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.
A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity,
2013
University of San Diego
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,
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 …
Is Seasteading The High Seas A Legal Possibility? Filling The Gaps In International Sovereignty Law And The Law Of The Seas,
2013
Vanderbilt University Law School
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 …
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.
Maritime Piracy: A Sustainable Global Solution,
2013
American University Washington College of Law
Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly
Scholarly Articles in Law Reviews & 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, …
Using The Public Trust Doctrine To Achieve Ocean Stewardship,
2013
Duke Law School
Using The Public Trust Doctrine To Achieve Ocean Stewardship, Mary Turnipseed, Michael C. Blumm, Duncan E.J. Currie, Kristina M. Gjerde, Peter Sand, Mary C. Wood, Julie A. Hambrook Berkman, Ryke Longest, Gail Osherenko, Stephen E. Roady, Raphael D. Sagarin, Larry B. Crowder
Faculty Scholarship
No abstract provided.
Organizing For Cyberspace Operations: Selected Issues,
2013
U.S. Naval War College
Organizing For Cyberspace Operations: Selected Issues, Paul Walker
International Law Studies
No abstract provided.
The Application Of International Law Principle In Practice Of The Delimitation On Continental Shelf,
2012
World Maritime University
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 …
How Exclusive Is The Exclusive Economic Zone : Contemporary Analysis Of The United Nations Convention On The Law Of The Sea 1982,
2012
World Maritime University
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 …
Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern,
2012
Seattle University School of Law
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 …
