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Articles 1 - 30 of 230
Full-Text Articles in Law
Recent Developments In The Law Of The Seas Ii: A Synopsis, John M. Gantus
Recent Developments In The Law Of The Seas Ii: A Synopsis, John M. Gantus
San Diego Law Review
The following materials are a compilation of events relevant to law of the seas that took place from March 15, 1970 to March 1, 1971. While it is fairly complete it is far from exhaustive, due to the lack of continuity and organization of source materials. Major sources include the New York Times, the Environmental Reporter, and the United States Code Congressional and Administrative News, as well as a little help from our friends. The format used is basically the same as that used last year when the first synopsis was published. For those of our readers who found the …
The Seabed Question In Context: One Of Many Issues Massing For The 1973 Conference, Clark M. Eichelberger
The Seabed Question In Context: One Of Many Issues Massing For The 1973 Conference, Clark M. Eichelberger
San Diego Law Review
A Comment on the evolution the United Nation's Seabed Committee.
An Englishman's Safe Port, F. J.J. Cadwallader
An Englishman's Safe Port, F. J.J. Cadwallader
San Diego Law Review
A discussion of use and elements of safe ports by ships in distress.
Wet War: North Pacific, Edward J. Oliver
Wet War: North Pacific, Edward J. Oliver
San Diego Law Review
The United States contiguous Fishery Zone. The enforcement of the Unites States and its fishing zones and its present basis.
Latin American Countries Facing The Problem Of Territorial Waters, J. J. Santa-Pinter
Latin American Countries Facing The Problem Of Territorial Waters, J. J. Santa-Pinter
San Diego Law Review
Discusses is three parts 1. Problems of individual Latin American countries; 2. Latin American political criteria; 3. Regional political thoughts of Latin American countries.
Freezing The Boundry Dividing Federal And State Interests In Offshore Submerged Lands, Norman Wulf
Freezing The Boundry Dividing Federal And State Interests In Offshore Submerged Lands, Norman Wulf
San Diego Law Review
An examination of Federal and states' interest in submerged land. Provides analysis of present boundary limitations and international implications of this boundary.
The Un And The Law Of The Sea: Prospects For The United States Seabeds Treaty, Margaret Lynch Gerstle
The Un And The Law Of The Sea: Prospects For The United States Seabeds Treaty, Margaret Lynch Gerstle
San Diego Law Review
The author looks at coastal and other state interests competing in the united States' policy for Law of the Sea.
Seabed Resources: The Problems Of Adolescence, W. Frank Newton
Seabed Resources: The Problems Of Adolescence, W. Frank Newton
San Diego Law Review
Discusses the past, present, and future problems with seabed exploration and related international responses to these problems.
The Draft United Nations Conventions On The International Seabed Area: Background, Description, And Some Preliminary Thoughts, H. Gary Knight
The Draft United Nations Conventions On The International Seabed Area: Background, Description, And Some Preliminary Thoughts, H. Gary Knight
San Diego Law Review
This Article covers relevant aspects of marine geology and marine resources law, a short history of seabed questions, the Draft Convention, and Nixon's statements in 1970. Part III of the articles summarizes provisions of the Draft Commission and makes some comments.
Foreword: Law Of The Sea Needs For The 1970'S, Daniel Wilkes
Foreword: Law Of The Sea Needs For The 1970'S, Daniel Wilkes
San Diego Law Review
These are exciting times for an ocean lawyer, for the Law of the Sea is in a period of reconstitution; simultaneously, the arena for remaking ocean law also could become the amphitheater for constitutive changes in our international system - or, as is predicted by a coterie of doomsayers, just another ring of an antedelvian circus. Looked at in this light, the following Law of the Seas Symposium can be judged, either by the degree to which its authors follow the "Rules of Play" for this constitutive period, or by the extent to which they meet the need for new …
Mexico And The Law Of The Sea: Contributions And Compromises. Book Review, Michael Reed
Mexico And The Law Of The Sea: Contributions And Compromises. Book Review, Michael Reed
San Diego International Law Journal
Much valuable scholarly material has been published on the United Nations Convention on the Law of the Sea, often referred to simply as “UNCLOS” or “The Constitution for the Oceans.” The focus of that scholarship has usually been on interpreting the Convention’s 320 separate Articles and substantive Annexes. Such sources are, of course, critical to individuals seeking to comply with the law of the sea or sovereigns charged with enforcing it.
