Artificial Islands And Territory In International Law,
2019
Vanderbilt University Law School
Artificial Islands And Territory In International Law, Imogen Saunders
Vanderbilt Journal of Transnational Law
Artificially created islands are a contemporary reality, created and used for military and nonmilitary purposes. Analysis of such islands has largely been limited to their status under the United Nations Convention on the Law of the Sea (UNCLOS) regime. Their position under general international law, however, remains unclear. In particular, the question of whether artificial islands can constitute sovereign territory remains unanswered. This Article analyzes the concept of territory in international law in the context of artificial islands, and argues that neither the doctrine of territory nor the strictures of UNCLOS prevent artificial islands from constituting territory capable of sovereign …
Impacts Of The Changing Ocean-Sea Ice System On The Key Forage Fish Arctic Cod (Boreogadus Saida) And Subsistence Fisheries In The Western Canadian Arctic—Evaluating Linked Climate, Ecosystem And Economic (Cee) Models,
2019
Schulich School of Law and Marine & Environmental Law Institute, Dalhousie University
Impacts Of The Changing Ocean-Sea Ice System On The Key Forage Fish Arctic Cod (Boreogadus Saida) And Subsistence Fisheries In The Western Canadian Arctic—Evaluating Linked Climate, Ecosystem And Economic (Cee) Models, Nadja S. Steiner, William W. L. Cheung, Andres M. Cisneros-Montemayor, Helen Drost, Hakase Hayashida, Carie Hoover, Jen Lam, Tessa Sou, U. Rashid Sumaila, Paul Suprenand, Travis C. Tai, David Vanderzwaag
Articles, Book Chapters, & Popular Press
This study synthesizes results from observations, laboratory experiments and models to showcase how the integration of scientific methods and indigenous knowledge can improve our understanding of (a) past and projected changes in environmental conditions and marine species; (b) their effects on social and ecological systems in the respective communities; and (c) support management and planning tools for climate change adaptation and mitigation. The study links climate-ecosystem-economic (CEE) models and discusses uncertainties within those tools. The example focuses on the key forage species in the Inuvialuit Settlement Region (Western Canadian Arctic), i.e., Arctic cod (Boreogadus saida). Arctic cod can be …
Advancing Research For The Management Of Long-Lived Species: A Case Study On The Greenland Shark,
2019
Dalhousie University - Schulich School of Law
Advancing Research For The Management Of Long-Lived Species: A Case Study On The Greenland Shark, Jena E. Edwards, Elizabeth Hiltz, Franziska Broell, Peter G. Bushnell, Steven E. Campana, Jørgen S. Christiansen, Brynn M. Devine, Jeffrey J. Gallant, Kevin J. Hedges, M. Aaron Macneil, Bailey C. Mcmeans, Julius Nielsen, Kim Præbel, Gregory B. Skomal, John F. Steffensen, Ryan P. Walter, Yuuki Y. Watanabe, David Vanderzwaag, Nigel E. Hussey
Articles, Book Chapters, & Popular Press
Long-lived species share life history traits such as slow growth, late maturity, and low fecundity, which lead to slow recovery rates and increase a population’s vulnerability to disturbance. The Greenland shark (Somniosus microcephalus) has recently been recognized as the world’s longest-lived vertebrate, but many questions regarding its biology, physiology, and ecology remain unanswered. Here we review how current and future research will fill knowledge gaps about the Greenland shark and provide an overall framework to guide research and management priorities for this species. Key advances include the potential for specialized aging techniques and demographic studies to shed light …
Environmental Liability For Deep Seabed Mining In The Area: An Urgent Case For A Robust Strict Liability Regime,
2019
Dalhousie University - Dalhousie University, Schulich School of Law, Students
Environmental Liability For Deep Seabed Mining In The Area: An Urgent Case For A Robust Strict Liability Regime, Keith Macmaster
Articles, Book Chapters, & Popular Press
