Law of the Sea Commons^™

The Gulf Of Maine Case And The Future Of Ocean Boundary Delimitation, Edward Collins Jr., Martin R. Rogoff

Maine Law Review

On October 12, 1984, a Chamber of the International Court of Justice handed down its decision in the Case Concerning the Delimitation of the Maritime Boundary in the Gulf of Maine Area (Can. v. U.S.). By a vote of four to one, the Chamber described in geodetic lines the course of the single maritime boundary that divides the continental shelf and exclusive fishery zones of Canada and the United States in that area. The Chamber's decision ended more than a decade of conflict between the two countries concerning jurisdiction over continental shelf and fishery resources in the Georges Bank area. …

Implied Warranties Of Seaworthiness: Applying The Knowing Neglect Standard In Time Hull Insurance Policies, Derek P. Langhauser

Maine Law Review

Time hull marine insurance policies provide insurance for a definite period against damage to or loss of a vessel. Even in cases in which a ship owner expressly warrants to an insurer that a vessel will be seaworthy when the policy takes effect, and unless the insurer waives all warranties, American admiralty law implies a warranty of seaworthiness as a condition of the contract. This implied warranty increases the insurer's chance of recovering his premium by mitigating his risk that the vessel will be damaged or lost. Although American admiralty law strives to remain harmonious with English admiralty law, American …

What Next For Japan And The Republic Of Korea In The East China Sea? The Law Of The Sea Perspective, Makoto Seta, Vasco Becker-Weinberg

International Law Studies

In 1974, Japan and the Republic of Korea (RoK) concluded a joint development agreement concerning the continental shelf where their respective maritime claims overlapped. However, there has been no oil or gas production from the joint development zone. Therefore, after five decades of the agreement being in force, and because it can be unilaterally terminated after 2028, it is appropriate to consider what happens next for Japan and RoK in the East China Sea. Looking forward, the authors consider that the framework for post-2028 could take one of three forms: maintaining the status quo, terminating the joint development agreement, or …

Lost At The South China Sea: A Legal Rationale For Joining Unclos, Dean Feinman

Fordham Law Review

Rising tensions in the South China Sea are a tired front of great power competition. Since President Barack Obama’s “pivot to Asia,” there has been renewed attention on growing Chinese naval power and influence, which stands to challenge the U.S. status as the world’s preeminent naval force. Despite a clear and obvious interest in maintaining a favorable global oceans regime, the United States has not ratified the United Nations Convention on the Law of the Sea (UNCLOS), the principal international instrument governing the use of the oceans. Instead, the United States argues that ratification is unnecessary because UNCLOS “embodies” customary …

Justice On The High Seas: Nonpecuniary Damages And The Death On The High Seas Act, Casey Rockwell, Chad Marzen

William & Mary Business Law Review

The COVID-19 pandemic has brought forth many discussions on liability issues. The Death on the High Seas Act currently prohibits recovery of “loss of society” or “loss of consortium” nonpecuniary damages. This Article contends that in the wake of the COVID-19 pandemic, with the harsh results of the application of DOHSA in COVID-19 cases, Congress has an opportunity to amend DOHSA. Allowing recovery of nonpecuniary damages in DOHSA cruise line cases, currently advocated for by a bipartisan group of lawmakers, will provide consistency and fairness to DOHSA.

China In The Unclos And Bbnj Negotiations, Yesterday Once More?, Nengye Liu, Shirley V. Scott

Research Collection Yong Pung How School Of Law

This paper compares China’s stance during the UNCLOS negotiations – the starting point of contemporary law of the sea, with its engagement in the latest development of BBNJ negotiations. It answers the question, how does China participate in these two important rules-making processes of the international law of the sea? By identifying salient positions China took in each set of lengthy negotiations and explaining the reasons behind, the paper also aims to reflect what a rising China may bring to the international legal maritime order in the foreseeable future. The first part of this paper, on the nature of China’s …

Legal Considerations Relating To The Operation Of Submersible Craft Reflections On The Tragedy Of Titan : The U.S. Legislation As A Model, Ali Mohammad Mutleq Alghneimin

World Maritime University Dissertations

No abstract provided.

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

The South China Sea Arbitration After Eight Years: Its Implications For Jurisprudence And Third Parties, Yoshifumi Tanaka

International Law Studies

Even though eight years have passed since the issuance of the South China Sea arbitral award between the Republic of the Philippines and the People’s Republic of China, China has repeatedly claimed that the South China Sea arbitral award is null and void. Thus a question arises with regard to the legal consequences of the award in international law and international relations. The aim of this article is to consider this question by analyzing the impacts of the South China Sea arbitral award from three viewpoints: The impacts on the jurisdiction of an adjudicative body with regard to mixed disputes …

Maritime Autonomy And Liability: Navigating Uncharted Waters, Manal Cheema, Ariel Sarandinaki

