Open Access. Powered by Scholars. Published by Universities.®

Law of the Sea Commons™

Open Access. Powered by Scholars. Published by Universities.®

2,003 Full-Text Articles 1,883 Authors 2,408,892 Downloads 88 Institutions

All Articles in Law of the Sea

Faceted Search

2,003 full-text articles. Page 55 of 59.

The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson 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, Kristina Daugirdas, Julian Davis Mortenson 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, Joshua C. Teitelbaum 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, Sean P. Mahard 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., Bernard H. Oxman, Vincent P. Cogliati-Bantz 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, Ousmane Diouf 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, Michaelle Pierre 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, Raul (Pete) Pedrozo 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, Mark T. Haggard 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, Sarah J. Morath 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, William M. Stahl 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, Andrew Michael Bagley 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, Hai Dang Vu 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, Penghao Zhou 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?, Atik Kusriyati 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, Michael Reed 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, Barry Hart Dubner, Kimberly Chavers 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, Taylor Simpson-Wood 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, Aldo Chircop 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, James W. Houck 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 …


Digital Commons powered by bepress