The United States, China, And Freedom Of Navigation In The South China Sea,
2014
Penn State Law
The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson
Faculty Scholarship
The need for a uniform understanding of international norms regarding freedom of navigation is increasingly important as more States develop capacity to act in the international maritime realm. Nowhere is the issue of freedom of navigation more contentious, with more potential to spark wider conflict, than in the South China Sea (SCS). Both the United States and China profess an interest in the free navigation of commercial vessels in the region. Beyond commercial shipping, however, the two nations disagree on the important issue of freedom of navigation for military vessels. The United States believes all nations have wide latitude under …
Contemporary Practice Of The United States Relating To International Law, April 2014,
2014
University of Michigan Law School
Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress
Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards,
2014
Georgetown University Law Center
Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 U.S. 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This article addresses this question by examining the …
Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea,
2014
Vanderbilt University Law School
Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea, Sean P. Mahard
Vanderbilt Journal of Transnational Law
Piracy has reemerged with a vengeance in the twenty-first century. Although it is confined primarily to the horn of Africa, piracy poses a significant problem to commercial shipping companies that need to traverse the Gulf of Aden for business. In response to modern-day piracy, shipowners have begun to employ privately armed contractors for protection. Countries and international organizations have recently developed regulations to address this growth in private maritime security. This Note analyzes both international and domestic regulatory regimes for privately armed contractors with a specific focus on the United States and Norway. This Note concludes that current U.S. regulations …
The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014.,
2014
University of Miami School of Law
The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz
Articles
No abstract provided.
The International Tribunal For The Law Of The Sea (Itlos) : Innovations And Prospects In The International Maritime Disputes Settlement System After More Than Fifteen Years Of Effective Practice,
2013
World Maritime University
The International Tribunal For The Law Of The Sea (Itlos) : Innovations And Prospects In The International Maritime Disputes Settlement System After More Than Fifteen Years Of Effective Practice, Ousmane Diouf
World Maritime University Dissertations
No abstract provided.
Haiti's Claim Over Navassa Island : A Case Study,
2013
World Maritime University
Haiti's Claim Over Navassa Island : A Case Study, Michaelle Pierre
World Maritime University Dissertations
No abstract provided.
Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea,
2013
U.S. Naval War College
Arctic Climate Change And U.S. Accession To The United Nations Convention On The Law Of The Sea, Raul (Pete) Pedrozo
International Law Studies
No abstract provided.
Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression,
2013
Boise State University
Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression, Mark T. Haggard
Boise State University Theses and Dissertations
This thesis examines the relationship between the United States and Great Britain during the era of slave trade suppression in the nineteenth century. Two ideals of international relations came into conflict when Great Britain’s humanitarian drive to rid the world of the international slave trade ran headlong into the United States’ claims to sovereignty under the Law of Nations. Under international maritime law a ship is the sovereign territory of the nation under whose flag it sails; the forcible boarding of a ship is tantamount to an invasion of the country itself. Britain sought to circumvent this rule in the …
A Mild Winter: The Status Of Environmental Preliminary Injunctions,
2013
Seattle University School of Law
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
Seattle University Law Review
Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely determine …
The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity,
2013
University of Georgia School of Law
The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl
Georgia Journal of International & Comparative Law
No abstract provided.
You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law,
2013
University of Georgia School of Law
You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley
Georgia Journal of International & Comparative Law
No abstract provided.
Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives,
2013
Dalhousie University Schulich School of Law
Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu
PhD Dissertations
The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …
China Msa’S Supervision Power On Pollution Prevention From Ships In Different Water Areas Under Unclos Framework,
2013
World Maritime University
China Msa’S Supervision Power On Pollution Prevention From Ships In Different Water Areas Under Unclos Framework, Penghao Zhou
Maritime Safety & Environment Management Dissertations (Dalian)
No abstract provided.
Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?,
2013
Surabaya University, Indonesia
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,
2013
University of San Diego
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.
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not? On The Human Rights Of Kidnapped Seamen And Their Families,
2013
Barry University School of Law
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.
The Compromised Cargo Container: Terror In A Box,
2013
Barry University
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,
2013
Dalhousie University Schulich School of Law
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.
The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic,
2013
Penn State Law
The Opportunity Costs Of Ignoring The Law Of Sea Convention In The Arctic, James W. Houck
Faculty Scholarship
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 …
