Navigating A Risk-Filled Sea: Insights On How The Law And Insurance Chart A Course By Allocating Liabilities And Creating Incentives,
2020
Fordham Law School
Navigating A Risk-Filled Sea: Insights On How The Law And Insurance Chart A Course By Allocating Liabilities And Creating Incentives, Stephen M. Shapiro
Fordham Journal of Corporate & Financial Law
Risk can be defined as the probability and extent of liability. Risk management involves identifying, evaluating, and minimizing liabilities, which is critical to the success of a wide range of enterprises. Managers often turn to insurance to reallocate risk, and to experts such as surveyors, engineers, attorneys, and accountants to identify and evaluate risks and to advise on how to reduce them. The law also ascertains, allocates, and liquidates liabilities, and affects how insurance reallocates them. Policymakers-both industrial and legal-must be aware of how industry practices, expert services, insurance provisions, and legal structures are intertwined to achieve diverse, and perhaps …
Overview: Will Great Power Politics Threaten Arctic Sustainability?,
2020
Schulich School of Law and Marine & Environmental Law Institute, Dalhousie University
Overview: Will Great Power Politics Threaten Arctic Sustainability?, Yoon Hyung Kim, Oran R. Young, Robert W. Corell, Lawson W. Brigham, Jong Deog Kim, Arild Moe, Charles E. Morrison, David Vanderzwaag
Reports & Public Policy Documents
The eight Arctic states (Canada, Denmark/Greenland, Finland, Iceland, Norway, Sweden, the Russian Federation, and the United States) wish to maintain a position of preeminence when it comes to dealing with matters of Arctic Ocean governance. However, major non-Arctic states, while recognizing the sovereign rights of the coastal states in their economic zones and on their continental shelves, have growing interests in the maritime Arctic relating to activities such as commercial shipping, oil and gas development, fishing and ship-based tourism. They are increasingly claiming to have a legitimate interest in being consulted when it comes to addressing matters relating to the …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Footprint Of The Chinese Petro-Dragon: The Future Of Investment Law In Transboundary Resources,
2020
Texas A&M University School of Law
The Footprint Of The Chinese Petro-Dragon: The Future Of Investment Law In Transboundary Resources, Guillermo J. Garcia Sanchez
Faculty Scholarship
Chinese offshore investments in the oil and gas sector around the world are on the rise. Like dragons roaming the seas trying to dominate the tides, Chinese state-owned companies are particularly eager to bid for oil fields in maritime borderlines. The article tells the story of how Chinese state-owned companies are over paying for oil on the US-Mexico boundary to gather experience on how China’s global competitors handle resource development conflicts. My argument is that Chinese participation in transboundary field development fits within a long-term strategy to master international legal regimes. The presence of these petro-dragons in borderlines is an …
Are Transboundary Fisheries Management Arrangements In The Northwest Atlantic And North Pacific Seaworthy In A Changing Ocean?,
2020
Dalhousie University Schulich School of Law
Are Transboundary Fisheries Management Arrangements In The Northwest Atlantic And North Pacific Seaworthy In A Changing Ocean?, Olga Koubrak, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Climate change is affecting physical and biological components and processes of marine ecosystems in many ways. Resulting changes in abundance and distribution of commercially valuable species are anticipated to create or exacerbate challenges for fisheries management across national boundaries by raising questions around catch allocation, membership in the management organizations, and forms of cooperation between the organizations. In this paper we assess eight transboundary fisheries arrangements in the Northwest Atlantic and North Pacific on their preparedness to respond to climate-change driven changes. For each arrangement a three-part analysis is provided. A general introduction to fisheries management responsibilities, including species and …
