Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 213
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 …
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 …
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 …
Matek V. Murat: Back To Terms Of Agreement, Jeffrey D. Winter
Matek V. Murat: Back To Terms Of Agreement, Jeffrey D. Winter
San Diego Law Review
In Matek v. Murat, the Ninth Circuit Court of Appeals ruled that the question of whether an interest in a general partnership amounts to a "security" should be determined only the legal effect of the agreement between the parties. The decision came at a time when the definition of "security" was expanding to include diverse economic entities. The effect of the decision was to consolidate, rather than expand, the scope of security regulation. This Note analyzes Matek in light of previous decisions from other circuits. The analysis applauds the Matek decision for effectively reducing unwarranted claims, and yet remaining faithful …
Evidentiary Privileges And The Exclusion Of Derivative Evidence: Commentary And Analysis, James J. Dalessio
Evidentiary Privileges And The Exclusion Of Derivative Evidence: Commentary And Analysis, James J. Dalessio
San Diego Law Review
Invocation of an evidentiary privilege traditionally meant that the confidential communications of a holder were protected from disclosure during judicial, administrative, or legislative proceedings. This model of evidentiary privilege law does not take into account information gathered from unauthorized preproceeding disclosures of otherwise privileged communications. A minority of courts seem willing to exclude this derivative evidence with little or no explanation. These courts may unwittingly base their decision on privacy concepts recently proposed as one of the modern justifications for the existence of evidentiary privilege in law. Courts confronted with this issue analyze it in confusingly, and often contrastingly, different …
Solutions In The Convention On The Law Of The Sea To The Problem Of Overfishing In The Central Bering Sea: Analysis Of The Convention, Highlighting The Provisions Concerning Fisheries And Enclosed And Semi-Enclosed Seas, Lourene Miovski
San Diego Law Review
In this Article, Ms. Miovski analyzes the justification, under the Convention on the Law of the Sea, for various types of fishery management control over the Central Bering Sea and the interrelationship of the freedoms, rights, duties, and interests recognized in the Convention. A number of theories are advanced to support various types of control under the Convention. After evaluating the various theories, the author considers the dispute resolution mechanisms available under the Convention as well as methods of enforcement. Finally, states' freedoms, rights, duties, and interests, recognized under the various CLOS articles and theories, are summarized. In conclusion, the …
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. …
Pondering The Scope Of Premises Search Warrants After Ybarra V. Illinois, Jeffrey D. Winter
Pondering The Scope Of Premises Search Warrants After Ybarra V. Illinois, Jeffrey D. Winter
San Diego Law Review
The problem of isolating the person from the place in a premise search has always been vexing. The Supreme Court has rejected the notion that people are safe from searches only in certain "constitutionally protected areas," and has advanced to the doctrine of "reasonable expectation of privacy." Some cases have added a new twist to this theory by considering the expectation of privacy and probable cause to search in terms of a person's relationship to the place being searched. This Comment will attempt to analyze these cases in the framework provided by the United States Supreme Court in Ybarra v. …
Protecting United States Interests In Antarctica, Ronald W. Scott
Protecting United States Interests In Antarctica, Ronald W. Scott
San Diego Law Review
Part I of this article presents an overview of the physical features and resources of Antarctica and the Southern Ocean. Next, the article explains the history of the diverse claims and interests in Antarctic territory, with particular emphasis on the United States' activities. Aspects of the Antarctic Treaty regime are then explored, especially management of living resources and potential exploration and exploitation of hydrocarbon and mineral resources. The article points out past weaknesses in United States' Antarctic policymaking. Recommendations include a broader role for the Department of Defense in areas such as safety and security, and resolution among Antarctic Treaty …
The Ecosystem Model Mandate For A Comprehensive United States Ocean Policy And Law Of The Sea, Martin H. Belsky
The Ecosystem Model Mandate For A Comprehensive United States Ocean Policy And Law Of The Sea, Martin H. Belsky
San Diego Law Review
In this Article, Dean Belsky compares the premises and recommendations of the Stratton Commission, set up to formulate a comprehensive national program for marine affairs, to America's national ocean policy and program. The author then suggests that a mechanism exists to provide for the establishment of a coordinated and integrated national ocean policy. That mechanism is the new international law requirement of comprehensive research, planning, and management for the ocean's space and resources. This comprehensive model is binding in domestic law and can be implemented under existing statutes by existing federal and state agencies. In light of the absence of …
Weaver V. Bishop And Negligence: A Path Toward Clearing The Muddy Water, John H. Abbott
Weaver V. Bishop And Negligence: A Path Toward Clearing The Muddy Water, John H. Abbott
San Diego Law Review
In Weaver v. Bishop, the California Appellate Court affirmed the trial court's adoption of the "reasonable use" doctrine in regards to the law governing the obstruction or diversion of waters. The Weaver decision indicates that California courts have finally begun to apply a consistent legal doctrine to damages claims resulting from water obstruction. This Note applauds the Weaver decision as an affirmation of the negligence (reasonable use) standard in the place of traditional water classifications and legal doctrines the author finds outdated. It concludes by calling the California Supreme Court or the Legislature to abolish the old rules and apply …
Foreign Search And Seizure: The Fourth Amendment At Large, Kimberly A. Strang
Foreign Search And Seizure: The Fourth Amendment At Large, Kimberly A. Strang
San Diego Law Review
The Administration's recent policy of "Say No to Drugs" has sparked a veritable war on drugs within our country. Outside our borders, on the high seas, and in foreign lands, the war on drugs has been fought to prevent their entry through our borders. This "war" is encroaching on the fourth amendment rights of persons suspected of drug trafficking who are subjected to search and seizure. This Comment examines the fourth amendment protection these people have received, and argues that the courts should uphold the fourth amendment, rather than pay it verbal service.
