Law of the Sea Commons^™

Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress

Georgia Journal of International & Comparative Law

No abstract provided.

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Journal Articles

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …

Insuring Floods: The Most Common And Devastating Natural Catastrophies In America, Christopher French

Christopher C. French

Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, Xiao Recio-Blanco

Xiao Recio-Blanco

Governments all around the world have addressed the challenge of marine resources management enacting laws and enforcing public policies. To date, most of these initiatives have failed. In Latin America, sophisticated environmental protection statutes are already in place. Unfortunately, these statutes are largely overlooked by sea users and government officials. Lack of compliance has become the most significant hurdle to the sustainable use of Latin America’s marine resources.

Recently, governments and Non-Governmental Organizations in Latin America have showed increased interest in Marine Spatial Planning (MSP). MSP is a process that analyzes the spatial distribution of human activities at sea. The …

Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare

Catholic University Law Review

In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement of …

Transnational Area-Based Ocean Management: Finding Avenues For Regulatory Harmonization, Xiao Recio-Blanco

Xiao Recio-Blanco

In the last few decades, governments have regulated human activities at sea and their environmental impact through piecemeal, use-by-use prescriptive regulation. These domestic laws have been unable to solve basic problems such as overfishing or marine habitat loss.

Some ocean management experts have argued that managing areas of the sea in order to maximize one or a set of objectives might be more effective than the non-spatial approach. Implementing a comprehensive system of area-based management requires planning and zoning. The process of marine spatial planning (MSP) involves assessing ocean resources as well as current and future uses; identifying compatible and …

Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie

Georgia Journal of International & Comparative Law

No abstract provided.

A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino

Simone Savino

A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach renourishment …

Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erik Franckx

Georgia Journal of International & Comparative Law

No abstract provided.

Protecting Australia's Maritime Borders: The Mv Tampa And Beyond, Ben M. Tsamenyi, Christopher Rahman

Chris Rahman

The protection of Australia's maritime borders and sovereign interests at sea has, in recent times, increasingly become a leading national security issue. The arrangements for surveillance and enforcement in Australia's maritime zones have seemingly been in almost constant review in what has become a highly politicised issue. Furthermore, the increased incidence of seaborne illegal migration attempts in late 2001, together with the events of 11 September of that year has focused public, as well as official, attention upon all aspects of what has come to be known as "homeland security." Homeland security is a complex issue, and the problems associated …

Conclusion: Maritime Border Protection After The Tampa And 9/11, Anthony Bergin, Ben M. Tsamenyi, Christopher Rahman

Chris Rahman

The objective of these proceedings has been to review current arrangements for national maritime border protection and to canvass some fresh approaches. The book (and preceding conference) have been designed to avoid getting bogged down in any great detail on sectoral issues, instead taking a more holistic view of the overall maritime border protection regime. The issue is timely in view of the public and political interest in developments regarding maritime security and border protection following the controversy surrounding the MV Tampa incident of August 2001 and the September 11 attacks on the World Trade Center and the Pentagon.

On …

Maritime Domain Awareness In Australia And New Zealand, Chris Rahman

Chris Rahman

No abstract provided.

Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai

Daniela E Lai

Geoengineering has been described as any large-scale environmental manipulation designed with the purpose of mitigating the effects of climate change without decreasing greenhouse gas emissions (GHGs). Currently there are no specific rules regulating geoengineering activities particularly if geoengineering is deployed in areas beyond national jurisdiction. This article argues that, in order to mitigate the risks of geoengineering, there needs to be effective regulation of its deployment both in international and domestic law. The risks of geoengineering can only be effectively regulated if there is international cooperation between all levels of governments and private individuals involved in the research and development …

The Implications Of The Implementation Of Part Iii Of The United Nations Convention On The Law Of The Sea (Unclos) 1982 To The Safety Of Navigation And Marine Environmental Protection In The Straits Used For International Navigation : The Review Of Policy And Cooperation, And Future Direction Of The Cooperative Mechanism In The Straits Of Malacca And Singapore, Nanditya Darma Wardhana

World Maritime University Dissertations

Due to the development of the international trade, the shipping industry has become one of the prime methods of carrying commodities. Commodities are usually shipped through the main international routes, including the main international straits, which are usually used for international navigation. To regulate the rights and obligations between the littoral States and user States in the international Straits, UNCLOS 1982 adopted provisions, which are related to the Straits Used for International Navigation regime. The Straits of Malacca and Singapore are part of this regime. To enhance the safety of navigation and marine environmental protection in the Straits of Malacca …

The Role Of Naval Power In The Development Of Customary International Law, John J. Chung

Law Faculty Scholarship

No abstract provided.

Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate

Faculty Books and Book Contributions

Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that …

The Freedom Of Navigation Program: Assessing 35 Years Of Effort, Joshua L. Root

Joshua L. Root

The US challenges excessive maritime claims - claims that do not comport with UNCLOS or customary international law - of other countries by sailing war ships into areas of the ocean subject to such claims. The US has challenged claims in this manner under the Freedom of Navigation Program for 35 years. No comprehensive assessment has been conducted on whether the program "works." This article looks at four countries that have been the subject of FON operations and tracks any changes in their law over time to see if there is correlation between the FON program and any roll back …

"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen

Articles

The theme for the 2015 Arctic Encounter Symposium was “Charting a Path to U.S. Leadership in the Far North.” I would like to begin my comments regarding U.S. leadership by reminding the audience that the Arctic is primarily a maritime domain and the fundamental rule set for international relations in the Arctic’s maritime domain is the 1982 U.N. Convention on the Law of the Sea (LOS Convention), a convention to which the United States remains the most conspicuous non-party.

The Expansion Of Admiralty Jurisdiction Into The Realm Of Workers’ Compensation: Newly Applying Learned Hand To Jones Act Personal Injury Claims To Incentivize Dangerous Seafaring Work And Protect Workers From The Perils Of The Sea, 48 J. Marshall L. Rev. 877 (2015), Blair Pooler

UIC Law Review

This Comment proposes a novel application of Learned Hand’s calculus of negligence to divide the protections for traditional and non-traditional maritime workers.

Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg

International Law Studies

Since their first extensive use in the 1904–05 Russo-Japanese War naval mines have continued to pose a considerable threat to innocent shipping. States reacted by adopting the 1907 Hague Convention VIII, which has been the only international instrument on the matter to date. In view of the fact that more than 80 percent of imports and exports are shipped by sea, freedom of navigation and, in particular, transit and archipelagic sea lanes passage rights must be preserved to the greatest extent possible. The present article deals with the question of whether international rules and principles provide effective protection of international …