Introduction,
2020
Marine & Environmental Law Institute, Schulich School of Law, Dalhousie University, Halifax, NS, Canada
Introduction, Aldo Chircop, Floris Goerlandt, Claudio Aporta, Ronald Pelot
Articles, Book Chapters, & Popular Press
This chapter introduces a multidisciplinary collection of chapters addressing various aspects of governance of Arctic shipping written by leading international scholars. It investigates how ocean changes and anthropogenic impacts affect our understanding of risk, policy, management and regulation for safe navigation, environment protection, conflict management between ocean uses, and protection of Indigenous peoples’ interests in Canadian Arctic waters. The book is divided in three parts, together providing a multi-faceted and interdisciplinary view on governance of Arctic shipping. The first part addresses conceptual and empirical aspects of risk governance, management, and assessment in the Canadian Arctic. The second part focuses on …
The Regulation Of Heavy Fuel Oil In Arctic Shipping: Interests, Measures, And Impacts,
2020
Marine & Environmental Law Institute, Schulich School of Law, Dalhousie University, Halifax, NS, Canada
The Regulation Of Heavy Fuel Oil In Arctic Shipping: Interests, Measures, And Impacts, Jiayu Bai, Aldo Chircop
Articles, Book Chapters, & Popular Press
Since the International Maritime Organization’s (IMO) ban on the use and carriage for use of heavy fuel oil (HFO) for ships operating in Antarctic waters came into effect in 2011, the international community has been engaged in a discourse on whether to adopt a similar standard for ships operating in Arctic waters. The issues are complex as, in addition to reducing the environmental risks posed by HFOs, there are economic and social consequences, including dependence on such fuels by Indigenous peoples. The discourse has involved the IMO, the Arctic Council, industry associations, environmental nongovernmental organizations, and Indigenous peoples. The issue …
The Regulation Of Ship Emissions In Canadian Northwest Atlantic And Arctic Waters: Is There A Need For Consistency And Equity?,
2020
Marine & Environmental Law Institute, Schulich School of Law, Dalhousie University, Halifax, NS, Canada
The Regulation Of Ship Emissions In Canadian Northwest Atlantic And Arctic Waters: Is There A Need For Consistency And Equity?, Aldo Chircop
Articles, Book Chapters, & Popular Press
Since the adoption of Annex VI of the International Convention on the Prevention of Pollution from Ships, 1973/78, the International Maritime Organization has gradually expanded the scope of ship emission regulation to include VOCs, SOx, NOx, particulate matter and, more recently, greenhouse gas emissions. This regulatory effort has not been integrated and displays some inconsistency and even fragmentation, resulting in different levels of environment protection for different regions and even potential conflicts between standards. The regulation of use and carriage of heavy sulphur fuel oil may lead to increase of clean fuel use and thereby produce more CO2 emissions. Designation …
Transboundary Fisheries, Climate Change, And The Ecosystem Approach: Taking Stock Of The International Law And Policy Seascape,
2020
Dalhousie University Schulich School of Law
Transboundary Fisheries, Climate Change, And The Ecosystem Approach: Taking Stock Of The International Law And Policy Seascape, Cecilia Engler
Articles, Book Chapters, & Popular Press
The ecosystem approach to fisheries management is a conceptual and practical framework consistent with, and supportive of, climate change adaptation at the national and regional level. Implementing an ecosystem approach can contribute to climate change adaptation by improving ecosystem resilience and reducing vulnerability to climate change, by providing planning strategies and tools to monitor and assess the impacts of climate change on fisheries, and by relying on precautionary, flexible, and adaptive approaches that account for the uncertainties, surprises, unpredictability, and dynamism of ecosystems in a changing climate.
