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State Sovereignty vs. the Ocean: Administrative Practice and the Construction of Wetlands

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Abstract:

In Rhode Island, the smallest state of the United States, coastal erosion not only threatens the natural resources, but also the sovereignty of the state. This is in part because one characteristic of sovereignty has been the ability to control land. When the land is slowly eroding into the Atlantic Ocean, the very real possibility that the state itself will eventually disappear in the ocean makes the necessity of protecting its coast very clear. Thus, the sovereign power has a strong interest in ensuring the integrity of the land within its boundaries. This paper discusses the ways in which unsettled administrative practice and institutional shifts contribute to conflicts over legal boundaries as well as individual rights. Using Palazzolo v. Rhode Island as a case study, we explore the way in which a dispute that developed in the midst of post-World War II economic growth and development came into direct conflict with increasingly technical understandings of land use and coastal erosion. While the understandings of the importance of land to economic growth are mutually constituted with the way in which the state exercises its sovereignty to protect its boundaries, Palazzolo presents us with a particularly apt example of how administrative power shapes space.
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Name: The Law and Society Association
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http://www.lawandsociety.org


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URL: http://citation.allacademic.com/meta/p237132_index.html
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MLA Citation:

Hatcher, Laura. "State Sovereignty vs. the Ocean: Administrative Practice and the Construction of Wetlands" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2013-12-14 <http://citation.allacademic.com/meta/p237132_index.html>

APA Citation:

Hatcher, L. J. , 2008-05-27 "State Sovereignty vs. the Ocean: Administrative Practice and the Construction of Wetlands" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2013-12-14 from http://citation.allacademic.com/meta/p237132_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: In Rhode Island, the smallest state of the United States, coastal erosion not only threatens the natural resources, but also the sovereignty of the state. This is in part because one characteristic of sovereignty has been the ability to control land. When the land is slowly eroding into the Atlantic Ocean, the very real possibility that the state itself will eventually disappear in the ocean makes the necessity of protecting its coast very clear. Thus, the sovereign power has a strong interest in ensuring the integrity of the land within its boundaries. This paper discusses the ways in which unsettled administrative practice and institutional shifts contribute to conflicts over legal boundaries as well as individual rights. Using Palazzolo v. Rhode Island as a case study, we explore the way in which a dispute that developed in the midst of post-World War II economic growth and development came into direct conflict with increasingly technical understandings of land use and coastal erosion. While the understandings of the importance of land to economic growth are mutually constituted with the way in which the state exercises its sovereignty to protect its boundaries, Palazzolo presents us with a particularly apt example of how administrative power shapes space.

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Similar Titles:
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The Construction of Ocean Space and Ocean Governance: Is it Time for a Rethink of the Flag State Issue?


 
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