A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity, Jonathan Bellish
A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity, Jonathan Bellish
San Diego International Law Journal
Around 2005, maritime piracy made a troubling resurgence three quarters of a century after a consensus had been reached that the age of piracy had permanently ended. Yet piracy returned in a slightly different form, with pirates relying more on land-based facilitators than their historical counterparts. Maritime piracy’s reappearance made ripe for consideration the question of whether a facilitator of maritime piracy must be physically present on the high seas while facilitating in order to be subject to universal jurisdiction. This Article undertakes an analysis of the text, statutory context, history, and policy impetus behind UNCLOS art. 101 as it …
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
San Diego International Law Journal
This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.
Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen
San Diego International Law Journal
Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime. There is less agreement, however, in how …
The International Tribunal For The Law Of The Sea And The Possibility Of Judicial Settlement Of Disputes Involving The Fishing Entity Of Taiwan - Taking Ccsbt As An Example, Yann-Huei Song
San Diego International Law Journal
The main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of …
The Interrelation Between The Law Of The Sea Convention And Customary International Law, Martin Lishexian Lee
The Interrelation Between The Law Of The Sea Convention And Customary International Law, Martin Lishexian Lee
San Diego International Law Journal
The 1982 United Nations Convention on the Law of the Sea (LOSC) is a successful attempt by the international community to codify and unify the law of the sea. After long negotiations, the LOSC opened for signature at the Third United Nations Conference on the Law of the Sea (UNCLOS III) in 1982. Together with its two formal associations, the Part XI Implementation Agreement 1994 and the Straddling and Migratory Fish Stocks Agreement 1995, it is regarded as one of the most comprehensive documents ever adopted by the international community. The LOSC not only succeeded in addressing all topics covered …
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
San Diego International Law Journal
In recent years, as technology permitting previously impossible underwater salvage operations has become available, ancient principles of the laws of salvage and of finds as applied to sunken ships have come under attack. Those who would limit or preclude the application of salvage and finds principles and the conduct of salvage operations in the context of shipwrecks have advocated changes in both the common law of admiralty and in related statutory law. They have also supported an international convention on the subject. Academic commentary favoring heightened preservation praises these developments and promotes further initiatives to protect the "underwater cultural heritage" …
The Pacific Ocean And U.S.-Japan Relations: A Way Of Looking Back At The 20th Century, Akio Watanabe
The Pacific Ocean And U.S.-Japan Relations: A Way Of Looking Back At The 20th Century, Akio Watanabe
San Diego International Law Journal
Speaking of a "Pacific Age" is now commonplace. About a hundred years ago, however, it was almost a flight of fancy. In 1890, Manjiro Inagaki, a Cambridge-educated Japanese diplomat, wrote: "Without doubt the Pacific will in the coming century be the platform of commercial and political enterprise. This truth, however, escapes the eyes of ninety-nine out of a hundred, just as did the importance of Eastern Europe in 1790 and of Central Asia in 1857." Inagaki's belief was based on the seemingly inevitable clash of interests between England and Russia in those years. The rivalry for spheres of influence between …
Recollections Of The 1952 International North Pacific Fisheries Convention: The Decline Of The Principle Of Abstention, Shigeru Oda
San Diego International Law Journal
Having recently completed twenty-seven years on the bench of the International Court of Justice in The Hague, I have just returned to Sendai, Japan, my home town. Please permit me therefore to offer some personal recollections of the time fifty years ago when, as a graduate law student from occupied Japan traveling on a passport issued by General MacArthur, Supreme Commander of the Allied Powers in Japan, I began preparation of my doctoral dissertation at Yale Law School.
The 1953 International North Pacific Fisheries Convention: Half-Century Anniversary Of A New Department In Ocean Law, Harry N. Scheiber
The 1953 International North Pacific Fisheries Convention: Half-Century Anniversary Of A New Department In Ocean Law, Harry N. Scheiber
San Diego International Law Journal
In the broadest historical perspective, the Convention laid the groundwork for the modern-day norm of multi-lateralist style and structure for sustainable management of ocean resources. It is fitting, then, that a conference bringing together experts on ocean law and policy from many countries would have gathered in 2003 at the University of California, Berkeley to consider the current-day initiatives in multilateralism and, at the same time, to recall their origins and precursors starting with the International North Pacific Fisheries Convention.
Flags Of Convenience Before The Law Of The Sea Tribunal, Tullio Treves
Flags Of Convenience Before The Law Of The Sea Tribunal, Tullio Treves
San Diego International Law Journal
Reflagged vessels and vessels flying flags of convenience (two phenomena that most often coexist) are frequent features in cases brought before the International Tribunal for the Law of the Sea (ITLOS or the Tribunal). Of all the cases decided by the Tribunal, only the Southern Bluefin Tuna cases and the MOX Plant case had nothing to do with this phenomenon; and only the former, which concerns fishing, somehow involves ships.
