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The 1982 Convention And Customary Law Of The Sea: Observations, A Framework, And A Warning, John King Gamble Jr., Maria Frankowska
The 1982 Convention And Customary Law Of The Sea: Observations, A Framework, And A Warning, John King Gamble Jr., Maria Frankowska
San Diego Law Review
This Article examines the relationship between the 1982 Law of the Sea Convention and customary international law of the sea. The authors warn against the simple inquiry of whether the 1982 Convention codifies existing customary law, and propose a three-category approach with which to analyze the Convention's provisions. The authors argue that the relationship between the 1982 Convention and customary international law is an organic, interactive process that will preoccupy legal scholarship for the rest of the decade and that any attempt to arrive at a definitive treatment of this issue would be impossible.
Recent Developments In The Law Of The Sea 1982-1983, Jean E. Polhamus
Recent Developments In The Law Of The Sea 1982-1983, Jean E. Polhamus
San Diego Law Review
This Synopsis highlights major events occurring between December 1982 and December 1983 that affect the law of the sea. It discusses events occurring after the United Nations Convention on the Law of the Sea was opened for signature on December 10,1982, the continuing responsibilities of the Third United Nations Conference on the Law of the Sea, the United States' refusal to sign the 1982 Convention, and its subsequent actions, and other significant events outside the conference.
Extension Of Ocean Dumping Legislation Under The Marine Protection, Research, And Sanctuaries Act To A United States Exclusive Economic Zone, Arlene Koval
San Diego Law Review
This Comment addresses President Reagan's March 10, 1983 Proclamation declaring a 200-mile Exclusive Economic Zone for the United States and the issue of the application of national legislation to that zone. The author discusses the feasibility of extending domestic ocean dumping legislation under the Marine Protection, Research, and Sanctuaries Act to a United States Exclusive Economic Zone in the context of existing international agreements dealing with ocean dumping.
Treating A Vessel Like A Home For Purposes Of Conducting A Search, Barry Vrevich
Treating A Vessel Like A Home For Purposes Of Conducting A Search, Barry Vrevich
San Diego Law Review
This Comment examines recent decisions by the United States Supreme Court which indicate the Court is prepared to authorize the full warrantless search of a vessel subsequent to a lawful, random boarding, even in the absence of an articulable suspicion of wrongdoing. The author argues that the creation of a new "maritime safety and document inspection" exception to the fourth amendment's warrant requirement and probable cause standard would be an unprecedented and unjustified infringement on the constitutional rights of individual mariners. The author argues that, because a mariner's home is often his vessel, a warrant should be required to search …
Prospects For Increased State And Public Control Over Ocs Leasing: The Timing Of The Environmental Impact Statement, Edward Corwin
Prospects For Increased State And Public Control Over Ocs Leasing: The Timing Of The Environmental Impact Statement, Edward Corwin
San Diego Law Review
This Comment reviews the current opportunities for state, local government, and public influence on the Department of Interior's Outer Continental Shelf decisions. The author argues that, while federal statutory procedures provide local governments and the public various opportunities to provide input regarding oil and gas leases on the Outer Continental Shelf, these channels of input fall far short of facilitating effective participation by these groups in federal decisions concerning those leases. The author suggests that earlier public availability of the Draft Environmental Impact Statement may remedy some of the inadequacies of the current process.
Conflict Resolution In The Assignment Of Area Entitlements For Seabed Mining, J. M. Broadus, Porter Hoagland Iii
Conflict Resolution In The Assignment Of Area Entitlements For Seabed Mining, J. M. Broadus, Porter Hoagland Iii
San Diego Law Review
This Article examines the conditions creating a need for, and the procedures being implemented to achieve, resolution of conflicts over deep seabed areas sought for exclusive exploration entitlements. The author argues that if and when deep seabed mining takes place, certain tangible advantages will accrue to nations or organizations that have obtained entitlements to exclusivity of activity within areas of the seabed. The author further suggests that the development of legal assurances of exclusivity and security of work within a claimed area has been proceeding along two different tracks, the 1982 Convention, and a prospectively complementary but currently separate and …
Uncharted Waters: Non-Innocent Passage Of Warships In The Territorial Sea, F. David Froman
Uncharted Waters: Non-Innocent Passage Of Warships In The Territorial Sea, F. David Froman
San Diego Law Review
This Article examines the nature of the right of innocent passage for warships in a territorial sea. The author argues that, although a right of innocent passage for warships appears in the 1982 Convention on the Law of the Sea, the practices of many coastal States conflict with the Convention's provisions and cloud resolution of several central questions, such as who decides whether passage is innocent or non-innocent, by what criteria, and what sanctions exist. Drawing upon the Convention, coastal State legislation, and recent submarine intrusions of Swedish and Norwegian waters, the author concludes that modern notions of sovereignty, which …
Offshore Oil Platforms Which Pollute The Marine Environment: A Proposal For An International Treaty Imposing Strict Liability, Melissa B. Cates
Offshore Oil Platforms Which Pollute The Marine Environment: A Proposal For An International Treaty Imposing Strict Liability, Melissa B. Cates
San Diego Law Review
This Comment considers the legal ramifications of an offshore oil well explosion that spills oil into the marine environment of another nation. The author suggests that no effective international law exists to govern the legal issues spawned by these incidents, including questions of liability, damages, and compensation. The author proposes the development of a new international treaty imposing strict liability on a nation when an offshore structure within its jurisdiction causes transnational oil pollution. The author argues that the current utilization of the strict liability concept in various sources of "customary" international law supports this standard of liability.
Institutional Aspects Of Fishery Management Under The New Regime Of The Oceans, J. E. Carroz
Institutional Aspects Of Fishery Management Under The New Regime Of The Oceans, J. E. Carroz
San Diego Law Review
This Article reviews the changes already made or envisaged in light of the relevant provisions of the 1982 United Nations Convention on the Law of the Sea and the biological characteristics of the living resources of the sea. The author argues that the establishment of exclusive economic zones necessitates the alteration of institutional arrangements developed over the last decades to promote international cooperation in the management of fisheries. The author describes the establishment of a network of regional fishery bodies and analyzes the effect of the 1982 Convention provisions concerning the institutional aspects of fishery management. The author then reviews …
The International Regulation Of Small Cetaceans, Cynthia E. Carlson
The International Regulation Of Small Cetaceans, Cynthia E. Carlson
San Diego Law Review
This Article examines the current international regulatory regime for the conservation and management of cetaceans. The author argues that there are approximately sixty species of small cetaceans, but because the primary focus of the International Whaling Commission (IWC) has been the setting of commercial harvest levels and conservation measures for large cetaceans, nations have assumed that the IWC's jurisdiction is limited to the regulation of larger species, although nowhere in the IWC Convention or in any rule or regulation is the term "whale" defined. The author argues that, in light of the fact that the harvest levels of small cetaceans …