Law of the Sea Commons^™

Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati

Indonesian Journal of International Law

Ecuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy …

Mexico And The Law Of The Sea: Contributions And Compromises. Book Review, Michael Reed

San Diego International Law Journal

Much valuable scholarly material has been published on the United Nations Convention on the Law of the Sea, often referred to simply as “UNCLOS” or “The Constitution for the Oceans.” The focus of that scholarship has usually been on interpreting the Convention’s 320 separate Articles and substantive Annexes. Such sources are, of course, critical to individuals seeking to comply with the law of the sea or sovereigns charged with enforcing it.

A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity, Jonathan Bellish

San Diego International Law Journal

Around 2005, maritime piracy made a troubling resurgence three quarters of a century after a consensus had been reached that the age of piracy had permanently ended. Yet piracy returned in a slightly different form, with pirates relying more on land-based facilitators than their historical counterparts. Maritime piracy’s reappearance made ripe for consideration the question of whether a facilitator of maritime piracy must be physically present on the high seas while facilitating in order to be subject to universal jurisdiction. This Article undertakes an analysis of the text, statutory context, history, and policy impetus behind UNCLOS art. 101 as it …

The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck

Journal Articles

The paper begins by briefly surveying the extent to which the convention’s provisions intersect with United States interests in the Arctic. Not surprisingly, there is extensive overlap. The paper then reviews arguments that UNCLOS is irrelevant or even antithetical to achieving these important U.S. interests. After critiquing the anti-UNCLOS arguments, the paper examines the case for UNCLOS. The paper focuses in particular on U.S. interests on the Arctic seafloor, arguing that these interests are extensive and that accession would help avert a wide range of potential political, legal, and regulatory challenges from foreign governments and corporations. The possibility of such …

Is Seasteading The High Seas A Legal Possibility? Filling The Gaps In International Sovereignty Law And The Law Of The Seas, Ryan H. Fateh

Vanderbilt Journal of Transnational Law

Seasteading--homesteading of the modern era--is a desire to develop above-water settlements in international waters known as seasteads. Once a fleeting dream, seasteading has entered the realm of possibility with the technological advancements and financial contributions of The Seasteading Institute (TSI). TSI's ultimate goal is ambitious: to establish permanent seasteads as sovereign states recognized by the United States and eventually by other members of the United Nations. Because international law promulgated by the United Nations addresses only state actors and TSI is a nonstate actor, this Note argues that international law does not prohibit the seastead communities from merely existing in …

Organizing For Cyberspace Operations: Selected Issues, Paul Walker

International Law Studies

No abstract provided.

Northern Arabian Gulf A Critical Area For Maritime Safety And Security, Sameer A. Marzoq

World Maritime University Dissertations

The purpose of this study is to look for a solution for the problem on maritime safety and security in The Northern Arabian Gulf (NAG). Due to the absence of an agreement between the countries of the North Arabian Gulf and the existence of cases of instability, which took advantage of the other parties to carry out criminal acts adversely affect the safety and security of the region came this research for the purpose of shedding light on this problem and then propose appropriate solutions in accordance with international laws of the seas and oceans. It also intends to provide …

The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

Working Paper On The Development Of Guidelines For The Implementation Of Article 82, Aldo Chircop

Articles, Book Chapters, & Popular Press

This document is an issues paper concerning the implementation of Article 82 of the United Nations Convention on the Law of the Sea, 1982 (LOS Convention). It was commissioned by the International Seabed Authority (ISA) to assist discussion at an international workshop in Beijing in November 2012.

Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly

Articles in Law Reviews & Other Academic Journals

Maritime piracy is a complex transnational security concern characterized by emerging international finance operations and organization, an oversupply of labor, and a low cost of market entry. This article provides a realistic picture of the driving forces behind maritime piracy in areas such as Southeast Asia, the Gulf of Aden, and the Gulf of Guinea. By examining some of the assumptions and proposed solutions in counter-piracy literature and policy, this article exposes some piracy illusions and proposes a sustainable, global response that addresses the persistent threat of modern maritime piracy. Today's manifold piracy challenges call for a multifaceted approach. Accordingly, …

How Exclusive Is The Exclusive Economic Zone : Contemporary Analysis Of The United Nations Convention On The Law Of The Sea 1982, Oscar Garrido-Lecca Hoyle

World Maritime University Dissertations

International agreements as maritime international laws are the main tool for the sustainable development of the protection and employment of the oceans and seas. Dealing with maritime issues that arise every day, requires a highly focused analysis and establishment of principles and rules to prevent these problems. Globalization provides the opportunity to carry out business around the world and its development has created transnational companies. Technological advances have allowed extended opportunities to explore and exploit the natural resources of the seas, with the resulting risk of these resources becoming extinct if such activities are not controlled. In this scenario, the …

The Application Of International Law Principle In Practice Of The Delimitation On Continental Shelf, Li Xiaolu

World Maritime University Dissertations

The dissertation is based on the characteristics and development of geology and geography to starts the analysis of international conventions such as ‘UNCLOS” and other legal documents concerning delimitation of the continental shelf in the legal system with combining various theories from both China and international scholars, and will have a systematically study over origins and current legal status of continental shelf, as well as its basic principles of delimitation method in practice. Meanwhile, by illustration the effectiveness brought by international political, diplomatic, economic development to the natural resource exploitation, and discussion of Chinese continental shelf delimitation practice, the article …

The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not? On The Human Rights Of Kidnapped Seamen And Their Families, Barry Hart Dubner, Kimberly Chavers

Barry Law Review

No abstract provided.

Sea Level Rise And Maritime Zones: Preserving The Maritime Entitlements Of ‘Disappearing’ States, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

A Proposition For Delimitation Of Maritime Boundaries And Mediterranean Security Limitation Similar To Montreux Convention, Burak Seker

Burak Sakir Seker

No abstract provided.

La Codificación Del Derecho Del Mar En La Legislación Venezolana

María Carolina Romero

Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines

Seattle University Law Review

Piracy threatens, and has taken, the lives of American crews and civilians. It poses an enormous economic threat, both in terms of ransom payments and impact on global commerce. It enhances political instability in significant regions of the world, such as the Horn of Africa and the Straits of Malacca. Most critically, though, maritime piracy offers an easy and tempting conduit for terrorism. Terrorists have already used maritime options to advance their cause in several dramatic attacks, including the hijacking of a cruise ship (and murder of a Jewish passenger), the ramming of a boat into a U.S. destroyer (killing …

The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral

Dalhousie Law Journal

The European Union is not generally perceived as an Arctic power However, the ever-expanding list of EU competences implies that it will have both an interest in participating in the governance of the Arctic and the authority to do so, should the seven Arctic states agree to make room. This development holds both challenges and opportunities for Canada and other Arctic states. The challenges stem from the factthat the EU will seek topromote the economic interests ofits Member States in resource extraction and freedom of navigation where Canada and Russia, in particular, have asserted strong national policies. The opportunities lie …

Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks

Pepperdine Law Review

This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the three-mile band beyond the California …

Piracy Prosecutions In National Courts, Maggie Gardner

Cornell Law Faculty Publications

At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the …