International Law Studies

For centuries, people have voyaged the seas, structuring international and domestic law around the premise that people crew ships. However, that premise is no longer guaranteed as unmanned systems and vessels begin to embark on the waters. As the international community and U.S. legislators grapple with whether the law of the sea and domestic maritime law must adapt to accommodate the newest seafarers, it becomes evident that they need to be fully prepared to answer questions of liability and responsibility regarding unmanned vessels. This will become especially apparent when unmanned vessels collide with manned or other unmanned vessels. This article …

Illegal, Unreported And Unregulated (Iuu) Fishing As Pathways To Human Trafficking: Navigating The Trafficked State Of Migrant Filipino Fishermen In J.W. Henley’S Migrante, Mary Harmony I. Guevarra

Akda: The Asian Journal of Literature, Culture, Performance

This study focuses on how J.W. Henley’s Migrante (2020) illustrates the synchroneity of Illegal, Unreported and Unregulated (IUU) fishing to the human trafficking dynamics at sea, in which the maturation and onset of its male protagonist’s psychological and physiological damages confirm his trafficked state. This paper offers further scrutiny on the gendered footing of human trafficking and opens a reframing of its discourse. Migrante tells the painful story of Rizal, who finds employment in a fishing vessel on the shores of Su’ao, Taiwan; as his crew go about their routine at sea which is interspersed with illegal trades in the …

The International Legal Framework Of Oceanic Shipping Of Carbon Dioxide For Permanent Storage, Carolina Arlota, Michael B. Gerrard

Faculty Scholarship

The Intergovernmental Panel on Climate Change defines carbon dioxide capture and storage (CCS) as “a process in which a relatively pure stream of carbon dioxide (CO2) from industrial and energy-related sources is separated (captured), conditioned, compressed, and transported to a storage location for long-term isolation from the atmosphere.” Therefore, CCS encompasses a series of steps, at minimum: capturing carbon dioxide, its transportation to a storage site, and its injection into the subsurface for permanent storage. As such, CCS does not refer to any single activity or technology. This Article focuses on the transportation aspect of CCS and, more precisely, …

Tanggung Jawab Negara Terhadap Eksistensi Masyarakat Pemukim Di Atas Air (Studi Kasus: Suku Bajo Desa Samabahari, Kabupaten Wakatobi), Aditya Nurahmani An

Jurnal Hukum & Pembangunan

The settler communities on the water are like the Bajo tribe, they have had a tradition of living on the water and in coastal areas for generations even before Indonesia became independent. The settler communities on the water have faced various problems such as legal certainty for settlements, threats of eviction, difficulty in accessing clean water and acts of discrimination. In this research, there are 2 (two) things to be studied, firstly what is the position of the settler community on the water in terms of the principle of common property resources in marine management and secondly what is …

A Flexible Approach To Reach An Equitable Solution: The Application Of Principles To The Delimitation Of The Continental Shelf, Ángeles Jiménez García-Carriazo

International Law Studies

The delimitation of the continental shelf is an old exercise shaped by case law and State practice. Although every delimitation is unique, judicial practice has provided guidance about the principles to be applied in pursuit of an equitable solution. This article examines the guiding doctrines, the contemporary principles, and the emerging principles and rules in the delimitation of the continental shelf. It first analyzes the role of principles in continental shelf delimitation within two hundred nautical miles. Subsequently, it examines whether the same principles apply to the delimitation of the extended continental shelf, considering that the entitlement within two hundred …

Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari

International Law Studies

China has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.

This article argues that the Chinese narrative of law …

U.S. Freedom Of Navigation And Forward Presence Operations In The South China Sea And Taiwan Strait, October 2015 To July 2024, Raul (Pete) Pedrozo, James Kraska

International Law Studies

A tabular compilation of U.S. freedom of navigation and forward presence operations, including combined naval exercises and U.S. aircraft carrier operations, in the South China Sea and Taiwan Strait between October 2015 and July 2024. Prepared by Raul (Pete) Pedrozo & James Kraska.

Narrowing “The Gap”: Counter Gray Zone Operations, Raul (Pete) Pedrozo

International Law Studies

China is exploiting "The Gap" by conducting provocative Gray Zone operations to challenge its neighbors' sovereignty and sovereign rights, as well as their navigational rights and freedoms, in waters off their coast in the East China Sea, Taiwan Strait, and South China Sea. By engaging in malign activities that fall below the threshold of an "armed attack," China anticipates it can incrementally advance its interests without eliciting a military response from the targeted States. Diplomatic protests and third-party dispute settlement have not convinced China to halt its aggressive behavior. This article suggests States should use non-lethal counter-piracy tactics, techniques, and …

The Law Of General Average, Luca Anderlini, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Part of a ship's cargo is jettisoned in order to save the vessel and the remaining cargo from imminent peril. How should the loss be shared among the cargo owners? The law of general average, an ancient principle of maritime law, prescribes that the owners share the loss proportionally according to the respective values of their cargo. We analyze whether the law of general average is a truthful and efficient mechanism. That is, we investigate whether it induces truthful reporting of cargo values and yields a Pareto efficient allocation in equilibrium. We show that the law of general average is …