EEOS
Department - 100 Morrissey Blvd. - Boston, MA 02125 Broadly speaking, my research interests
revolve around matters related to ocean and coastal policy; marine
resource management; ocean zoning; land use; and the laws and
policies related to public and/or common property interests. Recent
research efforts have included examinations of some of the following
questions: The UMass/Boston Center for Coastal Environmental Sensing
Networks (CESN) works to bring together university researchers,
Massachusetts business and industry leaders, and state and federal
decision-makers, in an effort to better measure, monitor, and manage
our coastal resources. This research center endeavors to work with
partners to: In July 2005, the Town of Nantucket contracted with Urban Harbors
Institute at UMass/Boston to update the Harbor Management Plans for
Nantucket and Madaket Harbors. The Project team includes Jack Wiggin
(UHI Director) John Duff (Assistant Professor with EEOS), Dan
Hellin, Chantal Lefebvre, and Kristen Mallek (UHI staff), Sarah
Oktay (Managing Director of UMB's Nantucket Field Station), Chris
Sweeney (Director of the Division of Marine Operations), Steve
Bliven (UHI Senior Associate), Lisa Bowen (EEOS graduate student
fellow at UHI) and Rich Delaney (Executive Vice President, Horsley
& Witten Group). My work on the project includes research on
legal and policy issues related to land use, submerged lands
management, and watersheet management. In October 2003, during the 108 th Congress (2003-2004), the U.S.
Senate Foreign Relations Committee held hearings to examine the
question of U.S. accession to the Convention and ratification of the
accompanying Implementation Agreement. On February 25, 2004, the
Committee voted unanimously (19-0) to support U.S.
accession/ratification and reported the Convention and the
Implementation Agreement to the full Senate for its consideration.
On March 11, 2004, the Convention was placed on the Senate schedule
and became eligible for the final phase that would bring the U.S.
into state party membership. At the adjournment of the 108th
Congress at the end of 2004, the Convention had not been brought to
a vote. As a result the Convention has slid back in the domestic
"advice and consent" process and must once again be considered by
the Foreign Relations Committee before it can be submitted to the
full Senate. John Duff has written on the US efforts to move the Law
of the Sea Convention through the domestic ratification process and
is now examining how the US will play a role in the evolution and
application of international law of the sea principles in light of
the "backsliding" that keeps the US outside of Convention
membership. A number of questions merit examination: Why did the
Senate refrain from voting on the Convention?; Are there any
credible signs that indicate U.S. ratification/accession is likely
to occur soon?; and, If the U.S. remains "outside the Convention"
how might it protect its global ocean interests? In 2005 I presented
a paper entitled "The United States and Ratification of
the Law of the Sea Convention" at the International
Workshop on The United States and the United Nations Convention on
the Law of the Sea, in Taipei, Taiwan, R.O.C. Over the course of the last five years, I have worked on a number
of research projects related to the legal and regulatory systems
that apply to aquaculture operations in the United States. I am
continuing my research on the role that property rights play in
aquaculture developments. In particular I am examining the way in
which aquaculture businesses rely upon various characterizations of
their legal interests in the space that they use for their
activities. And I am asking, why is it that some states grant
permits or licenses while other states afford aquaculture operators
with stronger interests such as long term leases? And does it make a
difference? As ocean areas are coming under greater pressure from increasing
traditional uses such as shipping, fishing, and impacts from coastal
land development, as well as proposals to use ocean resources and
spaces in new ways (e.g., wind and wave power), some have
suggested that it’s time to “zone the ocean". I am reviewing the
historical bases for public land and ocean management and suggest
that in many ways we have been "zoning" US ocean areas for more than
a century. At the same time, my recent research suggest that we are
nowhere close to zoning the ocean as intensively as we have been
zoning land and that there are a long list of reasons that we ought
to consider allocation and management techniques other than
traditional zoning techniques. Former Students Links John
Duff Profile at marinecareers.net John A. Duff, The United
States and the Law of the Sea Convention: Sliding Back From
Accession and Ratification, [simultaneously in] 2006 - Annuaire
de droit maritime 229 - 258 (2006) [and] 11:1 Ocean and Coastal Law
Journal, 1-36 (2006). P. Hoagland, M.E. Schumacher, H.L. Kite-Powell and
J.A. Duff, Legal and Regulatory Framework for
Siting Offshore Wind Energy Facilities , (report funded by
Offshore Wind Energy Collaborative Pilot Projects Grant Program -
Massachusetts Technology Collaborative Project No. 2004-OWEC-01)
(June 2006). McDorman , Bolla, Johnston and
Duff, International Ocean Law: Materials and
Commentaries, Carolina Academic Press (2005). John A. Duff, A Note on the
United States and the Law of the Sea: Looking Back and Moving
Forward, 35 Ocean Development and International Law 195-219
(2004). John A. Duff, Offshore Management
Considerations: Law and Policy Questions Related to Fish, Oil and
Wind, 31 B.C. Env'l Aff. L. Rev. 385-402 (2004). John A. Duff, Public Shoreline
Access in Maine A Citizen's Guide to Ocean and Coastal Law,
(monograph produced by Marine Law Institute; Maine Sea Grant College
Program; and, University of Maine Cooperative Extension) (2004).
J.A. Duff, T.S. Getchis and P.
Hoagland, A Review of Legal and Policy Constraints To
Aquaculture in the US Northeast , Aquaculture
White Paper No. 5-NRAC Publication No. 03-005
(2003). John A. Duff, The Coastal Zone
Management Act: Reverse Preemption or Contractual Federalism?,
6:1 Ocean and Coastal Law Journal 109-118 (2001). Prosser, Burrowes, Vestal and
Duff, Harbor Management: A Legal Guide for Harbor
Masters and Coastal Officials (2000 revised edition) (Maine State
Planning Office & University of Maine Cooperative Extension
Service). John A. Duff, Royalty Relief
Act Spurs Oil and Gas Exploration in Deep Waters of the Gulf of
Mexico, in Ocean Yearbook, Volume 14, 203-231 ( University of
Chicago Press 2000). George V. Galdorisi and Kevin R. Vienna, Beyond
the Law of the Sea: New Directions for U.S. Oceans Policy.
Reviewed by John A. Duff, 30 Ocean Development and
International Law 82-87(1999). John A. Duff and Kristen Fletcher,
Augmenting the Public Trust: The Secretary of State's Efforts
to Create a Public Trust Ecosystem Regime in Mississippi,
67 Mississippi Law Journal 645- 694 (Spring 1998). John A. Duff and William C.
Harrison, The Law, Policy, and Politics of Gillnet Restrictions
in the State Waters of the Gulf of Mexico, 9 St. Thomas Law
Review 389-417 (Winter 1997). John A. Duff, Recent
Applications of United States Laws to Conserve Marine Species
Worldwide: Should Trade Sanctions Be Mandatory?. 2 Ocean and
Coastal Law Journal 1-31 (1996). John A. Duff, UNCLOS and the
Deep Seabed Mining Regime: The Risks of Refuting the Treaty, 19
Suffolk Transnational Law Review 1-66 (1995).
John A. Duff
Associate
Professor
Environmental Law
Phone: (617) 287-7445
Fax: (617) 287-7474
Email: John.Duff@umb.edu
University of Washington
Suffolk University
University of Mississippi
University of Lowell
Center for Coastal Environmental Sensing Networks (CESN)
Nantucket and Madaket Harbors Plan Update
International Law of the Sea
Aquaculture Law and Policy
Ocean Zoning
denise.ellis001@umb.edu
annish78@hotmail.com
chad.mcguire@umb.edu
caroline.howland001@umb.edu