This article will focus on liabilities for the Area and examine the question of liability for the various actors involved, including contractors/operators who carry out the exploitation of resources, sponsoring States, flag States, and the International Seabed Authority. It is necessary to analyze the current state of liability provisions, should environmental damage occur in the Area. The rapid pace of technological advancement and the unknown extent of environmental damage make a fulsome liability regime necessary. Unfortunately, as will be shown in this article, there are still extensive unknowns in the legal landscape. This article will investigate two areas of liability: …
자율운항선박의 통제원리로서의 선원의 상무와 해사법규 개정방안 [Translation: A Study On The Ordinary Practice Of Seamen As A Controlling Principle Of Mass And Its Revision Of Maritime Law],
2019
Dalhousie University Schulich School of Law
자율운항선박의 통제원리로서의 선원의 상무와 해사법규 개정방안 [Translation: A Study On The Ordinary Practice Of Seamen As A Controlling Principle Of Mass And Its Revision Of Maritime Law], Jinho Yoo, Chan-Soo Jung, Sang-Il Lee
Articles, Book Chapters, & Popular Press
Autonomous technology is advancing, but attention must be paid to how it will be realized when the technology meets specific domains. This paper argued that ships with autonomous technology can not be fundamentally free from the nature of a ship that is human system. Furthermore, the ordinary practice of seamen, which has been the foundation of ship safety for thousands of years, would serve as a basis for judging the adaptability of the autonomous technology. In this regard, the maritime autonomous surface vessels (MASS) of the International Maritime Organization (IMO) should be re-conceptualized into remotely operated vessels (ROV) and fully-autonomous …
선박 검사원 처벌주의 입법의 정당성에 관한 탐색적 고찰 [Translation: Exploratory Research On The Legitimacy Of The Legislation Tilting Toward Punishing An Individual Ship Surveyor],
2019
Dalhousie University Schulich School of Law
선박 검사원 처벌주의 입법의 정당성에 관한 탐색적 고찰 [Translation: Exploratory Research On The Legitimacy Of The Legislation Tilting Toward Punishing An Individual Ship Surveyor], Sang-Il Lee, Ji-Hyun Kim, Jinho Yoo
Articles, Book Chapters, & Popular Press
Ship inspection does not guarantee the safety and seaworthiness of ships as the results of the inspection, and the act features a collective evaluation. However, since the Sewol accident, the possibility of criminal punishment for individual ship surveyors has drastically increased, and the problem has deepened. This is a very unusual phenomenon that contradicts the concept, characteristics and nature of ship inspection. To the contrary, in foreign countries, protectionist legislation is found that exempts ship surveyors, who performed the inspection in good faith, from any liability. The current Ship Safety Act stipulates government accountability, but the responsibility of the inspection …
Competencies Of The International Seabed Authority And The International Maritime Organization In The Context Of Activities In The Area,
2019
Dalhousie University Schulich School of Law
Competencies Of The International Seabed Authority And The International Maritime Organization In The Context Of Activities In The Area, International Seabed Authority, International Maritime Organization, Aldo Chircop
Reports & Public Policy Documents
This report studies the interface of competencies of the International Seabed Authority (ISA) and the International Maritime Organization (IMO) with respect to activities in the international seabed area (the Area). The study is undertaken within the context of Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), 1982 the Part XI Implementation Agreement, 1994 and the Seabed Disputes Chamber’s Advisory Opinion on Responsibilities and Obligations of States with respect to Activities in the Area, 2011. The report has been prepared against the backdrop of the agreement on cooperation concluded between ISA and IMO in 2016.
Environmental Protection Services And Salvage Law : Emerging Issues In Perspective,
2019
World Maritime University
Environmental Protection Services And Salvage Law : Emerging Issues In Perspective, Huiru Liu
World Maritime University Ph.D. Dissertations
No abstract provided.
The Use Of Courts To Protect The Environmental Commons,
2019
University of Colorado Law School
The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy
Publications
No abstract provided.
Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned,
2018
Rijkswaterstaat
Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn
Journal of Ocean and Coastal Economics
The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information …
The Regime Of Innocent Passage In Disputed Waters,
2018
University of Exeter
The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu
International Law Studies
The regime of innocent passage is a well-established body of customary international law. However, when there is a dispute over sovereign entitlement to a territorial sea or its outer limit, the applicability and legal effect of the regime are brought into question. This article considers the applicability of the regime of innocent passage and its legal effect in disputed waters by critically examining the relevant jurisprudence of international courts and tribunals that have dealt with territorial and maritime disputes. The efficacy of the findings from this analysis will then be evaluated from a legal policy perspective in the interest of …
An Analysis Of The Delegation Of Authority To The Recognised Organisations Acting On Behalf Of The Flag State : A Case Study On The Togolese Flag,
2018
World Maritime University
An Analysis Of The Delegation Of Authority To The Recognised Organisations Acting On Behalf Of The Flag State : A Case Study On The Togolese Flag, N'Hoboutoun Santa
World Maritime University Dissertations
No abstract provided.
Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force : Analysing Implementation Challenges And Future Outlook,
2018
World Maritime University
Ilo Convention 185 On Seafarers' Identity Document Thirteen Years After Entering Into Force : Analysing Implementation Challenges And Future Outlook, Vera Njeng Ntungwe
World Maritime University Dissertations
No abstract provided.
The Impact Of Ballast Water Management Convention On Seafarers Work Practices,
2018
World Maritime University
The Impact Of Ballast Water Management Convention On Seafarers Work Practices, Phanuwat Phiwphan
World Maritime University Dissertations
No abstract provided.
Iuu Fishing : A Gateway To Transnational Crimes In Jamaica,
2018
World Maritime University
Iuu Fishing : A Gateway To Transnational Crimes In Jamaica, Judy-Ann Icinda Neil
World Maritime University Dissertations
No abstract provided.
Challenges To The Legal Framework Governing Liability And Compensation For Oil Pollution In The Caspian Sea : The Case Of The Republic Of Azerbaijan,
2018
World Maritime University
Challenges To The Legal Framework Governing Liability And Compensation For Oil Pollution In The Caspian Sea : The Case Of The Republic Of Azerbaijan, Ramil Gasimov
World Maritime University Dissertations
No abstract provided.
Assessing The Preparedness Of Stakeholders For The Cabotage Law In Ghana,
2018
World Maritime University
Assessing The Preparedness Of Stakeholders For The Cabotage Law In Ghana, Benjamin Logodam Panlogo
World Maritime University Dissertations
No abstract provided.
Law Library Blog (November 2018): Legal Beagle's Blog Archive,
2018
Roger Williams University
Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Recent Developments In Marine Insurance Law And Consequences For Iran,
2018
Dalhousie University Schulich School of Law
Recent Developments In Marine Insurance Law And Consequences For Iran, Mohammad Ali Majd
LLM Theses
The United Kingdom Insurance Act 2015 entered into force on 12 August 2016. It introduced major changes to some provisions of the Marine Insurance Act 1906 which has been the principal model for establishing marine insurance law and practice not only in common law jurisdictions, but also in some civil law countries. The main areas of change are the duty of fair presentation, warranties, insurer’s remedies for fraudulent claims and damages for the late payment of claims. This thesis investigates how uniformity in international marine insurance law can be promoted by virtue of the new changes in English law and …
The State Responsibility On The Iuu Fishing : The Reflection Of The 2015 Itlos Advisory Opinion On Iuu Fishing And Its Relevance To Indonesia,
2018
Faculty of Law, Maastricht University, the Netherlands
The State Responsibility On The Iuu Fishing : The Reflection Of The 2015 Itlos Advisory Opinion On Iuu Fishing And Its Relevance To Indonesia, Siti Noor Malia Putri
Indonesia Law Review
Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed IUU fishing activities in an area under the jurisdiction of the Sub-Regional Fisheries Commission (SRFC). Other than the Opinion, many international scholars and legal instruments have arisen the same concern, however, the primary source on the Law of the Sea, the United Nations Convention on the Law of the Sea (UNCLOS) is silent in …
