The marine legal order established in East Asia is based on the United Nations Convention on the Law of the Sea. Most countries in East Asia have acceded to the Convention; they therefore cooperate with and interact between themselves on East Asian ocean matters and ocean uses within the framework p...   MORE>>

More than two decades have passed since the United Nations Convention on the Law of the Sea (UNCLOS) was concluded, and more than a decade has passed since the Convention entered into force. UNCLOS enabled a comprehensive review of the entire range of issues pertaining to the Law of the Sea. It also...   MORE>>

Today, East Asia is a key area in the world, both politically and economically. Three global powers and several other major countries in terms of their populations, economies and roles in world affairs find themselves in the position of close proximity as territorial or maritime neighbours. They fac...   MORE>>

A recent incident of an unidentified atomic-powered submarine passing through the Japanese territorial sea raised the sensitive issue of what Japan could do, as the coastal State, in the face of a gross violation of the law. Despite being surrounded by the sea in all directions, Japan has not been p...   MORE>>

1. A Decisive Step for Defense of Sovereignty

A general officer-level meeting between the Korean People’s Army (“KPA”) and the U.S. Forces was held in Panmunjom on September 1, 1999. This meeting addressed the matter of fixing the Military Demarcation Line (“MDL”) on the Yellow Sea of K...   MORE>>

1. What is the “Northern Limit Line”?

The Northern Limit Line (“NLL”) refers to the maritime demarcation line on the Yellow Sea between North and South Korea. As a unilateral act, the United Nations Command ("UNC”) set this line right after the end of the Korean War which took place fro...   MORE>>

This paper analyzes legal remedies for marine ecological damage as provided in Article 90, Section 2 of the Marine Environment Protection Law of the People’s Republic of China. In doing so, the paper examines the Tasman Sea Oil Spills Case, the first civil case in China to claim marine ecological ...   MORE>>

The purpose of this paper is to clarify the present state and problems of Japanese measures against the protection and preservation of the marine environment from the perspective of international law and Japanese domestic laws and regulations. The analysis is divided into three sections. Firstly, th...   MORE>>

“No witchcraft, no enemy action had silenced the rebirth of new life in this stricken world. The people had done it themselves.” –Rachel Carson[1]

I. INTRODUCTION

The shellfish natural resource provides both economic and ecological benefits to the coastal regions of the United States. Ho...   MORE>>

CASE COMMENTS

Federalism is “[t]he legal relationship and distribution of power between the national and regional governments . . . .”[1] When state and federal laws conflict, the court will conduct a preemption analysis to determine whether an injunction of the state law is in order.[2] In...   MORE>>