamental constitutional principles of jurisdiction. A possible solution to existing substantive and procedural due process issues is establishment of a regional judicial institution with broad powers to preside over criminal prosecutions that include maritime crimes. The suggestion may be a viable …

The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman

Articles

No abstract provided.

Ocean Of Uncertainty: Regulatory Barriers To Multiple Uses In Federal Waters, Kacie Couch, Tristan Griner

Virginia Coastal Policy Center

The potential for coexisting uses in offshore waters is great, but regulatory framework and federalism concerns exist that prevent zoning the oceans to allow for coexisting uses to reach their full potential. This paper seeks to anticipate and expand upon the potential benefits, consequences, and unknown variables in future development of offshore wind mixed use zones in federal waters off the coast of Virginia. Part I provides a brief introduction to offshore wind, offshore aquaculture, and the current regulatory framework that governs each of those ocean uses. Part II takes a deep dive into attempts to simplify regulatory oversight of …

Diving To New Depths: How Green Energy Markets Can Push Mining Companies Into The Deep Sea, And Why Nations Must Balance Mineral Exploitation With Marine Conservation, Catherine Danley

William & Mary Environmental Law and Policy Review

No abstract provided.