Coastal State Fishery Regulation Under International Law: A Comment On The La Bretagne Award Of July 17, 1986 (The Arbitration Between Canada And France), William T. Burke
Coastal State Fishery Regulation Under International Law: A Comment On The La Bretagne Award Of July 17, 1986 (The Arbitration Between Canada And France), William T. Burke
San Diego Law Review
It is now almost six years since the adoption of the LOS Convention and over ten years since the general acceptance of unilaterally extended fisheries jurisdiction, but we are still only in the early phases of working out the implications of these events for wealth and other value distributions. Establishing national fisheries regimes is a difficult and time-consuming task, even for the leading developed nations.
Will Canada Ratify The Law Of The Sea Convention, Ted L. Mcdorman
Will Canada Ratify The Law Of The Sea Convention, Ted L. Mcdorman
San Diego Law Review
In this Article, Professor McDorman discusses the fact that five years after the completion of the Law of the Sea Convention, Canada has not yet ratified the convention nor has it offered hints as to whether it will ratify the Convention. The author contrasts this stance with the fact that that Canada was a signatory, is one of its major beneficiaries, and that many of its high ranking officials expressed praise for the final document. Moreover, Canada has extensive economic interests in the ocean. The question of Canadian ratification of the LOS Convention is addressed from three perspectives: as a …
The Exclusive Economic Zone Of The Northwestern Hawaiian Islands: When Do Uninhabited Islands Generate An Eez, Jon M. Van Dyke, Joseph Morgan, Jonathan Gurish
The Exclusive Economic Zone Of The Northwestern Hawaiian Islands: When Do Uninhabited Islands Generate An Eez, Jon M. Van Dyke, Joseph Morgan, Jonathan Gurish
San Diego Law Review
Hawaii is the only state in the United Stats that consists solely of islands. These islands are unique among the states in climate and life style, and they present unique problems to those who would define their jurisdiction over the adjacent ocean areas. The eight main inhabited Hawaiian islands are entitled to territorial seas, contiguous zones, exclusive economic zones, and continental shelves, which are measured in the same way that similar zones are delineated outward from continental land territories. To the northwest of these main islands is a chain of smaller insular outcroppings that are a wildlife preserve for sea …
The Effect Of A Petition For Decertification On The Bargaining Process: The Reversal Of Dresser Industries, Timothy Silverman
The Effect Of A Petition For Decertification On The Bargaining Process: The Reversal Of Dresser Industries, Timothy Silverman
San Diego Law Review
In Dresser Industries, the National Labor Board held that an employee-filed petition for decertification does not permit an employer to refuse to bargain with the incumbent union. This Comment submits that the National Labor Relations Board should return to the rule that Dresser Industries expressly overruled. This Comment argues that the Telautograph Corporation rule requiring an employer to refuse to bargain, is the more workable and practical of the two conflicting rules and is more likely to achieve the legislative goals of the National Labor Relations Act.
The Gulf Of Sidra, Roger Cooling Haerr
The Gulf Of Sidra, Roger Cooling Haerr
San Diego Law Review
This Comment evaluates the validity of the Libyan claim to the Gulf of Sidra in relation to the Law of the Sea Convention. The author analyzes the lawfulness of U.S. naval maneuvers within the Gulf, and then analyzes the resort to the use of force in the settlement of this dispute within the U.N. Charter and customary international law.
Marine Pollution: Injury Without A Remedy, M. Casey Jarman
Marine Pollution: Injury Without A Remedy, M. Casey Jarman
San Diego Law Review
Pollution of coastal and ocean waters is a complex and serious problem. Many contaminants reaching the ocean are harmful to marine organisms. Pollution affects the marine environment at all levels, from marine organisms to human beings. Along with the environment, the economy suffers injury because of damage to food sources. This Article discusses the role of federal courts as a forum for redress of damages suffered from the pollution of coastal and ocean waters. It examines conflicting state and federal common law and statutory remedies for marine pollution. It concludes that in the face of the federal judiciary's retreat, Congress …
Foreword, Elisabeth Mann Borgese
Foreword, Elisabeth Mann Borgese
San Diego Law Review
Twenty years have passed since preparation began for the Third United Nations Conference on the Law of the Sea - the longest, largest, and most complex international conference ever held. As regular readers of this journal know, this development was triggered by the now classical address by the Delegate of Malta, Ambassador Arvid Pardo, to the United Nations General Assembly on November 1, 1967.
Sand Rights: Using California's Public Trust Doctrine To Protect Against Coastal Erosion, Michael A. Corfield
Sand Rights: Using California's Public Trust Doctrine To Protect Against Coastal Erosion, Michael A. Corfield
San Diego Law Review
This Comment examines the potential use of the public trust doctrine in the context of public beach. The author argues that reduced stream flow has resulted in much less sand being transported to California beaches and that much of the coastline is eroding at an alarming rate. The author further argues that the public trust doctrine provides that the tidelands are held in trust by the state for the benefit of the public, but that most legislation regarding the public trust doctrine has focused on ownership interests in public trust resources. The author suggests a system of public rights to …
The 1982 U.N. Convention On The Law Of The Sea: A Midstream Assessment Of The Effectiveness Of Article 309, John King Gamble Jr.
The 1982 U.N. Convention On The Law Of The Sea: A Midstream Assessment Of The Effectiveness Of Article 309, John King Gamble Jr.
San Diego Law Review
This Article examines the United Nations Convention on the Law of the Sea and the stand that it takes on reservations. The author argues that article 309 prohibits all reservations, while article 310 permits declarations and statements, provided these do not purport to exclude or modify the legal effect of the Convention. The author examines all declarations to determine if the letter and spirit of articles 309 and 310 are being met. The author further offers some observations about the effects of article 309 on participation levels in the treaty.