Scientific Cooperation In The North Pacific: The Pices Project, Warren S. Wooster, Sara F. Tjossem
Scientific Cooperation In The North Pacific: The Pices Project, Warren S. Wooster, Sara F. Tjossem
San Diego International Law Journal
While individuals carry out scientific research, their local, national, and international institutions also play an important role. This is particularly true in the case of marine science, where the vast scale and complexity of ocean resources demands not only cooperation among individuals and their institutions, but also an interdisciplinary approach that allows for interaction among fields such as physics and biology. Marine science also demands effective interaction between those who seek understanding of natural systems and their resources and those who wish to apply that understanding in utilizing those resources.
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
San Diego International Law Journal
The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.
Japan, The North Atlantic Triangle, And The Pacific Fisheries: A Perspective On The Origins Of Modern Ocean Law, 1930-1953, Harry N. Scheiber
Japan, The North Atlantic Triangle, And The Pacific Fisheries: A Perspective On The Origins Of Modern Ocean Law, 1930-1953, Harry N. Scheiber
San Diego International Law Journal
I seek to establish here the degree to which multilateralism prevailed in the postwar era, or instead was overcome by unilateralist objectives and methods in pursuit of national interests. The empirical basis and special focus in much of my analysis is the discussion of Canada's role in regard to the diplomacy of the Pacific fisheries and more generally in regard to the process of developing modern ocean law as reflected in Canadian-U.S.-Japanese-British relations.
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
San Diego International Law Journal
The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …
Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel
Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel
San Diego International Law Journal
This Comment will argue that the EPA may regulate the emissions of large sea-going vessels flying foreign flags that enter the territorial sea, contiguous zone, or Exclusive Economic Zone (EEZ) of the United States, under Section 213 of the CAA, notwithstanding conventional and customary Law of the Sea and other international treaties governing vessel source pollution. Part II of the comment presents background material that explains the provisions of the CAA, which mandate the EPA to regulate international shipping vessels. This section also presents the regulatory schemes developed by the IMO and the EPA. Part III evaluates whether the EPA …
Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan
Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan
San Diego International Law Journal
The purpose of this Article is to examine recent developments in the long-standing struggle by the United States and Mexico to cope with managing cross-border wastewater. Two notable legal developments have occurred recently that are fundamental to understanding the situation today. One is legislative, and the other is judicial. Neither has received scholarly comment. The first is the enactment of Tijuana River Valley Estuary and Beach Cleanup Act, which was signed into United States' law in 2000. It signified a significant change in policy by Congress. Prior to the enactment of the Cleanup Act, the international agreement contained in Minute …
Reclaiming The Beautiful Island: Taiwan's Emerging Environmental Regulation, Michael Scott Feeley
Reclaiming The Beautiful Island: Taiwan's Emerging Environmental Regulation, Michael Scott Feeley
San Diego Law Review
In this Article, Mr. Feeley, provides an introduction to the Taiwanese environmental regulatory scheme emerging from Taiwan's unique circumstances (economic influence and ecological crises) and the potential economic impact that may result. The author reviews the development of the centuries-old colony into an independent and powerful state. He then provides an overview of the specific environmental laws, regulations and policies already in place and previews those being developed. Lastly, he discusses potential economic effects of the new environmental scheme. In conclusion, the author envisions the shrewd commercial acumen and diligence which fueled Taiwan's rise in the world market as a …
A Free Trade Agreement Between The United States And Mexico: The Right Choice, Jesus Silva, Richard K. Dunn
A Free Trade Agreement Between The United States And Mexico: The Right Choice, Jesus Silva, Richard K. Dunn
San Diego Law Review
In this Article, Messrs. Silva and Dunn demonstrate that the intended Free Trade Agreement (FTA) between the United States and Mexico is a natural and necessary step in the two countries' economic relations. Their approach is to trace the steps which have led to the FTA and to analyze the evolution and progression of Mexican economic, legal, and political polices which have reached a point permitting and necessitating a trade pact. An agreement between the two countries is both logical and compelled though it will have permanent consequences and potential obstacles. Nevertheless, the agreement must be implemented and with an …
State Responsibility And Assessment Of Liability For Damage Resulting From Dumping Operations, George C. Kasoulides
State Responsibility And Assessment Of Liability For Damage Resulting From Dumping Operations, George C. Kasoulides
San Diego Law Review
The Contracting Members of the London Dumping Convention are considering the establishment of a liability regime for dumping operations. The obligation for the establishment of such a regime is included in the provisions of the Convention and is linked with a moratorium on dumping of radioactive waste. This article discusses general principles of state responsibility for environmental protection and the specific obligations for states and individuals included in the Convention. It examines evidence pointing to the recognition of a need for a liability regime, the nature of liability for dumping operations, and the associated issues of reparation and compensation systems. …