In this article, I provide an overview of some key considerations framing the …
Implementation Of Article 82 Of The United Nations Convention On The Law Of The Sea: The Challenge For Canada,
2020
Dalhousie University Schulich School of Law
Implementation Of Article 82 Of The United Nations Convention On The Law Of The Sea: The Challenge For Canada, Aldo Chircop
Articles, Book Chapters, & Popular Press
Article 82 of the United Nations Convention on the Law of the Sea is a novel provision introducing the first-ever international royalty on production from non-living resources within national jurisdiction, specifically from the extended continental shelf as defined in Article 76. Article 82 has several textual ambiguities that could pose a challenge for its interpretation and implementation by both affected coastal States and the International Seabed Authority. The Authority is responsible for receiving payments or contributions in kind and for effecting their distribution to States Parties to the Convention, especially developing countries, in accordance with equitable criteria. The Authority has …
The Arctic In World Affairs: A North Pacific Dialogue On Will Great Power Politics Threaten Arctic Sustainability,
2020
Schulich School of Law and Marine & Environmental Law Institute, Dalhousie University
The Arctic In World Affairs: A North Pacific Dialogue On Will Great Power Politics Threaten Arctic Sustainability, Lawson W. Brigham, Robert W. Corell, Jong Deog Kim, Yoon Hyung Kim, Arild Moe, Charles E. Morrison, David Vanderzwaag, Oran R. Young
Reports & Public Policy Documents
The eight Arctic states (Canada, Denmark/Greenland, Finland, Iceland, Norway, Sweden, the Russian Federation, and the United States) wish to maintain a position of preeminence when it comes to dealing with matters of Arctic Ocean governance. However, major non-Arctic states, while recognizing the sovereign rights of the coastal states in their economic zones and on their continental shelves, have growing interests in the maritime Arctic relating to activities such as commercial shipping, oil and gas development, fishing and ship-based tourism. They are increasingly claiming to have a legitimate interest in being consulted when it comes to addressing matters relating to the …
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code,
2019
Brooklyn Law School
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Brooklyn Journal of Corporate, Financial & Commercial Law
Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the Ninth …
The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea,
2019
University of Washington School of Law
The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea, Craig H. Allen
International Law Studies
Naval forces deployed across the world’s seas to enforce counterproliferation sanctions imposed by the U.N. Security Council must surmount any number of operational and legal challenges. High seas boardings by any State other than the vessel’s flag State remain controversial. The 1982 Law of the Sea Convention’s high seas articles carefully balance the principles of freedom of navigation and exclusive flag-State jurisdiction with the shared interest in ensuring effective enforcement of laws against certain serious offenses. The peacetime right of visit is a limited but invaluable compromise between those competing interests. Some commentators have suggested expanding the right to address …
The Impact Of Ballast Water Management Convention On Combating Invasive Species In Turkey (Black Sea),
2019
World Maritime University
The Impact Of Ballast Water Management Convention On Combating Invasive Species In Turkey (Black Sea), Yusuf Koray Küçük
World Maritime University Dissertations
No abstract provided.
Strengths And Weaknesses Of The Legal Strategies To Combat Sea Piracy In Nigeria,
2019
World Maritime University
Strengths And Weaknesses Of The Legal Strategies To Combat Sea Piracy In Nigeria, Siraja Zamfara Ibrahim
World Maritime University Dissertations
No abstract provided.
The Interpretation Of The Regime Of Islands : Application To Okinotorishima,
2019
World Maritime University
The Interpretation Of The Regime Of Islands : Application To Okinotorishima, Yuta Arai
World Maritime University Dissertations
No abstract provided.
The Occupation Of Maritime Territory Under International Humanitarian Law,
2019
University of Westminster
The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo
International Law Studies
This article explores whether it is possible to apply the law of occupation beyond land territory, to maritime areas characterized here as “maritime territory.” The article argues that the definition of territory under Article 42 of the 1907 Hague Regulations comprises internal waters, territorial sea, and archipelagic waters, whereas other areas such as the continental shelf, the exclusive economic zone, and high seas fall outside the scope of Article 42. Accordingly, internal waters, the territorial sea, and archipelagic waters may be placed under occupation if a hostile force exercises actual authority over them without valid legal title. The article describes …
Law School News: A Busy, Busy Time In Admiralty Law 10-18-2019,
2019
Roger Williams University School of Law
Law School News: A Busy, Busy Time In Admiralty Law 10-18-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Inside Rwu Law's Small 'Admiralty Empire' 10-18-2019,
2019
Roger Williams University School of Law
Law School News: Inside Rwu Law's Small 'Admiralty Empire' 10-18-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
