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ID:
121481
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2013.
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| Summary/Abstract |
The Chinese annual fishing ban in the northwestern area of the South China Sea has been a cause for tension between Vietnam and China in recent years. This article advocates for the replacement of this unilateral fishing ban with a bilateral network of marine protected areas between China and Vietnam. Such a network, if properly implemented, could not only help to preserve the living resources of the South China Sea, but also contribute toward decreasing the tension between the two countries.
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| 2 |
ID:
121480
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| Publication |
2013.
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| Summary/Abstract |
This article uses the Northwest Passage as a case for study of one issue relating to the regime of international straits: whether a strait formed geographically and functionally by means of artificial aids for navigation may be regarded as an artificial waterway to which the regime of international straits does not apply. The article suggests that the Northwest Passage could be subject to a bilateral treaty regime between Canada and the United States, largely akin to that which applies to artificial waterways such as the Panama Canal. This solution would guarantee both Canadian sovereignty over the Passage and the interests of international shipping in having a route open and secure.
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| 3 |
ID:
121482
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| Publication |
2013.
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| Summary/Abstract |
Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel is a recent controversial case decided by U.S. courts concerning a Spanish historic shipwreck on the high seas. This article analyzes the case and its implications from three aspects. First, the different laws applicable to shipwrecks reflect diversified approaches to the preservation of shipwrecks on the high seas. Second, compared with the U.S. Foreign Sovereignty Immunity Act and the UNESCO Convention on the Protection of the Underwater Cultural Heritage, the UN Convention on Jurisdictional Immunities of States and Their Property better defines "commercial activity" by using the nature of the transaction as a primary criterion and its purpose as a supplement. Moreover, warship wrecks and the cargo on board are inseverable for sovereign immunity purposes. Third, a legal vacuum exists for the protection of a former colony state's legitimate interests over a historic shipwreck.
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| 4 |
ID:
121483
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| Publication |
2013.
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| Summary/Abstract |
The pirates of Somalia pose a major challenge for the international community, both economically and morally. Somali pirates try to legitimize their actions by reference to a number of arguments that appeal to the international community. Allegedly, the illegal fishing and waste dumping in Somali waters were the triggers for piracy. Hence, the pirates want to protect their coasts. These various strands form the so-called legitimacy Robin Hood narrative. In this article, this narrative is critically examined. The analysis includes a discussion of justice theories and related claims based on the works of John Rawls and Thomas Pogge. This is followed by a discussion of the justification of violence using Nicholas Fotion's irregular just war theory.
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