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T P Spijkerboer - One of the best experts on this subject based on the ideXlab platform.

  • wasted lives borders and the right to life of people crossing them
    Nordic Journal of International Law, 2017
    Co-Authors: T P Spijkerboer
    Abstract:

    States are obliged to protect the right to life by Law. This article analyses the way in which states do this in the field of aviation Law, Maritime Law and the Law on migrant smuggling. A comparative description of these fields shows that states differentiate in protecting the right to life. Regular travellers benefit from extensive positive obligations to safeguard their right to life, whereas the lives of irregularised travellers are protected first and foremost by combating irregularised migration and, if the worst comes to pass, by search and rescue. The right of states to exclude aliens from their territories leads to exclusion of irregularised travellers from their main positive obligations under the right to life. This situation is analysed through Zygmunt Bauman’s notion of ‘wasted lives’. The contrast with aviation and Maritime Law makes clear that this situation is the outcome of human choice, which can be changed.

  • wasted lives borders and the right to life of people crossing them
    Social Science Research Network, 2016
    Co-Authors: T P Spijkerboer
    Abstract:

    States are obliged to protect the right to life by Law. This paper analyses the way in which states do this in the field of aviation Law, Maritime Law, and the Law on migrant smuggling. A comparative description of these fields of Law shows that states differentiate in protecting the right to life. Regular travelers benefit from extensive positive obligations to safeguard their right to life, whereas the lives of irregularized travelers are protected first and foremost by combating irregularized migration and, if the worst comes to pass, by search and rescue. The right of states to exclude aliens from the their territories leads to exclusion of irregularized travelers from their main positive obligations under the right to life. This situation is analyzed through Zygmunt Bauman’s notion of ‘wasted lives’. The contrast with aviation and Maritime Law makes clear that this situation is the outcome of human choice, which can be changed.

Anthony Niblett - One of the best experts on this subject based on the ideXlab platform.

  • On the efficiency of the common Law: an application to the recovery of rewards
    European Journal of Law and Economics, 2017
    Co-Authors: Anthony Niblett
    Abstract:

    Richard Posner’s influence on the field of Law and economics cannot be overstated. Among his many contributions, Posner offered an early conjecture that remains fascinating and controversial to this day: the idea that common Law rules are more likely than legislative codes to be concerned with efficiency. In this paper, I compare the efficiency of a common Law rule of contracting to the efficiency of a civil Law rule. In common Law jurisdictions, claimants must have knowledge of a reward in order to recover. In civil Law jurisdictions, however, no such knowledge is required. I analyze the efficiency of each rule by examining the incentives created by each rule. In a finding that agrees with Posner’s hypothesis, I argue that the common Law rule is more efficient. The model has a number of applications beyond contract default Laws. I use the model to discuss three legal questions previously analyzed by Richard Posner: (1) incentivizing innovation; (2) the finders-keepers rule in property Law; and (3) salvage rights in Maritime Law.

Gotthard Gauci - One of the best experts on this subject based on the ideXlab platform.

  • limitation of liability in Maritime Law an anachronism
    Marine Policy, 1995
    Co-Authors: Gotthard Gauci
    Abstract:

    Abstract One characteristic of Maritime Law is the availability of limitation of liability for shipowners and some others connected with shipping. This article, besides discussing the Law on limitation of liability, examines the arguments for and against the privileged status of shipowners, and concludes that there is no justification for such a system. Nevertheless, it is quite clear that recent Conventions and municipal statutes based on such Conventions have enhanced the right to limit liability; however, one American federal statute – the Oil Pollution Act of 1990 – has to an extent eroded the right to limitation of liability in cases of damage caused by oil pollution. It may be the case that this statute is indicative of future developments in Maritime Law.

Daniel J Hulsebosch - One of the best experts on this subject based on the ideXlab platform.

  • writs to rights navigability and the transformation of the common Law in the nineteenth century
    Social Science Research Network, 2016
    Co-Authors: Daniel J Hulsebosch
    Abstract:

    This Article argues that nationalist jurists in the early nineteenth century attempted to replace the dominant procedural conception of the common Law with a substantive one. Their purpose was to ameliorate the effects of legal federalism. They hoped that the creation of a national body of private Law in treatises and judicial reports would encourage legal uniformity among the states. The re-orientation of waterway Law around the keyword “navigability” offers one example. As this example demonstrates, the project of forging a national jurisprudence was not entirely successful. But it did, indirectly, generate a way for the Supreme Court to extend its admiralty jurisdiction beyond tidewater and onto the nation’s navigable fresh waters, thereby subjecting many commercial cases to a uniform and notionally transnational body of Maritime Law.

Adityo Darmawan Sudagung - One of the best experts on this subject based on the ideXlab platform.

  • THE IMPACT OF SINGAPORE COASTAL RECLAMATION AGAINST Maritime BOUNDARIES AND TERRITORIAL SOVEREIGNTY OF INDONESIA-SINGAPORE
    International Relations Study Program, 2018
    Co-Authors: Arni Nur Sukma Pertiwi, Adityo Darmawan Sudagung
    Abstract:

    Singapore has undertaken coastal reclamation activities since 1976 in the southwest of Singapore's main island bordering the Nipa Island, Riau Archipelago, Indonesia. In reclamation, Singapore took sand from Nipa Island Indonesia bounded by the sea with Singapore. This reclamation will have an impact on several things that is the Maritime boundaries and the territorial sovereignty of both countries. This article is attempted to describe how the impact of Singapore coastal reclamation against the Maritime boundary and territorial sovereignty of Indonesia-Singapore. The author is using the concept of State Sovereigntyand the International Maritime Law in UNCLOS 1982. Furthermore, this paper is using the descriptive method with the qualitative approach. The data collection technique is literature study consisting of books, journals, and including data from the reliable website in supporting the explanation of this paper. Based on the provisions of UNCLOS 1982, it can be concluded that Singapore's coastal reclamation has no effect on the Maritime boundary between Indonesia and Singapore, where Maritime boundaries remain at baseline before Singapore reclamates. However, Singapore's coastal reclamation could threaten Indonesia's territorial sovereignty as the mainland of Singapore approaching Nipa Island Indonesia can assume that Singapore wants to take control of Nipa Island, especially the Nipa Island region is strategically located because of its near to the Singapore Strait which is an international shipping line